[Federal Register Volume 78, Number 155 (Monday, August 12, 2013)]
[Rules and Regulations]
[Pages 48802-48805]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-19417]


=======================================================================
-----------------------------------------------------------------------

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: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard will establish 8 permanent safety zones for 
annually recurring marine events in the Coast Guard Captain of the Port 
(COTP) Duluth zone. These safety zones 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: This rule is effective September 11, 2013.

ADDRESSES: Documents mentioned in this preamble are part of docket 
[USCG-2013-0214]. 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.

[[Page 48803]]


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. Regulatory History and Information

    To this end, on May 31, 2013, the Coast Guard published an NPRM in 
the Federal Register (78 FR 12887). The NPRM proposed to establish 
permanent safety zones for annually recurring events in the Captain of 
the Port Duluth Zone. The NPRM was open for public comment for 30 days. 
At close of the comment period, the Coast Guard had not received any 
comments on the proposed rulemaking.

B. Basis and Purpose

    The purpose of this rule is to establish necessary safety zones for 
recurring events. This rule is being codified 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; Pub. L. 107-295, 116 Stat. 2064; 
Department of Homeland Security Delegation No. 0170.1.

C. Discussion of the Final Rule

    This rule establishes 8 new safety zones in 33 CFR Part 165 for 
annual marine events in the COTP Duluth 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 
around the location of these events, the safety zones are needed to 
protect both spectators and participants from the hazards associated 
with the event. During enforcement of 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 his designated representative. The Coast Guard may be 
assisted by other federal, state, and local agencies in the enforcement 
of these safety zones.
    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 of a Notice of Enforcement in the Federal 
Register, Local Notice to Mariners, and Broadcast Notice to Mariners.

D. Regulatory Analyses

    We developed this 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 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.
    We conclude that this rule is not a significant regulatory action 
because we anticipate that it will not adversely affect 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. These safety zones will only remain effective 
and thus subject to enforcement for brief durations annually. 
Additionally, the Coast Guard will give advance notice of the 
enforcement of these safety zones through means, including Broadcast 
Notice to Mariners and Local Notice to Mariners.

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 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 would affect the following entities, some of 
which might be small entities: the owners or operators of vessels 
intending to transit or anchor in the location of the safety zones 
established by this rule during the enforcement periods.
    The regulated areas will not have a significant economic impact on 
a substantial number of small entities for the following reasons: the 
regulated areas will be of limited size and of short duration; vessels 
may safely navigate in all portions around these waterways except for 
the areas designated as regulated areas. Additionally, before the 
effective period, the Coast Guard will provide advance notice of 
enforcement, including 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 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.

[[Page 48804]]

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 
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 safety zones and 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.

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.  165.943 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 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]43'23.52'' N 092[deg]03'45.19'' W.
    (ii) Enforcement date and time. This event historically occurs in 
late August. The Captain of the Port 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]46'19.00'' N, 
092[deg]06'11.00'' W.
    (ii) Enforcement date and time. This event historically occurs 
during the 4th of July week. The Captain of the Port 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 the area bounded by a circle with a 300-foot radius surrounding the 
fireworks launch site with its center in position 46[deg]51'35.00'' N, 
091[deg]06'10.00'' W.
    (ii) Enforcement date and time. This event historically occurs the 
week before, after or during 4th of July week. The Captain of the Port 
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]46'40.10'' N, 090[deg]47'22.00'' W.

[[Page 48805]]

    (ii) Enforcement date and time. This event historically occurs 
during the 4th of July week. The Captain of the Port 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 the 
Lake Superior bounded by the arc of a circle with a 600-foot diameter 
from the fireworks launch site with its center in position 
46[deg]35'50.37'' N, 090[deg]52'59.82'' W.
    (ii) Enforcement date and time. This event historically occurs 
during the 4th of July week. The Captain of the Port 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]46'44.90'' 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]49'03.23'' 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 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]46'36.12'' N 092[deg]06'06.99'' W, running southeast to 
46[deg]46'32.75'' N 092[deg]06'01.74'' W, running northeast to 
46[deg]46'45.92'' N 092[deg]05'45.18'' W, running northwest to 
46[deg]46'49.47'' N 092[deg]05'49.35'' 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 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 
Sec.  165.23 of this part, entry into, transiting, or anchoring in this 
safety zone is prohibited unless authorized by the Captain of the Port 
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 Duluth, or the designated on-
scene representative.
    (3) The ``on-scene representative'' of the Captain of the Port 
Duluth, is any Coast Guard commissioned, warrant, or petty officer who 
has been designated to act on behalf of the Captain of the Port Duluth. 
The on-scene representative of the Captain of the Port Duluth will be 
aboard either a Coast Guard or Coast Guard Auxiliary vessel. The 
Captain of the Port 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 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 Duluth, or 
the on-scene representative.

    Dated: July 24, 2013.
A.H. Moore Jr.,
Commander, U.S. Coast Guard, Captain of the Port Duluth.
[FR Doc. 2013-19417 Filed 8-9-13; 8:45 am]
BILLING CODE 9110-04-P