82 FR 16012 - Safety Zones; Recurring Events in Captain of the Port Duluth Zone
DEPARTMENT OF HOMELAND SECURITY
Coast Guard Federal Register Volume 82, Issue 61 (March 31, 2017)
Coast Guard
Federal Register Volume 82, Issue 61 (March 31, 2017)
| Page Range | 16012-16015 | |
| FR Document | 2017-06352 |
[Federal Register Volume 82, Number 61 (Friday, March 31, 2017)] [Proposed Rules] [Pages 16012-16015] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-06352] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG-2017-0171] RIN 1625-AA00 Safety Zones; Recurring Events in Captain of the Port Duluth Zone AGENCY: Coast Guard, DHS. ACTION: Notice of proposed rulemaking. ----------------------------------------------------------------------- SUMMARY: The Coast Guard proposes to amend its safety zones regulations for annual events in the Captain of the Port Duluth Zone. This final rule would update the locations for seven safety zones, add two new safety zones, increase the safety zone radius of six existing fireworks events, 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 regulation. DATES: Comments and related material must be received by the Coast Guard on or before May 1, 2017. ADDRESSES: You may submit comments identified by docket number USCG- 2017-0171 using the Federal eRulemaking Portal at http://www.regulations.gov. Type the docket number (USCG-2017-0171) in the ``SEARCH'' box and click ``SEARCH.'' See the ``Public Participation and Request for Comments'' portion of the SUPPLEMENTARY INFORMATION section for further instructions on submitting comments. FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, call or email Lieutenant Junior Grade, John Mack, Chief of Waterways Management, Marine Safety Unit Duluth, U.S. Coast Guard; telephone 218- 725-3818, email [email protected]. SUPPLEMENTARY INFORMATION: I. Table of Abbreviations CFR Code of Federal Regulations COTP Captain of the Port DHS Department of Homeland Security FR Federal Register NPRM Notice of proposed rulemaking Sec. Section U.S.C. United States Code II. Background, Purpose, and Legal Basis On 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 Sec. 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. III. Discussion of Proposed 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 an amendment to the recurring events list as published in 33 CFR 165.943 will be necessary to: Update the location of seven existing safety zones (Bridgefest Regatta Fireworks Display, Cornucopia 4th of July Fireworks Display, Duluth 4th Fest Fireworks Display, LaPointe 4th of July Fireworks Display, Point to LaPointe Swim, Lake Superior Dragon Boat Festival, Superior Man Triathlon), add two new safety zones (City of Bayfield 4th of July Fireworks Display & Two Harbors 4th of July Fireworks Display), increase the safety zone radius of six fireworks events (Bridgefest Regatta Fireworks Display, Ashland 4th of July Fireworks Display, Cornucopia 4th of July Fireworks Display, LaPointe 4th of July Fireworks Display, Lake Superior Dragon Boat Festival), and format the existing regulations into a table format. The purpose of this rule is to ensure safety of vessels and the navigable waters in the safety zone before, during, and after the scheduled event and to improve the overall clarity and readability of the rule. The amendments to this proposed rule are necessary to ensure the safety [[Page 16013]] 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. 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 Orders 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. Executive Order 13771 (``Reducing Regulation and Controlling Regulatory Costs''), directs agencies to reduce regulation and control regulatory costs and provides that ``for every one new regulation issued, at least two prior regulations be identified for elimination, and that the cost of planned regulations be prudently managed and controlled through a budgeting process.'' 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, it has not been reviewed by the Office of Management and Budget. As this rule is not a significant regulatory action, this rule is exempt from the requirements of Executive Order 13771. See OMB's Memorandum titled ``Interim Guidance Implementing Section 2 of the Executive Order of January 30, 2017 titled `Reducing Regulation and Controlling Regulatory Costs' '' (February 2, 2017). This regulatory action determination is based on the size, location, duration, and time-of-day for each safety zone. Vessel traffic will be able to safely transit around all safety zones which will impact small designated areas within Lake Superior for short durations of time. 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 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 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. 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 [[Page 16014]] environment. This rule involves: The update of seven safety zone locations, the addition of two new safety zones, an increase of size for six safety zone radiuses for fireworks related events, and the reformatting of regulations into an easier to read table format. 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. V. Public Participation and Request for Comments We view public participation as essential to effective rulemaking, and will consider all comments and material received during the comment period. Your comment can help shape the outcome of this rulemaking. If you submit a comment, please include the docket number for this rulemaking, indicate the specific section of this document to which each comment applies, and provide a reason for each suggestion or recommendation. We encourage you to submit comments through the Federal eRulemaking Portal at http://www.regulations.gov. If your material cannot be submitted using http://www.regulations.gov, contact the person in the FOR FURTHER INFORMATION CONTACT section of this document for alternate instructions. We accept anonymous comments. All comments received will be posted without change to http://www.regulations.gov and will include any personal information you have provided. For more about privacy and the docket, you may review a Privacy Act notice regarding the Federal Docket Management System in the March 24, 2005, issue of the Federal Register (70 FR 15086). Documents mentioned in this NPRM as being available in the docket, and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that Web site's instructions. Additionally, if you go to the online docket and sign up for email alerts, you will be notified when comments are posted or a final rule is published. 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. 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 All waters of the Keweenaw Waterway Mid June. Display. in 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]35'28'' W. (2) Ashland 4th of July Fireworks All waters of Chequamegon Bay in On or around July 4th. Display. Ashland, 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. (3) City of Bayfield 4th of July All waters of the Lake Superior On or around July 4th. Fireworks Display. North 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]48'40'' N., 090[deg]48'32'' W. (4) Cornucopia 4th of July All waters of Siskiwit Bay in On or around July 4th. Fireworks Display. Cornucopia, 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]06'15'' W. (5) Duluth 4th Fest Fireworks All waters of the Duluth Harbor On or around July 4th. Display. Basin, 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 On or around July 4th. Display. LaPointe, 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 All waters of Agate Bay in Two On or around July 4th. Fireworks Display. Harbors, MN within the arc of a circle with a radius of no more than 1,120 feet from the launch site at position 47[deg]00'54'' N., 091[deg]40'04'' W. [[Page 16015]] (8) Point to LaPointe Swim........ All waters of the Lake Superior Early August. North 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 All waters of Superior Bay in Late August. Festival Fireworks Display. Superior, 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]43'28'' N., 092[deg]03'47'' W. (10) Superior Man Triathlon....... All waters of the Duluth Harbor Late August. Basin, 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: March 27, 2017. E.E. Williams, Commander, U.S. Coast Guard, Captain of the Port Duluth. [FR Doc. 2017-06352 Filed 3-30-17; 8:45 am] BILLING CODE 9110-04-P
![16012 Federal Register / Vol. 82, No. 61 / Friday, March 31, 2017 / Proposed Rules
cannot guarantee that we will be able to the amendment should be approved, email Lieutenant Junior Grade, John
do so. approved in part, or not approved. At Mack, Chief of Waterways Management,
that time, we will also make the Marine Safety Unit Duluth, U.S. Coast
Public Hearing
determinations and certifications Guard; telephone 218–725–3818, email
If you wish to speak at the public required by the various laws and John.V.Mack@uscg.mil.
hearing, contact the person listed under executive orders governing the SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT by rulemaking process and include them in
4:00 p.m., e.s.t. on April 17, 2017. If you the final rule. I. Table of Abbreviations
are disabled and need reasonable CFR Code of Federal Regulations
accommodations to attend a public List of Subjects in 30 CFR Part 946
COTP Captain of the Port
hearing, contact the person listed under Intergovernmental relations, Surface DHS Department of Homeland Security
FOR FURTHER INFORMATION CONTACT. We mining, Underground mining. FR Federal Register
will arrange the location and time of the Dated: March 22, 2017.
NPRM Notice of proposed rulemaking
hearing with those persons requesting § Section
Thomas D. Shope, U.S.C. United States Code
the hearing. If no one requests an
opportunity to speak, we will not hold Regional Director, Appalachian Region.
II. Background, Purpose, and Legal
a hearing. [FR Doc. 2017–06397 Filed 3–30–17; 8:45 am]
Basis
To assist the transcriber and ensure an BILLING CODE 4310–05–P
accurate record, we request, if possible, On May 31, 2013 the Coast Guard
that each person who speaks at the published an NPRM in the Federal
public hearing provide us with a written DEPARTMENT OF HOMELAND Register (78 FR 32608) entitled
copy of his or her comments. The public SECURITY ‘‘Recurring Events in the Captain of the
hearing will continue on the specified Port Duluth Zone.’’ The NPRM
date until everyone scheduled to speak Coast Guard proposed to establish 8 permanent
has been given an opportunity to be safety zones for annually recurring
heard. If you are in the audience and 33 CFR Part 165 events in the Captain of the Port Duluth
have not been scheduled to speak and Zone under § 165.943. The NPRM was
[Docket Number USCG–2017–0171]
wish to do so, you will be allowed to open for comment for 30 days.
speak after those who have been RIN 1625–AA00 On August 12, 2013 the Coast Guard
scheduled. We will end the hearing after published the Final Rule in the Federal
everyone scheduled to speak, and others Safety Zones; Recurring Events in Register (78 FR 48802) after receiving
present in the audience who wish to Captain of the Port Duluth Zone no comments on the NPRM. Through
speak, have been heard. AGENCY: Coast Guard, DHS. this proposed rule, the Coast Guard
seeks to update § 165.943.
Public Meeting ACTION: Notice of proposed rulemaking.
If only one person requests an III. Discussion of Proposed Rule
SUMMARY: The Coast Guard proposes to
opportunity to speak, we may hold a amend its safety zones regulations for The Coast Guard is issuing this rule
public meeting rather than a public annual events in the Captain of the Port under authority in 33 U.S.C. 1231. The
hearing. If you wish to meet with us to Duluth Zone. This final rule would Captain of the Port Duluth (COTP) has
discuss the amendment, please request update the locations for seven safety determined that an amendment to the
a meeting by contacting the person zones, add two new safety zones, recurring events list as published in 33
listed under FOR FURTHER INFORMATION increase the safety zone radius of six CFR 165.943 will be necessary to:
CONTACT. All such meetings are open to existing fireworks events, and modify Update the location of seven existing
the public and, if possible, we will post the format of the regulation to list the safety zones (Bridgefest Regatta
notices of meetings at the locations annual events and corresponding safety Fireworks Display, Cornucopia 4th of
listed under ADDRESSES. We will make zones in table form. These proposed July Fireworks Display, Duluth 4th Fest
a written summary of each meeting a amendments will protect spectators, Fireworks Display, LaPointe 4th of July
part of the administrative record. participants, and vessels from the Fireworks Display, Point to LaPointe
IV. Procedural Determinations hazards associated with annual marine Swim, Lake Superior Dragon Boat
events and improve the clarity and Festival, Superior Man Triathlon), add
Executive Order 12866—Regulatory readability of the regulation. two new safety zones (City of Bayfield
Planning and Review 4th of July Fireworks Display & Two
DATES: Comments and related material
This rule is exempted from review by Harbors 4th of July Fireworks Display),
must be received by the Coast Guard on
the Office of Management and Budget increase the safety zone radius of six
or before May 1, 2017.
(OMB) under Executive Order 12866. fireworks events (Bridgefest Regatta
ADDRESSES: You may submit comments
Fireworks Display, Ashland 4th of July
Other Laws and Executive Orders identified by docket number USCG– Fireworks Display, Cornucopia 4th of
Affecting Rulemaking 2017–0171 using the Federal July Fireworks Display, LaPointe 4th of
When a State submits a program eRulemaking Portal at http:// July Fireworks Display, Lake Superior
amendment to OSMRE for review, our www.regulations.gov. Type the docket Dragon Boat Festival), and format the
regulations at 30 CFR 732.17(h) require number (USCG–2017–0171) in the existing regulations into a table format.
sradovich on DSK3GMQ082PROD with PROPOSALS
us to publish a notice in the Federal ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ The purpose of this rule is to ensure
Register indicating receipt of the See the ‘‘Public Participation and safety of vessels and the navigable
proposed amendment, its text or a Request for Comments’’ portion of the waters in the safety zone before, during,
summary of its terms, and an SUPPLEMENTARY INFORMATION section for
and after the scheduled event and to
opportunity for public comment. We further instructions on submitting improve the overall clarity and
conclude our review of the proposed comments. readability of the rule.
amendment after the close of the public FOR FURTHER INFORMATION CONTACT: If The amendments to this proposed
comment period and determine whether you have questions on this rule, call or rule are necessary to ensure the safety
VerDate Sep<11>2014 16:04 Mar 30, 2017 Jkt 241001 PO 00000 Frm 00012 Fmt 4702 Sfmt 4702 E:\FR\FM\31MRP1.SGM 31MRP1](https://thefederalregister.org/doc/82_FR_16073/page/1.svg)
![16014 Federal Register / Vol. 82, No. 61 / Friday, March 31, 2017 / Proposed Rules
environment. This rule involves: The applies, and provide a reason for each PART 165—REGULATED NAVIGATION
update of seven safety zone locations, suggestion or recommendation. AREAS AND LIMITED ACCESS AREAS
the addition of two new safety zones, an We encourage you to submit
increase of size for six safety zone comments through the Federal ■ 1. The authority citation for part 165
radiuses for fireworks related events, eRulemaking Portal at http:// continues to read as follows:
and the reformatting of regulations into www.regulations.gov. If your material Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
an easier to read table format. It is cannot be submitted using http:// 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
categorically excluded from further www.regulations.gov, contact the person Department of Homeland Security Delegation
review under paragraph 34(g) of Figure in the FOR FURTHER INFORMATION No. 0170.1.
2–1 of the Commandant Instruction. An CONTACT section of this document for ■ 2. Revise § 165.943 to read as follows:
environmental analysis checklist alternate instructions.
supporting this determination and a § 165.943 Safety Zones; Recurring Events
We accept anonymous comments. All in Captain of the Port Duluth Zone.
Categorical Exclusion Determination are comments received will be posted
available in the docket where indicated without change to http:// (a) Regulations. The following
under ADDRESSES. We seek any www.regulations.gov and will include regulations apply to the safety zones
comments or information that may lead any personal information you have listed in Table 165.943 of this section:
to the discovery of a significant provided. For more about privacy and (1) The Coast Guard will provide
environmental impact from this rule. the docket, you may review a Privacy advance notice of the enforcement date
Act notice regarding the Federal Docket and time of the safety zone being
G. Protest Activities
Management System in the March 24, enforced in Table 165.943, by issuing a
The Coast Guard respects the First 2005, issue of the Federal Register (70 Notice of Enforcement, as well as, a
Amendment rights of protesters. FR 15086). Broadcast Notice to Mariners.
Protesters are asked to contact the (2) During the enforcement period, the
Documents mentioned in this NPRM
person listed in the FOR FURTHER general regulations found in § 165.23
as being available in the docket, and all
INFORMATION CONTACT section to shall apply.
public comments, will be in our online
coordinate protest activities so that your (b) Contacting the Captain of the Port.
docket at http://www.regulations.gov
message can be received without While a safety zone listed in this section
and can be viewed by following that
jeopardizing the safety or security of is enforced, the Captain of the Port
Web site’s instructions. Additionally, if
people, places or vessels. Duluth or his or her on-scene
you go to the online docket and sign up
representative may be contacted via
V. Public Participation and Request for for email alerts, you will be notified
VHF Channel 16. Vessel operators given
Comments when comments are posted or a final
permission to enter or operate in the
rule is published.
We view public participation as safety zone must comply with all
essential to effective rulemaking, and List of Subjects in 33 CFR Part 165 directions given to them by the Captain
will consider all comments and material of the Port Duluth, or his or her on-
received during the comment period. Harbors, Marine safety, Navigation scene representative.
Your comment can help shape the (water), Reporting and recordkeeping (c) Exemption. Public vessels, defined
outcome of this rulemaking. If you requirements, Security measures, as any vessel owned or operated by the
submit a comment, please include the Waterways. United States or by State or local
docket number for this rulemaking, For the reasons discussed in the governments, operating in an official
indicate the specific section of this preamble, the Coast Guard amends 33 capacity are exempted from the
document to which each comment CFR part 165 as follows: requirements of this section.
TABLE 165.943
[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 Mid June.
works Display. a radius of no more than 1,120 feet from the launch site at position 47°07′22″ N.,
088°35′28″ W.
(2) Ashland 4th of July Fire- All waters of Chequamegon Bay in Ashland, WI within the arc of a circle with a ra- On or around July 4th.
works Display. dius of no more than 1,120 feet from the launch site at position 46°35′50″ N.,
090°52′59″ W.
(3) City of Bayfield 4th of All waters of the Lake Superior North Channel in Bayfield, WI within the arc of a On or around July 4th.
July Fireworks Display. circle with a radius of no more than 1,120 feet from the launch site at position
46°48′40″ N., 090°48′32″ W.
(4) Cornucopia 4th of July All waters of Siskiwit Bay in Cornucopia, WI within the arc of a circle with a radius On or around July 4th.
Fireworks Display. of no more than 1,120 feet from the launch site at position 46°51′35″ N.,
091°06′15″ W.
(5) Duluth 4th Fest Fire- All waters of the Duluth Harbor Basin, Northern Section in Duluth, MN within the On or around July 4th.
sradovich on DSK3GMQ082PROD with PROPOSALS
works Display. arc of a circle with a radius of no more than 1,120 feet from the launch site at
position 46°46′14″ N., 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 On or around July 4th.
works Display. of no more than 1,120 feet from the launch site at position 46°46′40″ N.,
090°47′22″ W.
(7) Two Harbors 4th of July All waters of Agate Bay in Two Harbors, MN within the arc of a circle with a radius On or around July 4th.
Fireworks Display. of no more than 1,120 feet from the launch site at position 47°00′54″ N.,
091°40′04″ W.
VerDate Sep<11>2014 16:04 Mar 30, 2017 Jkt 241001 PO 00000 Frm 00014 Fmt 4702 Sfmt 4702 E:\FR\FM\31MRP1.SGM 31MRP1](https://thefederalregister.org/doc/82_FR_16073/page/3.svg)
![Federal Register / Vol. 82, No. 61 / Friday, March 31, 2017 / Proposed Rules 16015
TABLE 165.943—Continued
[Datum NAD 1983]
Event Location Event date
(8) Point to LaPointe Swim .. All waters of the Lake Superior North Channel between Bayfield and LaPointe, WI Early August.
within an 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 returning to the starting position.
(9) Lake Superior Dragon All waters of Superior Bay in Superior, WI within the arc of a circle with a radius of Late August.
Boat Festival Fireworks no more than 1,120 feet from the launch site at position 46°43′28″ N.,
Display. 092°03′47″ W.
(10) Superior Man Triathlon All waters of the Duluth Harbor Basin, Northern Section in Duluth, MN within an Late August.
imaginary 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: March 27, 2017. I. Introduction change, after which the Commission
E.E. Williams, On January 22, 2016, the Commission would either institute a proceeding or
Commander, U.S. Coast Guard, Captain of published a notice of proposed consider the motion within an ongoing
the Port Duluth. rulemaking (initial NPR) which matter.
[FR Doc. 2017–06352 Filed 3–30–17; 8:45 am] proposed procedural rules for motions In response to comments received on
BILLING CODE 9110–04–P concerning mail preparation changes the initial NPR, the Commission is
that require compliance with the price issuing this revised notice of proposed
cap rules.1 The initial NPR was issued rulemaking (revised NPR) that: (1)
in conjunction with the Commission’s Withdraws the proposed procedural
POSTAL REGULATORY COMMISSION order in Docket No. R2013–10R setting rule under § 3001.21(d) of this chapter
forth a standard to determine when mail for motions concerning mail preparation
39 CFR Part 3010 preparation changes require compliance changes; and (2) requires the Postal
with § 3010.23(d)(2).2 In the initial NPR, Service to publish all mail preparation
[Docket No. RM2016–6; Order No. 3827] the Commission explained that the changes in a publicly-available single
Postal Service has the affirmative source and affirmatively designate
Motions Concerning Mail Preparation burden to determine whether a mail whether or not a mail preparation
Changes preparation change requires compliance change requires compliance with
with § 3010.23(d)(2) under the § 3010.23(d)(2). The revised NPR
AGENCY: Postal Regulatory Commission. specifies that, if raised by the
Commission’s standard in Order No.
ACTION: Notice of proposed rulemaking. 3047.3 The initial NPR proposed a Commission or challenged by a mailer,
procedural rule to permit interested the Postal Service must demonstrate by
SUMMARY: The Commission is noticing parties to file a motion with the a preponderance of the evidence that a
the reinstatement of a proposed Commission where the Postal Service change does not require compliance
rulemaking. This notice informs the fails to recognize or account for a mail with § 3010.23(d)(2). The revised NPR
public of the docket’s reinstatement, preparation change that has a rate effect narrows the scope of the initial
invites public comment, and takes other under § 3010.23(d)(2). proposed rule and provides an
administrative steps. Specifically, the initial proposed rule opportunity for public comment on this
DATES: Comments are due on or before § 3001.21(d) of this chapter required new proposed approach to ensure that
May 1, 2017. interested parties to file a motion with the Postal Service properly accounts for
the Commission upon actual or the rate effects of mail preparation
ADDRESSES: Submit comments constructive notice of a mail preparation changes under § 3010.23(d)(2) in
electronically via the Commission’s change that had a rate effect requiring accordance with the Commission’s
Filing Online system at http:// compliance with § 3010.23(d)(2). It also standard articulated in Order No. 3047.
www.prc.gov. Those who cannot submit proposed a 30-day timeframe within
comments electronically should contact which interested parties could file a II. Comments on Initial NPR
the person identified in the FOR FURTHER motion concerning a mail preparation The Commission received comments
INFORMATION CONTACT section by
in response to the initial NPR, of which
telephone for advice on filing 1 The initial NPR was published in the Federal three were from the mailing industry,
alternatives. Register on February 1, 2016. See 81 FR 5085 (Feb.
1, 2016). one was from the Public Representative,
FOR FURTHER INFORMATION CONTACT: 2 Order No. 3048, Notice of Proposed Rulemaking and one was from the Postal Service.
David A. Trissell, General Counsel, at on Motions Concerning Mail Preparation Changes, Most commenters do not oppose the
sradovich on DSK3GMQ082PROD with PROPOSALS
202–789–6820. January 22, 2016. The initial NPR was held in proposed rule, but raise questions about
abeyance pending the Commission’s resolution of
SUPPLEMENTARY INFORMATION: the Postal Service’s motion for reconsideration of whether it impacts the Commission’s
Order No. 3047. See Order No. 3096, Order Holding authority and responsibility to
Table of Contents Rulemaking in Abeyance, February 23, 2016. It was independently review mail preparation
reinstated on July 27, 2016, and comments were changes for compliance with the price
I. Introduction received on September 2, 2016. See Notice
II. Comments on Initial NPR Reinstating Rulemaking, July 27, 2016. cap rules, or whether mailers could
III. Revised Proposed Rule 3 Docket No. R2013–10R, Order Resolving Issues raise issues concerning mail preparation
IV. Comments Requested on Remand, January 22, 2016 (Order No. 3047). changes in other proceedings before the
VerDate Sep<11>2014 16:04 Mar 30, 2017 Jkt 241001 PO 00000 Frm 00015 Fmt 4702 Sfmt 4702 E:\FR\FM\31MRP1.SGM 31MRP1](https://thefederalregister.org/doc/82_FR_16073/page/4.svg)
Document Created: 2017-03-31 01:37:51
Document Modified: 2017-03-31 01:37:51
| 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 May 1, 2017. | |
| Contact | If you have questions on this rule, call or email Lieutenant Junior Grade, John Mack, Chief of Waterways Management, Marine Safety Unit Duluth, U.S. Coast Guard; telephone 218- 725-3818, email [email protected] | |
| FR Citation | 82 FR 16012 | |
| RIN Number | 1625-AA00 | |
| CFR Associated | Harbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR