[Federal Register Volume 81, Number 75 (Tuesday, April 19, 2016)]
[Proposed Rules]
[Pages 22941-22943]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-09031]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2016-0248]
RIN 1625-AA00
Safety Zones; Recurring Events in Captain of the Port Duluth Zone
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to amend its safety zones regulations
for annual events in the Captain of the Port Duluth Zone. This proposed
rule would update the locations for two safety zones, add three safety
zones, and modify the format of the regulations to list the annual
events and corresponding safety zones in table form. These proposed
amendments will protect spectators, participants, and vessels from the
hazards associated with annual marine events and improve the clarity
and readability of the regulations.
DATES: Comments and related material must be received by the Coast
Guard on or before May 19, 2016.
ADDRESSES: You may submit comments identified by docket number USCG-
2016-0248 using the Federal eRulemaking Portal at http://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Lieutenant Junior Grade John Mack, Chief of Waterways
Management, Marine Safety Unit Duluth, U.S. Coast Guard; telephone
(218) 725-3818 or by email [email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
II. Background, Purpose, and Legal Basis
On May 31, 2013 the Coast Guard published an NPRM in the Federal
Register (78 FR 32608) entitled ``Recurring Events in the Captain of
the Port Duluth Zone.'' The NPRM proposed to establish 8 permanent
safety zones for annually recurring events in the Captain of the Port
Duluth Zone under Sec. 165.943. The NPRM was open for comment for 30
days.
On August 12, 2013 the Coast Guard published the Final Rule in the
Federal Register (78 FR 48802) after receiving no comments on the NPRM.
Through this proposed rule, the Coast Guard seeks to update Sec.
165.943.
The legal basis for this proposed rule is the Coast Guard's
authority to establish safety zones: 33 U.S.C. 1231; 33 CFR 1.05-1,
160.5; Department of Homeland Security Delegation No. 0170.1.
This proposed rule would update the locations of two safety zones
(Cornucopia 4th of July Fireworks Display & Superior Man Triathlon),
add three new permanent safety zones (City of Bayfield 4th of July
Fireworks Display, Two Harbors 4th of July Fireworks Display, & Power
Boat Championship Presented by TCPBA) for recurring safety zones, and
modify the format of Sec. 165.943 to list annual events and
corresponding safety zones in table form. These changes are necessary
to protect spectators, participants, and vessels from the hazards
associated with annual marine events, and to improve the overall
clarity and readability of the rule. These hazards related to the
annual events include obstructions to the waterway that may result in
marine casualties; explosive danger and flaming debris falling into the
water from fireworks; and large congregations of vessels and waterborne
spectators in the vicinity of the annual events.
This proposed rule will also arrange the safety zones listed in
Sec. 165.943 into a table sorted in ascending order of event date.
This change in format is intended to improve clarity and readability
and to reduce redundancy in the regulation.
Finally, this proposed rule clarifies that the enforcement dates
and times for each safety zone listed in Table 165.943 is subject to
change. While the events are anticipated to annually recur on certain
dates, factors, to include inclement weather, may result in
postponement. In the event of a postponement, the Coast Guard will
issue a Notice of Enforcement with updated enforcement dates and times,
and corresponding Broadcast Notice to Mariners for on scene notice.
III. Discussion of Proposed Rule
The amendments to this proposed rule are necessary to ensure the
safety of vessels and people during annual events taking place on or
near federally maintained waterways in the Captain of the Port Duluth
Zone. Although this proposed rule will be in effect year-round, the
specific safety zones listed in Table 165.943 will only be enforced
during a specified period of time when the event is on-going.
When a Notice of Enforcement for a particular safety zone is
published, entry into, transiting through, or anchoring within the
safety zone is prohibited unless authorized by the Captain of the Port
Duluth, or his or her designated representative. The Captain of the
Port Duluth or his or her designated representative can be contacted
via VHF Channel 16. All persons and vessels granted permission to enter
the safety zone must comply with all instructions given by the Captain
of the Port Duluth or his or her designated representative.
IV. Regulatory Analyses
We developed this proposed rule after considering numerous statutes
and Executive orders related to rulemaking. Below we summarize our
analyses based on a number of these statutes and Executive orders and
we discuss First Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13563 emphasizes the importance of
quantifying both costs and benefits, of reducing costs, of harmonizing
rules, and of promoting flexibility. This NPRM has not been designated
a ``significant regulatory action,'' under Executive Order 12866.
Accordingly, the NPRM has not been reviewed by the Office of Management
and Budget.
This regulatory action determination is based on the size,
location, duration, and time-of-day of the safety zones. The
[[Page 22942]]
safety zones created by this proposed rule will be small and enforced
for short periods of time. Under certain conditions, moreover, vessels
may still transit through the safety zone when permitted by the Captain
of the Port Duluth. Before the enforcement of these safety zones, the
Coast Guard will issue local Broadcast Notice to Mariners so that
vessel owners and operators may plan accordingly.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this
proposed rule would not have a significant economic impact on a
substantial number of small entities.
While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
IV.A above, this proposed rule would not have a significant economic
impact on any vessel owner or operator.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule. If the rule would affect
your small business, organization, or governmental jurisdiction and you
have questions concerning its provisions or options for compliance,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section. The Coast Guard will not retaliate against small entities that
question or complain about this proposed rule or any policy or action
of the Coast Guard.
C. Collection of Information
This proposed rule would not call for a new collection of
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this proposed rule under that Order and
have determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, this proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this proposed rule has implications for federalism or
Indian tribes, please contact the person listed in the FOR FURTHER
INFORMATION CONTACT section.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this proposed rule would not
result in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.
F. Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have determined
that this action is one of a category of actions that do not
individually or cumulatively have a significant effect on the human
environment. An environmental analysis checklist supporting this
determination is available in the docket where indicated under
ADDRESSES. This proposed rule involves the establishment of safety
zones and is therefore categorically excluded under paragraph 34(g) of
Figure 2-1 of the Commandant Instruction. We seek any comments or
information that may lead to the discovery of a significant
environmental impact from this rule.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places, or vessels.
V. Public Participation and Request for Comments
We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
We encourage you to submit comments through the Federal eRulemaking
Portal at http://www.regulations.gov. If your material cannot be
submitted using http://www.regulations.gov, contact the person in the
FOR FURTHER INFORMATION CONTACT section of this document for alternate
instructions.
We accept anonymous comments. All comments received will be posted
without change to http://www.regulations.gov and will include any
personal information you have provided. For more about privacy and the
docket, you may review a Privacy Act notice regarding the Federal
Docket Management System in the March 24, 2005, issue of the Federal
Register (70 FR 15086).
Documents mentioned in this NPRM as being available in the docket,
and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that Web site's
instructions. Additionally, if you go to the online docket and sign up
for email alerts, you will be notified when comments are posted or a
final rule is published.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and record
keeping requirements, Security measures, Waterways.
[[Page 22943]]
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR parts 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for Part 165 continues to read as follows:
Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1,
6.04-6, and 160.5; Department of Homeland Security Delegation No.
0170.1.
0
2. Revise Sec. 165.943 to read as follows:
Sec. 165.943 Safety Zones; Recurring Events in Captain of the Port
Duluth Zone.
(a) Regulations. The following regulations apply to the safety
zones listed in Table 165.943 of this section:
(1) The Coast Guard will provide advance notice of the enforcement
date and time of the safety zone being enforced in Table 165.943, by
issuing a Notice of Enforcement, as well as, a Broadcast Notice to
Mariners.
(2) During the enforcement period, the general regulations found in
Sec. 165.23 shall apply.
(b) Contacting the Captain of the Port. While a safety zone listed
in this section is enforced, the Captain of the Port Duluth or his or
her on-scene representative may be contacted via VHF Channel 16. Vessel
operators given permission to enter or operate in the safety zone must
comply with all directions given to them by the Captain of the Port
Duluth, or his or her on-scene representative.
(c) Exemption. Public vessels, defined as any vessel owned or
operated by the United States or by State or local governments,
operating in an official capacity are exempted from the requirements of
this section.
Table 165.943
[Datum NAD 1983]
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Event Location Event date
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(1) Bridgefest Regatta Fireworks Display All waters of the Keweenaw Mid June.
Waterway in Hancock, MI within
the arc of a circle with a
radius of no more than 1,120
feet from the launch site at
position 47[deg]07'22'' N.,
088[deg]35'39'' W.
(2) Ashland 4th of July Fireworks All waters of Chequamegon Bay in On or around July 4th.
Display. Ashland, WI within the arc of a
circle with a radius of no more
than 1,120 feet from the launch
site at position 46[deg]35'50''
N., 090[deg]52'59'' W.
(3) City of Bayfield 4th of July All waters of the Lake Superior On or around July 4th.
Fireworks Display. North Channel in Bayfield, WI
within the arc of a circle with
a radius of no more than 1,120
feet from the launch site at
position 46[deg]48'39'' N.,
090[deg]48'35'' W.
(4) Cornucopia 4th of July Fireworks All waters of Siskiwit Bay in On or around July 4th.
Display. Cornucopia, WI within the arc
of a circle with a radius of no
more than 1,120 feet from the
launch site at position
46[deg]51'35'' N.,
091[deg]06'13'' W.
(5) Duluth 4th Fest Fireworks Display... All waters of the Duluth Harbor On or around July 4th.
Basin, Northern Section in
Duluth, MN within the arc of a
circle with a radius of no more
than 1,120 feet from the launch
site at position 46[deg]46'14''
N., 092[deg]06'16'' W.
(6) LaPointe 4th of July Fireworks All waters of Lake Superior in On or around July 4th.
Display. LaPointe, WI within the arc of
a circle with a radius of no
more than 1,120 feet from the
launch site at position
46[deg]46'40'' N.,
090[deg]47'22'' W.
(7) Two Harbors 4th of July Fireworks All waters of Agate Bay in Two On or around July 4th.
Display. Harbors, MN within the arc of a
circle with a radius of no more
than 1,120 feet from the launch
site at position 47[deg]00'54''
N., 091[deg]40'04'' W.
(8) Point to LaPointe Swim.............. All waters of the Lake Superior Early August.
North Channel between Bayfield
and LaPointe, WI within an
imaginary line created by the
following coordinates:
46[deg]48'50'' N.,
090[deg]48'44'' W., moving
southeast to 46[deg]46'44'' N.,
090[deg]47'33'' W., then moving
northeast to 46[deg]46'52'' N.,
090[deg]47'17'' W., then moving
northwest to 46[deg]49'03'' N.,
090[deg]48'25'' W., and finally
returning to the starting
position.
(9) Lake Superior Dragon Boat Festival All waters of Superior Bay in Late August.
Fireworks Display. Superior, WI within the arc of
a circle with a radius of no
more than 1,120 feet from the
launch site at position
46[deg]43'23'' N.,
092[deg]03'45'' W.
(10) Superior Man Triathlon............. All waters of the Duluth Harbor Late August.
Basin, Northern Section in
Duluth, MN within an imaginary
line created by the following
coordinates: 46[deg]46'36'' N.,
092[deg]06'06'' W., moving
southeast to 46[deg]46'32'' N.,
092[deg]06'01'' W., then moving
northeast to 46[deg]46'45'' N.,
092[deg]05'45'' W., then moving
northwest to 46[deg]46'49'' N.,
092[deg]05'49'' W., and finally
returning to the starting
position.
(11) Power Boat Championship Presented All waters of Superior Bay in Late August.
by TCPBA. Superior, WI within the arc of
a circle with a radius of no
more than 1,000 feet from the
position of 46[deg]43'30'' N.,
092[deg]03'57'' W.
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Dated: March 31, 2016.
A.H. Moore, Jr.,
Commander, U.S. Coast Guard, Captain of the Port Duluth.
[FR Doc. 2016-09031 Filed 4-18-16; 8:45 am]
BILLING CODE 9110-04-P