[Federal Register Volume 84, Number 132 (Wednesday, July 10, 2019)]
[Proposed Rules]
[Pages 32849-32851]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-14606]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2019-0300]
RIN 1625-AA08


Special Local Regulations; Festival of Sail Duluth 2019, Lake 
Superior, Duluth, MN

AGENCY: Coast Guard, DHS.

ACTION: Supplemental notice of proposed rulemaking.

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SUMMARY: The Coast Guard is proposing to establish a temporary special 
local regulation for a designated area of the Duluth Harbor entrance to 
Superior Bay on Lake Superior during the Festival of Sail 2019 event in 
Duluth, MN. This action is necessary to provide for the safety of life 
on these navigable waters around the port of Duluth, MN during a sail 
festival with tall ships beginning on August 11, 2019 and ending the 
afternoon of August 13, 2019. This proposed rulemaking would prohibit 
persons and vessels from being in the designated region unless 
authorized by the Captain of the Port Duluth or a designated 
representative. We invite the public to comment on this supplemental 
notice of proposed rulemaking, specifically on the extended time of the 
special local regulation.

DATES: Comments and related material must be received by the Coast 
Guard on or before July 17, 2019.

ADDRESSES: You may submit comments identified by docket number USCG-
2019-0300 using the Federal eRulemaking Portal at https://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 about this 
proposed rulemaking, call or email Lieutenant Abbie Lyons, Waterways 
Management, MSU Duluth, U.S. 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, Purpose, and Legal Basis

    On December 11, 2018, Draw Events LLC notified the Coast Guard that 
it will be conducting a Festival of Sail event in Duluth, MN from 
August 11 through August 13, 2019. The Coast Guard published a Notice 
of Proposed Rulemaking (NPRM) in the Federal Register on May 8, 2019. A 
public comment period was held from May 8, 2019 to July 7, 2019 with no 
comments received; however, concerns were raised by local law 
enforcement and public safety of the initial proposed temporary special 
local regulation only covering the parade of sail on August 11, 2019 
from 7:00 a.m. to 1:00 p.m. Due to the influx of spectator vessel 
traffic during this event, we are proposing to extend the special local 
regulation to include the entire Festival of Sail, from August 11, 2019 
at 7:00 a.m. to August 13, 2019 at 1:00 p.m. This special local 
regulation will be enforced from 7:00 a.m. through 1:00 p.m. on August 
11, 2019 during the Parade of Sail event. It will be enforced at other 
times during the effective period as deemed necessary by the Captain of 
the Port Duluth (COTP) or her on-scene representatives. Notice of 
enforcement of the special local regulation will be provided by 
Broadcast Notice to Mariners and by the COTP's on-scene 
representatives. The purpose of this supplemental notice of proposed 
rulemaking is to solicit comments on the extended effective time period 
of the regulation.
    The legal basis for this proposed rule is the Coast Guard's 
authority under 46 U.S.C. 70041; 33 CFR 1.05-1.

III. Discussion of Proposed Rule

    The COTP is proposing to establish a special local regulation from 
7 a.m. on August 11, 2019 to 1 p.m. on August 13, 2019. The special 
local regulation would cover designated navigable waters in the 
vicinity of Duluth Harbor.
    The duration of the zone is intended to protect the safety of 
vessels and these navigable waters before, during, and immediately 
after the scheduled Festival of Sail. Only the designated sailing 
vessels associated with the event are permitted within the zone while 
it is being enforced. No other vessels or persons will be permitted to 
enter the zone without obtaining permission from the COTP or a 
designated representative. The COTP or a designated representative may 
be contacted via VHF Channel 16 or by telephone at (218) 428-9357. The 
regulatory text proposed appears at the end of this document.

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 13771 directs agencies to control 
regulatory costs through a budgeting process. This SNPRM has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, the SNPRM has not been reviewed by the Office of 
Management and Budget (OMB), and pursuant to OMB guidance it is exempt 
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the availability 
of the Superior Harbor entrance as an alternate entry into Superior 
Bay, the short time frame of the special local regulation, and the 
estimated number of spectator vessels around the Duluth Harbor entrance 
for the event. 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 Coast Guard will issue a 
Broadcast Notice to Mariners via VHF-FM marine Channel 16 about the 
zone, and the rule would allow 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

[[Page 32850]]

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 
restricted area 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 proposed rule under Department of Homeland 
Security Directive 023-01 and Commandant Instruction M16475.1D, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made a preliminary 
determination 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 proposed rule involves a special local regulation 
lasting 3 days that would prohibit entry within a designated area 
around the Duluth Harbor entrance. Normally such actions are 
categorically excluded from further review under paragraph L[61] of 
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 01. 
We seek any comments or information that may lead to the discovery of a 
significant environmental impact from this proposed 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 https://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and the 
docket, visit https://www.regulations.gov/privacyNotice.
    Documents mentioned in this NPRM as being available in the docket, 
and all public comments, will be in our online docket at https://www.regulations.gov and can be viewed by following that website'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 100

    For the reasons discussed in the preamble, the Coast Guard is 
proposing to amend 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: 46 U.S.C. 70041; 33 CFR 1.05-1.

0
2. Add Sec.  100.T09-0300 to read as follows:


Sec.  100.T09-0300   Special Local Regulations; Festival of Sail Duluth 
2019, Lake Superior, Duluth, MN.

    (a) Regulated Areas: 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]46'48.36'' N, 092[deg]05'16.44'' W, across Duluth Harbor to 
46[deg]47'02.76'' N, 092[deg]05'17.88'' W, turning north toward the 
Duluth Lift

[[Page 32851]]

Bridge to 46[deg]47'19.32'' N, 092[deg]04'04.80'' W, to 
46[deg]46'50.88'' N, 092[deg]05'17.88'' W, out the Duluth Harbor 
Entrance at 46[deg]46'45.12'' N, 092[deg]05'35.16'' W, then northwest 
to 46[deg]46'45.12'' N, 092[deg]05'39.84'' W, back to the north Duluth 
Entrance Light at 46[deg]47'01.32'' N, 092[deg]05'51.00'' W, through 
the canal at 46[deg]47'00.60'' N, 092[deg]05'52.08'' W, then along 
Minnesota Point at 46[deg]46'51.60'' N, 092[deg]05'46.32'' W, entering 
Minnesota Slip at 46[deg]46'39.00'' N, 092[deg]06'03.96'' W, 
encompassing the slip from 46[deg]46'32.16'' N, 092[deg]05'38.76'' W to 
46[deg]46'41.52'' N, 092[deg]05'36.24'' W and back out the slip at 
46[deg]46'42.60'' N, 092[deg]05'34.44'' W and back to the starting 
position of 46[deg]46'48.36'' N, 092[deg]05'16.44'' 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 authorized by 
the Captain of the Port (COTP) Duluth or on-scene representatives.
    (2) Vessels and persons receiving COTP Duluth or on-scene 
representative authorization to enter the area of this special local 
regulation must do so in accordance with the following restrictions:
    (i) Vessels and persons must transit at a speed not exceed 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 Festival of Sail; and
    (ii) Vessels and persons will not be permitted to impede the parade 
of sail from 7:00 a.m. to 1 p.m. on August 11, 2019 once it has 
commenced, as the tall ships are extremely limited in their ability to 
maneuver.
    (3) The Coast Guard will provide notice of the regulated area prior 
to the event through Local Notice to Mariners and Broadcast Notice to 
Mariners. Notice of actual enforcement will be provided by on-scene 
representatives.
    (4) The ``on-scene representative'' of the COTP Duluth is any Coast 
Guard commissioned, warrant, or petty officer and any Federal, State, 
or local officer designated by the COTP to act on her behalf.
    (5) Vessel operators desiring to enter or operate within the 
regulated area shall contact the COTP Duluth by telephone at (218) 428-
9357, 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.
    (c) Effective date. These regulations are effective Sunday, August 
11, 2019 at 7:00 a.m. through August 13, 2019 at 1:00 p.m. These 
regulations will be enforced from 7:00 a.m. through 1:00 p.m. on August 
11, 2019 during the Parade of Sail, and actual notice of enforcement 
during various periods of time will be conducted by the on-scene 
representative throughout the event.

    Dated: July 3, 2019.
F.M. Smith,
Commander, U.S. Coast Guard, Captain of the Port Duluth.
[FR Doc. 2019-14606 Filed 7-9-19; 8:45 am]
BILLING CODE 9110-04-P