80 FR 32321 - Safety Zones; Recurring Events in Captain of the Port Duluth Zone

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 80, Issue 109 (June 8, 2015)

Page Range		32321-32324
FR Document		2015-13932

The Coast Guard proposes to amend its safety zones regulations for annual events in the Captain of the Port Duluth Zone. This proposed rule would update the locations for two safety zones, add two safety zones, and modify the format of the regulation to list the annual events and corresponding safety zones in table form. These proposed amendments will protect spectators, participants, and vessels from the hazards associated with annual marine events and improve the clarity and readability of the regulations.

Federal Register, Volume 80 Issue 109 (Monday, June 8, 2015)

[Federal Register Volume 80, Number 109 (Monday, June 8, 2015)]
[Proposed Rules]
[Pages 32321-32324]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2015-13932]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR PART 165

[Docket No. USCG-2015-0215]
RIN 1625-AA00

Safety Zones; Recurring Events in Captain of the Port Duluth Zone

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to amend its safety zones regulations
for annual events in the Captain of the Port Duluth Zone. This proposed
rule would update the locations for two safety zones, add two safety
zones, and modify the format of the regulation to list the annual
events and corresponding safety zones in table form. These proposed
amendments will protect spectators, participants, and vessels from the
hazards associated with annual marine events and improve the clarity
and readability of the regulations.

DATES: Comments and related material must be received by the Coast
Guard on or before July 8, 2015.

ADDRESSES: You may submit comments identified by docket number USCG-
2015-0215 using any one of the following methods:
(1) Federal eRulemaking Portal: http://www.regulations.gov.
(2) Fax: 202-493-2251.
(3) Mail and Hand Delivery: Docket Management Facility (M-30), U.S.
Department of Transportation, West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE., Washington, DC 20590. Hand Deliveries will
be accepted between 9 a.m. and 5 p.m., Monday through Friday, except on
Federal holidays. The telephone number is 202-366-9329.
See the ``Public Participation and Request for Comments'' portion
of the SUPPLEMENTARY INFORMATION section below for further instructions
on submitting comments. To avoid duplication, please use only one of
these three methods.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Chief Aaron Woof, Marine Safety Unit Duluth, U.S. Coast
Guard; telephone (218) 725-3821 or by email Aaron.M.Woof@uscg.mil. If
you have questions on viewing or submitting material to the docket,
call Cheryl Collins, Program Manager, Docket Operations, telephone
(202) 366-9826.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

A. Public Participation and Request for Comments

We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted
without change to http://www.regulations.gov and will include any
personal information you have provided.

1. Submitting Comments

If you submit a comment, please include the docket number for this
rulemaking (USCG-2015-0215), indicate the specific section of this
document to which each comment applies, and provide a reason for each
suggestion or recommendation. You may submit your comments and material
online at http://www.regulations.gov or by fax, mail, or hand delivery,
but please use only one of these means. If you submit a comment it will
be considered received by the Coast Guard when you successfully
transmit the comment. If you fax, hand deliver, or mail your comment,
it will be considered as having been received by the Coast Guard when
it is received at the Docket Management Facility.
We recommend that you include your name and a mailing address,
email address, or telephone number in the body of your document so that
we can contact you if we have questions regarding your submission.
To submit your comment online, go to http://www.regulations.gov,
type the docket number USCG-2015-0215 in the ``SEARCH'' box and click
``SEARCH''. Click on the comment box in the row listing this NPRM.
If you submit your comment by mail or hand delivery, submit them in
an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit your comment by mail and
would like to verify that they have reached the Docket Management
Facility, please enclose a stamped, self-addressed postcard or envelope
and it will be returned to you. We will consider all comments and
material received during the comment period and may change the proposed
rule based on your comments.

2. Viewing Comments and Documents

To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov,
type the docket number USCG-2015-0215 in the ``SEARCH'' box and click
``SEARCH''. Click on ``Open Docket Folder'' on the line associated with
this rulemaking. You may also visit the Document Management Facility in
Room W12-140 on the ground floor of the U.S. Department of
Transportation West Building, 1200 New Jersey Avenue SE., Washington,
DC 20590 between 9 a.m. and 5 p.m., Monday through Friday, except on
Federal holidays.

3. Privacy Act

Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment if submitted on

[[Page 32322]]

behalf of an associated, business, labor union, etc.). You may review a
Privacy Act notice regarding our public dockets in the January 17, 2008
issue of the Federal Register (73 FR 3316).

4. Public Meeting

We do not currently plan to hold a public meeting. You may submit a
request for one by using one of the three methods specified under
ADDRESSES. Please explain why you believe a public meeting would be
beneficial. If we determine that one would aid this rulemaking, we will
hold one at a time and place announced by a later notice in the Federal
Register.

B. Regulatory History and Information

On May 31, 2013, the Coast Guard published an NPRM in the Federal
Register (78 FR 32608) entitled ``Recurring Events in the Captain of
the Port Duluth Zone.'' The NPRM proposed to establish 8 permanent
safety zones for annually recurring events in the Captain of the Port
Duluth Zone under 33 CFR 165.943. The NPRM was open for comment for 30
days.
On August 12, 2013 the Coast Guard published the Final Rule in the
Federal Register (78 FR 48802) after receiving no comments on the NPRM.
Through this proposed rule, the Coast Guard seeks to update Sec.
165.943.

C. Basis and Purpose

The legal basis for this proposed rule is the Coast Guard's
authority to establish safety zones: 33 U.S.C. 1231; 33 CFR 1.05-1,
160.5; Department of Homeland Security Delegation No. 0170.1.
This proposed rule would update the location for two safety zones
for annual events, add two new permanent safety zones for recurring
fireworks displays, and modify the format of Sec. 165.943 to list
annual events and corresponding safety zones in table form. These
changes are necessary to protect spectators, participants, and vessels
from the hazards associated with annual marine events, and to improve
the overall clarity and readability of the rule. These hazards related
to the annual events include obstructions to the waterway that may
result in marine casualties; explosive danger and flaming debris
falling into the water from fireworks; and large congregations of
vessels and waterborne spectators in the vicinity of the annual events.
This proposed rule will also arrange the safety zones listed in
Sec. 165.943 into a table sorted in ascending order of event date.
This change in format is intended to improve clarity and readability
and to reduce redundancy in the regulation.
Finally, this proposed rule clarifies that the enforcement dates
and times for each safety zone listed in Table 165.943 is subject to
change. While the events are anticipated to annually recur on certain
dates, factors, to include inclement weather, may result in
postponement. In the event of a postponement, the Coast Guard will
issue a Notice of Enforcement with updated enforcement dates and times,
and corresponding Broadcast Notice to Mariners for on scene notice.

D. Discussion of Rule

The amendments to this proposed rule are necessary to ensure the
safety of vessels and people during annual events taking place on or
near federally maintained waterways in the Captain of the Port Duluth
Zone. Although this proposed rule will be in effect year-round, the
specific safety zones listed in Table 165.943 will only be enforced
during a specified period of time when the event is on-going.
When a Notice of Enforcement for a particular safety zone is
published, entry into, transiting through, or anchoring within the
safety zone is prohibited unless authorized by the Captain of the Port
Duluth, or his or her designated representative. The Captain of the
Port Duluth or his or her designated representative can be contacted
via VHF Channel 16. All persons and vessels granted permission to enter
the safety zone must comply with all instructions given by the Captain
of the Port Duluth or his or her designated representative.

E. Regulatory Analyses

We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.

1. Regulatory Planning and Review

This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders. It is not
``significant'' under the regulatory policies and procedures of the
Department of Homeland Security (DHS). We conclude that this rule is
not a significant regulatory action because 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
safety zones created by this rule will be small and enforced for short
periods of time. Under certain conditions, moreover, vessels may still
transit through the safety zone when permitted by the Captain of the
Port Duluth.

2. Impact on Small Entities

The Regulatory Flexibility Act of 1980 (RFA), 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 rule
will not have a significant economic impact on a substantial number of
small entities.
This rule will affect the following entities, some of which might
be small entities: The owners or operators of vessels intending to
transit or anchor in areas designated as safety zones during the dates
and times the safety zones are enforced.
These safety zones will not have a significant economic impact on a
substantial number of small entities for the following reasons: These
safety zones created by this rule will be small and enforced for short
periods of time. Under certain conditions, moreover, vessels may still
transit through the safety zone when permitted by the Captain of the
Port Duluth. Before the enforcement of these safety zones, the Coast
Guard will issue local Broadcast Notice to Mariners so that vessel
owners and operators may plan accordingly.
If you believe 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 to what
degree this rule would economically affect it.

3. Assistance for Small Entities

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 so they can better
evaluate its effects on them and participate in this rulemaking.

[[Page 32323]]

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 Chief Aaron Woof,
Marine Safety Unit Duluth, U.S. Coast Guard; telephone (218) 725-3821
or by email Aaron.M.Woof@uscg.mil. 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.

4. 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).

5. Federalism

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 determined
that this rule does not have implications for federalism.

6. 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.

7. Taking of Private Property

This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.

8. Civil Justice Reform

This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.

9. Protection of Children

We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.

10. Indian Tribal Governments

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.

11. Energy Effects

This action is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.

12. Technical Standards

This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.

13. Environment

We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA)(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. An environmental analysis checklist supporting this
determination is available in the docket where indicated under
ADDRESSES. This proposed rule involves the establishment of a safety
zone and is therefore categorically excluded under paragraph 34(g) of
Figure 2-1 of the Commandant Instruction. We seek any comments or
information that may lead to the discovery of a significant
environmental impact from this rule.

List of Subjects in 33 CFR Part 165

Harbors, Marine safety, Navigation (water), Reporting and record
keeping requirements, Security measures, Waterways.

For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR parts 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: 33 U.S.C. 1231; 46 U.S.C. Chapters 701, 3306, 3703;
50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Pub.
L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.

0
2. Revise Sec. 165.943 to read as follows:

Sec. 165.943 Safety Zones; Recurring Events in Captain of the Port
Duluth Zone.

(a) Regulations. The following regulations apply to the safety
zones listed in Table 165.943 of this section:
(1) The Coast Guard will provide advance notice of the enforcement
date and time of the safety zone being enforced in Table 165.943, by
issuing a Notice of Enforcement, as well as, a Broadcast Notice to
Mariners.
(2) During the enforcement period, the general regulations found in
Sec. 165.23 shall apply.
(b) Contacting the Captain of the Port. While a safety zone listed
in this section is enforced, the Captain of the Port Duluth or his or
her 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 or her on-scene representative.
(c) Exemption. Public vessels, defined as any vessel owned or
operated by the United States or by State or local governments,
operating in an official capacity are exempted from the requirements of
this section.

Table 165.943
[Datum NAD 1983]
----------------------------------------------------------------------------------------------------------------
Event Location Event date
----------------------------------------------------------------------------------------------------------------
(1) Bridgefest Regatta Fireworks Display All waters of the Keweenaw Waterway in Mid June.
Hancock, MI within the arc of a circle
with a radius of no more than 1,120 feet
from the launch site at position
47[deg]07'22'' N., 088[deg]35'39'' W.
(2) Ashland 4th of July Fireworks All waters of Chequamegon Bay in Ashland, On or around July 4th.
Display. WI within the arc of a circle with a
radius of no more than 1,120 feet from
the launch site at position
46[deg]35'50'' N., 090[deg]52'59'' W.

[[Page 32324]]

(3) City of Bayfield 4th of July All waters of the Lake Superior North On or around July 4th.
Fireworks Display. Channel in Bayfield, WI within the arc of
a circle with a radius of no more than
1,120 feet from the launch site at
position 46[deg]48'39'' N.,
090[deg]48'35'' W.
(4) Cornucopia 4th of July Fireworks All waters of Siskiwit Bay in Cornucopia, On or around July 4th.
Display. WI within the arc of a circle with a
radius of no more than 1,120 feet from
the launch site at position
46[deg]51'35'' N., 091[deg]06'13'' W.
(5) Duluth 4th Fest Fireworks Display... All waters of the Duluth Harbor Basin, On or around July 4th.
Northern Section in Duluth, MN within the
arc of a circle with a radius of no more
than 1,120 feet from the launch site at
position 46[deg]46'14'' N.,
092[deg]06'16'' W.
(6) LaPointe 4th of July Fireworks All waters of Lake Superior in LaPointe, On or around July 4th.
Display. WI within the arc of a circle with a
radius of no more than 1,120 feet from
the launch site at position
46[deg]46'40'' N., 090[deg]47'22'' W.
(7) Two Harbors 4th of July Fireworks All waters of Agate Bay in Two Harbors, MN On or around July 4th.
Display. within the arc of a circle with a radius
of no more than 1,120 feet from the
launch site at position 46[deg]46'40''
N., 090[deg]47'22'' W.
(8) Point to LaPointe Swim.............. All waters of the Lake Superior North Early August.
Channel between Bayfield and LaPointe, WI
within an imaginary line created by the
following coordinates: 46[deg]48'50'' N.,
090[deg]48'44'' W., moving southeast to
46[deg]46'44'' N., 090[deg]47'33'' W.,
then moving northeast to 46[deg]46'52''
N., 090[deg]47'17'' W., then moving
northwest to 46[deg]49'03'' N.,
090[deg]48'25'' W., and finally returning
to the starting position.
(9) Lake Superior Dragon Boat Festival All waters of Superior Bay in Superior, WI Late August.
Fireworks Display. within the arc of a circle with a radius
of no more than 1,120 feet from the
launch site at position 46[deg]43'23''
N., 092[deg]03'45'' W.
(10) Superior Man Triathlon............. All waters of the Duluth Harbor Basin, Late August.
Northern Section in Duluth, MN within an
imaginary line created by the following
coordinates: 46[deg]46'36'' N.,
092[deg]06'06'' W., moving southeast to
46[deg]46'32'' N., 092[deg]06'01'' W.,
then moving northeast to 46[deg]46'45''
N., 092[deg]05'45'' W., then moving
northwest to 46[deg]46'49'' N.,
092[deg]05'49'' W., and finally returning
to the starting position.
----------------------------------------------------------------------------------------------------------------

Dated: May 4, 2015
A.H. Moore, JR.,
Commander, U.S. Coast Guard, Captain of the Port Duluth.
[FR Doc. 2015-13932 Filed 6-5-15; 8:45 am]
BILLING CODE 9110-04-P

32322 Federal Register / Vol. 80, No. 109 / Monday, June 8, 2015 / Proposed Rules

behalf of an associated, business, labor readability and to reduce redundancy in a significant regulatory action because
union, etc.). You may review a Privacy the regulation. we anticipate that it will have minimal
Act notice regarding our public dockets Finally, this proposed rule clarifies impact on the economy, will not
in the January 17, 2008 issue of the that the enforcement dates and times for interfere with other agencies, will not
Federal Register (73 FR 3316). each safety zone listed in Table 165.943 adversely alter the budget of any grant
is subject to change. While the events or loan recipients, and will not raise any
4. Public Meeting are anticipated to annually recur on novel legal or policy issues. The safety
We do not currently plan to hold a certain dates, factors, to include zones created by this rule will be small
public meeting. You may submit a inclement weather, may result in and enforced for short periods of time.
request for one by using one of the three postponement. In the event of a Under certain conditions, moreover,
methods specified under ADDRESSES. postponement, the Coast Guard will vessels may still transit through the
Please explain why you believe a public issue a Notice of Enforcement with safety zone when permitted by the
meeting would be beneficial. If we updated enforcement dates and times, Captain of the Port Duluth.
determine that one would aid this and corresponding Broadcast Notice to
2. Impact on Small Entities
rulemaking, we will hold one at a time Mariners for on scene notice.
and place announced by a later notice The Regulatory Flexibility Act of 1980
D. Discussion of Rule (RFA), 5 U.S.C. 601–612, as amended,
in the Federal Register.
The amendments to this proposed requires federal agencies to consider the
B. Regulatory History and Information rule are necessary to ensure the safety potential impact of regulations on small
On May 31, 2013, the Coast Guard of vessels and people during annual entities during rulemaking. The term
published an NPRM in the Federal events taking place on or near federally ‘‘small entities’’ comprises small
Register (78 FR 32608) entitled maintained waterways in the Captain of businesses, not-for-profit organizations
‘‘Recurring Events in the Captain of the the Port Duluth Zone. Although this that are independently owned and
Port Duluth Zone.’’ The NPRM proposed rule will be in effect year- operated and are not dominant in their
proposed to establish 8 permanent round, the specific safety zones listed in fields, and governmental jurisdictions
safety zones for annually recurring Table 165.943 will only be enforced with populations of less than 50,000.
events in the Captain of the Port Duluth during a specified period of time when The Coast Guard certifies under 5 U.S.C.
Zone under 33 CFR 165.943. The NPRM the event is on-going. 605(b) that this rule will not have a
was open for comment for 30 days. When a Notice of Enforcement for a significant economic impact on a
particular safety zone is published, substantial number of small entities.
On August 12, 2013 the Coast Guard
entry into, transiting through, or This rule will affect the following
published the Final Rule in the Federal
anchoring within the safety zone is entities, some of which might be small
Register (78 FR 48802) after receiving
prohibited unless authorized by the entities: The owners or operators of
no comments on the NPRM. Through
Captain of the Port Duluth, or his or her vessels intending to transit or anchor in
this proposed rule, the Coast Guard
designated representative. The Captain areas designated as safety zones during
seeks to update § 165.943.
of the Port Duluth or his or her the dates and times the safety zones are
C. Basis and Purpose designated representative can be enforced.
contacted via VHF Channel 16. All These safety zones will not have a
The legal basis for this proposed rule significant economic impact on a
is the Coast Guard’s authority to persons and vessels granted permission
to enter the safety zone must comply substantial number of small entities for
establish safety zones: 33 U.S.C. 1231; the following reasons: These safety
33 CFR 1.05–1, 160.5; Department of with all instructions given by the
Captain of the Port Duluth or his or her zones created by this rule will be small
Homeland Security Delegation No. and enforced for short periods of time.
0170.1. designated representative.
Under certain conditions, moreover,
This proposed rule would update the E. Regulatory Analyses vessels may still transit through the
location for two safety zones for annual We developed this rule after safety zone when permitted by the
events, add two new permanent safety considering numerous statutes and Captain of the Port Duluth. Before the
zones for recurring fireworks displays, executive orders related to rulemaking. enforcement of these safety zones, the
and modify the format of § 165.943 to Below we summarize our analyses Coast Guard will issue local Broadcast
list annual events and corresponding based on 13 of these statutes or Notice to Mariners so that vessel owners
safety zones in table form. These executive orders. and operators may plan accordingly.
changes are necessary to protect If you believe that your business,
spectators, participants, and vessels 1. Regulatory Planning and Review
organization, or governmental
from the hazards associated with annual This rule is not a significant jurisdiction qualifies as a small entity
marine events, and to improve the regulatory action under section 3(f) of and that this proposed rule would have
overall clarity and readability of the Executive Order 12866, Regulatory a significant economic impact on it,
rule. These hazards related to the Planning and Review, as supplemented please submit a comment (see
annual events include obstructions to by Executive Order 13563, Improving ADDRESSES) explaining why you think it
the waterway that may result in marine Regulation and Regulatory Review, and qualifies and to what degree this rule
casualties; explosive danger and flaming does not require an assessment of would economically affect it.
debris falling into the water from potential costs and benefits under
mstockstill on DSK4VPTVN1PROD with PROPOSALS

fireworks; and large congregations of section 6(a)(3) of Executive Order 12866 3. Assistance for Small Entities
vessels and waterborne spectators in the or under section 1 of Executive Order Under section 213(a) of the Small
vicinity of the annual events. 13563. The Office of Management and Business Regulatory Enforcement
This proposed rule will also arrange Budget has not reviewed it under those Fairness Act of 1996 (Pub. L. 104–121),
the safety zones listed in § 165.943 into Orders. It is not ‘‘significant’’ under the we want to assist small entities in
a table sorted in ascending order of regulatory policies and procedures of understanding this proposed rule so
event date. This change in format is the Department of Homeland Security they can better evaluate its effects on
intended to improve clarity and (DHS). We conclude that this rule is not them and participate in this rulemaking.

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Federal Register / Vol. 80, No. 109 / Monday, June 8, 2015 / Proposed Rules 32323

If the rule would affect your small minimize litigation, eliminate paragraph 34(g) of Figure 2–1 of the
business, organization, or governmental ambiguity, and reduce burden. Commandant Instruction. We seek any
jurisdiction and you have questions comments or information that may lead
9. Protection of Children
concerning its provisions or options for to the discovery of a significant
compliance, please contact Chief Aaron We have analyzed this rule under environmental impact from this rule.
Woof, Marine Safety Unit Duluth, U.S. Executive Order 13045, Protection of
Children from Environmental Health List of Subjects in 33 CFR Part 165
Coast Guard; telephone (218) 725–3821
or by email Aaron.M.Woof@uscg.mil. Risks and Safety Risks. This rule is not Harbors, Marine safety, Navigation
The Coast Guard will not retaliate an economically significant rule and (water), Reporting and record keeping
against small entities that question or does not create an environmental risk to requirements, Security measures,
complain about this rule or any policy health or risk to safety that may Waterways.
or action of the Coast Guard. disproportionately affect children. For the reasons discussed in the
4. Collection of Information 10. Indian Tribal Governments preamble, the Coast Guard proposes to
This rule does not have tribal amend 33 CFR parts 165 as follows:
This rule will not call for a new
collection of information under the implications under Executive Order PART 165—REGULATED NAVIGATION
Paperwork Reduction Act of 1995 (44 13175, Consultation and Coordination AREAS AND LIMITED ACCESS AREAS
U.S.C. 3501–3520). with Indian Tribal Governments,
because it does not have a substantial ■ 1. The authority citation for Part 165
5. Federalism direct effect on one or more Indian continues to read as follows:
A rule has implications for federalism tribes, on the relationship between the
Authority: 33 U.S.C. 1231; 46 U.S.C.
under Executive Order 13132, Federal Government and Indian tribes, Chapters 701, 3306, 3703; 50 U.S.C. 191, 195;
Federalism, if it has a substantial direct or on the distribution of power and 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
effect on the States, on the relationship responsibilities between the Federal Pub. L. 107–295, 116 Stat. 2064; Department
between the national government and Government and Indian tribes. of Homeland Security Delegation No. 0170.1.
the States, or on the distribution of
11. Energy Effects ■ 2. Revise § 165.943 to read as follows:
power and responsibilities among the
various levels of government. We have This action is not a ‘‘significant § 165.943 Safety Zones; Recurring Events
analyzed this rule under that Order and energy action’’ under Executive Order in Captain of the Port Duluth Zone.
determined that this rule does not have 13211, Actions Concerning Regulations
(a) Regulations. The following
implications for federalism. That Significantly Affect Energy Supply,
regulations apply to the safety zones
Distribution, or Use.
6. Unfunded Mandates Reform Act listed in Table 165.943 of this section:
12. Technical Standards (1) The Coast Guard will provide
The Unfunded Mandates Reform Act
This rule does not use technical advance notice of the enforcement date
of 1995 (2 U.S.C. 1531–1538) requires
standards. Therefore, we did not and time of the safety zone being
Federal agencies to assess the effects of
consider the use of voluntary consensus enforced in Table 165.943, by issuing a
their discretionary regulatory actions. In
standards. Notice of Enforcement, as well as, a
particular, the Act addresses actions
Broadcast Notice to Mariners.
that may result in the expenditure by a 13. Environment
State, local, or tribal government, in the (2) During the enforcement period, the
aggregate, or by the private sector of We have analyzed this rule under general regulations found in § 165.23
$100,000,000 (adjusted for inflation) or Department of Homeland Security shall apply.
more in any one year. Though this rule Management Directive 023–01 and (b) Contacting the Captain of the Port.
will not result in such an expenditure, Commandant Instruction M16475.lD, While a safety zone listed in this section
we do discuss the effects of this rule which guide the Coast Guard in is enforced, the Captain of the Port
elsewhere in this preamble. complying with the National Duluth or his or her on-scene
Environmental Policy Act of 1969 representative may be contacted via
7. Taking of Private Property (NEPA)(42 U.S.C. 4321–4370f), and VHF Channel 16. Vessel operators given
This rule will not cause a taking of have determined that this action is one permission to enter or operate in the
private property or otherwise have of a category of actions that do not safety zone must comply with all
taking implications under Executive individually or cumulatively have a directions given to them by the Captain
Order 12630, Governmental Actions and significant effect on the human of the Port Duluth, or his or her on-
Interference with Constitutionally environment. An environmental scene representative.
Protected Property Rights. analysis checklist supporting this (c) Exemption. Public vessels, defined
determination is available in the docket as any vessel owned or operated by the
8. Civil Justice Reform where indicated under ADDRESSES. This United States or by State or local
This rule meets applicable standards proposed rule involves the governments, operating in an official
in sections 3(a) and 3(b)(2) of Executive establishment of a safety zone and is capacity are exempted from the
Order 12988, Civil Justice Reform, to therefore categorically excluded under requirements of this section.

TABLE 165.943
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[Datum NAD 1983]

Event Location Event date

(1) Bridgefest Regatta Fire- All waters of the Keweenaw Waterway in Hancock, MI within the arc of a circle with a radius Mid June.
works Display. of no more than 1,120 feet from the launch site at position 47°07′22″ N., 088°35′39″ W.
(2) Ashland 4th of July Fire- All waters of Chequamegon Bay in Ashland, WI within the arc of a circle with a radius of no On or around
works Display. more than 1,120 feet from the launch site at position 46°35′50″ N., 090°52′59″ W. July 4th.

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32324 Federal Register / Vol. 80, No. 109 / Monday, June 8, 2015 / Proposed Rules

TABLE 165.943—Continued
[Datum NAD 1983]

Event Location Event date

(3) City of Bayfield 4th of July All waters of the Lake Superior North Channel in Bayfield, WI within the arc of a circle with a On or around
Fireworks Display. radius of no more than 1,120 feet from the launch site at position 46°48′39″ N., July 4th.
090°48′35″ W.
(4) Cornucopia 4th of July Fire- All waters of Siskiwit Bay in Cornucopia, WI within the arc of a circle with a radius of no On or around
works Display. more than 1,120 feet from the launch site at position 46°51′35″ N., 091°06′13″ W. July 4th.
(5) Duluth 4th Fest Fireworks All waters of the Duluth Harbor Basin, Northern Section in Duluth, MN within the arc of a cir- On or around
Display. cle with a radius of no more than 1,120 feet from the launch site at position 46°46′14″ N., July 4th.
092°06′16″ W.
(6) LaPointe 4th of July Fire- All waters of Lake Superior in LaPointe, WI within the arc of a circle with a radius of no On or around
works Display. more than 1,120 feet from the launch site at position 46°46′40″ N., 090°47′22″ W. July 4th.
(7) Two Harbors 4th of July All waters of Agate Bay in Two Harbors, MN within the arc of a circle with a radius of no On or around
Fireworks Display. more than 1,120 feet from the launch site at position 46°46′40″ N., 090°47′22″ W. July 4th.
(8) Point to LaPointe Swim ....... All waters of the Lake Superior North Channel between Bayfield and LaPointe, WI within an Early August.
imaginary line created by the following coordinates: 46°48′50″ N., 090°48′44″ W., moving
southeast to 46°46′44″ N., 090°47′33″ W., then moving northeast to 46°46′52″ N.,
090°47′17″ W., then moving northwest to 46°49′03″ N., 090°48′25″ W., and finally return-
ing to the starting position.
(9) Lake Superior Dragon Boat All waters of Superior Bay in Superior, WI within the arc of a circle with a radius of no more Late August.
Festival Fireworks Display. than 1,120 feet from the launch site at position 46°43′23″ N., 092°03′45″ W.
(10) Superior Man Triathlon ...... All waters of the Duluth Harbor Basin, Northern Section in Duluth, MN within an imaginary Late August.
line created by the following coordinates: 46°46′36″ N., 092°06′06″ W., moving southeast
to 46°46′32″ N., 092°06′01″ W., then moving northeast to 46°46′45″ N., 092°05′45″ W.,
then moving northwest to 46°46′49″ N., 092°05′49″ W., and finally returning to the starting
position.

Dated: May 4, 2015 enforcement of each NAAQS 5. Hand Delivery or Courier: Lynorae
A.H. Moore, JR., promulgated by EPA, which is Benjamin, Chief, Air Regulatory
Commander, U.S. Coast Guard, Captain of commonly referred to as an Management Section (formerly
the Port Duluth. ‘‘infrastructure’’ SIP. SC DHEC certified Regulatory Development Section), Air
[FR Doc. 2015–13932 Filed 6–5–15; 8:45 am] that the South Carolina SIP contains Planning and Implementation Branch,
BILLING CODE 9110–04–P provisions that ensure the 2008 Lead Air, Pesticides and Toxics Management
NAAQS is implemented, enforced, and Division, U.S. Environmental Protection
maintained in South Carolina. With the Agency, Region 4, 61 Forsyth Street
ENVIRONMENTAL PROTECTION exception of provisions pertaining to SW., Atlanta, Georgia 30303–8960. Such
AGENCY prevention of significant deterioration deliveries are only accepted during the
(PSD) permitting for which EPA is Regional Office’s normal hours of
40 CFR Part 52 proposing no action through this notice, operation. The Regional Office’s official
[EPA–R04–OAR–2012–0852; FRL–9928–85–
EPA is proposing to approve that South hours of business are Monday through
Region 4] Carolina’s infrastructure SIP Friday, 8:30 to 4:30, excluding Federal
submission, provided to EPA on holidays.
Approval and Promulgation of September 20, 2011, satisfies the Instructions: Direct your comments to
Implementation Plans; South Carolina; required infrastructure elements for the Docket ID No. EPA–R04–OAR–2012–
Infrastructure Requirements for the 2008 Lead NAAQS. 0852. EPA’s policy is that all comments
2008 Lead National Ambient Air Quality DATES: Written comments must be received will be included in the public
Standards received on or before July 8, 2015. docket without change and may be
AGENCY: Environmental Protection ADDRESSES: Submit your comments, made available online at
Agency (EPA). identified by Docket ID No. EPA–R04– www.regulations.gov, including any
ACTION: Proposed rule. OAR–2012–0852, by one of the personal information provided, unless
following methods: the comment includes information
SUMMARY: The Environmental Protection claimed to be Confidential Business
Agency (EPA) is proposing to approve 1. www.regulations.gov: Follow the Information (CBI) or other information
the September 20, 2011, State on-line instructions for submitting whose disclosure is restricted by statute.
Implementation Plan (SIP) submission, comments. Do not submit through
provided by the South Carolina 2. Email: R4–ARMS@epa.gov. www.regulations.gov or email,
Department of Health and 3. Fax: (404) 562–9019. information that you consider to be CBI
Environmental Control (SC DHEC) for 4. Mail: ‘‘EPA–R04–OAR–2012– or otherwise protected. The
mstockstill on DSK4VPTVN1PROD with PROPOSALS

inclusion into the South Carolina SIP. 0852,’’ Air Regulatory Management www.regulations.gov Web site is an
This proposal pertains to the Clean Air Section (formerly Regulatory ‘‘anonymous access’’ system, which
Act (CAA or the Act) infrastructure Development Section), Air Planning and means EPA will not know your identity
requirements for the 2008 Lead national Implementation Branch, Air, Pesticides or contact information unless you
ambient air quality standards (NAAQS). and Toxics Management Division, U.S. provide it in the body of your comment.
The CAA requires that each state adopt Environmental Protection Agency, If you send an email comment directly
and submit a SIP for the Region 4, 61 Forsyth Street SW., to EPA without going through
implementation, maintenance, and Atlanta, Georgia 30303–8960. www.regulations.gov, your email

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Document Created: 2018-02-22 10:12:24
Document Modified: 2018-02-22 10:12:24

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Proposed Rules
Action		Notice of proposed rulemaking.
Dates		Comments and related material must be received by the Coast Guard on or before July 8, 2015.
Contact		If you have questions on this rule, call or email Chief Aaron Woof, Marine Safety Unit Duluth, U.S. Coast Guard; telephone (218) 725-3821 or by email [email protected] If you have questions on viewing or submitting material to the docket, call Cheryl Collins, Program Manager, Docket Operations, telephone (202) 366-9826.
FR Citation		80 FR 32321
RIN Number		1625-AA00
CFR Associated		Harbors; Marine Safety; Navigation (water); Reporting and Record Keeping Requirements; Security Measures and Waterways

80 FR 32321 - Safety Zones; Recurring Events in Captain of the Port Duluth Zone

DEPARTMENT OF HOMELAND SECURITYCoast Guard

Federal Register Volume 80, Issue 109 (June 8, 2015)

DEPARTMENT OF HOMELAND SECURITY
Coast Guard