81 FR 55146 - Safety Zone; Tall Ships Duluth 2016-Giant Duck, Lake Superior, Duluth, MN

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 81, Issue 160 (August 18, 2016)

Page Range		55146-55147
FR Document		2016-19698

The Coast Guard is establishing a safety zone around the Giant Duck barge and its corresponding tug during the Tall Ships Duluth 2016 parade of sail in Lake Superior near Duluth, MN. This safety zone will provide for the regulation of vessel traffic in the vicinity of the tow in the navigable waters of the United States. This safety zone is necessary to safeguard participants and spectators from the hazards associated with the limited maneuverability of a barge and tow. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port Duluth.

Federal Register, Volume 81 Issue 160 (Thursday, August 18, 2016)

[Federal Register Volume 81, Number 160 (Thursday, August 18, 2016)]
[Rules and Regulations]
[Pages 55146-55147]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-19698]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2016-6017]
RIN 1625-AA00


Safety Zone; Tall Ships Duluth 2016--Giant Duck, Lake Superior, 
Duluth, MN

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a safety zone around the Giant 
Duck barge and its corresponding tug during the Tall Ships Duluth 2016 
parade of sail in Lake Superior near Duluth, MN. This safety zone will 
provide for the regulation of vessel traffic in the vicinity of the tow 
in the navigable waters of the United States. This safety zone is 
necessary to safeguard participants and spectators from the hazards 
associated with the limited maneuverability of a barge and tow. Entry 
of vessels or persons into this zone is prohibited unless specifically 
authorized by the Captain of the Port Duluth.

DATES: This rule is effective from 8 a.m. through 8 p.m. August 18, 
2016.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2016-6017 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Lieutenant Junior Grade John Mack, Waterways management, 
MSU Duluth, 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 Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice 
and opportunity to comment pursuant to authority under section 4(a) of 
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking (NPRM) 
with respect to this rule because doing so would be impracticable and 
contrary to the public interest. Because the event is scheduled for 
August 18, 2016, there is insufficient time to accommodate the comment 
period. Thus, delaying the effective date of this rule to wait for the 
comment period to run would be both impracticable and contrary to 
public interest because it would inhibit the Coast Guard's ability to 
protect spectators and vessels from the hazards associated with the 
event.
    We are issuing this rule, and under 5 U.S.C. 553(d)(3), the Coast 
Guard finds that good cause exists for making it effective less than 30 
days after publication in the Federal Register. Delaying the effective 
date of this rule would be contrary to public interest as it would 
inhibit the Coast Guard's ability to protect spectators and vessels 
from the hazards associated with the event.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231. The Captain of the Port Duluth (COTP) has determined that 
potential hazards associated with the Giant Duck tow operating in 
crowded harbors in close proximity to spectator craft necessitate a 
safety zone. The purpose of this rule is to ensure the safety of all 
vessels during the Tall Ship event in Duluth, MN.

IV. Discussion of the Rule

    This rule establishes a safety zone from 8 a.m. through 8 p.m. 
August 18, 2016. The safety zone will cover all navigable waters within 
100 yards of the Giant Duck and its corresponding tug during the Tall 
Ships event in Duluth, MN. The duration of the zone is intended to 
protect personnel, vessels, and the marine environment in these 
navigable waters during the event. No vessel or person will be 
permitted to enter the safety zone without obtaining permission from 
the COTP or a designated representative.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
Executive order related to rulemaking. Below we summarize our analyses 
based on a number of these statutes and Executive orders, and we 
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. Executive Order 13563 emphasizes the importance of 
quantifying both costs and benefits, of reducing costs, of harmonizing 
rules, and of promoting flexibility. This rule has not been designated 
a ``significant regulatory action,'' under Executive Order 12866. 
Accordingly, it has not been reviewed by the Office of Management and 
Budget.
    This regulatory action determination is based on the size, 
location, duration, and time-of-year of the safety zone. Vessel traffic 
will be able to safely transit around this safety zone which will 
impact a small designated area of Lake Superior near Duluth, MN. 
Moreover, the Coast Guard will issue Broadcast Notice to Mariners via 
VHF-FM marine channel 16 about the zone and the rule allows 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 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

[[Page 55147]]

rule will not have a significant economic impact on any vessel owner or 
operator.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this rule. If the rule would affect your 
small business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

C. Collection of Information

    This rule will not call for a new collection of information under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this rule under that Order and have 
determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, this rule does not have tribal implications under Executive 
Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it does not have a substantial direct effect on 
one or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes. If 
you believe this rule has implications for federalism or Indian tribes, 
please contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section above.

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 
Management Directive 023-01 and Commandant Instruction M16475.lD, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321-4370f), and have determined that 
this action is one of a category of actions that do not individually or 
cumulatively have a significant effect on the human environment. This 
rule involves a safety zone lasting no more than 12 hours that will 
prohibit entry within a 100 yard radius from the Giant Duck's towing 
arrangement. It is categorically excluded from further review under 
paragraph 34(g) of Figure 2-1 of the Commandant Instruction. An 
environmental analysis checklist supporting this determination and a 
Categorical Exclusion Determination are available in the docket where 
indicated under ADDRESSES. We seek any comments or information that may 
lead to the discovery of a significant environmental impact from this 
rule.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places or vessels.

List of Subjects in 33 CFR Part 165

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

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for Part 165 continues to read as follows:


    Authority:  33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No. 
0170.1.


0
2. Add Sec.  165.T09-6017 to read as follows:


Sec.  165.T09-6017  Safety zone; Tall Ships Duluth 2016--Giant Duck, 
Lake Superior, Duluth, MN.

    (a) Location. All waters of Lake Superior within an area bounded by 
a circle with a 100-yard radius around the Giant Duck's towing 
arrangement. The Giant Duck will be a part of the Tall Ships parade of 
sail event and will travel into the Duluth Harbor via the Duluth Entry 
before being dismantled near Bayfront Park in Duluth, MN.
    (b) Effective period. This safety zone is effective from 8 a.m. 
through 8 p.m. on August 18, 2016.
    (c) Regulations. (1) In accordance with the general regulations in 
Sec.  165.23 of this part, entry into, transiting, or anchoring within 
this safety zone is prohibited unless authorized by the Captain of the 
Port Duluth, or his designated on-scene representative.
    (2) This safety zone is closed to all vessel traffic, except as may 
be permitted by the Captain of the Port Duluth or his designated on-
scene representative.
    (3) The ``on-scene representative'' of the Captain of the Port is 
any Coast Guard commissioned, warrant, or petty officer who has been 
designated by the Captain of the Port to act on his behalf. The on-
scene representative of the Captain of the Port will be aboard either a 
Coast Guard or Coast Guard Auxiliary vessel. The Captain of the Port or 
his designated on-scene representative may be contacted via VHF Channel 
16.
    (4) Vessel operators desiring to enter or operate within the safety 
zone shall contact the Captain of the Port Duluth or his on-scene 
representative to obtain permission to do so. Vessel operators given 
permission to enter or operate in the safety zone must comply with all 
directions given to them by the Captain of the Port Duluth or his on-
scene representative.

    Dated: August 12, 2016.
E.E. Williams,
Commander, U.S. Coast Guard, Captain of the Port Duluth.
[FR Doc. 2016-19698 Filed 8-17-16; 8:45 am]
 BILLING CODE 9110-04-P

Federal Register / Vol. 81, No. 160 / Thursday, August 18, 2016 / Rules and Regulations 55147

rule will not have a significant FURTHER INFORMATION CONTACT section PART 165—REGULATED NAVIGATION
economic impact on any vessel owner above. AREAS AND LIMITED ACCESS AREAS
or operator.
Under section 213(a) of the Small E. Unfunded Mandates Reform Act
■ 1. The authority citation for Part 165
Business Regulatory Enforcement The Unfunded Mandates Reform Act continues to read as follows:
Fairness Act of 1996 (Pub. L. 104–121), of 1995 (2 U.S.C. 1531–1538) requires
we want to assist small entities in Federal agencies to assess the effects of Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
understanding this rule. If the rule their discretionary regulatory actions. In 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
would affect your small business, particular, the Act addresses actions Department of Homeland Security Delegation
organization, or governmental that may result in the expenditure by a No. 0170.1.
jurisdiction and you have questions State, local, or tribal government, in the
concerning its provisions or options for ■ 2. Add § 165.T09–6017 to read as
aggregate, or by the private sector of follows:
compliance, please contact the person $100,000,000 (adjusted for inflation) or
listed in the FOR FURTHER INFORMATION more in any one year. Though this rule § 165.T09–6017 Safety zone; Tall Ships
CONTACT section. Duluth 2016—Giant Duck, Lake Superior,
will not result in such an expenditure,
Small businesses may send comments Duluth, MN.
we do discuss the effects of this rule
on the actions of Federal employees
elsewhere in this preamble. (a) Location. All waters of Lake
who enforce, or otherwise determine
Superior within an area bounded by a
compliance with, Federal regulations to F. Environment
circle with a 100-yard radius around the
the Small Business and Agriculture
We have analyzed this rule under Giant Duck’s towing arrangement. The
Regulatory Enforcement Ombudsman
Department of Homeland Security Giant Duck will be a part of the Tall
and the Regional Small Business
Management Directive 023–01 and Ships parade of sail event and will
Regulatory Fairness Boards. The
Commandant Instruction M16475.lD, travel into the Duluth Harbor via the
Ombudsman evaluates these actions
which guide the Coast Guard in Duluth Entry before being dismantled
annually and rates each agency’s
complying with the National near Bayfront Park in Duluth, MN.
responsiveness to small business. If you
wish to comment on actions by Environmental Policy Act of 1969 (42 (b) Effective period. This safety zone
employees of the Coast Guard, call 1– U.S.C. 4321–4370f), and have is effective from 8 a.m. through 8 p.m.
888–REG–FAIR (1–888–734–3247). The determined that this action is one of a on August 18, 2016.
Coast Guard will not retaliate against category of actions that do not (c) Regulations. (1) In accordance with
small entities that question or complain individually or cumulatively have a the general regulations in § 165.23 of
about this rule or any policy or action significant effect on the human this part, entry into, transiting, or
of the Coast Guard. environment. This rule involves a safety anchoring within this safety zone is
zone lasting no more than 12 hours that prohibited unless authorized by the
C. Collection of Information will prohibit entry within a 100 yard Captain of the Port Duluth, or his
This rule will not call for a new radius from the Giant Duck’s towing designated on-scene representative.
collection of information under the arrangement. It is categorically excluded (2) This safety zone is closed to all
Paperwork Reduction Act of 1995 (44 from further review under paragraph vessel traffic, except as may be
U.S.C. 3501–3520). 34(g) of Figure 2–1 of the Commandant permitted by the Captain of the Port
Instruction. An environmental analysis Duluth or his designated on-scene
D. Federalism and Indian Tribal checklist supporting this determination representative.
Governments and a Categorical Exclusion (3) The ‘‘on-scene representative’’ of
A rule has implications for federalism Determination are available in the the Captain of the Port is any Coast
under Executive Order 13132, docket where indicated under Guard commissioned, warrant, or petty
Federalism, if it has a substantial direct ADDRESSES. We seek any comments or officer who has been designated by the
effect on the States, on the relationship information that may lead to the Captain of the Port to act on his behalf.
between the national government and discovery of a significant environmental The on-scene representative of the
the States, or on the distribution of impact from this rule. Captain of the Port will be aboard either
power and responsibilities among the a Coast Guard or Coast Guard Auxiliary
various levels of government. We have G. Protest Activities
vessel. The Captain of the Port or his
analyzed this rule under that Order and The Coast Guard respects the First designated on-scene representative may
have determined that it is consistent Amendment rights of protesters. be contacted via VHF Channel 16.
with the fundamental federalism Protesters are asked to contact the (4) Vessel operators desiring to enter
principles and preemption requirements person listed in the FOR FURTHER or operate within the safety zone shall
described in Executive Order 13132. INFORMATION CONTACT section to contact the Captain of the Port Duluth
Also, this rule does not have tribal coordinate protest activities so that your or his on-scene representative to obtain
implications under Executive Order message can be received without permission to do so. Vessel operators
13175, Consultation and Coordination jeopardizing the safety or security of given permission to enter or operate in
with Indian Tribal Governments, people, places or vessels. the safety zone must comply with all
because it does not have a substantial directions given to them by the Captain
direct effect on one or more Indian List of Subjects in 33 CFR Part 165
of the Port Duluth or his on-scene
tribes, on the relationship between the representative.
Harbors, Marine safety, Navigation
Federal Government and Indian tribes,
rmajette on DSK2TPTVN1PROD with RULES

(water), Reporting and recordkeeping Dated: August 12, 2016.
or on the distribution of power and
requirements, Security measures, E.E. Williams,
responsibilities between the Federal
Waterways. Commander, U.S. Coast Guard, Captain of
Government and Indian tribes. If you
believe this rule has implications for For the reasons discussed in the the Port Duluth.
federalism or Indian tribes, please preamble, the Coast Guard amends 33 [FR Doc. 2016–19698 Filed 8–17–16; 8:45 am]
contact the person listed in the FOR CFR part 165 as follows: BILLING CODE 9110–04–P

VerDate Sep<11>2014 15:00 Aug 17, 2016 Jkt 238001 PO 00000 Frm 00037 Fmt 4700 Sfmt 9990 E:\FR\FM\18AUR1.SGM 18AUR1

Document Created: 2016-08-17 23:46:15
Document Modified: 2016-08-17 23:46:15

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		Rules and Regulations
Action		Temporary final rule.
Dates		This rule is effective from 8 a.m. through 8 p.m. August 18, 2016.
Contact		If you have questions on this rule, call or email Lieutenant Junior Grade John Mack, Waterways management, MSU Duluth, Coast Guard; telephone 218-725-3818, email [email protected]
FR Citation		81 FR 55146
RIN Number		1625-AA00
CFR Associated		Harbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

81 FR 55146 - Safety Zone; Tall Ships Duluth 2016-Giant Duck, Lake Superior, Duluth, MN

DEPARTMENT OF HOMELAND SECURITYCoast Guard

Federal Register Volume 81, Issue 160 (August 18, 2016)

DEPARTMENT OF HOMELAND SECURITY
Coast Guard