83 FR 28379 - Safety Zones; Recurring Events in Captain of the Port Duluth Zone
DEPARTMENT OF HOMELAND SECURITY
Coast Guard Federal Register Volume 83, Issue 118 (June 19, 2018)
Coast Guard
Federal Register Volume 83, Issue 118 (June 19, 2018)
| Page Range | 28379-28382 | |
| FR Document | 2018-13055 |
[Federal Register Volume 83, Number 118 (Tuesday, June 19, 2018)] [Rules and Regulations] [Pages 28379-28382] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-13055] ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG-2018-0102] RIN 1625-AA00 Safety Zones; Recurring Events in Captain of the Port Duluth Zone AGENCY: Coast Guard, DHS. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Coast Guard will amend its safety zone regulations for annual events in the Captain of the Port Duluth Zone. This final rule would update the locations for seven safety zones, add three 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 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: This rule is effective July 19, 2018. ADDRESSES: To view documents mentioned in this preamble as being available in the docket, go to http://www.regulations.gov, type USCG- 2018-0102 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 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 February 22, 2018 the Coast Guard published an NPRM in the Federal Register (82 FR 16012) entitled ``Safety Zones; Recurring Events in Captain of the Port Duluth Zone.'' The NPRM proposed to amend seven permanent safety zones, add three new safety zones, increase the safety zone radius of six existing fireworks events, and modify the format of the regulations in a table format for annually recurring events in the Captain of the Port Duluth Zone under Sec. 165.943. The aforementioned NPRM was open for comment for 30 days in which one comment was received. III. Discussion of Comments, Changes, and the Rule As noted above, we received one comment on our NPRM published February 22, 2018. The submission was not relevant to the rulemaking and no substantive changes were made to the rule based upon this comment. We made nonsubstantive editorial changes in the regulatory text of this rule that vary from the proposed rule in the NPRM. This rule is necessary to ensure seven existing regulations receive updated coordinates, add three new safety zones, increase the radius of six established fireworks events, and have the existing regulations published in a table format. The updated coordinates are necessary to ensure safety zones are in place at the appropriate location of the event. The addition of three new safety zones, all of which are fireworks events, will help prevent injury to spectators from the pyrotechnics. The increase of safety zone radius for six published rules is necessary to protect the public when larger pyrotechnic shell sizes are used during the fireworks displays. A table format increases the readability of published safety zones. This rule will not have a significant economic impact on any vessel owner or operator as stated in the published [[Page 28380]] NPRM. The safety zones will impact small designated areas within Lake Superior for short durations of time. Upon notification from the event sponsor, the date and times for each safety zone will be contained in a published Notice of Enforcement issued by the COTP Duluth. Any small entity that maybe impacted by these regulations at a future date are welcome to contact the Coast Guard. 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 three new safety zones for additional annual events (City of Bayfield 4th of July Fireworks Display, Two Harbors 4th of July Fireworks Display, and Superior 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, Duluth 4th Fest Fireworks Display, LaPointe 4th of July Fireworks Display, and 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 events and to improve the overall clarity and readability of the rule. The amendments 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 rule will be in effect year-round, the specific safety zones listed in Table 1 to Sec. 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. IV. 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 IV.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 [[Page 28381]] 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 environment. This rule involves: The update of seven safety zone locations, the addition of three 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 L60(a) of Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 01. A Record of Environmental Consideration supporting this determination is 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. 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 1 to this section: (1) The Coast Guard will provide advance notice of the enforcement date and time of the safety zone being enforced in Table 1 to this section, 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 1 to Sec. 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 28382]] (8) Superior 4th of July Fireworks All waters of Superior Bay in On or around July 4th. 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]03'38'' W. (9) 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. (10) 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. (11) 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: June 13, 2018. E.E. Williams, Commander, U.S. Coast Guard, Captain of the Port Duluth. [FR Doc. 2018-13055 Filed 6-18-18; 8:45 am] BILLING CODE 9110-04-P
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TABLE 1
[Datum NAD 1983]
Event Location Event date
(1) Grand Marais Splash In; Grand All U.S. navigable waters within the southern portion of West Bay June 16, 2018; 1 p.m. to 5 p.m.
Marais, MI. bound within the following coordinates: 46°40′22.08″ N,
085°59′0.12″ W, 46°40′22.08″ N, 085°58′22.08″ W, and
46°40′14.64″ N, 085°58′19.56″ W, with the West Bay shoreline
forming the South and West boundaries of the zone.
(2) Jordan Valley Freedom Festival All U.S. navigable waters of Lake Charlevoix, near the City of East June 30, 2018; Rain date July 1,
Fireworks; East Jordan, MI. Jordan, within the arc of a circle with an approximate 700-foot ra- 2018; 9 p.m. to 11 p.m.
dius from the fireworks launch site in position 45°09′18″ N,
085°07′48″ W.
(3) Festivals of Fireworks Celebra- All U.S. navigable waters of East Moran Bay within an approximate July 4 and Saturday nights June
tion Fireworks; St. Ignace, MI. 1,000-foot radius from the fireworks launch site at the end of the 30 to September 1, 2018; 30
Starline Mill Slip, centered in position: 45°52′24.62″ N, minutes before sunset and 30
084°43′18.13″ W. minutes after the end of the fire-
works display.
(4) National Cherry Festival Airshow All U.S. navigable waters of the West Arm of Grand Traverse Bay June 28, 2018: 11 a.m. to 5:30
Safety Zone; Traverse City, MI. within a box bounded by the following coordinates: 44°46′51.6″ N, p.m.; June 29, 2018: 12 noon to
085°38′15.6″ W, 44°46′23.4″ N, 085°38′22.8″ W, 44°46′30.00″ N, 6 p.m.; June 30, 2018: 12 noon
085°35′42.00″ W, and 44°46′2.34″ N, 085°35′50.4″ W. to 6 p.m.; July 1, 2018: 12 noon
to 6 p.m.
This action is being taken to provide of the regulation to list the annual zones, increase the safety zone radius of
for the safety of life on navigable events and corresponding safety zones six existing fireworks events, and
waterways during the fireworks in table form. These amendments will modify the format of the regulations in
displays. The regulations for safety protect spectators, participants, and a table format for annually recurring
zones within the Captain of the Port vessels from the hazards associated with events in the Captain of the Port Duluth
Sault Sainte Marie Zone, § 165.918, annual marine events and improve the Zone under § 165.943. The
apply for these fireworks displays. clarity and readability of the regulation. aforementioned NPRM was open for
In addition to this publication in the DATES: This rule is effective July 19, comment for 30 days in which one
Federal Register, the Coast Guard plans 2018. comment was received.
to provide notification of this
ADDRESSES: To view documents III. Discussion of Comments, Changes,
enforcement period via the Local Notice
to Mariners, and marine information mentioned in this preamble as being and the Rule
broadcasts. available in the docket, go to http:// As noted above, we received one
www.regulations.gov, type USCG–2018– comment on our NPRM published
Dated: June 13, 2018. 0102 in the ‘‘SEARCH’’ box and click
M.R. Broz, February 22, 2018. The submission was
‘‘SEARCH.’’ Click on Open Docket not relevant to the rulemaking and no
Captain, U.S. Coast Guard, Captain of the Folder on the line associated with this
Port Sault Sainte Marie. substantive changes were made to the
rule. rule based upon this comment. We
[FR Doc. 2018–13069 Filed 6–18–18; 8:45 am] FOR FURTHER INFORMATION CONTACT: If made nonsubstantive editorial changes
BILLING CODE 9110–04–P you have questions on this rule, call or in the regulatory text of this rule that
email Lieutenant John Mack, Chief of vary from the proposed rule in the
Waterways Management, Marine Safety NPRM.
DEPARTMENT OF HOMELAND Unit Duluth, U.S. Coast Guard;
SECURITY This rule is necessary to ensure seven
telephone 218–725–3818, email existing regulations receive updated
Coast Guard DuluthWWM@uscg.mil. coordinates, add three new safety zones,
SUPPLEMENTARY INFORMATION: increase the radius of six established
33 CFR Part 165 I. Table of Abbreviations fireworks events, and have the existing
regulations published in a table format.
[Docket Number USCG–2018–0102] CFR Code of Federal Regulations The updated coordinates are necessary
RIN 1625–AA00 COTP Captain of the Port to ensure safety zones are in place at the
DHS Department of Homeland Security
FR Federal Register
appropriate location of the event. The
Safety Zones; Recurring Events in addition of three new safety zones, all
Captain of the Port Duluth Zone NPRM Notice of proposed rulemaking
§ Section of which are fireworks events, will help
AGENCY: Coast Guard, DHS. U.S.C. United States Code prevent injury to spectators from the
ACTION: Final rule. pyrotechnics. The increase of safety
II. Background, Purpose, and Legal zone radius for six published rules is
SUMMARY: The Coast Guard will amend Basis necessary to protect the public when
its safety zone regulations for annual On February 22, 2018 the Coast Guard
daltland on DSKBBV9HB2PROD with RULES
larger pyrotechnic shell sizes are used
events in the Captain of the Port Duluth published an NPRM in the Federal during the fireworks displays. A table
Zone. This final rule would update the Register (82 FR 16012) entitled ‘‘Safety format increases the readability of
locations for seven safety zones, add Zones; Recurring Events in Captain of published safety zones.
three new safety zones, increase the the Port Duluth Zone.’’ The NPRM This rule will not have a significant
safety zone radius of six existing proposed to amend seven permanent economic impact on any vessel owner
fireworks events, and modify the format safety zones, add three new safety or operator as stated in the published
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principles and preemption requirements category of actions that do not PART 165—REGULATED NAVIGATION
described in Executive Order 13132. individually or cumulatively have a AREAS AND LIMITED ACCESS AREAS
Also, this rule does not have tribal significant effect on the human
implications under Executive Order environment. This rule involves: The ■ 1. The authority citation for part 165
13175, Consultation and Coordination update of seven safety zone locations, continues to read as follows:
with Indian Tribal Governments, the addition of three new safety zones, Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
because it does not have a substantial an increase of size for six safety zone 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
direct effect on one or more Indian radiuses for fireworks related events, Department of Homeland Security Delegation
tribes, on the relationship between the and the reformatting of regulations into No. 0170.1.
Federal Government and Indian tribes, an easier to read table format. It is ■ 2. Revise § 165.943 to read as follows:
or on the distribution of power and categorically excluded from further
responsibilities between the Federal review under paragraph L60(a) of § 165.943 Safety Zones; Recurring Events
Government and Indian tribes. If you Appendix A, Table 1 of DHS Instruction in Captain of the Port Duluth Zone.
believe this rule has implications for Manual 023–01–001–01, Rev. 01. A (a) Regulations. The following
federalism or Indian tribes, please Record of Environmental Consideration regulations apply to the safety zones
contact the person listed in the FOR supporting this determination is listed in Table 1 to this section:
FURTHER INFORMATION CONTACT section. available in the docket where indicated (1) The Coast Guard will provide
E. Unfunded Mandates Reform Act under ADDRESSES. We seek any advance notice of the enforcement date
comments or information that may lead and time of the safety zone being
The Unfunded Mandates Reform Act
to the discovery of a significant enforced in Table 1 to this section, by
of 1995 (2 U.S.C. 1531–1538) requires
environmental impact from this rule. issuing a Notice of Enforcement, as well
Federal agencies to assess the effects of
their discretionary regulatory actions. In as a Broadcast Notice to Mariners.
G. Protest Activities
particular, the Act addresses actions (2) During the enforcement period, the
that may result in the expenditure by a The Coast Guard respects the First general regulations found in § 165.23
State, local, or tribal government, in the Amendment rights of protesters. shall apply.
aggregate, or by the private sector of Protesters are asked to contact the (b) Contacting the Captain of the Port.
$100,000,000 (adjusted for inflation) or person listed in the FOR FURTHER While a safety zone listed in this section
more in any one year. Though this rule INFORMATION CONTACT section to is enforced, the Captain of the Port
will not result in such an expenditure, coordinate protest activities so that your Duluth or his or her on-scene
we do discuss the effects of this rule message can be received without representative may be contacted via
elsewhere in this preamble. jeopardizing the safety or security of VHF Channel 16. Vessel operators given
people, places or vessels. permission to enter or operate in the
F. Environment safety zone must comply with all
We have analyzed this rule under List of Subjects in 33 CFR Part 165 directions given to them by the Captain
Department of Homeland Security of the Port Duluth, or his or her on-
Harbors, Marine safety, Navigation
Management Directive 023–01 and scene representative.
(water), Reporting and recordkeeping
Commandant Instruction M16475.lD, (c) Exemption. Public vessels, defined
requirements, Security measures,
which guide the Coast Guard in as any vessel owned or operated by the
Waterways.
complying with the National United States or by State or local
Environmental Policy Act of 1969 (42 For the reasons discussed in the governments, operating in an official
U.S.C. 4321–4370f), and have preamble, the Coast Guard amends 33 capacity are exempted from the
determined that this action is one of a CFR part 165 as follows: requirements of this section.
TABLE 1 TO § 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.
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.
daltland on DSKBBV9HB2PROD with RULES
(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.
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TABLE 1 TO § 165.943—Continued
[Datum NAD 1983]
Event Location Event date
(8) Superior 4th of July Fire- All waters of Superior Bay in Superior, WI within the arc of a circle with a radius of On or around July 4th.
works Display. no more than 1,120 feet from the launch site at position 46°43′28″N, 092°03′38″
W.
(9) 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.
(10) 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, 092°03′47″
Display. W.
(11) 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: June 13, 2018. No. EPA–R10–OAR–2017–0566. All comment period for this proposal ended
E.E. Williams, documents in the docket are listed on on February 21, 2018. EPA received
Commander, U.S. Coast Guard, Captain of the https://www.regulations.gov public comments on the proposed
the Port Duluth. website. Although listed in the index, rulemaking. Summaries of the
[FR Doc. 2018–13055 Filed 6–18–18; 8:45 am] some information is not publicly comments as well as EPA’s responses to
BILLING CODE 9110–04–P available, e.g., CBI or other information adverse comments are in Section II of
whose disclosure is restricted by statute. this rulemaking action. After
Certain other material, such as consideration of the comments, we do
ENVIRONMENTAL PROTECTION copyrighted material, is not placed on not believe any changes in the rationale
AGENCY the internet and will be publicly or conclusions in the proposed approval
available only in hard copy form. are appropriate.
40 CFR Part 52 Publicly available docket materials are II. Response to Comments
[EPA–R10–OAR–2017–0566; FRL–9979–48–
available through https://
www.regulations.gov, or please contact EPA received comments on a variety
Region 10] of issues related to the proposed
the person identified in the FOR FURTHER
Air Plan Approval; ID, Crop Residue INFORMATION CONTACT section for approval of Idaho’s crop residue
Burning; Revision to Ozone additional availability information. burning SIP revisions. Out of a total of
Requirement FOR FURTHER INFORMATION CONTACT:
ten comments received, three were
Randall Ruddick at (206) 553–1999, or supportive of EPA’s approval of the SIP
AGENCY: Environmental Protection revisions, four were adverse to the
Agency (EPA). ruddick.randall@epa.gov.
EPA’s proposed approval, and three
SUPPLEMENTARY INFORMATION:
ACTION: Final rule. were determined to be not germane to
Throughout this document, wherever this action. A full copy of all comments
SUMMARY: The Environmental Protection ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, it is received is available in the docket for
Agency (EPA) is taking final action to intended to refer to EPA. final action.
approve revisions to Idaho’s State Table of Contents
Implementation Plan (SIP) related to Comment
agricultural crop residue burning. The I. Background EPA received public comments
Director of the Idaho Department of II. Response to Comments
III. Final Action
arguing that the NAAQS are not
Environmental Quality (IDEQ) adequately protective of public health in
IV. Incorporation by Reference
submitted the revisions to EPA on V. Statutory and Executive Orders Review the context of crop residue burning and
September 22, 2017. IDEQ should not be relied upon as the basis
supplemented the original submission I. Background for approval of the proposed crop
with photochemical modeling analyses On September 22, 2017, the Idaho residue burning SIP revisions. One
on October 23, 2017. The revisions Department of Environmental Quality commenter stated that because the PM2.5
change the ambient ozone concentration (IDEQ) submitted revisions to the SIP NAAQS takes the form of a 24-hour
level at which IDEQ may approve a provisions regulating open burning of average that it allows ‘‘spikes’’ of
permittee’s request to burn. This final crop residue in the state to EPA for emissions that are sufficient to ‘‘kill
action is being taken for the reasons set approval. On January 22, 2018, the EPA citizens, especially children with
out in EPA’s proposed action in this proposed to approve all of the revisions undeveloped lungs, the elderly, and
matter. This action is being taken under requested in the September 22, 2017 anyone with underlying heart or lung
daltland on DSKBBV9HB2PROD with RULES
section 110 of the Clean Air Act (the Act submittal. We are taking final action for diseases.’’ Another commenter urged
or CAA). the reasons explained in the January 22, EPA to disapprove the proposed SIP
DATES: This final rule is effective July 2018 notification of proposed approval revisions, citing studies that they assert
19, 2018. (83 FR 2955). Please see our proposed demonstrate negative human health
ADDRESSES: EPA has established a approval for further explanation and the impacts to exposure to ozone at levels
docket for this action under Docket ID basis for our finding. The public below the NAAQS.
VerDate Sep<11>2014 20:20 Jun 18, 2018 Jkt 244001 PO 00000 Frm 00032 Fmt 4700 Sfmt 4700 E:\FR\FM\19JNR1.SGM 19JNR1](https://thefederalregister.org/doc/83_FR_28497/page/4.svg)
Document Created: 2018-07-02 11:21:47
Document Modified: 2018-07-02 11:21:47
| 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 | Final rule. | |
| Dates | This rule is effective July 19, 2018. | |
| Contact | If you have questions on this rule, call or email Lieutenant John Mack, Chief of Waterways Management, Marine Safety Unit Duluth, U.S. Coast Guard; telephone 218-725-3818, email [email protected] | |
| FR Citation | 83 FR 28379 | |
| RIN Number | 1625-AA00 | |
| CFR Associated | Harbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways |
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