[Federal Register Volume 77, Number 116 (Friday, June 15, 2012)]
[Rules and Regulations]
[Pages 35857-35859]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-14641]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2012-0483]
RIN 1625-AA00


Safety Zone, Fireworks Display, Lake Superior; 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 
Lake Superior near Duluth, MN on July 4, 2012. This zone is intended to 
restrict vessels from a portion of the Duluth area of Lake Superior 
during the Duluth Fourth Fest fireworks display. This temporary safety 
zone is necessary to protect spectators and vessels from the hazards 
associated with fireworks displays.

DATES: This rule is effective from 7 p.m. to 11 p.m. on July 4, 2012

ADDRESSES: Documents mentioned in this preamble are part of docket 
USCG-

[[Page 35858]]

2012-0483. To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type the 
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rulemaking. You may also 
visit the Docket Management Facility in Room W12-140 on the ground 
floor of the Department of Transportation West Building, 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 rule, 
call or email Lt. Judson Coleman at 218-720-5286 ext. 111 or by email 
at [email protected]. If you have questions on viewing or 
submitting material to the docket, call Renee V. Wright, Program 
Manager, Docket Operations, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

A. Regulatory History and Information

    The Coast Guard is issuing this 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 doing so would be impracticable. The 
final details for this event were not known to the Coast Guard until 
there was insufficient time remaining before the event to publish an 
NPRM. Thus, delaying the effective date of this rule to wait for a 
comment period to run would be because it would inhibit the Coast 
Guard's ability to protect spectators and vessels from the hazards 
associated with fireworks displays, which are discussed further below.
    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. For the same reasons discussed in 
the preceding paragraph, waiting for 30 day notice period run would 
also be impracticable.

B. Basis and Purpose

    Between 7 p.m. and 11 p.m. on July 4, 2012, a fireworks display 
will occur in the vicinity of Duluth Harbor in Duluth, MN. Based on 
accidents that have occurred in other Captain of the Port zones and the 
explosive hazards of fireworks, the Captain of the Port Duluth has 
determined that fireworks launches proximate to watercraft pose a 
significant risk to public safety and property. The likely combination 
of large numbers of recreational vessels, congested waterways, darkness 
punctuated by bright flashes of light, alcohol use, and debris falling 
into the water could easily result in serious injuries or fatalities. 
Establishing a safety zone to control vessel movement around the 
location of the launch platform will help ensure the safety of persons 
and property at these events and help minimize the associated risks.

C. Discussion of the Final Rule

    A temporary safety zone is necessary to ensure the safety of 
spectators and vessels during the setup, loading and launching of a 
fireworks display in conjunction with the Duluth Fourth Fest fireworks 
display. The fireworks display will occur between 7 p.m. and 11 p.m. on 
July 4, 2012.
    The safety zone for the fireworks will encompass all U.S. navigable 
waters of the Duluth Harbor Basin Northern Section within a 600 foot 
radius of position 46[deg]46'47'' N., 092[deg]06'10'' W.; at Duluth, 
MN. (DATUM: NAD 83).
    All persons and vessels shall comply with the instructions of the 
Coast Guard Captain of the Port or the on-scene representative. Entry 
into, transiting, or anchoring within the safety zone is prohibited 
unless authorized by the Captain of the Port, Marine Safety Unit Duluth 
or his on-scene representative. The Captain of the Port or his on-scene 
representative may be contacted via VHF Channel 16.

D. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on 14 of these statutes or executive orders.

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f) 
of Executive Order 12866, Regulatory Planning and Review, as 
supplemented by Executive Order 13563, Improving Regulation and 
Regulatory Review, and does not require an assessment of potential 
costs and benefits under section 6(a)(3) of Executive Order 12866 or 
under section 1 of Executive Order 13563. The Office of Management and 
Budget has not reviewed it under those Orders. It is not 
``significant'' under the regulatory policies and procedures of the 
Department of Homeland Security (DHS). We conclude that this rule is 
not a significant regulatory action because we anticipate that during 
the short time this zone will be in effect, it will have minimal impact 
on the economy, will not interfere with other agencies, will not 
adversely alter the budget of any grant or loan recipients, and will 
not raise any novel or legal policy issue.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as 
amended, requires federal agencies to consider the potential impact of 
regulations on small entities during 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.
    This rule will be in effect for only a few hours on a single night. 
Also, vessel traffic can safely pass outside the safety zone during the 
event. Additionally, vessels may request permission from the Captain of 
the Port Duluth to transit through the safety zone.

3. Assistance for Small Entities

    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, 
above.
    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.

4. Collection of Information

    This rule will not call for a new collection of information under 
the

[[Page 35859]]

Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

5. Federalism

    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 determined 
that this rule does not have implications for federalism.

6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INTFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places or vessels.

7. 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.

8. 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.

9. 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.

10. 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.

11. 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.

12. Energy Effects

    This action is not a ``significant energy action'' under Executive 
Order 13211, Actions Concerning Regulations That Significantly Affect 
Energy Supply, Distribution, or Use.

13. Technical Standards

    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

14. 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. This rule involves establishing a safety zone. This rule 
is categorically excluded from further review under paragraph 34(g) of 
Figure 2-1 of the Commandant Instruction. An environmental analysis 
checklist supporting this determination and a Categorical Exclusion 
Determination are 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.

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


0
2. Add Sec.  165.T10-0483 to read as follows:


Sec.  165.T10-0483  Safety zone; Fireworks display, Lake Superior, 
Duluth, MN.

    (a) Location. The following area is a temporary safety zone: All 
waters of Duluth harbor, Duluth, MN, within a 600 foot radius of 
position 46[deg]46'47'' N, 092[deg]06'10'' W.; at Duluth, MN (DATUM: 
NAD 83).
    (b) Effective and enforcement period. This regulation is effective 
and will be enforced from 7 p.m. to 11 p.m. on July 4, 2012. The 
Captain of the Port, Marine Safety Unit Duluth, or his on-scene 
representative may suspend enforcement of the safety zones at any time.
    (c) Regulations. (1) In accordance with the general regulations in 
section 165.23 of this part, entry into, transiting, or anchoring 
within this safety zone is prohibited unless authorized by the Captain 
of the Port, Marine Safety Unit 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, Marine Safety Unit 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, Marine Safety Unit Duluth 
or his on-scene representative to obtain permission to do so. 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, 
Marine Safety Unit Duluth or his on-scene representative.

    Dated: May 21, 2012.
K.R. Bryan,
Commander, U.S. Coast Guard, Captain of the Port Duluth.
[FR Doc. 2012-14641 Filed 6-14-12; 8:45 am]
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