[Federal Register Volume 83, Number 36 (Thursday, February 22, 2018)]
[Proposed Rules]
[Pages 7647-7650]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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 [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

[[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]
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                 Event                               Location                           Event date
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(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.
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    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


