[Federal Register Volume 77, Number 158 (Wednesday, August 15, 2012)]
[Rules and Regulations]
[Pages 48856-48858]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-20004]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2012-0729]
RIN 1625-AA00


Safety Zone; Superior Bay, Duluth, MN

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone 
encompassing a portion of the Duluth Harbor Basin, Northern Section, 
including the Duluth Entry. This safety zone is intended to help 
protect participants, event safety personnel, boaters and spectators 
during the Superior Man Triathlon.

DATES: This rule is effective from 6 a.m. to 8:30 a.m. on August 26, 
2012.

ADDRESSES: Documents mentioned in this preamble are part of docket 
[USCG-2012-0729]. 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 A Coleman, Marine Safety Unit Duluth 
U.S. Coast Guard; telephone (218) 720-5286 ext 111, email 
[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.

[[Page 48857]]


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 doing so would be impracticable and 
contrary to the public interest. 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 participants, 
spectators, and vessels from the hazards associated with the Superior 
Man Triathlon, 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 be 
impracticable and contrary to the public interest.

B. Basis and Purpose

    On August 26, 2012, the inaugural Superior Man Triathlon will occur 
along the Bay of Lake Superior. The 1.2 mile swim leg of the triathlon 
will travel from the Vista Fleet to the Bayfront Festival Park. The 
Captain of the Port Duluth has determined that the swim leg of the 
triathlon poses a danger to the boating public. Thus, pursuant to the 
authority in 33 U.S.C. 1231 and 33 CFR 1.05-1(f), the Captain of the 
Port Duluth is establishing a temporary safety zone to protect 
participants, event safety personnel, boaters, and spectators during 
the Superior Man Triathlon.

C. Discussion of the Final Rule

    For the reasons stated in the preceding paragraph, the Captain of 
the Port is establishing a temporary safety zone. This temporary safety 
zone will encompass all waters of Superior Bay, including the Duluth 
Entry encompassed in an imaginary line beginning at point 46 
46'36.1236'' N 092 06'06.987'' W, running southeast to 46 46'32.7534'' 
N 092 06'01.7382'' W, running northeast to 46 46'45.9228'' N 092 
05'45.1818'' W, running northwest to 46 46'49.4718'' N 092 05'49.349'' 
W and finally running southwest to the original point.
    This safety zone will be in effect and enforced on August 26, 2012 
from 6 a.m. to 8:30 a.m.

D. 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.

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. This safety is not a 
significant regulatory action because we anticipate that 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 legal or policy issues. The safety zone 
created by this rule will be relatively small, will be enforced for 
only two and a half hours, and is expected to have no impact on 
commercial vessel traffic.

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 vessels intending 
to transit or anchor in a portion of the Duluth Harbor Basin, Northern 
Section from 6 a.m. to 8:30 a.m. on August 26, 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 will be in effect, and thus subject to enforcement, 
for only two and a half hours early in the day. Vessel traffic may be 
allowed to pass through the zone with the permission of the Captain of 
the Port. Before the enforcement of the zone, the Coast Guard intends 
on issuing local Broadcast Notice to Mariners so that mariners can plan 
accordingly.

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. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires

[[Page 48858]]

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.

7. 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.

8. 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.

9. 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.

10. 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.

11. 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.

12. Technical Standards

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

13. 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 establishment of a safety zone, and, 
therefore, it 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, Security measure, 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.T09-0729 to read as follows:


Sec.  165.T09-0729  Safety Zone; Superior Bay, Duluth, MN.

    (a) Location. The following area is a temporary safety zone: All 
waters of the Duluth Harbor Basin, Northern Section, including the 
Duluth Entry encompassed in an imaginary line beginning at point 46 
46'36.1236'' N 092 06'06.987'' W, running southeast to 46 46'32.7534'' 
N 092 06'01.7382'' W, running northeast to 46 46'45.9228'' N 092 
05'45.1818'' W, running northwest to 46 46'49.4718'' N 092 05'49.349'' 
W and finally running southwest to the original point.
    (b) Effective and Enforcement Period. This rule will be effective 
and enforced from 6 a.m. to 8:30 a.m. on August 26, 2012.
    (c) Regulations. (1) In accordance with the general regulations in 
Sec.  165.23, 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 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 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 will be aboard either a Coast Guard or Coast Guard 
auxiliary vessel. The Captain of the Port 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 request permission to do so. Vessel 
operators must comply with all directions given to them by the Captain 
of the Port, Marine Safety Unit Duluth or his on-scene representative.

    Dated: July 27, 2012.
K.R. Bryan,
Commander, U.S. Coast Guard, Captain of the Port Marine Safety Unit 
Duluth.
[FR Doc. 2012-20004 Filed 8-14-12; 8:45 am]
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