[Federal Register Volume 82, Number 61 (Friday, March 31, 2017)]
[Proposed Rules]
[Pages 16012-16015]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-06352]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2017-0171]
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 final 
rule would update the locations for seven safety zones, add two new 
safety zones, increase the safety zone radius of six existing fireworks 
events, 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 regulation.

DATES: Comments and related material must be received by the Coast 
Guard on or before May 1, 2017.

ADDRESSES: You may submit comments identified by docket number USCG-
2017-0171 using the Federal eRulemaking Portal at http://www.regulations.gov. Type the docket number (USCG-2017-0171) in the 
``SEARCH'' box and click ``SEARCH.'' 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, email [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

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.

III. Discussion of Proposed Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231. The Captain of the Port Duluth (COTP) has determined that an 
amendment to the recurring events list as published in 33 CFR 165.943 
will be necessary to: Update the location of seven existing safety 
zones (Bridgefest Regatta Fireworks Display, Cornucopia 4th of July 
Fireworks Display, Duluth 4th Fest Fireworks Display, LaPointe 4th of 
July Fireworks Display, Point to LaPointe Swim, Lake Superior Dragon 
Boat Festival, Superior Man Triathlon), add two new safety zones (City 
of Bayfield 4th of July Fireworks Display & Two Harbors 4th of July 
Fireworks Display), increase the safety zone radius of six fireworks 
events (Bridgefest Regatta Fireworks Display, Ashland 4th of July 
Fireworks Display, Cornucopia 4th of July Fireworks Display, LaPointe 
4th of July Fireworks Display, Lake Superior Dragon Boat Festival), and 
format the existing regulations into a table format. The purpose of 
this rule is to ensure safety of vessels and the navigable waters in 
the safety zone before, during, and after the scheduled event and to 
improve the overall clarity and readability of the rule.
    The amendments to this proposed rule are necessary to ensure the 
safety

[[Page 16013]]

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. No vessel or person will be permitted to enter the 
safety zone without obtaining permission from the COTP or a designated 
representative.

V. Regulatory Analyses

    We developed this 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 rule has not been designated 
a ``significant regulatory action,'' under Executive Order 12866. 
Executive Order 13771 (``Reducing Regulation and Controlling Regulatory 
Costs''), directs agencies to reduce regulation and control regulatory 
costs and provides that ``for every one new regulation issued, at least 
two prior regulations be identified for elimination, and that the cost 
of planned regulations be prudently managed and controlled through a 
budgeting process.''
    The Office of Management and Budget (OMB) has not designated this 
rule a significant regulatory action under section 3(f) of Executive 
Order 12866. Accordingly, it has not been reviewed by the Office of 
Management and Budget. As this rule is not a significant regulatory 
action, this rule is exempt from the requirements of Executive Order 
13771. See OMB's Memorandum titled ``Interim Guidance Implementing 
Section 2 of the Executive Order of January 30, 2017 titled `Reducing 
Regulation and Controlling Regulatory Costs' '' (February 2, 2017).
    This regulatory action determination is based on the size, 
location, duration, and time-of-day for each safety zone. Vessel 
traffic will be able to safely transit around all safety zones which 
will impact small designated areas within Lake Superior for short 
durations of time. Moreover, the Coast Guard will issue Broadcast 
Notice to Mariners via VHF-FM marine channel 16 about the zone and the 
rule allows vessels to seek permission to enter the zone.

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 received no comments from the Small Business 
Administration on this rulemaking. 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 
safety zone 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 (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 
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.

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

[[Page 16014]]

environment. This rule involves: The update of seven safety zone 
locations, the addition of two new safety zones, an increase of size 
for six safety zone radiuses for fireworks related events, and the 
reformatting of regulations into an easier to read table format. It 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. 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 
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; 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    All waters of the Keweenaw Waterway   Mid June.
 Display.                            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]35'28'' 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]48'40'' N., 090[deg]48'32''
                                     W.
(4) Cornucopia 4th of July          All waters of Siskiwit Bay in         On or around July 4th.
 Fireworks 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]06'15'' W.
(5) Duluth 4th Fest Fireworks       All waters of the Duluth Harbor       On or around July 4th.
 Display.                            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         All waters of Agate Bay in Two        On or around July 4th.
 Fireworks 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.

[[Page 16015]]

 
(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       All waters of Superior Bay in         Late August.
 Festival 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]43'28'' N.,
                                     092[deg]03'47'' 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.
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    Dated: March 27, 2017.
E.E. Williams,
Commander, U.S. Coast Guard, Captain of the Port Duluth.
[FR Doc. 2017-06352 Filed 3-30-17; 8:45 am]
 BILLING CODE 9110-04-P