[Federal Register Volume 83, Number 118 (Tuesday, June 19, 2018)]
[Rules and Regulations]
[Pages 28379-28382]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-13055]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2018-0102]
RIN 1625-AA00
Safety Zones; Recurring Events in Captain of the Port Duluth Zone
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
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SUMMARY: The Coast Guard will amend its safety zone regulations for
annual events in the Captain of the Port Duluth Zone. This final rule
would update the locations for seven safety zones, add three new safety
zones, increase the safety zone radius of six existing fireworks
events, and modify the format of the regulation to list the annual
events and corresponding safety zones in table form. These amendments
will protect spectators, participants, and vessels from the hazards
associated with annual marine events and improve the clarity and
readability of the regulation.
DATES: This rule is effective July 19, 2018.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2018-0102 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Lieutenant John Mack, Chief of Waterways Management,
Marine Safety Unit Duluth, U.S. Coast Guard; telephone 218-725-3818,
email [email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background, Purpose, and Legal Basis
On February 22, 2018 the Coast Guard published an NPRM in the
Federal Register (82 FR 16012) entitled ``Safety Zones; Recurring
Events in Captain of the Port Duluth Zone.'' The NPRM proposed to amend
seven permanent safety zones, add three new safety zones, increase the
safety zone radius of six existing fireworks events, and modify the
format of the regulations in a table format for annually recurring
events in the Captain of the Port Duluth Zone under Sec. 165.943. The
aforementioned NPRM was open for comment for 30 days in which one
comment was received.
III. Discussion of Comments, Changes, and the Rule
As noted above, we received one comment on our NPRM published
February 22, 2018. The submission was not relevant to the rulemaking
and no substantive changes were made to the rule based upon this
comment. We made nonsubstantive editorial changes in the regulatory
text of this rule that vary from the proposed rule in the NPRM.
This rule is necessary to ensure seven existing regulations receive
updated coordinates, add three new safety zones, increase the radius of
six established fireworks events, and have the existing regulations
published in a table format. The updated coordinates are necessary to
ensure safety zones are in place at the appropriate location of the
event. The addition of three new safety zones, all of which are
fireworks events, will help prevent injury to spectators from the
pyrotechnics. The increase of safety zone radius for six published
rules is necessary to protect the public when larger pyrotechnic shell
sizes are used during the fireworks displays. A table format increases
the readability of published safety zones.
This rule will not have a significant economic impact on any vessel
owner or operator as stated in the published
[[Page 28380]]
NPRM. The safety zones will impact small designated areas within Lake
Superior for short durations of time. Upon notification from the event
sponsor, the date and times for each safety zone will be contained in a
published Notice of Enforcement issued by the COTP Duluth. Any small
entity that maybe impacted by these regulations at a future date are
welcome to contact the Coast Guard.
The Coast Guard is issuing this rule under authority in 33 U.S.C.
1231. The Captain of the Port Duluth (COTP) has determined that an
amendment to the recurring events list as published in 33 CFR 165.943
will be necessary to: Update the location of seven existing safety
zones (Bridgefest Regatta Fireworks Display, Cornucopia 4th of July
Fireworks Display, Duluth 4th Fest Fireworks Display, LaPointe 4th of
July Fireworks Display, Point to LaPointe Swim, Lake Superior Dragon
Boat Festival, Superior Man Triathlon), add three new safety zones for
additional annual events (City of Bayfield 4th of July Fireworks
Display, Two Harbors 4th of July Fireworks Display, and Superior 4th of
July Fireworks Display), increase the safety zone radius of six
fireworks events (Bridgefest Regatta Fireworks Display, Ashland 4th of
July Fireworks Display, Cornucopia 4th of July Fireworks Display,
Duluth 4th Fest Fireworks Display, LaPointe 4th of July Fireworks
Display, and Lake Superior Dragon Boat Festival), and format the
existing regulations into a table format. The purpose of this rule is
to ensure safety of vessels and the navigable waters in the safety zone
before, during, and after the scheduled events and to improve the
overall clarity and readability of the rule.
The amendments 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 rule will be in effect year-round, the specific safety zones
listed in Table 1 to Sec. 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. No vessel or person will be permitted to enter the
safety zone without obtaining permission from the COTP or a designated
representative.
IV. Regulatory Analyses
We developed this 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 rule has not been designated
a ``significant regulatory action,'' under Executive Order 12866.
Executive Order 13771 (``Reducing Regulation and Controlling Regulatory
Costs''), directs agencies to reduce regulation and control regulatory
costs and provides that ``for every one new regulation issued, at least
two prior regulations be identified for elimination, and that the cost
of planned regulations be prudently managed and controlled through a
budgeting process.''
The Office of Management and Budget (OMB) has not designated this
rule a significant regulatory action under section 3(f) of Executive
Order 12866. Accordingly, it has not been reviewed by the Office of
Management and Budget. As this rule is not a significant regulatory
action, this rule is exempt from the requirements of Executive Order
13771. See OMB's Memorandum titled ``Interim Guidance Implementing
Section 2 of the Executive Order of January 30, 2017 titled `Reducing
Regulation and Controlling Regulatory Costs' '' (February 2, 2017).
This regulatory action determination is based on the size,
location, duration, and time-of-day for each safety zone. Vessel
traffic will be able to safely transit around all safety zones which
will impact small designated areas within Lake Superior for short
durations of time. Moreover, the Coast Guard will issue Broadcast
Notice to Mariners via VHF-FM marine channel 16 about the zone and the
rule allows vessels to seek permission to enter the zone.
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 received no comments from the Small Business
Administration on this rulemaking. The Coast Guard certifies under 5
U.S.C. 605(b) that this rule will 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 rule will not have a significant economic impact on
any vessel owner or operator.
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 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.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
C. Collection of Information
This rule will 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 rule under that Order and have
determined that it is consistent with the fundamental federalism
[[Page 28381]]
principles and preemption requirements described in Executive Order
13132.
Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does 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 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 rule will 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 (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. This
rule involves: The update of seven safety zone locations, the addition
of three new safety zones, an increase of size for six safety zone
radiuses for fireworks related events, and the reformatting of
regulations into an easier to read table format. It is categorically
excluded from further review under paragraph L60(a) of Appendix A,
Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 01. A Record of
Environmental Consideration supporting this determination is available
in the docket where indicated under ADDRESSES. 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.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 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 1 to this section:
(1) The Coast Guard will provide advance notice of the enforcement
date and time of the safety zone being enforced in Table 1 to this
section, 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 1 to Sec. 165.943
[Datum NAD 1983]
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Event Location Event date
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(1) Bridgefest Regatta Fireworks All waters of the Keweenaw Waterway Mid June.
Display. 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]35'28'' 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]48'40'' N, 090[deg]48'32'' W.
(4) Cornucopia 4th of July All waters of Siskiwit Bay in On or around July 4th.
Fireworks 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]06'15'' W.
(5) Duluth 4th Fest Fireworks All waters of the Duluth Harbor On or around July 4th.
Display. 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 All waters of Agate Bay in Two On or around July 4th.
Fireworks 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.
[[Page 28382]]
(8) Superior 4th of July Fireworks All waters of Superior Bay in On or around July 4th.
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]43'28''N,
092[deg]03'38'' W.
(9) 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.
(10) Lake Superior Dragon Boat All waters of Superior Bay in Late August.
Festival 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]43'28'' N,
092[deg]03'47'' W.
(11) 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.
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Dated: June 13, 2018.
E.E. Williams,
Commander, U.S. Coast Guard, Captain of the Port Duluth.
[FR Doc. 2018-13055 Filed 6-18-18; 8:45 am]
BILLING CODE 9110-04-P