[Federal Register Volume 71, Number 218 (Monday, November 13, 2006)]
[Rules and Regulations]
[Pages 66110-66112]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-19105]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[CGD09-06-122]
RIN 1625-AA00


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

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is establishing a 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 will be 
prohibited unless authorized by the Captain of the Port or his duly 
appointed representative.

DATES: This rule is effective 8 a.m. (CST) on November 30, 2006.

ADDRESSES: Comments and material received from the public are part of 
the docket [CGD09-06-122] 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: LCDR Scott Stoermer, U.S. Coast Guard 
Marine Safety Unit Duluth, at (218) 720-5286, ext. 111.

SUPPLEMENTARY INFORMATION:

Background and Purpose

    On June 23, 2006, the Captain of the Port Duluth issued a Temporary 
Final Rule (71 FR 36012, CGD9-06-031, 33 CFR 165.T09-031) establishing 
a safety zone in Stryker Bay and Hallett Slips 6 & 7, which expires on 
November 30, 2006. Additionally, the Captain of the Port Duluth 
published a NPRM to make the safety zone permanent (71 FR 44250, CGD9-
06-122, 33 CFR 165.927). The Coast Guard, through this action, intends 
to continue 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. The Coast Guard intends to cancel this safety zone upon 
completion of the remediation which is currently anticipated to last 
for three years.

Discussion of Rule

    The Coast Guard is establishing this safety zone to ensure the 
safety of boaters transiting this portion of the St. Louis River. The 
safety zone is identical to the current safety zone established by the 
temporary final rule discussed above.
    The safety zone would 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 [NAD 83].
    The safety zone requires that all persons and vessels 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 would be prohibited unless authorized by the Captain of 
the Port Duluth or his designated on-scene representative. The Captain 
of the Port or his designated 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 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

[[Page 66111]]

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.
    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 (Pub. L. 104-121), we offer to assist small 
entities in understanding the rule so that they could better evaluate 
its effects on them and participate in the rulemaking process. 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 MSU Duluth (see ADDRESSES).

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 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 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 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'' is available in the 
docket where indicated under ADDRESSES. Comments on this section will 
be considered before we make the final decision on whether the rule 
should be categorically excluded from further environmental review.

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:


[[Page 66112]]


    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, and 160.5; Pub. 
L. 107-295, 116 Stat. 2064; Department of Homeland Security 
Delegation No. 0170.1.


0
2. A new Sec.  165.927 is added to read as follows:


Sec.  165.927  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: 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) 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 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 on-scene representative.

    Dated: October 23, 2006.
G.T. Croot,
Commander, U.S. Coast Guard, Captain of the Port Duluth.
 [FR Doc. E6-19105 Filed 11-9-06; 8:45 am]
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