[Federal Register Volume 78, Number 105 (Friday, May 31, 2013)]
[Proposed Rules]
[Pages 32608-32612]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-12887]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2013-0214]
RIN 1625-AA00


Safety Zones; Recurring Events in Captain of the Port Duluth Zone

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish permanent safety zones 
for annually recurring marine events in the Coast Guard Marine Safety 
Unit Duluth Captain of the Port (COTP) Zone. The safety zones in this 
proposed rule are needed to protect both spectators and participants 
from the hazards associated with the events. During the enforcement 
period of the safety zones, persons and vessels are prohibited from 
entering, transitioning through, remaining, anchoring or mooring within 
the zone unless specifically authorized by the COTP or designated 
representative.

DATES: Comments and related material must be received by the Coast 
Guard on or before July 1, 2013.

ADDRESSES: You may submit comments identified by docket number USCG-
2013-0214 using any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax: 202-493-2251.
    (3) Mail or Delivery: Docket Management Facility (M-30), U.S. 
Department of Transportation, West Building Ground Floor, Room W12-140, 
1200 New Jersey Avenue SE., Washington, DC 20590-0001. Deliveries

[[Page 32609]]

accepted between 9 a.m. and 5 p.m., Monday through Friday, except 
federal holidays. The telephone number is 202-366-9329.
    See the ``Public Participation and Request for Comments'' portion 
of the SUPPLEMENTARY INFORMATION section below for further instructions 
on submitting comments. To avoid duplication, please use only one of 
these three methods.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Lieutenant Judson Coleman, Chief of Waterways Management 
Marine Safety Unit Duluth, U.S. Coast Guard; telephone (218) 720-5286, 
Extension 111 or by email [email protected]. If you have 
questions on viewing or submitting material to the docket, call Barbara 
Hairston, 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. Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related materials. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided.

1. Submitting Comments

    If you submit a comment, please include the docket number for this 
rulemaking (USCG-2013-0214), indicate the specific section of this 
document to which each comment applies, and provide a reason for each 
suggestion or recommendation. You may submit your comments and material 
online (via http://www.regulations.gov), or by fax, mail, or hand 
delivery, but please use only one of these means. If you submit a 
comment online via www.regulations.gov, it will be considered received 
by the Coast Guard when you successfully transmit the comment. If you 
fax, hand deliver, or mail your comment, it will be considered as 
having been received by the Coast Guard when it is received at the 
Docket Management Facility. We recommend that you include your name and 
a mailing address, an email address, or a telephone number in the body 
of your document so that we can contact you if we have questions 
regarding your submission.
    To submit your comment online, go to http://www.regulations.gov, 
type the docket number [USCG-2013-0214] In the ``SEARCH'' box and click 
``SEARCH.'' Click on ``Submit a Comment'' on the line associated with 
this rulemaking.
    If you submit your comments by mail or hand delivery, submit them 
in an unbound format, no larger than 8[frac12] by 11 inches, suitable 
for copying and electronic filing. If you submit comments by mail and 
would like to know that they reached the Facility, please enclose a 
stamped, self-addressed postcard or envelope. We will consider all 
comments and material received during the comment period and may change 
the rule based on your comments.

2. Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to http://www.regulations.gov, 
type the docket number (USCG-2013-0214) in the ``SEARCH'' box and click 
``Search.'' Click the ``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.

3. Privacy Act

    Anyone can search the electronic form of comments received into any 
of our dockets by the name of the individual submitting the comment (or 
signing the comment, if submitted on behalf of an association, 
business, labor union, etc.). You may review a Privacy Act notice 
regarding our public dockets in the January 17, 2008, issue of the 
Federal Register (73 FR 3316).

4. Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for one, using one of the methods specified under ADDRESSES. 
Please explain why you believe a public meeting would be beneficial. If 
we determine that one would aid this rulemaking, we will hold one at a 
time and place announced by a later notice in the Federal Register.

B. Basis and Purpose

    The purpose of this proposed rule is to establish necessary safety 
zones for recurring events. This rule is being proposed in order to 
safeguard against the hazards associated with annual marine events 
taking place in the Duluth Captain of the Port Zone.
    The legal basis for the rule is the Coast Guard's authority to 
establish regulated navigation areas and other limited access areas: 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, 160.5; Public Law 107-295, 116 Stat. 2064; 
Department of Homeland Security Delegation No. 0170.1.

C. Discussion of Proposed Rule

    This rule proposes to establish 8 new safety zones in 33 CFR Part 
165 for annual marine events in the Marine Safety Unit Duluth Captain 
of the Port (COTP) Zone. These events include fireworks displays for 
the 4th of July holiday, specifically the Duluth fourth festival, 
Cornucopia fireworks, Ashland fireworks and the Madeline Island 
fireworks, and other historically recurring marine events, including 
the Lake Superior Dragon Boat Festival (LSDBF), The Superior Man 
Triathlon, and the Point to LaPointe swim.
    As large numbers of spectator vessels are expected to congregate in 
the location of these events, the safety zones in this proposed rule 
are needed to protect both spectators and participants from the hazards 
associated with the events. During the enforcement period of the safety 
zones, persons and vessels are prohibited from entering, transitioning 
through, remaining, anchoring or mooring within the zone unless 
specifically authorized by the COTP or designated representative. The 
Coast Guard may be assisted by other federal, state and local agencies 
in the enforcement of these regulations.
    Certain safety zones are listed without known dates or times. The 
Coast Guard will give notice of the enforcement of these safety zones 
by all appropriate means to the effected segments of the public, 
including publication in the Federal Register as practicable, in 
accordance with 33 CFR 165.7(a). Such means of notification may also 
include, but are not limited to Broadcast Notice to Mariners and Local 
Notice to Mariners.

D. Regulatory Analyses

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

1. Regulatory Planning and Review

    This proposed rule is not a significant regulatory action under 
section 3(f) of Executive Order 12866, Regulatory Planning and Review, 
and does not

[[Page 32610]]

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 deemed ``significant'' under 
the regulatory policies and procedures of the Department of Homeland 
Security (DHS). We conclude that this proposed rule 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. Overall, we expect 
the economic impact of this proposed rule to be minimal and that a full 
Regulatory Evaluation is not necessary.

2. Small Entities

    Under The Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered the impact of this proposed rule on small entities. The 
Coast Guard certifies under 5 U.S.C. 605(b) that this proposed rule 
would not have a significant economic impact on a substantial number of 
small entities. This proposed rule will affect the following entities, 
some of which might be small entities: the owners or operators of 
vessels intending to transit or anchor in the safety zones during the 
enforcement periods.
    This proposed safety zone will not have a significant economic 
impact on a substantial number of small entities for the following 
reasons: the safety zones will be of limited size and of short 
duration; vessels that can safely do so may navigate in all other 
portions of the waterway except for the areas designated as safety 
zones; and these safety zones have been promulgated in the past with 
zero public comments submitted. Additionally, before the enforcement 
period, the Coast Guard will issue notice of the time and location of 
each safety zone through a Local Notice to Mariners and Broadcast 
Notice to Mariners.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.

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 proposed rule so that they can better 
evaluate its effects on them and participate in the rulemaking. 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. The Coast Guard will not retaliate 
against small entities that question or complain about this proposed 
rule or any policy or action of the Coast Guard.

4. Collection of Information

    This proposed rule would call for no 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 State or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. We have analyzed this proposed rule 
under that Order and have determined that it 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 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 proposed rule would not 
result in such expenditure, we do discuss the effects of this rule 
elsewhere in this preamble.

8. Taking of Private Property

    This proposed rule would 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 proposed 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 proposed rule under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety 
Risks. This rule is not an economically significant rule and would not 
create an environmental risk to health or risk to safety that might 
disproportionately affect children.

11. Indian Tribal Governments

    This proposed rule does not have tribal implications under 
Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it would 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

    We have analyzed this proposed 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.

13. 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

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

14. Environment

    We have analyzed this proposed 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 
made a preliminary determination that this action is one of a category 
of actions that do not individually or cumulatively have a significant 
effect on the human environment. A preliminary environmental analysis 
checklist supporting this determination is available in the docket 
where indicated under ADDRESSES. This proposed rule involves the 
establishment of a safety zone and is therefore categorically excluded 
under figure 2-1, paragraph 34(g) of the Instruction. We seek any 
comments or information that may lead to the discovery of a significant 
environmental impact from this proposed rule.

List of Subjects in 33 CFR Part 165

    Harbors, Marine Safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measure, Waterways.

    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 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.  165.943 to read as follows:


Sec.  165.943  Annual events requiring safety zones in the Captain of 
the Port Duluth zone.

    (a) Safety Zones. The following areas are designated safety zones:
    (1) Bridgefest Regatta Fireworks; Houghton, MI.
    (i) Location. All waters of the Keweenaw Waterway bounded by the 
arc of a circle with a 300-foot radius from the fireworks launch site 
with its center in position 47[deg]07'28.35'' N, 088[deg]35'01.78'' W.
    (ii) Enforcement date and time. This event historically occurs in 
mid June. The Captain of the Port, Marine Safety Unit Duluth, will 
establish enforcement dates that will be announced with a Notice of 
Enforcement and marine information broadcast.
    (2) Lake Superior Dragon Boat Festival Fireworks; Superior, WI.
    (i) Location. All waters of Superior Bay, WI within a 150-foot 
radius with its center at 46[deg]43'23.5164'' N, 092[deg]03'45.1944'' 
W.
    (ii) Enforcement date and time. This event historically occurs in 
late August. The Captain of the Port, Marine Safety Unit Duluth, will 
establish enforcement dates that will be announced with a Notice of 
Enforcement and marine information broadcast.
    (3) Duluth Fourth Fest Fireworks; Duluth, MN.
    (i) Location. All U.S. navigable waters of the Duluth Harbor Basin 
Northern Section within a 900-foot radius of position 46[deg]46'19'' N, 
092[deg]06'11'' W.
    (ii) Enforcement date and time. This event historically occurs on 
or around the 4th of July week. The Captain of the Port, Marine Safety 
Unit Duluth, will establish enforcement dates that will be announced 
with a Notice of Enforcement and marine information broadcast.
    (4) Cornucopia Fireworks; Cornucopia, WI.
    (i) Location. All waters of Siskiwit Bay bounded by a circle with a 
300-foot radius surrounding the fireworks launch site with its center 
in position 46[deg]51'35'' N, 091[deg]06'10'' W.
    (ii) Enforcement date and time. This event historically occurs on 
or around the 4th of July week. The Captain of the Port, Marine Safety 
Unit Duluth, will establish enforcement dates that will be announced 
with a Notice of Enforcement and marine information broadcast.
    (5) LaPointe Fireworks; LaPointe, WI.
    (i) Location. All waters of Lake Superior bounded by the arc of a 
circle with a 375-foot radius from the fireworks launch site with its 
center in position 46[deg]46'40.1'' N, 090[deg]47'22'' W.
    (ii) Enforcement date and time. This event historically occurs on 
or around the 4th of July week. The Captain of the Port, Marine Safety 
Unit Duluth, will establish enforcement dates that will be announced 
with a Notice of Enforcement and marine information broadcast.
    (6) Ashland Fireworks; Ashland, WI.
    (i) Location. All waters of Chequamegon Bay bounded by the arc of a 
circle with a 600-foot diameter from the fireworks launch site with its 
center in position 46[deg]35.50' N, 090[deg]53.0' W.
    (ii) Enforcement date and time. This event historically occurs on 
or around the 4th of July week. The Captain of the Port, Marine Safety 
Unit Duluth, will establish enforcement dates that will be announced 
with a Notice of Enforcement and marine information broadcast.
    (7) Point to LaPointe Swim; LaPointe, WI.
    (i) Location. All waters between Bayfield, WI and Madeline Island, 
WI within an imaginary line created by the following coordinates: 
46[deg]48'50.97'' N, 090[deg]48'44.28'' W, moving southeast to 
46[deg]46'44.9'' N, 090[deg]47'33.21'' W, then moving northeast to 
46[deg]46'52.51'' N 090[deg]47'17.14'' W, then moving northwest to 
46[deg]49'3.23'' N, 090[deg]48'25.12'' W and finally running back to 
the starting point.
    (ii) Enforcement date and time. This event historically occurs in 
early August. The Captain of the Port, Marine Safety Unit Duluth, will 
establish enforcement dates that will be announced with a Notice of 
Enforcement and marine information broadcast.
    (8) Superior Man Triathlon; Superior, WI.
    (i) Location. All waters of the Duluth Harbor Basin, Northern 
Section, including the Duluth Entry encompassed in an imaginary line 
beginning at point 46[deg]46'36.1236'' N, 092[deg]06'06.987'' W, 
running southeast to 46[deg]46'32.7534'' N, 092[deg]06'01.7382'' W, 
running northeast to 46[deg]46'45.9228'' N, 092[deg]05'45.1818'' W, 
running northwest to 46[deg]46'49.4718'' N, 092[deg]05'49.349'' W and 
finally running southwest back to the starting point.
    (ii) Enforcement date and time. This event historically occurs in 
late August. The Captain of the Port, Marine Safety Unit Duluth, will 
establish enforcement dates that will be announced with a Notice of 
Enforcement and marine information broadcast.
    (b) Regulations.
    (1) In accordance with the general regulations in section 165.23 of 
this part, entry into, transiting, or anchoring in this safety zone is 
prohibited unless authorized by the Captain of the Port, Marine Safety 
Unit Duluth, or the designated on-scene representative.
    (2) This safety zone is closed to all vessel traffic except as 
authorized by the Captain of the Port, Marine Safety Unit Duluth, or 
the designated on-scene representative.
    (3) The ``on-scene representative'' of the Captain of the Port, 
Marine Safety Unit Duluth, is any Coast Guard commissioned, warrant, or 
petty officer who has been designated to act on behalf of the Captain 
of the Port, Marine Safety Unit Duluth. The on-scene representative of 
the Captain of the Port,

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Marine Safety Unit Duluth, will be aboard either a Coast Guard or Coast 
Guard Auxiliary vessel. The Captain of the Port, Marine Safety Unit 
Duluth, or the 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 the designated on-scene representative to obtain permission to do 
so. Vessel operators given authorization 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 the on-scene 
representative.

    Dated: April 25, 2013.
K.R.Bryan,
Commander, U.S. Coast Guard, Captain of the Port, Marine Safety Unit 
Duluth.
[FR Doc. 2013-12887 Filed 5-30-13; 8:45 am]
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