[Federal Register Volume 75, Number 86 (Wednesday, May 5, 2010)]
[Rules and Regulations]
[Pages 24402-24404]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-10498]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2010-0124]
RIN 1625-AA00


Safety Zone; St. Louis River, Tallas Island, Duluth, MN

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone around 
the Tallas Island area of the St. Louis River, Duluth, Minnesota. All 
vessels are prohibited from transiting the zone unless specifically 
authorized by the Captain of the Port or a designated representative. 
This temporary safety zone is necessary in order to ensure the safety 
of the general public from hazards associated with the dredging 
project.

DATES: Effective Date: this rule is effective in the CFR from May 5, 
2010 until 11:59 p.m. November 30, 2010. This rule is effective with 
actual notice for purposes of enforcement beginning 12:01 a.m. May 1, 
2010 through 11:59 p.m. November 30, 2010.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket USCG-2010-0124 and are available online 
by going to http://www.regulations.gov, inserting USCG-2010-0124 in the 
``Keyword'' box, and then clicking ``Search.'' They are also available 
for inspection or copying at the Docket Management Facility (M-30), 
U.S. Department of Transportation, West Building Ground Floor, Room 
W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this 
temporary rule, call or e-mail LT Aaron Gross, Chief of Port 
Operations, MSU Duluth, Coast Guard; telephone (218) 720-5286 Ext. 111, 
e-mail [email protected]. If you have questions on viewing the 
docket, call Renee V. Wright, Program Manager, Docket Operations, 
telephone 202-366-9826.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    The Coast Guard is issuing this temporary final rule without prior 
notice and opportunity to comment pursuant to authority under section 
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking (NPRM) 
with respect to this rule because the publishing of an NPRM would be 
impracticable and contrary to public interest as immediate action is 
necessary to provide for the safety of life and property on navigable 
waters. The Coast Guard will issue broadcast notice to mariners to 
advise vessel operators of navigational restrictions. On-scene Coast 
Guard and local law enforcement vessels will also provide actual notice 
to mariners.
    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 after 
publication in the Federal Register. Delaying the effective date would 
be contrary to public interest because the hazards associated with 
dredging projects could lead to severe injury, fatalities, and/or 
destruction of public property. Therefore, immediate action is needed 
to ensure the public's safety.

Basis and Purpose

    This temporary safety zone is necessary to ensure the safety of the 
general public from the potential threat associated with the dredging 
project beginning at Tallas Island, St. Louis River. The Captain of the 
Port Duluth has determined this activity could pose significant risk to 
public safety and property. Establishing a safety zone to control 
vessel movement around the location of the work site will help prevent 
damage and injury to workers on the site, any recreational vessels, the 
public and help minimize the associated risks.

[[Page 24403]]

Discussion of Rule

    The following area will be a temporary safety zone: Near Tallas 
Island on the St. Louis River to include all waters contained within 
the zone located at 46[deg]42.30 N 092[deg]11.56 W and then run 
northeast to position; 46[deg]42.53 N 092[deg]11.30 W and then run 
northwest to position; 46[deg]43.5 N 092[deg]11.41 W and then run 
southwest to position; 46[deg]42.37 N 092[deg]12.11 W and then running 
southeast back to the starting point (NAD 83). The safety zone's 
boundary is approximately 3500 ft. by 1500 ft. on the long end, 
extending behind Tallas Island, and 3000 ft by 1500 ft on the short 
end, extending into open waters. The safety zone will be effective from 
May 1, 2010 through November 30, 2010.
    All persons and vessels shall comply with the instructions of the 
Coast Guard Captain of the Port or the designated on-scene 
representative. Entry into, transiting, or anchoring within the safety 
zone will 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 on-scene representative may be contacted via VHF 
Channel 16.

Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    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.
    Although this regulation will restrict access to the area, the 
effect of this rule will not be significant because: (i) The safety 
zone is a limited size; (ii) vessels may be granted permission to 
transit the area by the Captain of the Port or a designated 
representative .

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: Owners or operators of vessels operating in the 
St. Louis River intending to transit through or anchor in the waters 
near Tallas Island during the effective period of the safety zone. This 
rule will not have a significant economic impact on the owners or 
operators of affected vessels because the rule is temporary in nature, 
lasting for only a few months. Also, it affects a relatively small area 
of water along the St. Louis River. Therefore, vessels can easily 
transit around the zone. In addition, the safety zone will not limit 
any residential or public access areas. Finally, small entities needing 
entry into the temporary safety zone might gain access via 
communications with the Captain of the Port or designated 
representative.

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 can 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). 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.

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 a 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 (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.

Taking of Private Property

    This rule will not cause 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 create 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

[[Page 24404]]

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 procedures; and related management 
systems 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 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 concluded 
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 is categorically excluded, under figure 2-1, paragraph (34)(g), of 
the Instruction. This rule involves the establishment of a safety zone 
established to protect the public from the dangers associated with 
dredging operations and therefore, is categorically excluded.
    An environmental analysis checklist and a 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, 3306, 
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Pub. 
L. 107-295, 116 Stat. 2064; Department of Homeland Security 
Delegation No. 0170.1


0
2. Add Sec.  165.T09-0124 to read as follows:


Sec.  165.T09-0124  Safety Zone; St. Louis River, Tallas Island, 
Duluth, MN

    (a) Location. The following area is a temporary safety zone: near 
Tallas Island on the St. Louis River to include all waters contained 
within the zone located at 46[deg]42.30 N 092[deg]11.56 W and then run 
northeast to position; 46[deg]42.53 N 092[deg]11.30 W and then run 
northwest to position; 46[deg]43.5 N 092[deg]11.41 W and then run 
southwest to position; 46[deg]42.37 N 092[deg]12.11 W and then running 
southeast back to the starting point (NAD 83). The safety zone's 
boundary is approximately 3500 ft. by 1500 ft. on the long end, 
extending behind Tallas Island, and 3000 ft by 1500 ft on the short 
end, extending into open waters.
    (b) Effective Dates. This rule is effective from 12:01 a.m. May 1, 
2010 until 11:59 p.m. November 30, 2010.
    (c) Regulations. (1) In accordance with the general regulations in 
section 165.23 of this part, entry into this zone is prohibited unless 
authorized by the Coast Guard 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 ``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 via VHF Channel 
16.
    (4) Vessel operators desiring to enter or operate within the safety 
zone shall contact the Captain of the Port Duluth or his on-scene 
representative to obtain permission to do so. Vessel operators 
permitted to enter or operate in the safety zone must comply with the 
instructions given to them by the Captain of the Port Duluth or his on-
scene representative.

    Dated: April 5, 2010.
M.P. Lebsack,
Commander, U.S. Coast Guard, Captain of the Port Duluth.
[FR Doc. 2010-10498 Filed 5-4-10; 8:45 am]
BILLING CODE 9110-04-P