Safety Zones; Recurring Events in Captain of the Port Duluth Zone, 32608-32612 [2013-12887]

Download as PDF 32608 Federal Register / Vol. 78, No. 105 / Friday, May 31, 2013 / Proposed Rules the mortgage sale and to notify those potential purchasers of their obligations under this section; (iii) Use the information only to evaluate the mortgage in connection with the mortgage sale; and (iv) Follow disclosure procedures for that sale that have been established by the Secretary of HUD. (3) The potential investors in the mortgage have agreed to keep the information confidential and to use the information only to evaluate the mortgage in connection with their investment decision. (c) Investor use of disclosed information. Potential investors in the mortgage shall not disclose the information to other entities unless the disclosure is: (1) Necessary for the investor’s evaluation of the mortgage; (2) Made in accordance with disclosure procedures for the specific sale that have been established by HUD; and (3) Limited to the period specified by HUD for the mortgage sale. (d) Improper use of disclosed information. An eligible potential purchaser or a potential investor (who has received the information from a potential purchaser and has been notified by that entity of its obligations under paragraph (b) of this section) who discloses information in violation of this section may be subject to sanctions under 2 CFR part 2424. tkelley on DSK3SPTVN1PROD with PROPOSALS § 15.110 Appeals. (a) In general. A requester may appeal an adverse determination denying a request, in any respect, in writing to the address specified in HUD’s notice responding to the FOIA request (see § 15.105). The letter of appeal should clearly identify the determination that is being appealed and the assigned tracking number. The appeal letter and envelope should be marked ‘‘Freedom of Information Act Appeal’’ for the quickest possible handling. If mailed, the requester’s letter of appeal must be postmarked within 30 calendar days of the date of HUD’s letter of determination. If the letter of appeal is transmitted by means other than the United States Postal Service, it must be received in the appropriate office by the close of business on the 30th calendar day after the date of HUD’s letter of determination. (b) Time frames. (1) Expedited processing. HUD will decide an appeal of a denial of a request to expedite processing of a FOIA request within 10 working days of receipt of the appeal. (2) All other appeals. HUD will make a determination on appeals within 20 VerDate Mar<15>2010 19:19 May 30, 2013 Jkt 229001 working days of receipt unless unusual circumstances require HUD to extend the time for an additional 10 working days. (3) Exceptions. An appeal ordinarily will not be acted upon if the subject of the appeal is simultaneously being litigated in an applicable federal court. (c) Content of appeals. An appeal letter should include the following: (1) A copy of the original request; (2) A copy of the adverse determination; (3) A statement of facts and legal arguments supporting the appeal; and (4) Any additional information the appellant wishes to include. (d) When appeal is required. Before seeking a court review of HUD’s adverse determination, a requester generally should have exhausted their administrative remedies. § 15.111 HUD response to appeals. (a) In general. (1) The appellate official will conduct a de novo review of the entire record and applicable law when making a decision. (2) The decision on the appeal will be made in writing and will be considered the final action of HUD. (i) A decision affirming an adverse determination, in whole or in part, will contain a statement of the reason(s) for the affirmation, including any FOIA exemption(s) applied, and will inform the appellant of the FOIA provisions for potential court review of the decision. (ii) If the adverse determination is modified on appeal, in whole or in part, a written decision will be sent to the appellant and the FOIA request will be reprocessed in accordance with the appeal decision. (b) Appeal of a denial of record request. Upon appeal of a denial of a record request, the appellate official will issue a decision that either: (1) Overturns the adverse determination, in whole or in part, and remands the request to the appropriate office. The requester will be notified of the rationale for the determination in writing. The original office will then reprocess the request in accordance with the appeal determination and respond directly to the requester; or (2) Affirms the adverse determination and declines to provide the requested records to the appellant. (c) Appeal of a fee determination. Upon appeal of a fee determination, the appellate official will issue a decision that either: (1) Waives the fee or charges the fee that the appellant requested; (2) Modifies the original fee charged and explains why the modified fee is appropriate; or PO 00000 Frm 00033 Fmt 4702 Sfmt 4702 (3) Advises the appellant that the original fee charged was appropriate and gives the reasons behind this determination. (d) Appeal of a denial of expedited processing. Upon appeal of a denial of an expedited processing request, the appellate official will issue a decision that either: (1) Overturns the adverse determination and grants the expedited processing request; or (2) Affirms the decision to deny expedited processing. Dated: May 1, 2013. Shaun Donovan, Secretary. [FR Doc. 2013–12604 Filed 5–30–13; 8:45 am] BILLING CODE 4210–67–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket No. USCG–2013–0214] RIN 1625–AA00 Safety Zones; Recurring Events in Captain of the Port Duluth Zone Coast Guard, DHS. Notice of proposed rulemaking. AGENCY: ACTION: SUMMARY: The Coast Guard proposes to establish permanent safety zones for annually recurring marine events in the Coast Guard Marine Safety Unit Duluth Captain of the Port (COTP) Zone. The safety zones in this proposed rule are needed to protect both spectators and participants from the hazards associated with the events. During the enforcement period of the safety zones, persons and vessels are prohibited from entering, transitioning through, remaining, anchoring or mooring within the zone unless specifically authorized by the COTP or designated representative. DATES: Comments and related material must be received by the Coast Guard on or before July 1, 2013. ADDRESSES: You may submit comments identified by docket number USCG– 2013–0214 using any one of the following methods: (1) Federal eRulemaking Portal: http://www.regulations.gov. (2) Fax: 202–493–2251. (3) Mail or Delivery: Docket Management Facility (M–30), U.S. Department of Transportation, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE., Washington, DC 20590–0001. Deliveries E:\FR\FM\31MYP1.SGM 31MYP1 Federal Register / Vol. 78, No. 105 / Friday, May 31, 2013 / Proposed Rules accepted between 9 a.m. and 5 p.m., Monday through Friday, except federal holidays. The telephone number is 202– 366–9329. See the ‘‘Public Participation and Request for Comments’’ portion of the SUPPLEMENTARY INFORMATION section below for further instructions on submitting comments. To avoid duplication, please use only one of these three methods. FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, call or email Lieutenant Judson Coleman, Chief of Waterways Management Marine Safety Unit Duluth, U.S. Coast Guard; telephone (218) 720–5286, Extension 111 or by email Judson.A.Coleman@uscg.mil. If you have questions on viewing or submitting material to the docket, call Barbara Hairston, Program Manager, Docket Operations, telephone (202) 366–9826. SUPPLEMENTARY INFORMATION: Table of Acronyms DHS Department of Homeland Security FR Federal Register NPRM Notice of Proposed Rulemaking tkelley on DSK3SPTVN1PROD with PROPOSALS A. Public Participation and Request for Comments We encourage you to participate in this rulemaking by submitting comments and related materials. All comments received will be posted without change to http:// www.regulations.gov and will include any personal information you have provided. 1. Submitting Comments If you submit a comment, please include the docket number for this rulemaking (USCG–2013–0214), indicate the specific section of this document to which each comment applies, and provide a reason for each suggestion or recommendation. You may submit your comments and material online (via http:// www.regulations.gov), or by fax, mail, or hand delivery, but please use only one of these means. If you submit a comment online via www.regulations.gov, it will be considered received by the Coast Guard when you successfully transmit the comment. If you fax, hand deliver, or mail your comment, it will be considered as having been received by the Coast Guard when it is received at the Docket Management Facility. We recommend that you include your name and a mailing address, an email address, or a telephone number in the body of your document so that we can contact you if we have questions regarding your submission. VerDate Mar<15>2010 16:53 May 30, 2013 Jkt 229001 To submit your comment online, go to http://www.regulations.gov, type the docket number [USCG–2013–0214] In the ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ Click on ‘‘Submit a Comment’’ on the line associated with this rulemaking. If you submit your comments by mail or hand delivery, submit them in an unbound format, no larger than 8c by 11 inches, suitable for copying and electronic filing. If you submit comments by mail and would like to know that they reached the Facility, please enclose a stamped, self-addressed postcard or envelope. We will consider all comments and material received during the comment period and may change the rule based on your comments. 2. Viewing Comments and Documents To view comments, as well as documents mentioned in this preamble as being available in the docket, go to http://www.regulations.gov, type the docket number (USCG–2013–0214) in the ‘‘SEARCH’’ box and click ‘‘Search.’’ Click the ‘‘Open Docket Folder on the line associated with this rulemaking. You may also visit the Docket Management Facility in Room W12–140 on the ground floor of the Department of Transportation West Building, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. 3. Privacy Act Anyone can search the electronic form of comments received into any of our dockets by the name of the individual submitting the comment (or signing the comment, if submitted on behalf of an association, business, labor union, etc.). You may review a Privacy Act notice regarding our public dockets in the January 17, 2008, issue of the Federal Register (73 FR 3316). 4. Public Meeting We do not now plan to hold a public meeting. But you may submit a request for one, using one of the methods specified under ADDRESSES. Please explain why you believe a public meeting would be beneficial. If we determine that one would aid this rulemaking, we will hold one at a time and place announced by a later notice in the Federal Register. B. Basis and Purpose The purpose of this proposed rule is to establish necessary safety zones for recurring events. This rule is being proposed in order to safeguard against the hazards associated with annual PO 00000 Frm 00034 Fmt 4702 Sfmt 4702 32609 marine events taking place in the Duluth Captain of the Port Zone. The legal basis for the rule is the Coast Guard’s authority to establish regulated navigation areas and other limited access areas: 33 U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 33 CFR 1.05–1, 6.04–1, 6.04–6, 160.5; Public Law 107–295, 116 Stat. 2064; Department of Homeland Security Delegation No. 0170.1. C. Discussion of Proposed Rule This rule proposes to establish 8 new safety zones in 33 CFR Part 165 for annual marine events in the Marine Safety Unit Duluth Captain of the Port (COTP) Zone. These events include fireworks displays for the 4th of July holiday, specifically the Duluth fourth festival, Cornucopia fireworks, Ashland fireworks and the Madeline Island fireworks, and other historically recurring marine events, including the Lake Superior Dragon Boat Festival (LSDBF), The Superior Man Triathlon, and the Point to LaPointe swim. As large numbers of spectator vessels are expected to congregate in the location of these events, the safety zones in this proposed rule are needed to protect both spectators and participants from the hazards associated with the events. During the enforcement period of the safety zones, persons and vessels are prohibited from entering, transitioning through, remaining, anchoring or mooring within the zone unless specifically authorized by the COTP or designated representative. The Coast Guard may be assisted by other federal, state and local agencies in the enforcement of these regulations. Certain safety zones are listed without known dates or times. The Coast Guard will give notice of the enforcement of these safety zones by all appropriate means to the effected segments of the public, including publication in the Federal Register as practicable, in accordance with 33 CFR 165.7(a). Such means of notification may also include, but are not limited to Broadcast Notice to Mariners and Local Notice to Mariners. D. Regulatory Analyses We developed this proposed rule after considering numerous statutes and executive orders related to rulemaking. Below we summarize our analyses based on these statutes and executive orders. 1. Regulatory Planning and Review This proposed rule is not a significant regulatory action under section 3(f) of Executive Order 12866, Regulatory Planning and Review, and does not E:\FR\FM\31MYP1.SGM 31MYP1 32610 Federal Register / Vol. 78, No. 105 / Friday, May 31, 2013 / Proposed Rules tkelley on DSK3SPTVN1PROD with PROPOSALS require an assessment of potential costs and benefits under section 6(a)(3) of that Order. The Office of Management and Budget has not reviewed it under that Order. It is not deemed ‘‘significant’’ under the regulatory policies and procedures of the Department of Homeland Security (DHS). We conclude that this proposed rule is not a significant regulatory action because 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, and will not raise any novel legal or policy issues. Overall, we expect the economic impact of this proposed rule to be minimal and that a full Regulatory Evaluation is not necessary. they can better evaluate its effects on them and participate in the rulemaking. 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, above. The Coast Guard will not retaliate against small entities that question or complain about this proposed rule or any policy or action of the Coast Guard. 2. Small Entities Under The Regulatory Flexibility Act (5 U.S.C. 601–612), we have considered the impact of this proposed rule on small entities. The Coast Guard certifies under 5 U.S.C. 605(b) that this proposed rule would not have a significant economic impact on a substantial number of small entities. This proposed rule will affect the following entities, some of which might be small entities: the owners or operators of vessels intending to transit or anchor in the safety zones during the enforcement periods. This proposed safety zone will not have a significant economic impact on a substantial number of small entities for the following reasons: the safety zones will be of limited size and of short duration; vessels that can safely do so may navigate in all other portions of the waterway except for the areas designated as safety zones; and these safety zones have been promulgated in the past with zero public comments submitted. Additionally, before the enforcement period, the Coast Guard will issue notice of the time and location of each safety zone through a Local Notice to Mariners and Broadcast Notice to Mariners. 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. 5. Federalism 3. Assistance for Small Entities 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 proposed rule so that VerDate Mar<15>2010 16:53 May 30, 2013 Jkt 229001 4. Collection of Information This proposed rule would call for no new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501–3520.). A rule has implications for federalism under Executive Order 13132, Federalism, if it has a substantial direct effect on State or local governments and would either preempt State law or impose a substantial direct cost of compliance on them. We have analyzed this proposed rule under that Order and have determined that it does not have implications for federalism. 6. 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. 7. 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 would not result in such expenditure, we do discuss the effects of this rule elsewhere in this preamble. 8. Taking of Private Property This proposed rule would not cause a taking of private property or otherwise have taking implications under Executive Order 12630, Governmental Actions and Interference with Constitutionally Protected Property Rights. PO 00000 Frm 00035 Fmt 4702 Sfmt 4702 9. Civil Justice Reform This proposed rule meets applicable standards in sections 3(a) and 3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize litigation, eliminate ambiguity, and reduce burden. 10. Protection of Children We have analyzed this proposed rule under Executive Order 13045, Protection of Children from Environmental Health Risks and Safety Risks. This rule is not an economically significant rule and would not create an environmental risk to health or risk to safety that might disproportionately affect children. 11. Indian Tribal Governments 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 Federal Government and Indian tribes. 12. Energy Effects We have analyzed this proposed rule under Executive Order 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use. We have determined that it is not a ‘‘significant energy action’’ under that order because it is not a ‘‘significant regulatory action’’ under Executive Order 12866 and is not likely to have a significant adverse effect on the supply, distribution, or use of energy. The Administrator of the Office of Information and Regulatory Affairs has not designated it as a significant energy action. Therefore, it does not require a Statement of Energy Effects under Executive Order 13211. 13. Technical Standards The National Technology Transfer and Advancement Act (NTTAA) (15 U.S.C. 272 note) directs agencies to use voluntary consensus standards in their regulatory activities unless the agency provides Congress, through the Office of Management and Budget, with an explanation of why using these standards would be inconsistent with applicable law or otherwise impractical. Voluntary consensus standards are technical standards (e.g., specifications of materials, performance, design, or operation; test methods; sampling procedures; and related management systems practices) that are developed or E:\FR\FM\31MYP1.SGM 31MYP1 Federal Register / Vol. 78, No. 105 / Friday, May 31, 2013 / Proposed Rules adopted by voluntary consensus standards bodies. This proposed rule does not use technical standards. Therefore, we did not consider the use of voluntary consensus standards. 14. Environment We have analyzed this proposed 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 (NEPA)(42 U.S.C. 4321–4370f), and have made a preliminary determination that this action is one of a category of actions that do not individually or cumulatively have a significant effect on the human environment. A preliminary environmental analysis checklist supporting this determination is available in the docket where indicated under ADDRESSES. This proposed rule involves the establishment of a safety zone and is therefore categorically excluded under figure 2–1, paragraph 34(g) of the Instruction. We seek any comments or information that may lead to the discovery of a significant environmental impact from this proposed rule. List of Subjects in 33 CFR Part 165 Harbors, Marine Safety, Navigation (water), Reporting and recordkeeping requirements, Security measure, 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 1. The authority citation for part 165 continues to read as follows: ■ Authority: 33 U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; Pub. L. 107–295, 116 Stat. 2064; Department of Homeland Security Delegation No. 0170.1. ■ 2. Add § 165.943 to read as follows: tkelley on DSK3SPTVN1PROD with PROPOSALS § 165.943 Annual events requiring safety zones in the Captain of the Port Duluth zone. (a) Safety Zones. The following areas are designated safety zones: (1) Bridgefest Regatta Fireworks; Houghton, MI. (i) Location. All waters of the Keweenaw Waterway bounded by the arc of a circle with a 300-foot radius from the fireworks launch site with its center in position 47°07′28.35″ N, 088°35′01.78″ W. (ii) Enforcement date and time. This event historically occurs in mid June. VerDate Mar<15>2010 19:22 May 30, 2013 Jkt 229001 The Captain of the Port, Marine Safety Unit Duluth, will establish enforcement dates that will be announced with a Notice of Enforcement and marine information broadcast. (2) Lake Superior Dragon Boat Festival Fireworks; Superior, WI. (i) Location. All waters of Superior Bay, WI within a 150-foot radius with its center at 46°43′23.5164″ N, 092°03′45.1944″ W. (ii) Enforcement date and time. This event historically occurs in late August. The Captain of the Port, Marine Safety Unit Duluth, will establish enforcement dates that will be announced with a Notice of Enforcement and marine information broadcast. (3) Duluth Fourth Fest Fireworks; Duluth, MN. (i) Location. All U.S. navigable waters of the Duluth Harbor Basin Northern Section within a 900-foot radius of position 46°46′19″ N, 092°06′11″ W. (ii) Enforcement date and time. This event historically occurs on or around the 4th of July week. The Captain of the Port, Marine Safety Unit Duluth, will establish enforcement dates that will be announced with a Notice of Enforcement and marine information broadcast. (4) Cornucopia Fireworks; Cornucopia, WI. (i) Location. All waters of Siskiwit Bay bounded by a circle with a 300-foot radius surrounding the fireworks launch site with its center in position 46°51′35″ N, 091°06′10″ W. (ii) Enforcement date and time. This event historically occurs on or around the 4th of July week. The Captain of the Port, Marine Safety Unit Duluth, will establish enforcement dates that will be announced with a Notice of Enforcement and marine information broadcast. (5) LaPointe Fireworks; LaPointe, WI. (i) Location. All waters of Lake Superior bounded by the arc of a circle with a 375-foot radius from the fireworks launch site with its center in position 46°46′40.1″ N, 090°47′22″ W. (ii) Enforcement date and time. This event historically occurs on or around the 4th of July week. The Captain of the Port, Marine Safety Unit Duluth, will establish enforcement dates that will be announced with a Notice of Enforcement and marine information broadcast. (6) Ashland Fireworks; Ashland, WI. (i) Location. All waters of Chequamegon Bay bounded by the arc of a circle with a 600-foot diameter from the fireworks launch site with its center in position 46°35.50′ N, 090°53.0′ W. (ii) Enforcement date and time. This event historically occurs on or around PO 00000 Frm 00036 Fmt 4702 Sfmt 4702 32611 the 4th of July week. The Captain of the Port, Marine Safety Unit Duluth, will establish enforcement dates that will be announced with a Notice of Enforcement and marine information broadcast. (7) Point to LaPointe Swim; LaPointe, WI. (i) Location. All waters between Bayfield, WI and Madeline Island, WI within an imaginary line created by the following coordinates: 46°48′50.97″ N, 090°48′44.28″ W, moving southeast to 46°46′44.9″ N, 090°47′33.21″ W, then moving northeast to 46°46′52.51″ N 090°47′17.14″ W, then moving northwest to 46°49′3.23″ N, 090°48′25.12″ W and finally running back to the starting point. (ii) Enforcement date and time. This event historically occurs in early August. The Captain of the Port, Marine Safety Unit Duluth, will establish enforcement dates that will be announced with a Notice of Enforcement and marine information broadcast. (8) Superior Man Triathlon; Superior, WI. (i) Location. All waters of the Duluth Harbor Basin, Northern Section, including the Duluth Entry encompassed in an imaginary line beginning at point 46°46′36.1236″ N, 092°06′06.987″ W, running southeast to 46°46′32.7534″ N, 092°06′01.7382″ W, running northeast to 46°46′45.9228″ N, 092°05′45.1818″ W, running northwest to 46°46′49.4718″ N, 092°05′49.349″ W and finally running southwest back to the starting point. (ii) Enforcement date and time. This event historically occurs in late August. The Captain of the Port, Marine Safety Unit Duluth, will establish enforcement dates that will be announced with a Notice of Enforcement and marine information broadcast. (b) Regulations. (1) In accordance with the general regulations in section 165.23 of this part, entry into, transiting, or anchoring in this safety zone is prohibited unless authorized by the Captain of the Port, Marine Safety Unit Duluth, or the designated on-scene representative. (2) This safety zone is closed to all vessel traffic except as authorized by the Captain of the Port, Marine Safety Unit Duluth, or the designated on-scene representative. (3) The ‘‘on-scene representative’’ of the Captain of the Port, Marine Safety Unit Duluth, is any Coast Guard commissioned, warrant, or petty officer who has been designated to act on behalf of the Captain of the Port, Marine Safety Unit Duluth. The on-scene representative of the Captain of the Port, E:\FR\FM\31MYP1.SGM 31MYP1 32612 Federal Register / Vol. 78, No. 105 / Friday, May 31, 2013 / Proposed Rules Marine Safety Unit Duluth, will be aboard either a Coast Guard or Coast Guard Auxiliary vessel. The Captain of the Port, Marine Safety Unit Duluth, or the designated on-scene representative may be contacted via VHF Channel 16. (4) Vessel operators desiring to enter or operate within the safety zone shall contact the Captain of the Port, Marine Safety Unit Duluth, or the designated on-scene representative to obtain permission to do so. Vessel operators given authorization to enter or operate in the safety zone must comply with all directions given to them by the Captain of the Port, Marine Safety Unit Duluth, or the on-scene representative. Dated: April 25, 2013. K.R.Bryan, Commander, U.S. Coast Guard, Captain of the Port, Marine Safety Unit Duluth. [FR Doc. 2013–12887 Filed 5–30–13; 8:45 am] BILLING CODE 9110–04–P ARCHITECTURAL AND TRANSPORTATION BARRIERS COMPLIANCE BOARD 36 CFR Part 1195 [Docket No. ATBCB–2012–0003] RIN 3014–AA40 Medical Diagnostic Equipment Accessibility Standards Advisory Committee Architectural and Transportation Barriers Compliance Board. ACTION: Notice of advisory committee meeting. AGENCY: SUMMARY: The Medical Diagnostic Equipment Accessibility Standards Advisory Committee will hold its seventh meeting. On July 5, 2012, the Architectural and Transportation Barriers Compliance Board (Access Board) established the advisory committee to make recommendations to the Board on matters associated with comments received and responses to questions included in a previously published Notice of Proposed Rulemaking (NPRM) on Medical Diagnostic Equipment Accessibility Standards. The Committee will meet on June 17, 2013, from 1:00 p.m. to 4:30 p.m. tkelley on DSK3SPTVN1PROD with PROPOSALS DATES: The meeting will be held by teleconference. Call-in information and a communication access real-time translation (CART) web streaming link will be posted on the Access Board’s Medical Diagnostic Equipment Web site ADDRESSES: VerDate Mar<15>2010 16:53 May 30, 2013 Jkt 229001 page at www.access-board.gov/medicalequipment.htm. FOR FURTHER INFORMATION CONTACT: Rex Pace, Office of Technical and Information Services, Architectural and Transportation Barriers Compliance Board, 1331 F Street NW., suite 1000, Washington, DC 20004–1111. Telephone number (202) 272–0023 (Voice); (202) 272–0052 (TTY). Electronic mail address: pace@accessboard.gov. SUPPLEMENTARY INFORMATION: On July 5, 2012, the Architectural and Transportation Barriers Compliance Board (Access Board) established an advisory committee to make recommendations to the Board on matters associated with comments received and responses to questions included in a previously published NPRM on Medical Diagnostic Equipment Accessibility Standards. See 77 FR 6916 (February 9, 2012). The NPRM and information related to the proposed standards are available on the Access Board’s Web site at: http:// www.access-board.gov/medicalequipment.htm. The advisory committee will hold its seventh meeting on June 17, 2013. The agenda includes the following: • Review of previous committee work; • Review and discussion the committee’s final report; and • Discussion of administrative issues. The preliminary meeting agenda, along with information about the committee, is available at the Access Board’s Web site (http://www.accessboard.gov/medical-equipment.htm). Committee meetings are open to the public and interested persons can attend the teleconference and communicate their views. Members of the public will have opportunities to address the committee on issues of interest to them during a public comment period. The meeting will be accessible to persons with disabilities. Communication Access Realtime Translation (CART) will be provided via a web link. Also, persons wishing to provide handouts or other written information to the committee are requested to provide electronic formats to Rex Pace via email prior to the meetings so that alternate formats can be distributed to committee members. David M. Capozzi, Executive Director. [FR Doc. 2013–12943 Filed 5–30–13; 8:45 am] BILLING CODE 8150–01–P PO 00000 Frm 00037 Fmt 4702 Sfmt 4702 POSTAL SERVICE 39 CFR Part 111 Collect on Delivery (COD)—Service Features Postal ServiceTM. Proposed rule. AGENCY: ACTION: SUMMARY: Effective July 28, 2013, the Postal ServiceTM proposes to revise Mailing Standards of the United States Postal Service, Domestic Mail Manual (DMM®) 503.13, 507.4 and 508.1 to provide new standards for the automatic holding period for Collect on Delivery (COD) articles, expand the acceptable payment methods for COD articles, and provide current options for the redirecting of COD mailpieces. DATES: Submit comments on or before July 1, 2013. ADDRESSES: Mail or deliver written comments to the manager, Product Classification, U.S. Postal Service®, 475 L’Enfant Plaza SW., Room 4446, Washington DC 20260–5015. You may inspect and photocopy all written comments at USPS® Headquarters Library, 475 L’Enfant Plaza SW., 11th Floor N, Washington DC by appointment only between the hours of 9 a.m. and 4 p.m., Monday through Friday by calling 1–202–268–2906 in advance. Email comments, containing the name and address of the commenter, may be sent to: ProductClassification@usps.gov, with a subject line of ‘‘COD Service Features’’ Faxed comments are not accepted. FOR FURTHER INFORMATION CONTACT: Grace Letto at 202–268–2282 or Suzanne Newman at 202–268–5581. SUPPLEMENTARY INFORMATION: The Postal Service proposes to revise the DMM in various sections to redesign some of the features of COD service. In response to mailer’s requests for the expedited return of their mailpieces when COD shipments are unclaimed by the addressee, this revision proposes to modify the holding period for COD articles from the current 30-day maximum to a maximum of 10 days. Additionally, these revisions, if adopted, will retire the current manual PS Form 3849–D, Notice to Sender of Undelivered COD Mail. The primary function served by PS Form 3849–D can be provided by USPS Package Intercept service, which allows mailers the option to redirect COD mailpieces to a new address, to a designated Post Office for Hold For Pickup service, or return them to the sender. Unlike PS Form 3849–D, which entails sending of a notification to the mailer by mail and requiring the mailer to then send written instructions E:\FR\FM\31MYP1.SGM 31MYP1

Agencies

[Federal Register Volume 78, Number 105 (Friday, May 31, 2013)]
[Proposed Rules]
[Pages 32608-32612]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-12887]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2013-0214]
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 establish permanent safety zones 
for annually recurring marine events in the Coast Guard Marine Safety 
Unit Duluth Captain of the Port (COTP) Zone. The safety zones in this 
proposed rule are needed to protect both spectators and participants 
from the hazards associated with the events. During the enforcement 
period of the safety zones, persons and vessels are prohibited from 
entering, transitioning through, remaining, anchoring or mooring within 
the zone unless specifically authorized by the COTP or designated 
representative.

DATES: Comments and related material must be received by the Coast 
Guard on or before July 1, 2013.

ADDRESSES: You may submit comments identified by docket number USCG-
2013-0214 using any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax: 202-493-2251.
    (3) Mail or Delivery: Docket Management Facility (M-30), U.S. 
Department of Transportation, West Building Ground Floor, Room W12-140, 
1200 New Jersey Avenue SE., Washington, DC 20590-0001. Deliveries

[[Page 32609]]

accepted between 9 a.m. and 5 p.m., Monday through Friday, except 
federal holidays. The telephone number is 202-366-9329.
    See the ``Public Participation and Request for Comments'' portion 
of the SUPPLEMENTARY INFORMATION section below for further instructions 
on submitting comments. To avoid duplication, please use only one of 
these three methods.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Lieutenant Judson Coleman, Chief of Waterways Management 
Marine Safety Unit Duluth, U.S. Coast Guard; telephone (218) 720-5286, 
Extension 111 or by email Judson.A.Coleman@uscg.mil. If you have 
questions on viewing or submitting material to the docket, call Barbara 
Hairston, Program Manager, Docket Operations, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION: 

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

A. Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related materials. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided.

1. Submitting Comments

    If you submit a comment, please include the docket number for this 
rulemaking (USCG-2013-0214), indicate the specific section of this 
document to which each comment applies, and provide a reason for each 
suggestion or recommendation. You may submit your comments and material 
online (via http://www.regulations.gov), or by fax, mail, or hand 
delivery, but please use only one of these means. If you submit a 
comment online via www.regulations.gov, it will be considered received 
by the Coast Guard when you successfully transmit the comment. If you 
fax, hand deliver, or mail your comment, it will be considered as 
having been received by the Coast Guard when it is received at the 
Docket Management Facility. We recommend that you include your name and 
a mailing address, an email address, or a telephone number in the body 
of your document so that we can contact you if we have questions 
regarding your submission.
    To submit your comment online, go to http://www.regulations.gov, 
type the docket number [USCG-2013-0214] In the ``SEARCH'' box and click 
``SEARCH.'' Click on ``Submit a Comment'' on the line associated with 
this rulemaking.
    If you submit your comments by mail or hand delivery, submit them 
in an unbound format, no larger than 8[frac12] by 11 inches, suitable 
for copying and electronic filing. If you submit comments by mail and 
would like to know that they reached the Facility, please enclose a 
stamped, self-addressed postcard or envelope. We will consider all 
comments and material received during the comment period and may change 
the rule based on your comments.

2. Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to http://www.regulations.gov, 
type the docket number (USCG-2013-0214) in the ``SEARCH'' box and click 
``Search.'' Click the ``Open Docket Folder on the line associated with 
this rulemaking. You may also visit the Docket Management Facility in 
Room W12-140 on the ground floor of the Department of Transportation 
West Building, 1200 New Jersey Avenue SE., Washington, DC 20590, 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays.

3. Privacy Act

    Anyone can search the electronic form of comments received into any 
of our dockets by the name of the individual submitting the comment (or 
signing the comment, if submitted on behalf of an association, 
business, labor union, etc.). You may review a Privacy Act notice 
regarding our public dockets in the January 17, 2008, issue of the 
Federal Register (73 FR 3316).

4. Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for one, using one of the methods specified under ADDRESSES. 
Please explain why you believe a public meeting would be beneficial. If 
we determine that one would aid this rulemaking, we will hold one at a 
time and place announced by a later notice in the Federal Register.

B. Basis and Purpose

    The purpose of this proposed rule is to establish necessary safety 
zones for recurring events. This rule is being proposed in order to 
safeguard against the hazards associated with annual marine events 
taking place in the Duluth Captain of the Port Zone.
    The legal basis for the rule is the Coast Guard's authority to 
establish regulated navigation areas and other limited access areas: 33 
U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 33 
CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Public Law 107-295, 116 Stat. 2064; 
Department of Homeland Security Delegation No. 0170.1.

C. Discussion of Proposed Rule

    This rule proposes to establish 8 new safety zones in 33 CFR Part 
165 for annual marine events in the Marine Safety Unit Duluth Captain 
of the Port (COTP) Zone. These events include fireworks displays for 
the 4th of July holiday, specifically the Duluth fourth festival, 
Cornucopia fireworks, Ashland fireworks and the Madeline Island 
fireworks, and other historically recurring marine events, including 
the Lake Superior Dragon Boat Festival (LSDBF), The Superior Man 
Triathlon, and the Point to LaPointe swim.
    As large numbers of spectator vessels are expected to congregate in 
the location of these events, the safety zones in this proposed rule 
are needed to protect both spectators and participants from the hazards 
associated with the events. During the enforcement period of the safety 
zones, persons and vessels are prohibited from entering, transitioning 
through, remaining, anchoring or mooring within the zone unless 
specifically authorized by the COTP or designated representative. The 
Coast Guard may be assisted by other federal, state and local agencies 
in the enforcement of these regulations.
    Certain safety zones are listed without known dates or times. The 
Coast Guard will give notice of the enforcement of these safety zones 
by all appropriate means to the effected segments of the public, 
including publication in the Federal Register as practicable, in 
accordance with 33 CFR 165.7(a). Such means of notification may also 
include, but are not limited to Broadcast Notice to Mariners and Local 
Notice to Mariners.

D. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes 
and executive orders related to rulemaking. Below we summarize our 
analyses based on these statutes and executive orders.

1. Regulatory Planning and Review

    This proposed rule is not a significant regulatory action under 
section 3(f) of Executive Order 12866, Regulatory Planning and Review, 
and does not

[[Page 32610]]

require an assessment of potential costs and benefits under section 
6(a)(3) of that Order. The Office of Management and Budget has not 
reviewed it under that Order. It is not deemed ``significant'' under 
the regulatory policies and procedures of the Department of Homeland 
Security (DHS). We conclude that this proposed rule is not a 
significant regulatory action because 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, 
and will not raise any novel legal or policy issues. Overall, we expect 
the economic impact of this proposed rule to be minimal and that a full 
Regulatory Evaluation is not necessary.

2. Small Entities

    Under The Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered the impact of this proposed rule on small entities. The 
Coast Guard certifies under 5 U.S.C. 605(b) that this proposed rule 
would not have a significant economic impact on a substantial number of 
small entities. This proposed rule will affect the following entities, 
some of which might be small entities: the owners or operators of 
vessels intending to transit or anchor in the safety zones during the 
enforcement periods.
    This proposed safety zone will not have a significant economic 
impact on a substantial number of small entities for the following 
reasons: the safety zones will be of limited size and of short 
duration; vessels that can safely do so may navigate in all other 
portions of the waterway except for the areas designated as safety 
zones; and these safety zones have been promulgated in the past with 
zero public comments submitted. Additionally, before the enforcement 
period, the Coast Guard will issue notice of the time and location of 
each safety zone through a Local Notice to Mariners and Broadcast 
Notice to Mariners.
    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.

3. Assistance for Small Entities

    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 proposed rule so that they can better 
evaluate its effects on them and participate in the rulemaking. 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, above. The Coast Guard will not retaliate 
against small entities that question or complain about this proposed 
rule or any policy or action of the Coast Guard.

4. Collection of Information

    This proposed rule would call for no new collection of information 
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520.).

5. Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on State or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. We have analyzed this proposed rule 
under that Order and have determined that it does not have implications 
for federalism.

6. 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.

7. 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 would not 
result in such expenditure, we do discuss the effects of this rule 
elsewhere in this preamble.

8. Taking of Private Property

    This proposed rule would not cause a taking of private property or 
otherwise have taking implications under Executive Order 12630, 
Governmental Actions and Interference with Constitutionally Protected 
Property Rights.

9. Civil Justice Reform

    This proposed rule meets applicable standards in sections 3(a) and 
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize 
litigation, eliminate ambiguity, and reduce burden.

10. Protection of Children

    We have analyzed this proposed rule under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety 
Risks. This rule is not an economically significant rule and would not 
create an environmental risk to health or risk to safety that might 
disproportionately affect children.

11. Indian Tribal Governments

    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 Federal Government and Indian tribes.

12. Energy Effects

    We have analyzed this proposed rule under Executive Order 13211, 
Actions Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that order because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. The Administrator of the Office of Information and 
Regulatory Affairs has not designated it as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

13. Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency provides Congress, 
through the Office of Management and Budget, with an explanation of why 
using these standards would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., specifications of materials, performance, design, or 
operation; test methods; sampling procedures; and related management 
systems practices) that are developed or

[[Page 32611]]

adopted by voluntary consensus standards bodies.
    This proposed rule does not use technical standards. Therefore, we 
did not consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this proposed 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 (NEPA)(42 U.S.C. 4321-4370f), and have 
made a preliminary determination that this action is one of a category 
of actions that do not individually or cumulatively have a significant 
effect on the human environment. A preliminary environmental analysis 
checklist supporting this determination is available in the docket 
where indicated under ADDRESSES. This proposed rule involves the 
establishment of a safety zone and is therefore categorically excluded 
under figure 2-1, paragraph 34(g) of the Instruction. We seek any 
comments or information that may lead to the discovery of a significant 
environmental impact from this proposed rule.

List of Subjects in 33 CFR Part 165

    Harbors, Marine Safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measure, 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; 46 U.S.C. Chapter 701, 3306, 3703; 50 
U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Pub. L. 
107-295, 116 Stat. 2064; Department of Homeland Security Delegation 
No. 0170.1.

0
2. Add Sec.  165.943 to read as follows:


Sec.  165.943  Annual events requiring safety zones in the Captain of 
the Port Duluth zone.

    (a) Safety Zones. The following areas are designated safety zones:
    (1) Bridgefest Regatta Fireworks; Houghton, MI.
    (i) Location. All waters of the Keweenaw Waterway bounded by the 
arc of a circle with a 300-foot radius from the fireworks launch site 
with its center in position 47[deg]07'28.35'' N, 088[deg]35'01.78'' W.
    (ii) Enforcement date and time. This event historically occurs in 
mid June. The Captain of the Port, Marine Safety Unit Duluth, will 
establish enforcement dates that will be announced with a Notice of 
Enforcement and marine information broadcast.
    (2) Lake Superior Dragon Boat Festival Fireworks; Superior, WI.
    (i) Location. All waters of Superior Bay, WI within a 150-foot 
radius with its center at 46[deg]43'23.5164'' N, 092[deg]03'45.1944'' 
W.
    (ii) Enforcement date and time. This event historically occurs in 
late August. The Captain of the Port, Marine Safety Unit Duluth, will 
establish enforcement dates that will be announced with a Notice of 
Enforcement and marine information broadcast.
    (3) Duluth Fourth Fest Fireworks; Duluth, MN.
    (i) Location. All U.S. navigable waters of the Duluth Harbor Basin 
Northern Section within a 900-foot radius of position 46[deg]46'19'' N, 
092[deg]06'11'' W.
    (ii) Enforcement date and time. This event historically occurs on 
or around the 4th of July week. The Captain of the Port, Marine Safety 
Unit Duluth, will establish enforcement dates that will be announced 
with a Notice of Enforcement and marine information broadcast.
    (4) Cornucopia Fireworks; Cornucopia, WI.
    (i) Location. All waters of Siskiwit Bay bounded by a circle with a 
300-foot radius surrounding the fireworks launch site with its center 
in position 46[deg]51'35'' N, 091[deg]06'10'' W.
    (ii) Enforcement date and time. This event historically occurs on 
or around the 4th of July week. The Captain of the Port, Marine Safety 
Unit Duluth, will establish enforcement dates that will be announced 
with a Notice of Enforcement and marine information broadcast.
    (5) LaPointe Fireworks; LaPointe, WI.
    (i) Location. All waters of Lake Superior bounded by the arc of a 
circle with a 375-foot radius from the fireworks launch site with its 
center in position 46[deg]46'40.1'' N, 090[deg]47'22'' W.
    (ii) Enforcement date and time. This event historically occurs on 
or around the 4th of July week. The Captain of the Port, Marine Safety 
Unit Duluth, will establish enforcement dates that will be announced 
with a Notice of Enforcement and marine information broadcast.
    (6) Ashland Fireworks; Ashland, WI.
    (i) Location. All waters of Chequamegon Bay bounded by the arc of a 
circle with a 600-foot diameter from the fireworks launch site with its 
center in position 46[deg]35.50' N, 090[deg]53.0' W.
    (ii) Enforcement date and time. This event historically occurs on 
or around the 4th of July week. The Captain of the Port, Marine Safety 
Unit Duluth, will establish enforcement dates that will be announced 
with a Notice of Enforcement and marine information broadcast.
    (7) Point to LaPointe Swim; LaPointe, WI.
    (i) Location. All waters between Bayfield, WI and Madeline Island, 
WI within an imaginary line created by the following coordinates: 
46[deg]48'50.97'' N, 090[deg]48'44.28'' W, moving southeast to 
46[deg]46'44.9'' N, 090[deg]47'33.21'' W, then moving northeast to 
46[deg]46'52.51'' N 090[deg]47'17.14'' W, then moving northwest to 
46[deg]49'3.23'' N, 090[deg]48'25.12'' W and finally running back to 
the starting point.
    (ii) Enforcement date and time. This event historically occurs in 
early August. The Captain of the Port, Marine Safety Unit Duluth, will 
establish enforcement dates that will be announced with a Notice of 
Enforcement and marine information broadcast.
    (8) Superior Man Triathlon; Superior, WI.
    (i) Location. All waters of the Duluth Harbor Basin, Northern 
Section, including the Duluth Entry encompassed in an imaginary line 
beginning at point 46[deg]46'36.1236'' N, 092[deg]06'06.987'' W, 
running southeast to 46[deg]46'32.7534'' N, 092[deg]06'01.7382'' W, 
running northeast to 46[deg]46'45.9228'' N, 092[deg]05'45.1818'' W, 
running northwest to 46[deg]46'49.4718'' N, 092[deg]05'49.349'' W and 
finally running southwest back to the starting point.
    (ii) Enforcement date and time. This event historically occurs in 
late August. The Captain of the Port, Marine Safety Unit Duluth, will 
establish enforcement dates that will be announced with a Notice of 
Enforcement and marine information broadcast.
    (b) Regulations.
    (1) In accordance with the general regulations in section 165.23 of 
this part, entry into, transiting, or anchoring in this safety zone is 
prohibited unless authorized by the Captain of the Port, Marine Safety 
Unit Duluth, or the designated on-scene representative.
    (2) This safety zone is closed to all vessel traffic except as 
authorized by the Captain of the Port, Marine Safety Unit Duluth, or 
the designated on-scene representative.
    (3) The ``on-scene representative'' of the Captain of the Port, 
Marine Safety Unit Duluth, is any Coast Guard commissioned, warrant, or 
petty officer who has been designated to act on behalf of the Captain 
of the Port, Marine Safety Unit Duluth. The on-scene representative of 
the Captain of the Port,

[[Page 32612]]

Marine Safety Unit Duluth, will be aboard either a Coast Guard or Coast 
Guard Auxiliary vessel. The Captain of the Port, Marine Safety Unit 
Duluth, or the designated on-scene representative may be contacted via 
VHF Channel 16.
    (4) Vessel operators desiring to enter or operate within the safety 
zone shall contact the Captain of the Port, Marine Safety Unit Duluth, 
or the designated on-scene representative to obtain permission to do 
so. Vessel operators given authorization to enter or operate in the 
safety zone must comply with all directions given to them by the 
Captain of the Port, Marine Safety Unit Duluth, or the on-scene 
representative.

    Dated: April 25, 2013.
K.R.Bryan,
Commander, U.S. Coast Guard, Captain of the Port, Marine Safety Unit 
Duluth.
[FR Doc. 2013-12887 Filed 5-30-13; 8:45 am]
BILLING CODE 9110-04-P