[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]



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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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