[Federal Register Volume 90, Number 113 (Friday, June 13, 2025)]
[Rules and Regulations]
[Pages 24974-24977]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-10766]
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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: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary special local
regulation for certain waters of the Duluth Harbor entrance to Superior
Bay on Lake Superior. This action is necessary to provide for the
safety of life on these navigable waters near Duluth, MN during the
Festival of Sail 2025 event beginning on July 10, 2025, and ending the
evening of July 13, 2025. This regulation prohibits persons and vessels
from being in the safety zone unless authorized by the Captain of the
Port Duluth or a designated representative.
DATES: This rule is effective from 9 a.m. on July 10, 2025, through 9
p.m. on July 13, 2025.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2025-0023 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 Lieutenant Zachary Fedak, Marine Safety Unit Duluth, U.S.
Coast Guard; telephone 218-522-0708, 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
[[Page 24975]]
II. Background Information and Regulatory History
On June 27, 2024, an organization notified the Coast Guard that
from 9 a.m. on July 10, 2025, though 9 p.m. on July 13, 2025, it will
be conducting a Festival of Sail Event in Duluth, MN. In response, on
May 21, 2025, the Coast Guard published a notice of proposed rulemaking
(NPRM) titled, ``Special Local Regulation; Duluth Harbor, Duluth, MN.''
\1\ 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 6, 2025, we received 1 comment.
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\1\ 90 FR 21705.
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III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under the authority in 46
U.S.C. 70041. The Captain of the Port (COTP) Duluth has determined that
potential hazards associated with the Festival of Sail to on July 10,
2025, through July 13, 2025, will be a safety concern for anyone the
parade route and festival grounds. The purpose of this rule is to
ensure safety of vessels and the navigable waters in the special local
regulation zone before, during, and after the scheduled event.
IV. Discussion of Comments, Changes, and the Rule
As noted above, we received 1 comment on our NPRM which published
on May 21, 2025. The comment did not pertain to the proposed rule, the
Festival of Sail event, or any aspect of maritime safety or navigation.
As such, the comment was deemed unrelated to the proposed rule.
However, we have made two revisions to the regulatory text based on
internal review and updated operational planning. First, the
coordinates defining the special local regulation zone for the Parade
of Sail Area were amended to correct discrepancies identified during
chart and geographic verification. Second, the boundaries of the
Festival Grounds Area were adjusted to reflect increased dock space
availability, allowing for a more accurate delineation of where
participating vessels will be moored during the event. These changes
are intended to improve clarity, accuracy, and operational
effectiveness without altering the purpose or overall impact of the
rule.
This rule establishes 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]46'36.00'' N, 092[deg]06'07.02'' W; then across Duluth Harbor
and following the shoreline toward the Duluth Aerial Lift Bridge; then
out the Duluth Harbor Entrance; then northwest and then back to the
north Duluth Harbor Entrance; then following the shoreline and turning
northwest once beyond the Duluth Aerial Lift Bridge; then crossing the
slip; and then back to the starting point. Additionally, the temporary
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 regulated area 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. The duration of the regulated
area is intended to ensure the safety of vessels and these navigable
waters before, during, and after the scheduled Parade of Sail on July
10, 2025, until the conclusion of the Festival of Sail on July 13,
2025. 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.
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.
A. Regulatory Planning and Review
Executive Orders 12866 (Regulatory Planning and Review) and 13563
(Improving Regulation and Regulatory Review) 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.
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, OMB has not reviewed it.
This regulatory action determination is based on the size,
location, duration and time of day of the regulated area. Vessel
traffic will be able to safely transit around the special local
regulation zones by means of the Superior Harbor entrance as an
alternate entry into Superior Bay, and by means of the Duluth Harbor
entrance after the conclusion of the Parade of Sail at 1 p.m. on July
10, 2025. Additionally, this determination was made based on 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. Moreover, the Coast Guard will issue a
Broadcast Notice to Mariners via VHF-FM marine channel 16 about the
zone, and the rule will 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 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 will 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
[[Page 24976]]
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
special local regulation prohibiting entry within certain zones from 9
a.m. on July 10, 2025, through 9 p.m. on July 13, 2025. It is
categorically excluded from further review under paragraph L61 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.
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 amends
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 Regulation; Festival of Sail Duluth
2025 Parade of Sail, Duluth, MN.
(a) Regulated areas. The regulations in this section apply to the
following areas. 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]46'36.00'' N, 092[deg]06'07.02'' W, across Duluth Harbor to
46[deg]46'31.98'' N, 092[deg]05'37.98'' W, then following the shoreline
toward the Duluth Aerial Lift Bridge to 46[deg]46'42.00'' N,
092[deg]05'33.00'' W, out the Duluth Harbor Entrance to
46[deg]46'58.02'' N, 092[deg]04'36.00'' W, then northwest to
46[deg]47'04.98'' N, 092[deg]04'40.98'' W, back to the north Duluth
Harbor Entrance at 46[deg]46'45.00'' N, 092[deg]05'34.98'' W, following
the shoreline to 46[deg]46'45.00'' N, 092[deg]05'39.00'' W, then
turning northwest to 46[deg]46'52.98'' N, 092[deg]05'45.00'' W,
crossing the slip to 46[deg]46'43.02'' N, 092[deg]05'57.00'' W, and
running along the shoreline back to the starting point.
(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]46'37.98'' N,
092[deg]05'58.02'' W; then in a straight line through the water to the
shore to 46[deg]46'40.98'' N, 092[deg]06'01.02'' 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 paragraphs (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
[[Page 24977]]
a.m. on July 10, 2025, through 9 p.m. on July 13, 2025. The Parade of
Sail Area will be enforced from 9 a.m. through 2 p.m. on July 10, 2025.
Dated: June 6, 2025.
John P. Botti,
Commander, U.S. Coast Guard, Captain of the Port, Marine Safety Unit
Duluth.
[FR Doc. 2025-10766 Filed 6-12-25; 8:45 am]
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