81_FR_42649 81 FR 42523 - Safety Zones; Superior Man Triathlon, Duluth, MN

81 FR 42523 - Safety Zones; Superior Man Triathlon, Duluth, MN

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 81, Issue 126 (June 30, 2016)

Page Range42523-42524
FR Document2016-15502

The Coast Guard will enforce the Safety Zone for the Superior Man Triathlon in Duluth, MN August 28, 2016. This action is necessary to protect the participants during the event. During the enforcement period, entry into, transiting, or anchoring within the safety zone is prohibited unless authorized by the Captain of the Port Duluth or his designated on-scene representative.

Federal Register, Volume 81 Issue 126 (Thursday, June 30, 2016) 
[Federal Register Volume 81, Number 126 (Thursday, June 30, 2016)]
[Rules and Regulations]
[Pages 42523-42524]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-15502]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2016-0479]


Safety Zones; Superior Man Triathlon, Duluth, MN

AGENCY: Coast Guard, DHS.

ACTION: Notice of enforcement of regulation.

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SUMMARY: The Coast Guard will enforce the Safety Zone for the Superior 
Man Triathlon in Duluth, MN August 28, 2016. This action is necessary 
to protect the participants during the event. During the enforcement 
period, entry into, transiting, or anchoring within the safety zone is 
prohibited unless authorized by the Captain of the Port Duluth or his 
designated on-scene representative.

DATES: The regulations in 33 CFR 165.943(b) will be enforced from 5:30 
a.m. through 9:30 a.m. on August 28, 2016.

FOR FURTHER INFORMATION CONTACT: If you have questions about this 
notice of enforcement, call or email Lieutenant Junior Grade John Mack, 
Waterways

[[Page 42524]]

Management Division, Coast Guard; telephone (218) 725-3818, email 
[email protected].

SUPPLEMENTARY INFORMATION: The Coast Guard will enforce a safety zone 
for the annual Superior Man Triathlon in Duluth, MN in 33 CFR 
165.943(a)(8) from 5:30 a.m. until 9:30 a.m. August 28, 2016. This 
safety zone will include all U.S. navigable waters of the Duluth Harbor 
Basin, Northern Section within an imaginary line beginning at point 
46[deg]46'36.12'' N. 092[deg]06'06.99'' W., running southeast to 
46[deg]46'32.75'' N. 092[deg]06'01.74'' W., running northeast to 
46[deg]46'45.92'' N. 092[deg]05'45.18'' W., running northwest to 
46[deg]46'49.47'' N. 092[deg]05'49.35'' W. and finally running 
southwest back to the starting point. Entry into, transiting, or 
anchoring within the safety zone is prohibited unless authorized by the 
Captain of the Port Duluth or his designated on-scene representative. 
The Captain of the Port's designated on-scene representative may be 
contacted via VHF Channel 16.
    This notice of enforcement is issued under authority of 33 CFR 
165.943 and 5 U.S.C. 552 (a). In addition to this notice of enforcement 
in the Federal Register, the Coast Guard will provide the maritime 
community with advance notification of the enforcement of this safety 
zone via Broadcast Notice to Mariners.

    Dated: June 24, 2016.
A.H. Moore, Jr.,
Commander, U.S. Coast Guard, Captain of the Port, Duluth.
[FR Doc. 2016-15502 Filed 6-29-16; 8:45 am]
 BILLING CODE 9110-04-P

Federal Register / Vol. 81, No. 126 / Thursday, June 30, 2016 / Rules and Regulations 42523 and the Regional Small Business Management Directive 023–01 and from 10:00 p.m. to 11:00 p.m. on July 4, Regulatory Fairness Boards. The Commandant Instruction M16475.lD, 2016. Ombudsman evaluates these actions which guide the Coast Guard in (c) Regulations. (1) In accordance with annually and rates each agency’s complying with the National the general regulations in § 165.23, entry responsiveness to small business. If you Environmental Policy Act of 1969 (42 into this zone is prohibited unless wish to comment on actions by U.S.C. 4321–4370f), and have specifically authorized by the Captain of employees of the Coast Guard, call 1– determined that this action is one of a the Port Ohio Valley (COTP) or 888–REG–FAIR (1–888–734–3247). The category of actions that do not designated personnel. Persons or vessels Coast Guard will not retaliate against individually or cumulatively have a desiring to enter into or pass through small entities that question or complain significant effect on the human the zone must request permission from about this rule or any policy or action environment. This rule involves a the COTP or a designated of the Coast Guard. temporary safety zone lasting less than representative. They may be contacted two hours that will prohibit entry on all on VHF–FM radio channel 16 or phone C. Collection of Information at 1–800–253–7465. waters of the Ohio River, surface to This rule will not call for a new bottom, extending 500 feet from the (2) Persons and vessels permitted to collection of information under the Kentucky shoreline, from mile 408 to deviate from this safety zone regulation Paperwork Reduction Act of 1995 (44 409. It is categorically excluded from and enter the restricted area must transit U.S.C. 3501–3520). further review under paragraph 34(g) of at the slowest safe speed and comply Figure 2–1 of the Commandant with all lawful directions issued by the D. Federalism and Indian Tribal Instruction. An environmental analysis COTP or the designated representative. Governments (d) Informational broadcasts. The checklist supporting this determination A rule has implications for federalism and a Categorical Exclusion COTP Ohio Valley or a designated under Executive Order 13132, Determination are available in the representative will inform the public Federalism, if it has a substantial direct docket where indicated under through broadcast notices to mariners of effect on the States, on the relationship ADDRESSES. the enforcement period for the between the national government and temporary safety zone as well as any the States, or on the distribution of G. Protest Activities changes in the planned schedule. power and responsibilities among the The Coast Guard respects the First various levels of government. We have R.V. Timme, Amendment rights of protesters. Captain, U.S. Coast Guard, Captain of the analyzed this rule under that Order and Protesters are asked to contact the have determined that it is consistent Port Ohio Valley. person listed in the FOR FURTHER [FR Doc. 2016–15504 Filed 6–29–16; 8:45 am] with the fundamental federalism INFORMATION CONTACT section to principles and preemption requirements coordinate protest activities so that your BILLING CODE 9110–04–P described in Executive Order 13132. message can be received without Also, this rule does not have tribal jeopardizing the safety or security of implications under Executive Order DEPARTMENT OF HOMELAND people, places or vessels. SECURITY 13175, Consultation and Coordination with Indian Tribal Governments, List of Subjects in 33 CFR Part 165 Coast Guard because it does not have a substantial Harbors, Marine safety, Navigation direct effect on one or more Indian (water), Reporting and recordkeeping 33 CFR Part 165 tribes, on the relationship between the requirements, Security measures, Federal Government and Indian tribes, Waterways. [Docket No. USCG–2016–0479] or on the distribution of power and responsibilities between the Federal For the reasons discussed in the Safety Zones; Superior Man Triathlon, Government and Indian tribes. If you preamble, the Coast Guard amends 33 Duluth, MN believe this rule has implications for CFR part 165 as follows: AGENCY: Coast Guard, DHS. federalism or Indian tribes, please ACTION: Notice of enforcement of PART 165—REGULATED NAVIGATION contact the person listed in the FOR regulation. AREAS AND LIMITED ACCESS AREAS FURTHER INFORMATION CONTACT section above. ■ 1. The authority citation for part 165 SUMMARY: The Coast Guard will enforce continues to read as follows: the Safety Zone for the Superior Man E. Unfunded Mandates Reform Act Triathlon in Duluth, MN August 28, The Unfunded Mandates Reform Act Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 2016. This action is necessary to protect of 1995 (2 U.S.C. 1531–1538) requires 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; Department of Homeland Security Delegation the participants during the event. Federal agencies to assess the effects of During the enforcement period, entry No. 0170.1. their discretionary regulatory actions. In into, transiting, or anchoring within the particular, the Act addresses actions ■ 2. Add § 165.T08–0596 to read as safety zone is prohibited unless that may result in the expenditure by a follows: authorized by the Captain of the Port State, local, or tribal government, in the Duluth or his designated on-scene § 165.T08–0596 Safety Zone; Ohio River aggregate, or by the private sector of representative. Between Mile 408 and 409, Maysville, KY. $165,000,000 (adjusted for inflation) or (a) Location. The following area is a DATES: The regulations in 33 CFR more in any one year. Though this rule srobinson on DSK5SPTVN1PROD with RULES temporary safety zone for all waters, 165.943(b) will be enforced from 5:30 will not result in such expenditure, we surface to bottom, of the Ohio River a.m. through 9:30 a.m. on August 28, do discuss the effects of this rule between mile 408 and mile 409, 2016. elsewhere in this preamble. Maysville, KY, extending 500 feet from FOR FURTHER INFORMATION CONTACT: If F. Environment the Kentucky shoreline. you have questions about this notice of We have analyzed this rule under (b) Enforcement period. This enforcement, call or email Lieutenant Department of Homeland Security temporary safety zone will be enforced Junior Grade John Mack, Waterways VerDate Sep<11>2014 20:00 Jun 29, 2016 Jkt 238001 PO 00000 Frm 00071 Fmt 4700 Sfmt 4700 E:\FR\FM\30JNR1.SGM 30JNR1

42524 Federal Register / Vol. 81, No. 126 / Thursday, June 30, 2016 / Rules and Regulations Management Division, Coast Guard; safety zone is prohibited unless effective on June 14, 2016 (see 81 FR telephone (218) 725–3818, email specifically authorized by the Captain of 38595). John.V.Mack@uscg.mil. the Port (COTP) Ohio Valley or other Before the comment period closed, SUPPLEMENTARY INFORMATION: The Coast designated representative. the Coast Guard received new Guard will enforce a safety zone for the DATES: This rule is effective from 9:30 to information regarding the Kindred annual Superior Man Triathlon in 11:00 p.m. on July 1, 2016. Communications/Dawg Dazzle event, Duluth, MN in 33 CFR 165.943(a)(8) ADDRESSES: To view documents listed in Table 1 of 33 CFR 165.801, from 5:30 a.m. until 9:30 a.m. August mentioned in this preamble as being Line 56. For 2016, the event sponsor 28, 2016. This safety zone will include available in the docket, go to http:// requested that the event be held on July all U.S. navigable waters of the Duluth www.regulations.gov, type USCG–2016– 1 instead of the July 4, which was the Harbor Basin, Northern Section within 0279 in the ‘‘SEARCH’’ box and click date proposed in the NPRM. Due to the an imaginary line beginning at point ‘‘SEARCH.’’ Click on Open Docket date of the event, it is impracticable to 46°46′36.12″ N. 092°06′06.99″ W., Folder on the line associated with this publish an NPRM for this date change running southeast to 46°46′32.75″ N. rule. because we must establish this safety 092°06′01.74″ W., running northeast to zone by July 1, 2016. If the event FOR FURTHER INFORMATION CONTACT: If 46°46′45.92″ N. 092°05′45.18″ W., sponsor decides to continue to hold the you have questions on this rule, call or running northwest to 46°46′49.47″ N. event annually on July 1, the Coast email Petty Officer Third Class Robert 092°05′49.35″ W. and finally running Guard will publish an NPRM in the Miller; telephone (304) 733–0198, email southwest back to the starting point. Federal Register to permanently change STL-PF-MSUHUNTINGTON-MEC@ Entry into, transiting, or anchoring the event date. uscg.mil. within the safety zone is prohibited We are issuing this rule, and under 5 unless authorized by the Captain of the SUPPLEMENTARY INFORMATION: U.S.C. 553(d)(3), the Coast Guard finds Port Duluth or his designated on-scene I. Table of Abbreviations that good cause exists for making the representative. The Captain of the Port’s rule effective less than 30 days after designated on-scene representative may CFR Code of Federal Regulations publication in the Federal Register. be contacted via VHF Channel 16. COTP Captain of the Port Delaying the effective date of the rule is This notice of enforcement is issued DHS Department of Homeland Security FR Federal Register contrary to the public interest as it under authority of 33 CFR 165.943 and would delay the effectiveness of the NPRM Notice of proposed rulemaking 5 U.S.C. 552 (a). In addition to this § Section temporary safety zone needed to notice of enforcement in the Federal U.S.C. United States Code respond to potential related safety Register, the Coast Guard will provide hazards until after the planned the maritime community with advance II. Background Information and fireworks display. notification of the enforcement of this Regulatory History safety zone via Broadcast Notice to III. Legal Authority and Need for Rule The Coast Guard is issuing this Mariners. temporary rule without prior notice and The Coast Guard is issuing this rule Dated: June 24, 2016. opportunity to comment pursuant to under authority in 33 U.S.C. 1231. The A.H. Moore, Jr., authority under section 4(a) of the COTP has determined that potential Commander, U.S. Coast Guard, Captain of Administrative Procedure Act (APA) (5 hazards associated with fireworks the Port, Duluth. U.S.C. 553(b)). This provision displays taking place on or over this [FR Doc. 2016–15502 Filed 6–29–16; 8:45 am] authorizes an agency to issue a rule section of navigable waterway will be a BILLING CODE 9110–04–P without prior notice and opportunity to safety concern for anyone within the comment when the agency finds good area designated as the safety zone. This cause that those procedures are rule is needed to protect personnel, DEPARTMENT OF HOMELAND ‘‘impracticable, unnecessary, or contrary vessels, and the marine environment in SECURITY to the public interest.’’ Under 5 U.S.C. the navigable waters within the safety 553(b)(B), the Coast Guard finds that zone during the fireworks display. Coast Guard good cause exists for not publishing a IV. Discussion of the Rule notice of proposed rulemaking (NPRM) 33 CFR Part 165 with respect to this rule because This rule establishes a temporary firework displays on or over the safety zone from 9:30 until 11:00 p.m. [Docket Number USCG–2016–0279] navigable waterway pose safety on July 1, 2016 for all waters of the Ohio RIN 1625–AA00 concerns for waterway users. On March River from mile 307.8 to mile 308.8, for 7, 2016, the Coast Guard published a the Dawg Dazzle Fireworks Display in Safety Zone; Ohio River mile 307.8– notice of proposed rulemaking (NPRM) Huntington, WV. This safety zone is 308.8 Huntington, WV entitled, ‘‘Sector Ohio Valley Annual intended to protect personnel, vessels, AGENCY: Coast Guard, DHS. and Recurring Safety Zones Update’’ (81 and the marine environment in these ACTION: Temporary final rule. FR 11706). In the NPRM, the Coast navigable waters during the fireworks Guard proposed to amend and update display. No vessel or person will be SUMMARY: The Coast Guard is its list of recurring safety zone permitted to enter the safety zone establishing a temporary safety zone for regulations that take place in the Coast without obtaining permission from the all waters of the Ohio River from mile Guard Sector Ohio Valley area of COTP or a designated representative. srobinson on DSK5SPTVN1PROD with RULES 307.8 to mile 308.8, Huntington, WV. responsibility (AOR). The public V. Regulatory Analyses This temporary safety zone is necessary comment period ended on June 6, 2016. to protect persons and property from The Coast Guard did not receive We developed this rule after potential damage and safety hazards comments on the NPRM. The Coast considering numerous statutes and during a fireworks display on or over Guard issued a final rule on June 14, Executive Orders related to rulemaking. the navigable waterway. During the 2016, finalizing the events proposed in Below we summarize our analyses period of enforcement, entry into this the NPRM, and the rule became based on a number of these statutes and VerDate Sep<11>2014 20:00 Jun 29, 2016 Jkt 238001 PO 00000 Frm 00072 Fmt 4700 Sfmt 4700 E:\FR\FM\30JNR1.SGM 30JNR1


Document Created: 2018-02-08 07:45:31
Document Modified: 2018-02-08 07:45:31
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionNotice of enforcement of regulation.
DatesThe regulations in 33 CFR 165.943(b) will be enforced from 5:30 a.m. through 9:30 a.m. on August 28, 2016.
ContactIf you have questions about this notice of enforcement, call or email Lieutenant Junior Grade John Mack, Waterways Management Division, Coast Guard; telephone (218) 725-3818, email [email protected]
FR Citation81 FR 42523 
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