[Federal Register Volume 77, Number 148 (Wednesday, August 1, 2012)]
[Rules and Regulations]
[Pages 45490-45492]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-18717]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2012-0491]
RIN 1625-AA00


Safety Zone, Barrel Recovery, 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 
surrounding Tug Champion (O.N. 55 6Z93)/Barge Kokosing (O.N. 1144055) 
while they conduct recovery and testing of barrels suspected to contain 
munitions waste materials which were dumped in the 1960's in a portion 
of Lake Superior approximately between Stoney Point and Brighton Beach, 
Duluth, MN. This safety zone is precautionary to protect recreational 
vessels and marine traffic from any unknown hazards as well as provide 
a safe work zone for contractor operations.

DATES: This rule will be effective from July 30, 2012 to August 20, 
2012.

ADDRESSES: Documents mentioned in this preamble are part of docket 
[USCG-2012-0491]. 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 Lieutenant Judson Coleman, Chief of Waterways Management, 
U.S. Coast Guard Marine Safety Unit Duluth; telephone number (218) 720-
5286, extension 111, 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 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 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 both impracticable and contrary to the public interest because it 
would inhibit the Coast Guard's ability to protect vessels from the 
hazards associated with recovery of possible munitions waste, 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 a 30 day notice period to run 
would also be impracticable and contrary to the public interest.

B. Basis and Purpose

    From July 30, 2012 to August 20, 2012, the Tug Champion (O.N. 55 
6Z93)/Barge Kokosing (O.N. 1144055) will recover and test barrels 
suspected to contain munitions waste materials dumped offshore in a 
portion of Lake Superior approximately 50 years ago.

C. Discussion of the Final Rule

    The following area is a temporary safety zone: All waters within a 
700 foot radius of the Tug Champion (O.N. 55 6Z93)/Barge Kokosing (O.N. 
1144055)as it conducts recovery and testing of barrels suspected of 
containing munitions waste materials in the area between Stoney Point 
and Brighton Beach, up to approximately 4 miles offshore on Lake 
Superior, Duluth, MN. This safety zone will be in effect and enforced 
24 hours a day from on or around July 30, 2012 to August 20, 2012.
    This rule is deemed necessary in order to protect vessels 
transiting Lake Superior in close proximity to the Tug Champion (O.N. 
55 6Z93)/Barge Kokosing (O.N. 1144055) from exposure to possible 
unknown hazards as it conducts recovery and testing of barrels 
containing munitions parts and product line debris. This zone does not 
have specific coordinates because the Tug Champion (O.N. 55 6Z93)/Barge 
Kokosing (O.N. 1144055)will be recovering barrels in several locations 
over the course of the effective period and a safety zone encompassing 
the entire recovery area would have a negative impact on recreational 
vessel traffic.

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

[[Page 45491]]

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. This rule will have minimal impact on 
economic interests due to the safety zone being outside commercial 
shipping lanes, having little impact on recreational vessel traffic and 
being in effect for a limited period of time.

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.
    (1) This rule would affect the following entities, some of which 
might be small entities: the owners or operators of recreational 
vessels intending to transit or anchor in a portion of Lake Superior 
between Stoney Point and Brighton Beach from July 20, 2012 to August 
30, 2012.
    (2) This safety zone would not have a significant economic impact 
on a substantial number of small entities for the following reasons. 
This safety zone would be activated, and thus subject to enforcement, 
in areas where vessel traffic is low and not subject to commercial 
traffic. Recreational vessel traffic could pass safely around the 
safety zone due to its relatively small size. This safety zone will be 
announced in the Local Notice to Mariners and via Broadcast Notice to 
Mariners before activation of the zone and throughout the enforcement 
period.

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 
section, 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 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 
INFORMATION CONTACT section so that the Coast Guard may consider the 
degree to which it may accommodate such activities while also providing 
for the safety and security of people, places and 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 surrounding 
Tug Champion (O.N. 55 6Z93)/Barge Kokosing (O.N. 1144055) as it 
conducts recovery and testing of barrels containing munitions parts and 
product line debris. 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

[[Page 45492]]

to the discovery of a significant environmental impact from this rule.

List of Subjects in 33 CFR Part 165

    Harbor, 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.

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
2. Add Sec.  165.T09-0491 to read as follows:


Sec.  165.T09-0491  Safety zone; Barrel recover, Lake Superior, Duluth, 
MN.

    (a) Location. The following area is a temporary safety zone: All 
waters of Lake Superior within a 700 foot radius of a Tug Champion 
(O.N. 55 6Z93)/Barge Kokosing (O.N. 1144055), including but not limited 
to up to four miles offshore from approximately Brighton Beach to 
Stoney Point on Lake Superior, Duluth, MN.
    (b) Effective and enforcement period. This rule will be in effect 
and enforced 24 hours a day on or around July 30, 2012 to August 20, 
2012.
    (c) Regulations. (1) In accordance with the general regulations in 
section 165.23, 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/her designated representative.
    (2) This safety zone is closed to all vessel traffic.

    Dated: July 19, 2012.
K.R. Bryan,
Commander, U.S. Coast Guard, Captain of the Port, Marine Safety Unit 
Duluth.
[FR Doc. 2012-18717 Filed 7-31-12; 8:45 am]
BILLING CODE 9110-04-P