Safety Zones; Recurring Events in Captain of the Port Duluth Zone, 48802-48805 [2013-19417]

Download as PDF ehiers on DSK2VPTVN1PROD with RULES 48802 Federal Register / Vol. 78, No. 155 / Monday, August 12, 2013 / Rules and Regulations Waseca, MN, Waseca Muni, RNAV (GPS) RWY 33, Orig Kaiser Lake Ozark, MO, Lee C Fine Memorial, VOR RWY 4, Amdt 7A St Louis, MO, Lambert-St Louis Intl, ILS PRM RWY 11, ILS PRM RWY 11 (CAT II), ILS PRM RWY 11 (CAT III) (SIMULTANEOUS CLOSE PARALLEL), Orig-C, CANCELED St Louis, MO, Lambert-St Louis Intl, ILS PRM RWY 12L, ILS PRM RWY 12L (CAT II), ILS PRM RWY 12L (CAT III) (SIMULTANEOUS CLOSE PARALLEL), Amdt 1A, CANCELED St Louis, MO, Lambert-St Louis Intl, ILS PRM RWY 29 (SIMULTANEOUS CLOSE PARALLEL), Amdt 1B, CANCELED St Louis, MO, Lambert-St Louis Intl, ILS PRM RWY 30R, ILS PRM RWY 30R (CAT II), ILS PRM RWY 30R (CAT III) (SIMULTANEOUS CLOSE PARALLEL), Amdt 1C, CANCELED Batesville, MS, Panola County, LOC/DME RWY 19, Amdt 1 Batesville, MS, Panola County, RNAV (GPS) RWY 1, Amdt 1 Batesville, MS, Panola County, RNAV (GPS) RWY 19, Amdt 1 Batesville, MS, Panola County, Takeoff Minimums and Obstacle DP, Amdt 1 Jackson, MS, Jackson-Medgar Wiley Evers International, RNAV (GPS) RWY 16L, Amdt 2 Jackson, MS, Jackson-Medgar Wiley Evers International, RNAV (GPS) RWY 16R, Amdt 2 Jackson, MS, Jackson-Medgar Wiley Evers International, RNAV (GPS) RWY 34L, Amdt 3 Jackson, MS, Jackson-Medgar Wiley Evers International, RNAV (GPS) RWY 34R, Amdt 2 Kosciusko, MS, Kosciusko-Attala County, RNAV (GPS) RWY 14, Orig-A Kosciusko, MS, Kosciusko-Attala County, RNAV (GPS) RWY 32, Orig-A Meridian, MS, Key Field, Takeoff Minimums and Obstacle DP, Amdt 5 Raymond, MS, John Bell Williams, RNAV (GPS) RWY 12, Amdt 3 Raymond, MS, John Bell Williams, RNAV (GPS) RWY 30, Amdt 3 Wilmington, NC, Wilmington Intl, ILS Y OR LOC RWY 24, Amdt 1 Wilmington, NC, Wilmington Intl, ILS Y OR LOC RWY 35, Amdt 22 Wilmington, NC, Wilmington Intl, ILS Y OR LOC/DME RWY 6, Amdt 2 Wilmington, NC, Wilmington Intl, ILS Z RWY 6, Orig Wilmington, NC, Wilmington Intl, ILS Z RWY 24, Orig Wilmington, NC, Wilmington Intl, ILS Z RWY 35, Orig Wilmington, NC, Wilmington Intl, RNAV (GPS) RWY 6, Amdt 3 Wilmington, NC, Wilmington Intl, RNAV (GPS) RWY 17, Amdt 3 Wilmington, NC, Wilmington Intl, RNAV (GPS) RWY 24, Amdt 2 Wilmington, NC, Wilmington Intl, RNAV (GPS) RWY 35, Amdt 3 Scribner, NE., Scribner State, RNAV (GPS) RWY 17, Amdt 1 Scribner, NE., Scribner State, RNAV (GPS) RWY 35, Amdt 1 Clayton, NM, Clayton Muni Arpk, RNAV (GPS) RWY 2, Amdt 2 VerDate Mar<15>2010 14:50 Aug 09, 2013 Jkt 229001 Clayton, NM, Clayton Muni Arpk, RNAV (GPS) RWY 20, Amdt 2 Columbus, OH, Port Columbus Intl, ILS OR LOC RWY 10L, Amdt 19 Columbus, OH, Port Columbus Intl, ILS OR LOC RWY 10R, ILS RWY 10R (SA CAT I), Amdt 9 Columbus, OH, Port Columbus Intl, ILS OR LOC RWY 28L, ILS RWY 28L (SA CAT I), Amdt 29 Columbus, OH, Port Columbus Intl, ILS OR LOC RWY 28R, Amdt 4 Columbus, OH, Port Columbus Intl, RNAV (GPS) Y RWY 10L, Amdt 3 Columbus, OH, Port Columbus Intl, RNAV (GPS) Y RWY 10R, Amdt 3 Columbus, OH, Port Columbus Intl, RNAV (GPS) Y RWY 28L, Amdt 3 Columbus, OH, Port Columbus Intl, RNAV (GPS) Y RWY 28R, Amdt 2 Columbus, OH, Port Columbus Intl, RNAV (RNP) Z RWY 10L, Amdt 1 Columbus, OH, Port Columbus Intl, RNAV (RNP) Z RWY 10R, Amdt 1 Columbus, OH, Port Columbus Intl, RNAV (RNP) Z RWY 28L, Amdt 1 Columbus, OH, Port Columbus Intl, RNAV (RNP) Z RWY 28R, Amdt 1 Columbus, OH, Port Columbus Intl, Takeoff Minimums and Obstacle DP, Amdt 7 Union, SC, Union County, Troy Shelton Field, RNAV (GPS) RWY 5, Orig Union, SC, Union County, Troy Shelton Field, RNAV (GPS) RWY 23, Orig Union, SC, Union County, Troy Shelton Field, Takeoff Minimums and Obstacle DP, Amdt 1 Walterboro, SC, Lowcountry Rgnl, ILS OR LOC/DME RWY 23, Amdt 1 Walterboro, SC, Lowcountry Rgnl, NDB RWY 23, Amdt 12, CANCELED Walterboro, SC, Lowcountry Rgnl, RNAV (GPS) RWY 5, Amdt 1 Walterboro, SC, Lowcountry Rgnl, RNAV (GPS) RWY 23, Amdt 1 Midland, TX, Midland Intl, ILS OR LOC RWY 10, Amdt 16 Midland, TX, Midland Intl, LOC BC RWY 28, Amdt 13, CANCELED Sherman, TX, Sherman Muni, RNAV (GPS) RWY 16, Orig Sherman, TX, Sherman Muni, RNAV (GPS) RWY 34, Orig Sherman, TX, Sherman Muni, Takeoff Minimums and Obstacle DP, Amdt 1 Sherman, TX, Sherman Muni, VOR/DME–A, Orig-C Stafford, VA, Stafford Rgnl, Takeoff Minimums and Obstacle DP, Amdt 1 Port Townsend, WA, Jefferson County Intl, RNAV (GPS)-A, Orig Port Townsend, WA, Jefferson County Intl, Takeoff Minimums and Obstacle DP, Orig Spokane, WA, Felts Field, ILS OR LOC/DME RWY 22R, Amdt 1 Spokane, WA, Felts Field, RNAV (GPS) RWY 4L, Amdt 1 Spokane, WA, Felts Field, RNAV (GPS)-A, Amdt 1 Spokane, WA, Felts Field, VOR RWY 4L, Amdt 5 Oshkosh, WI, Wittman Rgnl, ILS OR LOC RWY 36, Amdt 7 Oshkosh, WI, Wittman Rgnl, LOC/DME BC RWY 18, Amdt 7 Oshkosh, WI, Wittman Rgnl, NDB RWY 36, Amdt 6 PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 Oshkosh, WI, Wittman Rgnl, RNAV (GPS) RWY 9, Amdt 1 Oshkosh, WI, Wittman Rgnl, RNAV (GPS) RWY 18, Amdt 1 Oshkosh, WI, Wittman Rgnl, RNAV (GPS) RWY 27, Amdt 1 Oshkosh, WI, Wittman Rgnl, RNAV (GPS) RWY 36, Amdt 2 Oshkosh, WI, Wittman Rgnl, Takeoff Minimums and Obstacle DP, Amdt 1 Oshkosh, WI, Wittman Rgnl, VOR RWY 9, Amdt 10 Oshkosh, WI, Wittman Rgnl, VOR RWY 18, Amdt 8 Oshkosh, WI, Wittman Rgnl, VOR RWY 27, Amdt 5 Oshkosh, WI, Wittman Rgnl, VOR RWY 36, Amdt 17 [FR Doc. 2013–18841 Filed 8–9–13; 8:45 am] BILLING CODE 4910–13–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. Final rule. AGENCY: ACTION: The Coast Guard will establish 8 permanent safety zones for annually recurring marine events in the Coast Guard Captain of the Port (COTP) Duluth zone. These safety zones 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: This rule is effective September 11, 2013. ADDRESSES: Documents mentioned in this preamble are part of docket [USCG– 2013–0214]. To view documents mentioned in this preamble as being available in the docket, go to http:// www.regulations.gov, type the docket number in the ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ Click on 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. SUMMARY: E:\FR\FM\12AUR1.SGM 12AUR1 Federal Register / Vol. 78, No. 155 / Monday, August 12, 2013 / Rules and Regulations 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: FOR FURTHER INFORMATION CONTACT: Table of Acronyms DHS Department of Homeland Security FR Federal Register NPRM Notice of Proposed Rulemaking A. Regulatory History and Information To this end, on May 31, 2013, the Coast Guard published an NPRM in the Federal Register (78 FR 12887). The NPRM proposed to establish permanent safety zones for annually recurring events in the Captain of the Port Duluth Zone. The NPRM was open for public comment for 30 days. At close of the comment period, the Coast Guard had not received any comments on the proposed rulemaking. ehiers on DSK2VPTVN1PROD with RULES B. Basis and Purpose The purpose of this rule is to establish necessary safety zones for recurring events. This rule is being codified 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; Pub. L. 107–295, 116 Stat. 2064; Department of Homeland Security Delegation No. 0170.1. C. Discussion of the Final Rule This rule establishes 8 new safety zones in 33 CFR Part 165 for annual marine events in the COTP Duluth 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 around the location of these events, the safety zones are needed to protect both spectators and participants from the hazards VerDate Mar<15>2010 14:50 Aug 09, 2013 Jkt 229001 associated with the event. During enforcement of 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 his designated representative. The Coast Guard may be assisted by other federal, state, and local agencies in the enforcement of these safety zones. 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 of a Notice of Enforcement in the Federal Register, Local Notice to Mariners, and Broadcast Notice to Mariners. D. Regulatory Analyses We developed this 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 rule is not a significant regulatory action under section 3(f) of Executive Order 12866, Regulatory Planning and Review, as supplemented by Executive Order 13563, Improving Regulation and Regulatory Review, and does not require an assessment of potential costs and benefits under section 6(a)(3) of Executive Order 12866 or under section 1 of Executive Order 13563. The Office of Management and Budget has not reviewed it under those Orders. We conclude that this rule is not a significant regulatory action because we anticipate that it will not adversely affect 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. These safety zones will only remain effective and thus subject to enforcement for brief durations annually. Additionally, the Coast Guard will give advance notice of the enforcement of these safety zones through means, including Broadcast Notice to Mariners and Local Notice to Mariners. 2. Impact on Small Entities The Regulatory Flexibility Act of 1980 (RFA), 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 PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 48803 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. This rule would affect the following entities, some of which might be small entities: the owners or operators of vessels intending to transit or anchor in the location of the safety zones established by this rule during the enforcement periods. The regulated areas will not have a significant economic impact on a substantial number of small entities for the following reasons: the regulated areas will be of limited size and of short duration; vessels may safely navigate in all portions around these waterways except for the areas designated as regulated areas. Additionally, before the effective period, the Coast Guard will provide advance notice of enforcement, including 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 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, above. 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. E:\FR\FM\12AUR1.SGM 12AUR1 48804 Federal Register / Vol. 78, No. 155 / Monday, August 12, 2013 / Rules and Regulations 11. Indian Tribal Governments 4. 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). 5. Federalism 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 determined that this rule 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 INTFORMATION 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 rule will not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble. 8. Taking of Private Property This rule will 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. ehiers on DSK2VPTVN1PROD with RULES 9. Civil Justice Reform This 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 rule under Executive Order 13045, Protection of Children from Environmental Health Risks and Safety Risks. This rule is not an economically significant rule and does not create an environmental risk to health or risk to safety that may disproportionately affect children. VerDate Mar<15>2010 14:50 Aug 09, 2013 Jkt 229001 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. 12. Energy Effects This action is not a ‘‘significant energy action’’ under Executive Order 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use. 13. Technical Standards This rule does not use technical standards. Therefore, we did not consider the use of voluntary consensus standards. 14. Environment We have analyzed this rule under Department of Homeland Security Management Directive 023–01 and Commandant Instruction M16475.lD, which guide the Coast Guard in complying with the National Environmental Policy Act of 1969 (NEPA) (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 establishing safety zones and is categorically excluded from further review under paragraph 34(g) of Figure 2–1 of the Commandant Instruction. An environmental analysis checklist supporting this determination and a Categorical Exclusion Determination are available in the docket where indicated under ADDRESSES. List of Subjects in 33 CFR Part 165 Harbors, Marine safety, Navigation (water), Reporting and recordkeeping requirements, Security measures, Waterways. For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 165 as follows: PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS 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; PO 00000 Frm 00010 Fmt 4700 Sfmt 4700 Department of Homeland Security Delegation No. 0170.1. ■ 2. Add § 165.943 to read as follows: § 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. The Captain of the Port 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′23.52″ N 092°03′45.19″ W. (ii) Enforcement date and time. This event historically occurs in late August. The Captain of the Port 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 900foot radius of position 46°46′19.00″ N, 092°06′11.00″ W. (ii) Enforcement date and time. This event historically occurs during the 4th of July week. The Captain of the Port 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 the area bounded by a circle with a 300-foot radius surrounding the fireworks launch site with its center in position 46°51′35.00″ N, 091°06′10.00″ W. (ii) Enforcement date and time. This event historically occurs the week before, after or during 4th of July week. The Captain of the Port 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′40.10″ N, 090°47′22.00″ W. E:\FR\FM\12AUR1.SGM 12AUR1 Federal Register / Vol. 78, No. 155 / Monday, August 12, 2013 / Rules and Regulations (ii) Enforcement date and time. This event historically occurs during the 4th of July week. The Captain of the Port 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 the Lake Superior bounded by the arc of a circle with a 600-foot diameter from the fireworks launch site with its center in position 46°35′50.37″ N, 090°52′59.82″ W. (ii) Enforcement date and time. This event historically occurs during the 4th of July week. The Captain of the Port 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′44.90″ 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′03.23″ 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 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′36.12″ N 092°06′06.99″ W, running southeast to 46°46′32.75″ N 092°06′01.74″ W, running northeast to 46°46′45.92″ N 092°05′45.18″ W, running northwest to 46°46′49.47″ N 092°05′49.35″ 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 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 § 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. (2) This safety zone is closed to all vessel traffic except as authorized by the Captain of the Port Duluth, or the designated on-scene representative. (3) The ‘‘on-scene representative’’ of the Captain of the Port Duluth, is any Coast Guard commissioned, warrant, or petty officer who has been designated to act on behalf of the Captain of the Port Duluth. The on-scene representative of the Captain of the Port Duluth will be aboard either a Coast Guard or Coast Guard Auxiliary vessel. The Captain of the Port Duluth, or the designated onscene 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 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 Duluth, or the on-scene representative. Dated: July 24, 2013. A.H. Moore Jr., Commander, U.S. Coast Guard, Captain of the Port Duluth. [FR Doc. 2013–19417 Filed 8–9–13; 8:45 am] BILLING CODE 9110–04–P 48805 DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket No. USCG–2012–1057] Safety Zone; Sprucewold Cabbage Island Swim, Linekin Bay, Boothbay Harbor, ME AGENCY: Coast Guard, DHS. Notice of enforcement of regulation. ACTION: The Coast Guard will enforce a safety zone in the Captain of the Port Northern New England Zone on the specified date and time. This action is necessary to ensure the safety of participants, vessels and spectators from hazards associated with the swim event. During the enforcement period, no person or vessel may enter the safety zone without permission of the Captain of the Port. SUMMARY: The regulation for the Sprucewold Cabbage Island Swim safety zone described in 33 CFR 165.171 will be enforced on August 18, 2013, from 1 p.m. to 4 p.m. DATES: If you have questions on this notice, call or email Lieutenant Junior Grade Elizabeth Morris, Coast Guard; telephone 207–767–0398, email Elizabeth.V.Morris@uscg.mil. FOR FURTHER INFORMATION CONTACT: The Coast Guard will enforce the safety zone listed in 33 CFR 165.171 on the specified date and time as indicated in Table 1 below. This regulation was published in the Federal Register on April 20, 2012 (77 FR 23608). SUPPLEMENTARY INFORMATION: TABLE 1 ehiers on DSK2VPTVN1PROD with RULES 1. Sprucewold Cabbage Island Swim, Linekin Bay, Boothbay Harbor, ME Safety Zone, 33 CFR 165.171(8.1). Under the provisions of 33 CFR 165.171, vessels may not transit the regulated areas without Patrol VerDate Mar<15>2010 14:50 Aug 09, 2013 Jkt 229001 • • • • • Event Type: Swim Event. Sponsor: Sprucewold Association. Date: August 18, 2013. Time: 1:00 p.m. to 4:00 p.m. Location: The regulated area includes all waters of Linekin Bay between Cabbage Island and Sprucewold Beach in Boothbay Harbor, Maine within the following points (NAD 83): 43°50′37″ N, 069°36′23″ W. 43°50′37″ N, 069°36′59″ W. 43°50′16″ N, 069°36′46″ W. 43°50′22″ N, 069°36′21″ W. Commander approval. Vessels permitted to transit must operate at a no wake speed, in a manner which will not PO 00000 Frm 00011 Fmt 4700 Sfmt 4700 endanger participants or other crafts in the event. Spectators or other vessels shall not anchor, block, loiter, or E:\FR\FM\12AUR1.SGM 12AUR1

Agencies

[Federal Register Volume 78, Number 155 (Monday, August 12, 2013)]
[Rules and Regulations]
[Pages 48802-48805]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-19417]


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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: Final rule.

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SUMMARY: The Coast Guard will establish 8 permanent safety zones for 
annually recurring marine events in the Coast Guard Captain of the Port 
(COTP) Duluth zone. These safety zones 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: This rule is effective September 11, 2013.

ADDRESSES: Documents mentioned in this preamble are part of docket 
[USCG-2013-0214]. To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type the 
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on 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.

[[Page 48803]]


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. Regulatory History and Information

    To this end, on May 31, 2013, the Coast Guard published an NPRM in 
the Federal Register (78 FR 12887). The NPRM proposed to establish 
permanent safety zones for annually recurring events in the Captain of 
the Port Duluth Zone. The NPRM was open for public comment for 30 days. 
At close of the comment period, the Coast Guard had not received any 
comments on the proposed rulemaking.

B. Basis and Purpose

    The purpose of this rule is to establish necessary safety zones for 
recurring events. This rule is being codified 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; Pub. L. 107-295, 116 Stat. 2064; 
Department of Homeland Security Delegation No. 0170.1.

C. Discussion of the Final Rule

    This rule establishes 8 new safety zones in 33 CFR Part 165 for 
annual marine events in the COTP Duluth 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 
around the location of these events, the safety zones are needed to 
protect both spectators and participants from the hazards associated 
with the event. During enforcement of 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 his designated representative. The Coast Guard may be 
assisted by other federal, state, and local agencies in the enforcement 
of these safety zones.
    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 of a Notice of Enforcement in the Federal 
Register, Local Notice to Mariners, and Broadcast Notice to Mariners.

D. Regulatory Analyses

    We developed this 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 rule is not a significant regulatory action under section 3(f) 
of Executive Order 12866, Regulatory Planning and Review, as 
supplemented by Executive Order 13563, Improving Regulation and 
Regulatory Review, and does not require an assessment of potential 
costs and benefits under section 6(a)(3) of Executive Order 12866 or 
under section 1 of Executive Order 13563. The Office of Management and 
Budget has not reviewed it under those Orders.
    We conclude that this rule is not a significant regulatory action 
because we anticipate that it will not adversely affect 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. These safety zones will only remain effective 
and thus subject to enforcement for brief durations annually. 
Additionally, the Coast Guard will give advance notice of the 
enforcement of these safety zones through means, including Broadcast 
Notice to Mariners and Local Notice to Mariners.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 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. This rule would affect the following entities, some of 
which might be small entities: the owners or operators of vessels 
intending to transit or anchor in the location of the safety zones 
established by this rule during the enforcement periods.
    The regulated areas will not have a significant economic impact on 
a substantial number of small entities for the following reasons: the 
regulated areas will be of limited size and of short duration; vessels 
may safely navigate in all portions around these waterways except for 
the areas designated as regulated areas. Additionally, before the 
effective period, the Coast Guard will provide advance notice of 
enforcement, including 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 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, 
above.
    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.

[[Page 48804]]

4. 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).

5. Federalism

    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 determined 
that this rule 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 
INTFORMATION 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 rule will not result in 
such an expenditure, we do discuss the effects of this rule elsewhere 
in this preamble.

8. Taking of Private Property

    This rule will 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 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 rule under Executive Order 13045, Protection 
of Children from Environmental Health Risks and Safety Risks. This rule 
is not an economically significant rule and does not create an 
environmental risk to health or risk to safety that may 
disproportionately affect children.

11. Indian Tribal Governments

    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.

12. Energy Effects

    This action is not a ``significant energy action'' under Executive 
Order 13211, Actions Concerning Regulations That Significantly Affect 
Energy Supply, Distribution, or Use.

13. Technical Standards

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

14. Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (NEPA) (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 establishing safety zones and is 
categorically excluded from further review under paragraph 34(g) of 
Figure 2-1 of the Commandant Instruction. An environmental analysis 
checklist supporting this determination and a Categorical Exclusion 
Determination are available in the docket where indicated under 
ADDRESSES.

List of Subjects in 33 CFR Part 165

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

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority: 33 U.S.C. 1231; 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 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]43'23.52'' N 092[deg]03'45.19'' W.
    (ii) Enforcement date and time. This event historically occurs in 
late August. The Captain of the Port 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]46'19.00'' N, 
092[deg]06'11.00'' W.
    (ii) Enforcement date and time. This event historically occurs 
during the 4th of July week. The Captain of the Port 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 the area bounded by a circle with a 300-foot radius surrounding the 
fireworks launch site with its center in position 46[deg]51'35.00'' N, 
091[deg]06'10.00'' W.
    (ii) Enforcement date and time. This event historically occurs the 
week before, after or during 4th of July week. The Captain of the Port 
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]46'40.10'' N, 090[deg]47'22.00'' W.

[[Page 48805]]

    (ii) Enforcement date and time. This event historically occurs 
during the 4th of July week. The Captain of the Port 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 the 
Lake Superior bounded by the arc of a circle with a 600-foot diameter 
from the fireworks launch site with its center in position 
46[deg]35'50.37'' N, 090[deg]52'59.82'' W.
    (ii) Enforcement date and time. This event historically occurs 
during the 4th of July week. The Captain of the Port 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]46'44.90'' 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]49'03.23'' 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 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]46'36.12'' N 092[deg]06'06.99'' W, running southeast to 
46[deg]46'32.75'' N 092[deg]06'01.74'' W, running northeast to 
46[deg]46'45.92'' N 092[deg]05'45.18'' W, running northwest to 
46[deg]46'49.47'' N 092[deg]05'49.35'' 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 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 
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.
    (2) This safety zone is closed to all vessel traffic except as 
authorized by the Captain of the Port Duluth, or the designated on-
scene representative.
    (3) The ``on-scene representative'' of the Captain of the Port 
Duluth, is any Coast Guard commissioned, warrant, or petty officer who 
has been designated to act on behalf of the Captain of the Port Duluth. 
The on-scene representative of the Captain of the Port Duluth will be 
aboard either a Coast Guard or Coast Guard Auxiliary vessel. The 
Captain of the Port 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 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 Duluth, or 
the on-scene representative.

    Dated: July 24, 2013.
A.H. Moore Jr.,
Commander, U.S. Coast Guard, Captain of the Port Duluth.
[FR Doc. 2013-19417 Filed 8-9-13; 8:45 am]
BILLING CODE 9110-04-P