[Federal Register Volume 71, Number 121 (Friday, June 23, 2006)]
[Rules and Regulations]
[Pages 36012-36014]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-9662]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[CGD09-06-031]
RIN 1625-AA00


Safety Zone; St. Louis River/Duluth/Interlake Tar Remediation 
Site, Duluth, MN

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone on the 
St. Louis River in Duluth, Minnesota. The purpose of the safety zone is 
to protect the boating public from dangers associated with the cleanup 
operation in and around Stryker Bay. Entry into this zone is prohibited 
unless authorized by the Captain of the Port or his duly appointed 
representative.

DATES: This rule is effective from 8 a.m. CST on May 31, 2006 until 8 
p.m. CST on November 30, 2006.

ADDRESSES: Comments and material received from the public are part of 
the docket [CGD09-06-031] and are available for inspection or copying 
at U.S. Coast Guard Marine Safety Unit Duluth, 600 South Lake Ave, 
Canal Park, Duluth, Minnesota 55802 between the hours of 7:30 a.m. and 
3:30 p.m., Monday through Friday, except Federal Holidays.

FOR FURTHER INFORMATION CONTACT: LT Scott Stoermer, U.S. Coast Guard 
Marine Safety Unit Duluth, at (218) 720-5286.

Regulatory Information

    We did not publish a notice of proposed rulemaking (NPRM) for this 
regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a NPRM. The permit application was not 
submitted in time to allow for publication of an NPRM followed by a 
temporary final rule. Under 5 U.S.C. 553(d)(3), the Coast Guard finds 
that good cause exists for making this rule effective less than 30 days 
from the date of publication. Any delay of the effective date of this 
rule would be contrary to the public interest by exposing the public to 
the known dangers such as those associated with heavy equipment 
operations and naphthalene exposure from disturbed sediments.

Background and Purpose

    This safety zone is necessary to ensure the safety of the public 
and boating traffic in the Stryker Bay area during the course of an 
environmental remediation project. This safety zone is intended to 
restrict vessel traffic from the portion of St. Louis River where 
construction and dredging are occurring. The size of the zone was 
determined by placing the boundaries approximately 50 feet beyond the 
outermost extent of dredging operations, encompassing all of Stryker 
Bay and Hallett Slips 6&7.

Discussion of Rule

    A temporary safety zone is necessary to ensure the safety of 
boaters transiting this portion of the St. Louis River. The safety zone 
will be in effect from 8:00 a.m. CST, May 31, 2006 until 8 p.m. CST, 
November 31, 2006.
    The safety zone will encompass all waters of Stryker Bay and 
Hallett Slips 6 & 7 which are located north of a boundary line 
delineated by the following points: From the shoreline at 
46[deg]43'10.00'' N, 092[deg]10'31.66'' W, then south to 
46[deg]43'06.24'' N, 092[deg]10'31.66'' W, then east to 
46[deg]43'06.24'' N, 092[deg]09'41.76'' W, then north to the shoreline 
at 46[deg]43'10.04'' N, 092[deg]09'41.76'' W. These coordinates are 
based upon North American Datum 1983 [Datum NAD 83].
    All persons and vessels shall comply with the instructions of the 
Captain of the Port Duluth or the designated on-scene representative. 
Entry into, transiting, or anchoring within the safety zone is 
prohibited unless authorized by the Captain of the Port Duluth or his 
designated on-scene representative. The Captain of the Port or his 
designated on-scene representative may be contacted at Coast Guard 
Marine Safety Unit Duluth at (218) 720-5286.

Regulatory Evaluation

    This rule is not a ``significant regulatory action'' under section 
3(f) of Executive Order 12866, Regulatory Planning and Review, and does 
not require an assessment of potential costs and benefits under section 
6(a)(3) of that Order. The Office of Management and Budget has not 
reviewed it under that Order. It is not ``significant'' under the 
regulatory policies and procedures of the Department of Homeland 
Security (DHS).
    We expect the economic impact of this proposed rule to be so 
minimal that a full Regulatory Evaluation under the regulatory policies 
and procedures of DHS is unnecessary.
    This determination is based on the absence of any commercial vessel 
traffic in this portion of the St. Louis River. There are currently no 
operational marine terminals west of Hallett Slip 7, which is part of 
the remediation.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this rule would have a significant economic impact 
on a substantial number of small entities. 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 rule will 
not have a significant economic impact on a substantial number of small 
entities.
    This rule will affect the following entities, some of which may be 
small entities: the owners or operators of vessels intending to transit 
or anchor in the St. Louis River in the above described zone during the 
effective period.

[[Page 36013]]

    This safety zone will not have a significant economic impact on a 
substantial number of small entities for the following reasons: Hallett 
Slips 6&7 are industrial properties not generally used by the public, 
and Stryker Bay already has posted warnings against use of those 
waters. Vessel traffic may enter or transit through the safety zone 
with the permission of the Captain of the Port Duluth or his designated 
on-scene representative. Before the effective period, we will issue 
maritime advisories and ensure they are widely available to users of 
the St. Louis River.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 104-121), we want to assist small 
entities in understanding the rule so that they could better evaluate 
its effects on them and participate in the rulemaking process. 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).

Collection of Information

    This rule calls for no new collection of information under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has substantial direct effect on State or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. We have analyzed this rule under 
that Order and have determined that it does not have implications for 
federalism.

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 or more in any 
one year. Though this rule would not result in such an expenditure, we 
do discuss the effects of this rule elsewhere in this preamble.

Taking of Private Property

    This rule will not affect a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2) 
of Executive Order 12988, Civil Justice Reform, to minimize litigation, 
eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection 
of Children from Environmental Health Risks and Safety Risks. This rule 
is not an economically significant rule and does not concern an 
environmental risk to health or risk to safety that may 
disproportionately affect children.

Indian Tribal Governments

    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.

Energy Effects

    We have analyzed this proposed rule under Executive order 13211, 
Actions Concerning Regulations that Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that order because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. The Administrator of the office of Information and 
Regulatory Affairs has not designated it as a significant energy 
action. Therefore, it does not require a statement of Energy Effects 
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency provides Congress, 
through the Office of Management and Budget, with an explanation of why 
using these standards would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., specifications of materials, performance, design, or 
operation; test methods; sampling procedure; and related management 
system practices) that are developed or adopted by voluntary consensus 
standards bodies.
    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

Environment

    We have analyzed this proposed rule under Commandant Instruction 
M16475.lD, which guides the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and 
have made a preliminary determination that there are no factors in this 
case that would limit the use of a categorical exclusion under section 
2.B.2 of the Instruction. Therefore, we believe that this rule should 
be categorically excluded, under figure 2-1, paragraph (34)(g), of the 
Instruction, from further environmental documentation. This event 
establishes a safety zone therefore paragraph (34)(g) of the 
Instruction applies.
    A final ``Environmental Analysis Check List'' and a final 
``Categorical Exclusion Determination'' will be available in the docket 
where indicated under ADDRESSES.

 List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.


0
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. 1226, 1231; 46 U.S.C. Chapter 701; 50 
U.S.C. 191, 195; 33 CFR 1.05-1(g), 6.04-1, 6.04-6, 160.5; Department 
of Homeland Security Delegation No. 0170.1.


0
2. Add Sec.  165.T09-031 to read as follows:


Sec.  165.T09-031  Safety Zone; St. Louis River, Duluth/Interlake Tar 
Remediation Site, Duluth, MN.

    (a) Location. The following area is a safety zone: All waters of 
Stryker Bay and Hallett Slips 6 & 7 which are located north of a 
boundary line delineated by the following points:

[[Page 36014]]

From the shoreline at 46[deg]43'10.00'' N, 092[deg]10'31.66'' W, then 
south to 46[deg]43'06.24'' N, 092[deg]10'31.66'' W, then east to 
46[deg]43'06.24'' N, 092[deg]09'41.76'' W, then north to the shoreline 
at 46[deg]43'10.04'' N, 092[deg]09'41.76'' W. [Datum NAD 83].
    (b) Effective period. This rule is effective from 8 a.m. CST on May 
31, 2006 until 8 p.m. CST on November 30, 2006.
    (c) Regulations. (1) In accordance with the general regulations in 
Sec.  165.23 of this part, entry into, transiting, or anchoring within 
this safety zone is prohibited unless authorized by the Captain of the 
Port Duluth, or his designated on-scene representative.
    (2) This safety zone is closed to all vessel traffic, except as may 
be permitted by the Captain of the Port Duluth or his designated on-
scene representative.
    (3) The ``designated on-scene representative'' of the Captain of 
the Port is any Coast Guard commissioned, warrant or petty officer who 
has been designated by the Captain of the Port to act on his behalf. 
The designated on-scene representative of the Captain of the Port will 
be aboard either a Coast Guard or Coast Guard Auxiliary vessel. The 
Captain of the Port or his designated on-scene representative may be 
contacted by calling Coast Guard Marine Safety Unit Duluth at (218) 
720-5286.
    (4) Vessel operators desiring to enter or operate within the safety 
zone shall contact the Captain of the Port Duluth to obtain permission 
to do so. Vessel operators given permission to enter or operate in the 
safety zone shall comply with all directions given to them by the 
Captain of the Port Duluth or his designated on-scene representative.

    Dated: May 25, 2006.
G.T. Croot,
Commander, U.S. Coast Guard, Captain of the Port Duluth.
 [FR Doc. E6-9662 Filed 6-22-06; 8:45 am]
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