[Federal Register Volume 80, Number 109 (Monday, June 8, 2015)]
[Proposed Rules]
[Pages 32321-32324]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-13932]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR PART 165

[Docket No. USCG-2015-0215]
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 amend its safety zones regulations 
for annual events in the Captain of the Port Duluth Zone. This proposed 
rule would update the locations for two safety zones, add two safety 
zones, and modify the format of the regulation to list the annual 
events and corresponding safety zones in table form. These proposed 
amendments will protect spectators, participants, and vessels from the 
hazards associated with annual marine events and improve the clarity 
and readability of the regulations.

DATES: Comments and related material must be received by the Coast 
Guard on or before July 8, 2015.

ADDRESSES: You may submit comments identified by docket number USCG-
2015-0215 using any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax: 202-493-2251.
    (3) Mail and Hand 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. Hand Deliveries will 
be accepted between 9 a.m. and 5 p.m., Monday through Friday, except on 
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 Chief Aaron Woof, Marine Safety Unit Duluth, U.S. Coast 
Guard; telephone (218) 725-3821 or by email [email protected]. If 
you have questions on viewing or submitting material to the docket, 
call Cheryl Collins, Program Manager, Docket Operations, telephone 
(202) 366-9826.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

    CFR Code of Federal Regulations
    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-2015-0215), 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 at http://www.regulations.gov or by fax, mail, or hand delivery, 
but please use only one of these means. If you submit a comment 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, 
email address, or 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-2015-0215 in the ``SEARCH'' box and click 
``SEARCH''. Click on the comment box in the row listing this NPRM.
    If you submit your comment by mail or hand delivery, submit them in 
an unbound format, no larger than 8\1/2\ by 11 inches, suitable for 
copying and electronic filing. If you submit your comment by mail and 
would like to verify that they have reached the Docket Management 
Facility, please enclose a stamped, self-addressed postcard or envelope 
and it will be returned to you. We will consider all comments and 
material received during the comment period and may change the proposed 
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-2015-0215 in the ``SEARCH'' box and click 
``SEARCH''. Click on ``Open Docket Folder'' on the line associated with 
this rulemaking. You may also visit the Document Management Facility in 
Room W12-140 on the ground floor of the U.S. 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 on 
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

[[Page 32322]]

behalf of an associated, 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 currently plan to hold a public meeting. You may submit a 
request for one by using one of the three 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. Regulatory History and Information

    On May 31, 2013, the Coast Guard published an NPRM in the Federal 
Register (78 FR 32608) entitled ``Recurring Events in the Captain of 
the Port Duluth Zone.'' The NPRM proposed to establish 8 permanent 
safety zones for annually recurring events in the Captain of the Port 
Duluth Zone under 33 CFR 165.943. The NPRM was open for comment for 30 
days.
    On August 12, 2013 the Coast Guard published the Final Rule in the 
Federal Register (78 FR 48802) after receiving no comments on the NPRM. 
Through this proposed rule, the Coast Guard seeks to update Sec.  
165.943.

C. Basis and Purpose

    The legal basis for this proposed rule is the Coast Guard's 
authority to establish safety zones: 33 U.S.C. 1231; 33 CFR 1.05-1, 
160.5; Department of Homeland Security Delegation No. 0170.1.
    This proposed rule would update the location for two safety zones 
for annual events, add two new permanent safety zones for recurring 
fireworks displays, and modify the format of Sec.  165.943 to list 
annual events and corresponding safety zones in table form. These 
changes are necessary to protect spectators, participants, and vessels 
from the hazards associated with annual marine events, and to improve 
the overall clarity and readability of the rule. These hazards related 
to the annual events include obstructions to the waterway that may 
result in marine casualties; explosive danger and flaming debris 
falling into the water from fireworks; and large congregations of 
vessels and waterborne spectators in the vicinity of the annual events.
    This proposed rule will also arrange the safety zones listed in 
Sec.  165.943 into a table sorted in ascending order of event date. 
This change in format is intended to improve clarity and readability 
and to reduce redundancy in the regulation.
    Finally, this proposed rule clarifies that the enforcement dates 
and times for each safety zone listed in Table 165.943 is subject to 
change. While the events are anticipated to annually recur on certain 
dates, factors, to include inclement weather, may result in 
postponement. In the event of a postponement, the Coast Guard will 
issue a Notice of Enforcement with updated enforcement dates and times, 
and corresponding Broadcast Notice to Mariners for on scene notice.

D. Discussion of Rule

    The amendments to this proposed rule are necessary to ensure the 
safety of vessels and people during annual events taking place on or 
near federally maintained waterways in the Captain of the Port Duluth 
Zone. Although this proposed rule will be in effect year-round, the 
specific safety zones listed in Table 165.943 will only be enforced 
during a specified period of time when the event is on-going.
    When a Notice of Enforcement for a particular safety zone is 
published, entry into, transiting through, or anchoring within the 
safety zone is prohibited unless authorized by the Captain of the Port 
Duluth, or his or her designated representative. The Captain of the 
Port Duluth or his or her designated representative can be contacted 
via VHF Channel 16. All persons and vessels granted permission to enter 
the safety zone must comply with all instructions given by the Captain 
of the Port Duluth or his or her designated representative.

E. 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. 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 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 zones created by this rule will be small and enforced for short 
periods of time. Under certain conditions, moreover, vessels may still 
transit through the safety zone when permitted by the Captain of the 
Port Duluth.

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 will affect the following entities, some of which might 
be small entities: The owners or operators of vessels intending to 
transit or anchor in areas designated as safety zones during the dates 
and times the safety zones are enforced.
    These safety zones will not have a significant economic impact on a 
substantial number of small entities for the following reasons: These 
safety zones created by this rule will be small and enforced for short 
periods of time. Under certain conditions, moreover, vessels may still 
transit through the safety zone when permitted by the Captain of the 
Port Duluth. Before the enforcement of these safety zones, the Coast 
Guard will issue local Broadcast Notice to Mariners so that vessel 
owners and operators may plan accordingly.
    If you believe that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this proposed rule 
would have a significant economic impact on it, please submit a comment 
(see ADDRESSES) explaining why you think it qualifies 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 they can better 
evaluate its effects on them and participate in this rulemaking.

[[Page 32323]]

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 Chief Aaron Woof, 
Marine Safety Unit Duluth, U.S. Coast Guard; telephone (218) 725-3821 
or by email [email protected]. 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 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. An 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 paragraph 34(g) of 
Figure 2-1 of the Commandant Instruction. 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 record 
keeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 33 CFR parts 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. Chapters 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. Revise Sec.  165.943 to read as follows:


Sec.  165.943  Safety Zones; Recurring Events in Captain of the Port 
Duluth Zone.

    (a) Regulations. The following regulations apply to the safety 
zones listed in Table 165.943 of this section:
    (1) The Coast Guard will provide advance notice of the enforcement 
date and time of the safety zone being enforced in Table 165.943, by 
issuing a Notice of Enforcement, as well as, a Broadcast Notice to 
Mariners.
    (2) During the enforcement period, the general regulations found in 
Sec.  165.23 shall apply.
    (b) Contacting the Captain of the Port. While a safety zone listed 
in this section is enforced, the Captain of the Port Duluth or his or 
her on-scene representative may be contacted via VHF Channel 16. 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 
Duluth, or his or her on-scene representative.
    (c) Exemption. Public vessels, defined as any vessel owned or 
operated by the United States or by State or local governments, 
operating in an official capacity are exempted from the requirements of 
this section.

                                                  Table 165.943
                                                [Datum NAD 1983]
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                  Event                                    Location                           Event date
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(1) Bridgefest Regatta Fireworks Display  All waters of the Keweenaw Waterway in      Mid June.
                                           Hancock, MI within the arc of a circle
                                           with a radius of no more than 1,120 feet
                                           from the launch site at position
                                           47[deg]07'22'' N., 088[deg]35'39'' W.
(2) Ashland 4th of July Fireworks         All waters of Chequamegon Bay in Ashland,   On or around July 4th.
 Display.                                  WI within the arc of a circle with a
                                           radius of no more than 1,120 feet from
                                           the launch site at position
                                           46[deg]35'50'' N., 090[deg]52'59'' W.

[[Page 32324]]

 
(3) City of Bayfield 4th of July          All waters of the Lake Superior North       On or around July 4th.
 Fireworks Display.                        Channel in Bayfield, WI within the arc of
                                           a circle with a radius of no more than
                                           1,120 feet from the launch site at
                                           position 46[deg]48'39'' N.,
                                           090[deg]48'35'' W.
(4) Cornucopia 4th of July Fireworks      All waters of Siskiwit Bay in Cornucopia,   On or around July 4th.
 Display.                                  WI within the arc of a circle with a
                                           radius of no more than 1,120 feet from
                                           the launch site at position
                                           46[deg]51'35'' N., 091[deg]06'13'' W.
(5) Duluth 4th Fest Fireworks Display...  All waters of the Duluth Harbor Basin,      On or around July 4th.
                                           Northern Section in Duluth, MN within the
                                           arc of a circle with a radius of no more
                                           than 1,120 feet from the launch site at
                                           position 46[deg]46'14'' N.,
                                           092[deg]06'16'' W.
(6) LaPointe 4th of July Fireworks        All waters of Lake Superior in LaPointe,    On or around July 4th.
 Display.                                  WI within the arc of a circle with a
                                           radius of no more than 1,120 feet from
                                           the launch site at position
                                           46[deg]46'40'' N., 090[deg]47'22'' W.
(7) Two Harbors 4th of July Fireworks     All waters of Agate Bay in Two Harbors, MN  On or around July 4th.
 Display.                                  within the arc of a circle with a radius
                                           of no more than 1,120 feet from the
                                           launch site at position 46[deg]46'40''
                                           N., 090[deg]47'22'' W.
(8) Point to LaPointe Swim..............  All waters of the Lake Superior North       Early August.
                                           Channel between Bayfield and LaPointe, WI
                                           within an imaginary line created by the
                                           following coordinates: 46[deg]48'50'' N.,
                                           090[deg]48'44'' W., moving southeast to
                                           46[deg]46'44'' N., 090[deg]47'33'' W.,
                                           then moving northeast to 46[deg]46'52''
                                           N., 090[deg]47'17'' W., then moving
                                           northwest to 46[deg]49'03'' N.,
                                           090[deg]48'25'' W., and finally returning
                                           to the starting position.
(9) Lake Superior Dragon Boat Festival    All waters of Superior Bay in Superior, WI  Late August.
 Fireworks Display.                        within the arc of a circle with a radius
                                           of no more than 1,120 feet from the
                                           launch site at position 46[deg]43'23''
                                           N., 092[deg]03'45'' W.
(10) Superior Man Triathlon.............  All waters of the Duluth Harbor Basin,      Late August.
                                           Northern Section in Duluth, MN within an
                                           imaginary line created by the following
                                           coordinates: 46[deg]46'36'' N.,
                                           092[deg]06'06'' W., moving southeast to
                                           46[deg]46'32'' N., 092[deg]06'01'' W.,
                                           then moving northeast to 46[deg]46'45''
                                           N., 092[deg]05'45'' W., then moving
                                           northwest to 46[deg]46'49'' N.,
                                           092[deg]05'49'' W., and finally returning
                                           to the starting position.
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    Dated: May 4, 2015
A.H. Moore, JR.,
Commander, U.S. Coast Guard, Captain of the Port Duluth.
[FR Doc. 2015-13932 Filed 6-5-15; 8:45 am]
 BILLING CODE 9110-04-P