[Federal Register Volume 81, Number 75 (Tuesday, April 19, 2016)]
[Proposed Rules]
[Pages 22941-22943]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-09031]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2016-0248]
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 three safety 
zones, and modify the format of the regulations 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 May 19, 2016.

ADDRESSES: You may submit comments identified by docket number USCG-
2016-0248 using the Federal eRulemaking Portal at http://www.regulations.gov. See the ``Public Participation and Request for 
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further 
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Lieutenant Junior Grade John Mack, Chief of Waterways 
Management, Marine Safety Unit Duluth, U.S. Coast Guard; telephone 
(218) 725-3818 or by email [email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

II. Background, Purpose, and Legal Basis

    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 Sec.  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.
    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 locations of two safety zones 
(Cornucopia 4th of July Fireworks Display & Superior Man Triathlon), 
add three new permanent safety zones (City of Bayfield 4th of July 
Fireworks Display, Two Harbors 4th of July Fireworks Display, & Power 
Boat Championship Presented by TCPBA) for recurring safety zones, 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.

III. Discussion of Proposed 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.

IV. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes 
and Executive orders related to rulemaking. Below we summarize our 
analyses based on a number of these statutes and Executive orders and 
we discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. Executive Order 13563 emphasizes the importance of 
quantifying both costs and benefits, of reducing costs, of harmonizing 
rules, and of promoting flexibility. This NPRM has not been designated 
a ``significant regulatory action,'' under Executive Order 12866. 
Accordingly, the NPRM has not been reviewed by the Office of Management 
and Budget.
    This regulatory action determination is based on the size, 
location, duration, and time-of-day of the safety zones. The

[[Page 22942]]

safety zones created by this proposed 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.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 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 
proposed rule would not have a significant economic impact on a 
substantial number of small entities.
    While some owners or operators of vessels intending to transit the 
safety zone may be small entities, for the reasons stated in section 
IV.A above, this proposed rule would not have a significant economic 
impact on any vessel owner or operator.
    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.
    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. 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. 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.

C. Collection of Information

    This proposed rule would not call for a new collection of 
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520).

D. Federalism and Indian Tribal Governments

    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 proposed rule under that Order and 
have determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, 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. If 
you believe this proposed rule has implications for federalism or 
Indian tribes, please contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section.

E. 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 an expenditure, we do discuss the effects of this rule 
elsewhere in this preamble.

F. 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 safety 
zones 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.

G. 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.

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking, 
and will consider all comments and material received during the comment 
period. Your comment can help shape the outcome of this rulemaking. If 
you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this document to which 
each comment applies, and provide a reason for each suggestion or 
recommendation.
    We encourage you to submit comments through the Federal eRulemaking 
Portal at http://www.regulations.gov. If your material cannot be 
submitted using http://www.regulations.gov, contact the person in the 
FOR FURTHER INFORMATION CONTACT section of this document for alternate 
instructions.
    We accept anonymous comments. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and the 
docket, you may review a Privacy Act notice regarding the Federal 
Docket Management System in the March 24, 2005, issue of the Federal 
Register (70 FR 15086).
    Documents mentioned in this NPRM as being available in the docket, 
and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that Web site's 
instructions. Additionally, if you go to the online docket and sign up 
for email alerts, you will be notified when comments are posted or a 
final rule is published.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and record 
keeping requirements, Security measures, Waterways.


[[Page 22943]]


    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; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1, 
6.04-6, and 160.5; 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        Mid June.
                                           Waterway in 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  On or around July 4th.
 Display.                                  Ashland, 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.
(3) City of Bayfield 4th of July          All waters of the Lake Superior   On or around July 4th.
 Fireworks Display.                        North 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     On or around July 4th.
 Display.                                  Cornucopia, 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   On or around July 4th.
                                           Basin, 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    On or around July 4th.
 Display.                                  LaPointe, 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    On or around July 4th.
 Display.                                  Harbors, MN within the arc of a
                                           circle with a radius of no more
                                           than 1,120 feet from the launch
                                           site at position 47[deg]00'54''
                                           N., 091[deg]40'04'' W.
(8) Point to LaPointe Swim..............  All waters of the Lake Superior   Early August.
                                           North 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     Late August.
 Fireworks Display.                        Superior, 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]43'23'' N.,
                                           092[deg]03'45'' W.
(10) Superior Man Triathlon.............  All waters of the Duluth Harbor   Late August.
                                           Basin, 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.
(11) Power Boat Championship Presented    All waters of Superior Bay in     Late August.
 by TCPBA.                                 Superior, WI within the arc of
                                           a circle with a radius of no
                                           more than 1,000 feet from the
                                           position of 46[deg]43'30'' N.,
                                           092[deg]03'57'' W.
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    Dated: March 31, 2016.
A.H. Moore, Jr.,
Commander, U.S. Coast Guard, Captain of the Port Duluth.
[FR Doc. 2016-09031 Filed 4-18-16; 8:45 am]
 BILLING CODE 9110-04-P