[Federal Register Volume 81, Number 159 (Wednesday, August 17, 2016)]
[Rules and Regulations]
[Pages 54739-54741]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-19652]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG-2016-0797]
RIN 1625-AA08


Special Local Regulations; Tall Ships Duluth 2016 Parade of Sail, 
Lake Superior, Duluth, MN

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing temporary special local 
regulations on the navigable waters of Lake Superior and Duluth Harbor, 
Minnesota for the Tall Ships Duluth 2016 Parade of Sail. This action is 
necessary to provide for the safety of life and property on the 
navigable waters of Lake Superior and Duluth, Minnesota, during Tall 
Ships Duluth 2016 Parade of Sail on August 18, 2016. These temporary 
special local regulations would restrict vessel traffic in portions of 
Lake Superior and Duluth Harbor, Minnesota, unless authorized by the 
Captain of the Port (COTP) Duluth.

DATES: This rule is effective from 9:00 a.m. through 5:00 p.m. August 
18, 2016.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2016-0797 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Lieutenant Junior Grade John Mack, Waterways management, 
MSU Duluth, Coast Guard; telephone 218-725-3818, 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
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary 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. 
Amplifying information regarding event schedule, plan, and vessel 
participants was not provided by the event sponsor with sufficient time 
to accommodate the comment period prior to the August 18, 2016 event. 
Thus, delaying the effective date of this rule to wait for the comment 
period to run would be both impracticable because it would be 
impossible to have the rule implemented before the date of the event.
    We are issuing this rule, and under 5 U.S.C. 553(d)(3), the Coast 
Guard finds that good cause exists for making it effective less than 30 
days after publication in the Federal Register. Delaying the effective 
date of this rule would be contrary to public interest as it would 
inhibit the Coast Guard's ability to protect spectator and vessels from 
the hazards associated with the event.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1233. These temporary special local regulations will provide for the 
safety of life and protection of property on the navigable waters of 
Lake Superior and Duluth Harbor, Minnesota, by providing for the 
organized viewing of Tall Ships and preventing the large number of 
spectator vessels from interfering with the organized and controlled 
Parade of Sail.

IV. Discussion of the Rule

    Duluth, Minnesota will host the Tall Ships Duluth 2016 from August 
18-21, 2016. This visit of sailing vessels is part of a recurring 
series of sail training races, rallies, cruises, and port festivals 
organized by Tall Ships America in conjunction with host ports in the 
United States and Canada. The Tall Ships Duluth 2016, including a 
Parade of Sail, is akin to similar events held several times in the 
past in Duluth, Minnesota, the most recent being in 2013.
    The Tall Ships visit to Duluth, which will occur from August 18-21, 
2016, will include a Parade of Sail on August 18, 2016. About 9 vessels 
are expected to participate in the Parade of Sail. These temporary 
special local regulations will provide for the safety of life and 
protection of property on the navigable waters of Lake Superior and 
Duluth Harbor, Minnesota, by providing for the organized viewing of 
Tall Ships and by preventing the large number of spectator vessels from 
interfering with the organized and controlled Parade of Sail. There may 
be vessels participating in the event from several foreign countries 
and the high visibility of this event warrants that temporary special 
local regulations be established to ensure the safety of vessels and 
spectators from hazards associated with Tall Ships Duluth 2016.
    The participating vessels will berth at assigned facilities in 
Duluth, Minnesota, from August 18-21, 2016. On August 19, 2016, 
visitors will be permitted to board the berthed vessels from shore. On 
the morning of August 22, 2016, the Tall Ships will depart the Duluth 
Harbor.
    The Coast Guard believes that vessel congestion due to the large 
number of participating and spectator vessels may pose a significant 
hazard to navigation. To reduce the risk associated with congested 
waterways the Coast Guard is proposing to establish regulated areas to 
restrict vessel movement around the location of the participating Tall 
Ships while participating in the Parade of Sail in Duluth Harbor. These 
temporary special local regulations would be in effect from 9:00 a.m. 
through 5:00 p.m. August 18, 2016.
    Area ``Duluth Harbor'': This Area includes all waters of Lake 
Superior and Duluth Harbor bounded by Rice's Point to the west and 
Duluth to the north, within the following boundaries: Beginning at 
position 46[deg]49'11'' N., 92[deg]02'20'' W., then due south to 
position 46[deg]45'12'' N., 92[deg]02'20'' W., and then west to 
position 46[deg]45'12'' N., 92[deg]05'40'' W. (Duluth Marine Terminal 
South Light (LLNR 15935)). This area is needed to protect the maritime 
public and participating vessels from hazards to navigation associated 
with numerous spectator craft during the Parade of Sail on August 18, 
2016.
    Area ``Parade of Sail'': This Area includes all waters of Lake 
Superior and Duluth Harbor bounded by Duluth to the north, within the 
following

[[Page 54740]]

boundaries: Beginning at position 46[deg]46'51.54'' N., 
92[deg]05'17.03'' W. (North Pier Light (LLNR 15855)), then northeast to 
position 46[deg]47'18.96'' N., 92[deg]4'0.84'' W., then south to 
position 46[deg]47'11.04'' N., 92[deg]03'55.08'' W., then southwest to 
position 46[deg]46'48.46'' N., 92[deg]05'15.02'' W. (South Breakwater 
Outer Light (LLNR 15845)), then to position 46[deg]46'40.66'' N., 
92[deg]05'36.59'' W. near the Duluth Lift Bridge, then to position 
46[deg]46'34.04'' N., 92[deg]05'39.64'' W. (Basin Buoy 1 (LLNR 15865)), 
and then west to position 46[deg]46'36.42'' N., 92[deg]06'07.86'' W. 
This area is needed to enhance navigation safety by facilitating the 
organized and controlled transit of participating vessels through the 
parade route and minimizing the impact on the maritime community.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
Executive order 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 rule has not been designated 
a ``significant regulatory action,'' under Executive Order 12866. 
Accordingly, it 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-year of the special local regulations. 
These proposed regulations involve only the Duluth portion of Duluth/
Superior Harbor and would close the Duluth Entry Channel to commercial 
traffic only for several hours during the actual Parade of Sail on 
August 18, 2016. The Superior Entry would remain open to vessel traffic 
at all times. The impact of these proposed regulations will not be 
significant because these regulations would be in effect for only a 
portion of one day centered on the Parade of Sail, and most vessel 
traffic can pass safely around affected areas of Duluth Harbor by 
transiting through the Superior Entry.
    Notice of these special local regulations will be provided prior to 
the event through Local Notice to Mariners and Broadcast Notice to 
Mariners. In addition, the sponsoring organization, Draw Events, LLC., 
is planning to publish information of the event in local newspapers, 
pamphlets, and Internet sites.

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 rule 
will not have a significant economic impact on a substantial number of 
small entities.
    While some owners or operators of vessels intending to transit the 
regulated areas may be small entities, for the reasons stated in 
section V.A above, this rule will not have a significant economic 
impact on any vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 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.
    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.

C. 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).

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 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 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. If 
you believe this rule has implications for federalism or Indian tribes, 
please contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section above.

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 rule will 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 (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 special local regulations lasting no more than 12 hours. 
It is categorically excluded from further review under paragraph 34(h) 
of Figure 2-1 of the Commandant Instruction. An environmental analysis 
checklist supporting this determination and a Categorical Exclusion

[[Page 54741]]

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.

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.

List of Subjects in 33 CFR Part 100

    Marine safety, Navigation (water), Reporting and recordkeeping 
requirements, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 100 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

0
1. The authority citation for Part 100 continues to read as follows:

    Authority: 33 U.S.C. 1233.

0
2. Add Sec.  100.T09-0797 to read as follows:


Sec.  100.T09-0797  Special Local Regulations; Tall Ships Duluth 2016 
Parade of Sail, Duluth, MN.

    (a) Regulated Areas. (1) Area Duluth Harbor: This Area includes all 
waters of Lake Superior and Duluth Harbor bounded by Rice's Point to 
the west and Duluth to the north, within the following boundaries: 
Beginning at position 46[deg]49'11'' N., 92[deg]02'20'' W., then due 
south to position 46[deg]45'12'' N., 92[deg]02'20'' W., and then west 
to position 46[deg]45'12'' N., 92[deg]05'40'' W. (Duluth Marine 
Terminal South Light (LLNR 15935)).
    (2) Area Parade of Sail: This Area includes all waters of Lake 
Superior and Duluth Harbor bounded by Duluth to the north, within the 
following boundaries: Beginning at position 46[deg]46'51.54'' N., 
92[deg]05'17.03'' W. (North Pier Light (LLNR 15855)), then northeast to 
position 46[deg]47'18.96'' N., 92[deg]4'0.84'' W., then south to 
position 46[deg]47'11.04'' N., 92[deg]03'55.08'' W., then southwest to 
position 46[deg]46'48.46'' N., 92[deg]05'15.02'' W. (South Breakwater 
Outer Light (LLNR 15845)), then to position 46[deg]46'40.66'' N., 
92[deg]05'36.59'' W. near the Duluth Lift Bridge, then to position 
46[deg]46'34.04'' N., 92[deg]05'39.64'' W. (Basin Buoy 1 (LLNR 15865)), 
and then west to position 46[deg]46'36.42'' N., 92[deg]06'07.86'' W.
    (b) Special Local Regulations. (1) In accordance with the general 
regulations in Sec.  100.35 of this part, entry into, transiting, or 
anchoring within the regulated areas is prohibited unless designated 
for vessels of that type or entry is authorized by the Captain of the 
Port (COTP) Duluth or on-scene representatives.
    (2) All persons and vessels are authorized by the COTP Duluth to 
enter areas of these special local regulations in accordance with the 
following restrictions:
    (i) Area Duluth Harbor: Vessels transiting this Area must do so at 
a speed of not more than six (6) knots or at no wake speed, whichever 
is less. Vessels proceeding under sail will not be allowed in this Area 
unless also propelled by machinery, due to limited maneuvering ability 
around numerous other spectator craft viewing the Tall Ships.
    (ii) Area Parade of Sail: This Area will be closed to all vessel 
traffic, except those vessels designated as participants.
    (3) The Coast Guard will provide notice of the regulated areas 
prior to the event through Local Notice to Mariners and Broadcast 
Notice to Mariners. Notice will also be provided by on-scene 
representatives.
    (4) The ``on-scene representative'' of the Captain of the Port is 
any Coast Guard commissioned, warrant, or petty officer and any 
Federal, State, or local officer designated by the Captain of the Port 
to act on his behalf.
    (5) Vessel operators desiring to enter or operate within the 
regulated areas shall contact the Captain of the Port Duluth by 
telephone at 218-725-3818, or on-scene representative via VHF radio on 
channel 16, to obtain permission to do so. Vessel operators given 
permission to enter, operate, transit through, anchor in, or remain 
within the regulated areas must comply with all instructions given by 
COTP Duluth or on-scene representatives.

    Dated: August 12, 2016.
E.E. Williams,
Commander, U.S. Coast Guard, Captain of the Port Duluth.
[FR Doc. 2016-19652 Filed 8-16-16; 8:45 am]
BILLING CODE 9110-04-P