[Federal Register Volume 90, Number 97 (Wednesday, May 21, 2025)]
[Proposed Rules]
[Pages 21705-21708]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-09149]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2025-0023]
RIN 1625-AA08
Special Local Regulation; Duluth Harbor, Duluth, MN
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard is proposing to establish a temporary special
local regulation for designated areas of the Duluth Harbor entrance to
Superior Bay on Lake Superior during the Festival of Sail 2025 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 July 10, 2025, and ending the
evening of July 13, 2025. This proposed rulemaking would prohibit
persons and vessels from being in the designated areas unless
authorized by the Captain of the Port Duluth or a designated
representative. We invite your comments on this proposed rulemaking.
DATES: Comments and related material must be received by the Coast
Guard on or before June 5, 2025.
ADDRESSES: You may submit comments identified by docket number USCG-
2025-0023 using the Federal Decision-Making 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. This notice of proposed rulemaking
with its plain-language, 100-word-or-less proposed rule summary will be
available in this same docket.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email Lieutenant Zachary Fedak, 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
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 June 27, 2024, an organization notified the Coast Guard that it
will be conducting a Festival of Sail event in Duluth, MN from July 10-
July 13, 2025. Hazards from spectator vessels and the limited
maneuverability of the sailing vessels exist. The Captain of the Port
Duluth (COTP) has determined that potential hazards associated with the
parade of sail would be a safety concern for anyone within the route of
the parade.
The purpose of this rulemaking is to ensure the safety of vessels
and the navigable waters within the parade route before, during, and
after the scheduled event, as well as within a more constrained
designated area for the duration of the multi-day event and
[[Page 21706]]
around each vessel. The Coast Guard is proposing this rulemaking under
authority in 46 U.S.C. 70041.
III. Discussion of Proposed Rule
The COTP is proposing to establish a temporary special local
regulation from 9 a.m. on July 10, 2025 through 9 p.m. on July 13,
2025.
The temporary special local regulation will cover all navigable
waters encompassed within the staging area and parade route from 9 a.m.
to 2 p.m. on July 10, 2025. This will include all waters of Lake
Superior and Duluth Harbor bounded by Rice's Point to the west and
Duluth to the north, and then within the following boundaries:
beginning at position 46[deg]46'48.36'' N, 092[deg]05'16.44'' W; then
across Duluth Harbor and turning north to the Duluth Lift Bridge; then
out the Duluth Harbor Entrance; then northwest back to the north Duluth
Entrance Light, through the canal, then along Minnesota Point; then
entering and encompassing the Minnesota Slip; then back out the slip;
and then back to the starting point. Additionally, the special local
regulation will cover all waters in which the tall ships will be moored
from 9 a.m. on July 10, 2025 through 9 p.m. on July 13, 2025. The zone
will cover all waters encompassed by a projection extending out
southeast from the dock wall along Harbor Drive and southwest from S
Lake Avenue. The regulatory text below provides exact coordinates for
the zones. No vessel or person who is not approved prior to the event
would be permitted to enter the established zones without obtaining
permission from the COTP or a designated representative. The duration
of the zones is intended to ensure the safety of vessels and these
navigable waters before, during, and after the Parade of Sail on July
10, 2025 until the conclusion of the Festival of Sail on July 13, 2025.
The regulatory text we are proposing 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.
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 NPRM has not been designated a ``significant
regulatory action'' under section 3(f) of Executive Order 12866.
Accordingly, the NPRM has not been reviewed by the Office of Management
and Budget (OMB).
This regulatory action determination is based on the availability
of the Superior Harbor entrance as an alternate entry into Superior
Bay, the limited size and short time frame of the special local
regulation, and the estimated number of spectator vessels around the
Duluth Harbor entrance for the event. 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 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
safety zone 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 proposed 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 proposed 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. 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 call or email 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 potential effects of
this proposed rule elsewhere in this preamble.
F. Environment
We have analyzed this proposed 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 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
[[Page 21707]]
the human environment. This proposed rule involves a special local
regulation prohibiting entry within certain zones from 9 a.m. on July
10, 2025, through 9 p.m. on July 13, 2025. Normally such actions are
categorically excluded from further review under paragraph L60(a) and
L61 of Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01,
Rev. 1. A preliminary 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. We
seek any comments or information that may lead to the discovery of a
significant environmental impact from this proposed rule.
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.
Submitting comments. We encourage you to submit comments through
the Federal Decision-Making Portal at https://www.regulations.gov. To
do so, go to https://www.regulations.gov, type USCG-2025-0023 in the
search box and click ``Search.'' Next, look for this document in the
Search Results column, and click on it. Then click on the Comment
option. If you cannot submit your material by using https://www.regulations.gov, call or email the person in the FOR FURTHER
INFORMATION CONTACT section of this proposed rule for alternate
instructions.
Viewing material in docket. To view documents mentioned in this
proposed rule as being available in the docket, find the docket as
described in the previous paragraph, and then select ``Supporting &
Related Material'' in the Document Type column. Public comments will
also be placed in our online docket and can be viewed by following
instructions on the https://www.regulations.gov Frequently Asked
Questions web page. Also, if you click on the Dockets tab and then the
proposed rule, you should see a ``Subscribe'' option for email alerts.
The option will notify you when comments are posted, or a final rule is
published.
We review all comments received, but we will only post comments
that address the topic of the proposed rule. We may choose not to post
off-topic, inappropriate, or duplicate comments that we receive.
Personal information. We accept anonymous comments. Comments we
post to https://www.regulations.gov will include any personal
information you have provided. For more about privacy and submissions
to the docket in response to this document, see DHS's eRulemaking
System of Records notice (85 FR 14226, March 11, 2020).
List of Subjects in 33 CFR Part 100
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways
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.T09-0023 to read as follows:
Sec. 100.T09-0023 Special Local Regulations; Festival of Sail Duluth
2025 Parade of Sail, Duluth, MN.
(a) Regulated areas. The following regulated areas are established
as a special local regulation. All geographic coordinates are North
American Datum of 1983 (NAD 83).
(1) The Parade of Sail Area. 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 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.
(2) The Festival Grounds Area. All waters of Duluth Harbor from
starting point 46[deg]46'52.02'' N, 092[deg]05'43.98'' W to
46[deg]46'46.98'' N, 092[deg]05'40.98'' W along the shore; then in a
straight line through the water to 46[deg]46'40.02'' N,
092[deg]05'05.40'' W; then in a straight line through the water to the
shore to 46[deg]46'43.02'' N, 092[deg]05'57.00'' W; then along the
shore to 46[deg]46'52.02'' N, 092[deg]05'46.02'' W; then in a straight
line through the water back to the starting point.
(b) Definitions. As used in this section--
Designated representative means a Coast Guard Patrol Commander,
including a Coast Guard coxswain, petty officer, or other officer
operating a Coast Guard vessel and a Federal, State, and local officer
designated by or assisting the Captain of the Port Duluth (COTP) in the
enforcement of the regulations in this section.
Participant means all persons and vessels registered with the event
sponsor as a participant in the Festival of Sail.
(c) Regulations. (1) All non-participants are prohibited from
entering, transiting through, anchoring in, or remaining within the
regulated area described in paragraph (a)(1) and (2) of this section
unless authorized by the Captain of the Port (COTP) Duluth or their
designated representative.
(2) To seek permission to enter, contact the COTP or the COTP's
representative by VHF radio on channel 16. Those in the regulated area
must comply with all lawful orders or directions given to them by the
COTP or the designated representative.
(3) The COTP will provide notice of the regulated area through
advanced notice via Local Notice to Mariners and Broadcast Notice to
Mariners. Notice will also be provided by on-scene designated
representatives.
(4) 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 to 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.
ii. Vessels and persons will not be permitted to impede the Parade
of Sail area from 9 a.m. through 2 p.m. on July 10, 2025, once it has
commenced, as the tall ships are extremely limited in their ability to
maneuver.
(d) Enforcement period. The Festival Grounds Area will be enforced
from 9 a.m. on July 10, 2025, through 9 p.m. on July 13, 2025. The
Parade of Sail Area
[[Page 21708]]
will be enforced from 9 a.m. through 2 p.m. on July 10, 2025.
J.P. Botti,
Commander, U.S. Coast Guard, Captain of the Port Duluth.
[FR Doc. 2025-09149 Filed 5-20-25; 8:45 am]
BILLING CODE 9110-04-P