83 FR 7647 - Safety Zones; Recurring Events in Captain of the Port Duluth Zone

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 83, Issue 36 (February 22, 2018)

Page Range		7647-7650
FR Document		2018-03624

The Coast Guard proposes to amend its safety zones regulations for annual events in the Captain of the Port Duluth Zone. This 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 proposed amendments would protect spectators, participants, and vessels from the hazards associated with annual marine events and improve the clarity and readability of the regulation.

Federal Register, Volume 83 Issue 36 (Thursday, February 22, 2018)

[Federal Register Volume 83, Number 36 (Thursday, February 22, 2018)]
[Proposed Rules]
[Pages 7647-7650]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2018-03624]

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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: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to amend its safety zones regulations
for annual events in the Captain of the Port Duluth Zone. This 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 proposed
amendments would 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 March 26, 2018.

ADDRESSES: You may submit comments identified by docket number USCG-
2018-0102 using the Federal eRulemaking Portal at http://www.regulations.gov. Type the docket number (USCG-2018-0102) 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 John Mack, Chief of Waterways Management,
Marine Safety Unit Duluth, U.S. Coast Guard; telephone 218-725-3818,
email John.V.Mack@uscg.mil.

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

[[Page 7648]]

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. Since that time there have been changes to the events that were
listed in the Final Rule and additional annual events have been
established. Through this proposed rule the Coast Guard seeks to update
Sec. 165.943 to reflect the current status of recurring marine events
in the Captain of the Port Duluth zone.

III. Discussion of Proposed Rule

The Coast Guard is proposing 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, and 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,
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 regulatory text we are proposing appears at the end of this
document.
The amendments to this proposed rule are necessary to ensure the
safety of vessels and people during annual events taking place on or
near federally maintained waterways in the Captain of the Port Duluth
Zone. Although this proposed rule would be in effect year-round, the
specific safety zones listed in Table 165.943 would only be enforced
during a specified period of time coinciding with the happening of the
annual events listed.
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 may be contacted
via VHF Channel 16 or telephone at (906) 635-3233. 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 proposed 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 13771 directs agencies to control
regulatory costs through a budgeting process. This NPRM has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, the NPRM has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
This regulatory action determination is based on the size,
location, duration, and time-of-day for each safety zone. Vessel
traffic would be able to safely transit around all safety zones which
would 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 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 zones 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.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
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. 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 proposed 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 proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would 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

[[Page 7649]]

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 proposed 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 proposed rule under Department of Homeland
Security Management Directive 023-01, which guide the Coast Guard in
complying with the National Environmental Policy Act of 1969 (42 U.S.C.
4321-4370f), and have made a preliminary determination that this action
is one of a category of actions that does not individually or
cumulatively have a significant effect on the human environment. This
proposed 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. Normally such actions
are categorically excluded from further review under paragraph L60a of
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 01. A
preliminary 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.

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, visit http://www.regulations.gov/privacyNotice.
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 website'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 record
keeping requirements, Security measures, Waterways.

For the reasons discussed in the preamble, the Coast Guard proposes
to amend 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) In accordance with the general regulations in Sec. 165.23 of
this part, entry into, transiting, or anchoring in this safety zone is
prohibited unless authorized by the Captain of the Port Duluth, or the
designated on-scene representative.
(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 or
telephone at (906) 635-3233. Vessel operators given permission to enter
or operate in a 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 Mid June.
Display. Waterway 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 On or around July 4th.
Display. in 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.

[[Page 7650]]

(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 Fireworks All waters of Siskiwit Bay in On or around July 4th.
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 Display.. All waters of the Duluth Harbor On or around July 4th.
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 Fireworks All waters of Agate Bay in Two On or around July 4th.
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.
(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 Festival All waters of Superior Bay in Late August.
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: February 14, 2018.
E.E. Williams,
Commander, U.S. Coast Guard, Captain of the Port Duluth.
[FR Doc. 2018-03624 Filed 2-21-18; 8:45 am]
BILLING CODE 9110-04-P

7648 Federal Register / Vol. 83, No. 36 / Thursday, February 22, 2018 / Proposed Rules

Register (78 FR 32608) entitled coinciding with the happening of the with populations of less than 50,000.
‘‘Recurring Events in the Captain of the annual events listed. The Coast Guard certifies under 5 U.S.C.
Port Duluth Zone.’’ The NPRM When a Notice of Enforcement for a 605(b) that this rule will not have a
proposed to establish 8 permanent particular safety zone is published, significant economic impact on a
safety zones for annually recurring entry into, transiting through, or substantial number of small entities.
events in the Captain of the Port Duluth anchoring within the safety zone is While some owners or operators of
Zone under § 165.943. The NPRM was prohibited unless authorized by the vessels intending to transit the safety
open for comment for 30 days. Captain of the Port Duluth, or his or her zones may be small entities, for the
On August 12, 2013 the Coast Guard designated representative. The Captain reasons stated in section V.A above, this
published the Final Rule in the Federal of the Port Duluth or his or her rule will not have a significant
Register (78 FR 48802), after receiving designated representative may be economic impact on any vessel owner
no comments on the NPRM. Since that contacted via VHF Channel 16 or or operator.
time there have been changes to the telephone at (906) 635–3233. No vessel If you think that your business,
events that were listed in the Final Rule or person will be permitted to enter the organization, or governmental
and additional annual events have been safety zone without obtaining jurisdiction qualifies as a small entity
established. Through this proposed rule permission from the COTP or a and that this rule would have a
the Coast Guard seeks to update designated representative. significant economic impact on it,
§ 165.943 to reflect the current status of please submit a comment (see
V. Regulatory Analyses ADDRESSES) explaining why you think it
recurring marine events in the Captain
of the Port Duluth zone. We developed this proposed rule after qualifies and how and to what degree
considering numerous statutes and this rule would economically affect it.
III. Discussion of Proposed Rule Executive Orders related to rulemaking. Under section 213(a) of the Small
The Coast Guard is proposing this Below we summarize our analyses Business Regulatory Enforcement
rule under authority in 33 U.S.C. 1231. based on a number of these statutes and Fairness Act of 1996 (Pub. L. 104–121),
The Captain of the Port Duluth (COTP) Executive orders, and we discuss First we want to assist small entities in
has determined that an amendment to Amendment rights of protestors. understanding this rule. If the rule
the recurring events list as published in would affect your small business,
A. Regulatory Planning and Review
33 CFR 165.943 will be necessary to: organization, or governmental
Executive Orders 12866 and 13563 jurisdiction and you have questions
Update the location of seven existing direct agencies to assess the costs and
safety zones (Bridgefest Regatta concerning its provisions or options for
benefits of available regulatory compliance, please contact the person
Fireworks Display, Cornucopia 4th of alternatives and, if regulation is
July Fireworks Display, Duluth 4th Fest listed in the FOR FURTHER INFORMATION
necessary, to select regulatory CONTACT section. The Coast Guard will
Fireworks Display, LaPointe 4th of July approaches that maximize net benefits.
Fireworks Display, Point to LaPointe not retaliate against small entities that
Executive Order 13771 directs agencies question or complain about this rule or
Swim, Lake Superior Dragon Boat to control regulatory costs through a
Festival, and Superior Man Triathlon), any policy or action of the Coast Guard.
budgeting process. This NPRM has not
add three new safety zones for been designated a ‘‘significant C. Collection of Information
additional annual events (City of regulatory action,’’ under Executive This rule will not call for a new
Bayfield 4th of July Fireworks Display, Order 12866. Accordingly, the NPRM collection of information under the
Two Harbors 4th of July Fireworks has not been reviewed by the Office of Paperwork Reduction Act of 1995 (44
Display, and Superior 4th of July Management and Budget (OMB), and U.S.C. 3501–3520).
Fireworks Display), increase the safety pursuant to OMB guidance it is exempt
zone radius of six fireworks events D. Federalism and Indian Tribal
from the requirements of Executive
(Bridgefest Regatta Fireworks Display, Governments
Order 13771.
Ashland 4th of July Fireworks Display, This regulatory action determination A rule has implications for federalism
Cornucopia 4th of July Fireworks is based on the size, location, duration, under Executive Order 13132,
Display, LaPointe 4th of July Fireworks and time-of-day for each safety zone. Federalism, if it has a substantial direct
Display, and Lake Superior Dragon Boat Vessel traffic would be able to safely effect on the States, on the relationship
Festival), and format the existing transit around all safety zones which between the national government and
regulations into a table format. The would impact small designated areas the States, or on the distribution of
purpose of this rule is to ensure safety within Lake Superior for short durations power and responsibilities among the
of vessels and the navigable waters in of time. Moreover, the Coast Guard will various levels of government. We have
the safety zone before, during, and after issue Broadcast Notice to Mariners via analyzed this proposed rule under that
the scheduled events and to improve the VHF–FM marine channel 16 about the Order and have determined that it is
overall clarity and readability of the zone and the rule allows vessels to seek consistent with the fundamental
rule. The regulatory text we are permission to enter the zone. federalism principles and preemption
proposing appears at the end of this requirements described in Executive
document. B. Impact on Small Entities Order 13132.
The amendments to this proposed The Regulatory Flexibility Act of Also, this proposed rule does not have
rule are necessary to ensure the safety 1980, 5 U.S.C. 601–612, as amended, tribal implications under Executive
daltland on DSKBBV9HB2PROD with PROPOSALS

of vessels and people during annual requires Federal agencies to consider Order 13175, Consultation and
events taking place on or near federally the potential impact of regulations on Coordination with Indian Tribal
maintained waterways in the Captain of small entities during rulemaking. The Governments, because it would not have
the Port Duluth Zone. Although this term ‘‘small entities’’ comprises small a substantial direct effect on one or
proposed rule would be in effect year- businesses, not-for-profit organizations more Indian tribes, on the relationship
round, the specific safety zones listed in that are independently owned and between the Federal Government and
Table 165.943 would only be enforced operated and are not dominant in their Indian tribes, or on the distribution of
during a specified period of time fields, and governmental jurisdictions power and responsibilities between the

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Document Created: 2018-02-22 02:50:57
Document Modified: 2018-02-22 02:50:57

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 March 26, 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 7647
RIN Number		1625-AA00
CFR Associated		Harbors; Marine Safety; Navigation (water); Reporting and Record Keeping Requirements; Security Measures and Waterways

83 FR 7647 - Safety Zones; Recurring Events in Captain of the Port Duluth Zone

DEPARTMENT OF HOMELAND SECURITYCoast Guard

Federal Register Volume 83, Issue 36 (February 22, 2018)

DEPARTMENT OF HOMELAND SECURITY
Coast Guard