[Federal Register Volume 89, Number 124 (Thursday, June 27, 2024)]
[Rules and Regulations]
[Pages 53494-53496]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-13973]
[[Page 53494]]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2024-0222]
RIN 1625-AA00
Safety Zone; 2024 Duluth Air Spectacular, Lake Superior, Duluth,
MN
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone for
certain waters of the Lake Superior. This action is necessary to
provide for the safety of life on these navigable waters near Canal
Park in Duluth, MN during an air show on July 31, 2024. This rule
prohibits persons and vessels from being in the safety zone unless
authorized by the Captain of the Port Marine Safety Unit Duluth or a
designated representative.
DATES: This rule is effective from 12 p.m. through 9 p.m. on July 31,
2024.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2024-0222 in the search box and click ``Search.'' Next, in the Document
Type column, select ``Supporting & Related Material.''
FOR FURTHER INFORMATION CONTACT: If you have questions about this rule,
call or email Chief Petty Officer Kyle Weitzell, Marine Safety Unit
Duluth, Waterways Management Division, U.S. Coast Guard; telephone 218-
725-3821, 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
On October 10, 2023, the Coast Guard was notified of an air show
that will take place over the waters of Lake Superior near Canal Park
in Duluth, MN from 3 p.m. through 6 p.m. on July 31, 2024. During this
air show, planes will be flying low over the water within the boundary
of a zone marked by buoys and small boat on scene. Hazards from this
air show include low flying aircraft and jet exhaust produced by the
engines and distraction to the pilots if general boating traffic where
to be present within this area. The Captain of the Port Marine Safety
Unit Duluth (COTP) has determined that potential hazards associated
with the air show at this location would be a safety concern for anyone
within an area defined by the following positions, beginning at N
46[deg]47'34.81'', W 092[deg]03'46.70'', then proceeding southwest to N
46[deg]46'52.73'', W 092[deg]05'05.47'', then proceeding southwest to N
46[deg]46'48.00'', W 092[deg]05'28.02'', the following the shoreline
northward to N 46[deg]48'1.98'', W 092[deg]04'16.02'', and then
returning to the starting point. In response, on May 7, 2024, the Coast
Guard published a notice of proposed rulemaking (NPRM) titled Safety
Zone; 2024 Duluth Air Spectacular, Lake Superior, Duluth, MN 89 FR
38854). There we stated why we issued the NPRM and invited comments on
our proposed regulatory action related to this fireworks display.
During the comment period that ended June 8, 2024, we received no
comments.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034. The COTP Marine Safety Unit Duluth has determined that potential
hazards associated with the air show at this location would be a safety
concern for anyone within an area defined by the following positions,
beginning at N 46[deg]47'34.81'', W 092[deg]03'46.70'', then proceeding
southwest to N 46[deg]46'52.73'', W 092[deg]05'05.47'', then proceeding
southwest to N 46[deg]46'48.00'', W 092[deg]05'28.02'', the following
the shoreline northward to N 46[deg]48'1.98'', W 092[deg]04'16.02'',
and then returning to the starting point and is establishing a safety
zone for this area on July 31, 2024 from 12 p.m. through 9 p.m. 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.
IV. Discussion of Comments, Changes, and the Rule
As noted above, we received no comments on our NPRM published May
7, 2024. There are no changes in the regulatory text of this rule from
the proposed rule in the NPRM.
This rule establishes a safety zone from 12 p.m. through 9 p.m. on
July 31, 2023. The safety zone will cover all navigable waters of Lake
Superior near Canal Park in Duluth, MN within an area defined by the
following positions, beginning at N 46[deg]47'34.81'', W
092[deg]03'46.70'', then proceeding southwest to N 46[deg]46'52.73'', W
092[deg]05'05.47'', then proceeding southwest to N 46[deg]46'48.00'', W
092[deg]05'28.02'', the following the shoreline northward to N
46[deg]48'1.98'', W 092[deg]04'16.02'', and then returning to the
starting point. The duration of the zone is intended to ensure the
safety of vessels and these navigable waters before, during, and after
the scheduled air show to begin sometime between 3 p.m. through 6 p.m.,
depending on weather conditions. 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. This rule has not been designated a ``significant
regulatory action,'' under section 3(f) of Executive Order 12866, as
amended by Executive Order 14094 (Modernizing Regulatory Review).
Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB).
This regulatory action determination is based the short duration
and small size of the safety zone as well as the ability for most boats
to transit between the Duluth Shipping Canal and Lake Superior without
entering 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
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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
call or email 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.
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
Directive 023-01, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), 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 a
safety zone lasting not more than 9 hours that would prohibit entry
within an area under the flight path of aircraft participating in an
air show. It is categorically excluded from further review under
paragraph L60(a) of Appendix A, Table 1 of DHS Instruction Manual 023-
01-001-01, Rev. 1. A Record of Environmental Consideration supporting
this determination is available in the docket. For instructions on
locating the docket, see the ADDRESSES section of this preamble.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email 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 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: 46 U.S.C. 70034, 70051, 70124; 33 CFR 1.05-1, 6.04-1,
6.04-6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.3.
0
2. Add Sec. 165.T09-0222 to read as follows:
Sec. 165.T09-0222 Safety Zone; 2024 Duluth Air Spectacular, Lake
Superior, Duluth, MN.
(a) Location. The following area is a safety zone: All navigable
waters of Lake Superior within an area defined by the following
positions, beginning at N 46[deg]47'34.81'', W 092[deg]03'46.70'', then
proceeding southwest to N 46[deg]46'52.73'', W 092[deg]05'05.47'', then
proceeding southwest to N 46[deg]46'48.00'', W 092[deg]05'28.02'', the
following the shoreline northward to N 46[deg]48'1.98'', W
092[deg]04'16.02'', and then returning to the starting point near Canal
Park in Duluth, MN.
(b) Enforcement period. July 31, 2024, from 12 p.m. through 9 p.m.
The specific time frame for waterway closure will be announced via
Broadcast Notice to Mariners.
(c) Definitions. The following definitions apply to this section:
(1) On-scene representative means any Coast Guard commissioned,
warrant, or petty officer designated by the Captain of the Port Duluth
to monitor a safety zone, permit entry into the zone, give legally
enforceable orders to persons or vessels within the zones, and take
other actions authorized by the Captain of the Port.
(2) Public vessel means vessels owned, chartered, or operated by
the United States, or by a State or political subdivision thereof.
(d) Regulations. (1) In accordance with the general regulations in
Sec. 165.23 of this part, entry into, transiting, or anchoring within
this safety zone identified in paragraph (a) of this section is
prohibited unless authorized by the Captain of the Port Duluth or his
designated on-scene representative.
(2) The safety zone identified in paragraph (a) of this section is
closed to all vessel traffic, except as may be permitted by the Captain
of the Port Duluth or his designated on-scene representative.
(3) Vessel operators desiring to enter or operate within the safety
zone must contact the Captain of the Port Duluth or his on-scene
representative to obtain permission to do so. The Captain of the Port
Duluth or his 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 on-scene representative.
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(e) Exemption. Public vessels, as defined in paragraph (c) of this
section, are exempt from the requirements in this section.
(f) Waiver. For any vessel, the Captain of the Port Duluth or his
designated representative may waive any of the requirements of this
section, upon finding that operational conditions or other
circumstances are such that application of this section is unnecessary
or impractical for the purposes of public or environmental safety.
Dated: June 20, 2024.
John P. Botti,
Commander, U.S. Coast Guard, Captain of the Port, Marine Safety Unit
Duluth.
[FR Doc. 2024-13973 Filed 6-26-24; 8:45 am]
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