[Federal Register Volume 84, Number 153 (Thursday, August 8, 2019)]
[Rules and Regulations]
[Pages 38867-38869]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-16959]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2019-0300]
RIN 1625-AA08


Special Local Regulations; Festival of Sail Duluth 2019, Lake 
Superior, Duluth, MN

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary special local 
regulation for a designated area of the Duluth Harbor entrance to 
Superior Bay on Lake Superior during the Festival of Sail 2019 event in 
Duluth, MN. This action is necessary to provide for the safety of life 
on these navigable waters around the port of Duluth, MN. This 
rulemaking prohibits persons and vessels from being in the designated 
region unless authorized by the Captain of the Port Duluth or a 
designated representative.

DATES: This rule is effective from 7 a.m. on August 11, 2019, through 5 
p.m. on August 13, 2019.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2019-0300 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 about this 
rulemaking, call or email Lieutenant Abbie Lyons, Waterways Management, 
MSU Duluth, U.S. Coast Guard; telephone 218-725-3818, email 
Abbie.E.Lyons@uscg.mil.

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    On December 11, 2018 Draw Events LLC notified the Coast Guard that 
it will be conducting a Festival of Sail event in Duluth, MN from 
August 11 through August 13, 2019. The Coast Guard published a Notice 
of Proposed Rulemaking (NPRM) in the Federal Register on May 8, 2019. A 
public comment period was held from May 8, 2019 to July 7, 2019 with no 
comments received. A Supplemental Notice of Proposed Rulemaking (SNPRM) 
was submitted to the Federal Register with a comment period held from 
July 3, 2019 to July 17, 2019, extending the Special Local Regulation 
through the duration of the event. During the comment period we 
received no comments.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register. Delaying the effective date of 
this rule would be impracticable because action is needed during the 
Festival of Sail to respond to the potential safety hazards associated 
with increased vessel traffic within Superior Harbor.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C. 
70034. The Captain of the Port Duluth (COTP) has determined that 
potential hazards associated with increased traffic during the Festival 
of Sail starting at 7 a.m. on August 11, 2019 will be a safety concern 
for anyone the designated area. The likely combination of recreational 
vessels, paddling craft, and Tall Ships present an unacceptable risk of 
collisions which could result in serious injuries or fatalities. This 
rule is needed to protect personnel, vessels, and the marine 
environment in the navigable waters within the special local regulation 
during the event.

IV. Discussion of Comments, Changes, and the Rule

    No comments were received on the SNPRM published July 3, 2019. 
There are no changes in the regulatory text of this rule from the 
proposed rule in the SNPRM.
    This rule establishes a Special Local Regulation from 7 a.m. on 
August 11, 2019 through 5 p.m. on August 13, 2019. The duration of the 
zone is intended to protect the safety of vessels and these navigable 
waters before, during, and immediately after the scheduled Festival of 
Sail. Only the designated Tall Ships associated with the event are 
permitted within the zone while it is being enforced. No other vessels 
or persons will be permitted to enter the zone without obtaining 
permission from the COTP or a designated representative during the 
enforcement period. The COTP or a designated representative may be 
contacted via VHF Channel 16 or by telephone at (218) 428-9357. The 
regulatory text appears at the end of this document.

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 13771 directs agencies to control 
regulatory costs through a budgeting process. This rule has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, this rule 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 availability 
of the Superior Harbor entrance as an alternate entry into Superior 
Bay, the short time frame of the special local regulation, and the 
estimated number of spectator vessels around the Duluth Harbor entrance 
for the event. We anticipate that it will have minimal impact on the 
economy, will not interfere with other agencies, will not adversely 
alter the budget of any grant or loan recipients,

[[Page 38868]]

and will not raise any novel legal or policy issues. The Coast Guard 
will issue a Broadcast Notice to Mariners via VHF-FM marine Channel 16 
about the zone, and the rule would allow 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 
restricted area may be small entities, for the reasons stated in 
section V.A above, this rule would 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.
    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 
Directive 023-01 and Environmental Planning COMDTINST 5090.1 (series), 
which guide the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have 
determined that this action is one of a category of actions that do not 
individually or cumulatively have a significant effect on the human 
environment. This rule involves a special local regulation lasting 3 
days that would prohibit entry within a designated area around the 
Duluth Harbor entrance. Normally such actions are categorically 
excluded from further review under paragraph L[61] in Table 3-1 of U.S. 
Coast Guard Environmental Planning Implementing Procedures.

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 100

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

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 100 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

0
1. The authority citation for part 100 continues to read as follows:

    Authority: 46 U.S.C. 70041; 33 CFR 1.05-1.


0
2. Add Sec.  100.T09-0300 to read as follows:


Sec.  100.T09-0300  Special Local Regulations; Festival of Sail Duluth 
2019, Lake Superior, Duluth, MN.

    (a) Regulated area. This area includes all waters of Lake Superior 
and Duluth Harbor bounded by Rice's Point to the west and Duluth to the 
north, within the following boundaries: Beginning at position 
46[deg]46'48.36'' N, 092[deg]05'16.44'' W, across Duluth Harbor to 
46[deg]47'02.76'' N, 092[deg]05'17.88'' W, turning north toward the 
Duluth Lift Bridge to 46[deg]47'19.32'' N, 092[deg]04'04.80'' W, to 
46[deg]46'50.88'' N, 092[deg]05'17.88'' W, out the Duluth Harbor 
Entrance at 46[deg]46'45.12'' N, 092[deg]05'35.16'' W, then northwest 
to 46[deg]46'45.12'' N, 092[deg]05'39.84'' W back to the north Duluth 
Entrance Light at 46[deg]47'01.32'' N, 092[deg]05'51.00'' W, through 
the canal at 46[deg]47'00.60'' N, 092[deg]05'52.08'' W, then along 
Minnesota Point at 46[deg]46'51.60'' N, 092[deg]05'46.32'' W, entering 
Minnesota Slip at 46[deg]46'39.00'' N, 092[deg]06'03.96'' W, 
encompassing the slip from 46[deg]46'32.16'' N, 092[deg]05'38.76'' W to 
46[deg]46'41.52'' N, 092[deg]05'36.24'' W and back out the slip at 
46[deg]46'42.60'' N, 092[deg]05'34.44'' W and back to the starting

[[Page 38869]]

position of 46[deg]46'48.36'' N, 092[deg]05'16.44'' W.
    (b) Special local regulations. (1) In accordance with the general 
regulations in Sec.  100.35 of this part, entry into, transiting, or 
anchoring within the regulated areas is prohibited unless authorized by 
the Captain of the Port (COTP) Duluth or on-scene representatives.
    (2) Vessels and persons receiving COTP Duluth or on-scene 
representative authorization to enter the area of this special local 
regulation must do so in accordance with the following restrictions:
    (i) Vessels and persons must transit at a speed not exceed six (6) 
knots or at no wake speed, whichever is less. Vessels proceeding under 
sail will not be allowed in this Area unless also propelled by 
machinery, due to limited maneuvering ability around numerous other 
spectator craft viewing the Festival of Sail.
    (ii) Vessels and persons will not be permitted to impede the parade 
of sail from 7 a.m. to 1 p.m. on August 11, 2019 once it has commenced, 
as the tall ships are extremely limited in their ability to maneuver.
    (3) The Coast Guard will provide notice of the regulated area prior 
to the event through Local Notice to Mariners and Broadcast Notice to 
Mariners. Notice of the requirements of this rule will also be provided 
as a courtesy by on-scene representatives, as available. Notice of 
actual enforcement will be provided by on-scene representatives.
    (4) The ``on-scene representative'' of the COTP Duluth is any Coast 
Guard commissioned, warrant, or petty officer and any Federal, State, 
or local officer designated by the COTP to act on her behalf.
    (5) Vessel operators desiring to enter or operate within the 
regulated area shall contact the COTP Duluth by telephone at (218) 428-
9357, or on-scene representative via VHF radio on Channel 16, to obtain 
permission to do so. Vessel operators given permission to enter, 
operate, transit through, anchor in, or remain within the regulated 
areas must comply with all instructions given by COTP Duluth or on-
scene representatives.
    (c) Effective date. These regulations are effective from 7 a.m. on 
August 11, 2019, through 5 p.m. on August 13, 2019. These regulations 
will be enforced from 7 a.m. on August 11, 2019 through 5 p.m. on 
August 13, 2019, during the Parade of Sail, and during various periods 
of time by the on-scene representative throughout the event.

    Dated: August 2, 2019.
F.M. Smith,
Commander, U.S. Coast Guard, Captain of the Port Duluth.
[FR Doc. 2019-16959 Filed 8-7-19; 8:45 am]
BILLING CODE 9110-04-P


