Safety Zones; Recurring Events in Captain of the Port Duluth Zone, 7647-7650 [2018-03624]
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Federal Register / Vol. 83, No. 36 / Thursday, February 22, 2018 / Proposed Rules
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when comments are posted or a final
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List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, 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; 50 U.S.C. 191;
33 CFR 1.05–1; 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 0170.1.
2. Add § 165.T08–0086 to read as
follows:
■
daltland on DSKBBV9HB2PROD with PROPOSALS
§ 165.T08–0086 Safety Zone; Pensacola
Bay, Pensacola, FL
(a) Location. The following area is a
safety zone: All navigable waters of the
Pensacola Bay within 100 yards of each
vessel participating in the Tall Ships
Pensacola marine event and parade and
within 100 yards of the Port of
Pensacola, 30°24′07.2″ N, 87°12′44.7″
W, Pensacola, FL.
(b) Enforcement period. This section
is effective from 8 a.m. on April 12,
2018 through 8 p.m. on April 15, 2018.
(c) Regulations.
(1) In accordance with the general
regulations in § 165.23 of this part, entry
into, transiting through, or exiting from
this area is prohibited unless authorized
by the Captain of the Port Sector Mobile
(COTP) or a designated representative.
A designated representative may be a
Patrol Commander (PATCOM). The
PATCOM will be aboard either a Coast
Guard or Coast Guard Auxiliary vessel.
The PATCOM may be contacted on
Channel 16 VHF–FM (156.8 MHz) by
the call sign ‘‘PATCOM’’.
(3) Persons or vessels seeking to enter
into or transit through the zone must
request permission from the COTP or a
designated representative. They may be
contacted on VHF–FM channels 16 or
by telephone at 251–441–5976.
(4) If permission is granted, all
persons and vessels must comply with
the instructions of the COTP or
designated representative.
(5) All persons and vessels not
registered with the event sponsor as
participants or official patrol vessels are
considered spectators. The ‘‘official
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patrol vessels’’ consist of any Coast
Guard, state, or local law enforcement
and sponsor provided vessels assigned
or approved by the COTP or a
designated representative to patrol the
regulated area.
(6) Spectator vessels desiring to
transit the regulated area may do so only
with prior approval of the COTP or a
designated representative and when so
directed by that officer will be operated
at a minimum safe navigation speed in
a manner that will not endanger
participants in the zone or any other
vessels.
(7) No spectator vessel shall anchor,
block, loiter, or impede the through
transit of participants or official patrol
vessels in the regulated area during the
effective dates and times, unless cleared
for entry by the COTP or a designated
representative.
(8) Any spectator vessel may anchor
outside the regulated area, but may not
anchor in, block, or loiter in a navigable
channel. Spectator vessels may be
moored to a waterfront facility within
the regulated area in such a way that
they shall not interfere with the progress
of the event. Such mooring must be
complete at least 30 minutes prior to the
establishment of the regulated area and
remain moored through the duration of
the event.
(9) The COTP or designated
representative may forbid and control
the movement of all vessels in the
regulated area. When hailed or signaled
by an official patrol vessel, a vessel shall
come to an immediate stop and comply
with the directions given. Failure to do
so may result in expulsion from the
area, citation for failure to comply, or
both.
(10) The COTP or a designated
representative may terminate the event
or the operation of any vessel at any
time it is deemed necessary for the
protection of life or property.
(11) The COTP or a designated
representative will terminate
enforcement of the safety zone prior to
or at the conclusion of the event.
(d) Informational broadcasts. The
COTP or a designated representative
will inform the public through
Broadcast Notices to Mariners of the
enforcement period for the temporary
safety zone as well as any changes in the
planned schedule.
Dated: February 15, 2018.
M.R. McLellan,
Captain, U.S. Coast Guard, Captain of the
Port Sector Mobile.
[FR Doc. 2018–03663 Filed 2–21–18; 8:45 am]
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7647
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2018–0102]
RIN 1625–AA00
Safety Zones; Recurring Events in
Captain of the Port Duluth Zone
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard proposes to
amend its safety zones regulations for
annual events in the Captain of the Port
Duluth Zone. This rule would update
the locations for seven safety zones, add
three new safety zones, increase the
safety zone radius of six existing
fireworks events, and modify the format
of the regulation to list the annual
events and corresponding safety zones
in table form. These proposed
amendments would protect spectators,
participants, and vessels from the
hazards associated with annual marine
events and improve the clarity and
readability of the regulation.
DATES: Comments and related material
must be received by the Coast Guard on
or before March 26, 2018.
ADDRESSES: You may submit comments
identified by docket number USCG–
2018–0102 using the Federal
eRulemaking Portal at https://
www.regulations.gov. Type the docket
number (USCG–2018–0102) in the
‘‘SEARCH’’ box and click ‘‘SEARCH.’’
See the ‘‘Public Participation and
Request for Comments’’ portion of the
SUPPLEMENTARY INFORMATION section for
further instructions on submitting
comments.
SUMMARY:
If
you have questions on this rule, call or
email Lieutenant John Mack, Chief of
Waterways Management, Marine Safety
Unit Duluth, U.S. Coast Guard;
telephone 218–725–3818, email
John.V.Mack@uscg.mil.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
II. Background, Purpose, and Legal
Basis
On May 31, 2013 the Coast Guard
published an NPRM in the Federal
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Federal Register / Vol. 83, No. 36 / Thursday, February 22, 2018 / Proposed Rules
Register (78 FR 32608) entitled
‘‘Recurring Events in the Captain of the
Port Duluth Zone.’’ The NPRM
proposed to establish 8 permanent
safety zones for annually recurring
events in the Captain of the Port Duluth
Zone under § 165.943. The NPRM was
open for comment for 30 days.
On August 12, 2013 the Coast Guard
published the Final Rule in the Federal
Register (78 FR 48802), after receiving
no comments on the NPRM. Since that
time there have been changes to the
events that were listed in the Final Rule
and additional annual events have been
established. Through this proposed rule
the Coast Guard seeks to update
§ 165.943 to reflect the current status of
recurring marine events in the Captain
of the Port Duluth zone.
daltland on DSKBBV9HB2PROD with PROPOSALS
III. Discussion of Proposed Rule
The Coast Guard is proposing this
rule under authority in 33 U.S.C. 1231.
The Captain of the Port Duluth (COTP)
has determined that an amendment to
the recurring events list as published in
33 CFR 165.943 will be necessary to:
Update the location of seven existing
safety zones (Bridgefest Regatta
Fireworks Display, Cornucopia 4th of
July Fireworks Display, Duluth 4th Fest
Fireworks Display, LaPointe 4th of July
Fireworks Display, Point to LaPointe
Swim, Lake Superior Dragon Boat
Festival, and Superior Man Triathlon),
add three new safety zones for
additional annual events (City of
Bayfield 4th of July Fireworks Display,
Two Harbors 4th of July Fireworks
Display, and Superior 4th of July
Fireworks Display), increase the safety
zone radius of six fireworks events
(Bridgefest Regatta Fireworks Display,
Ashland 4th of July Fireworks Display,
Cornucopia 4th of July Fireworks
Display, LaPointe 4th of July Fireworks
Display, and Lake Superior Dragon Boat
Festival), and format the existing
regulations into a table format. The
purpose of this rule is to ensure safety
of vessels and the navigable waters in
the safety zone before, during, and after
the scheduled events and to improve the
overall clarity and readability of the
rule. The regulatory text we are
proposing appears at the end of this
document.
The amendments to this proposed
rule are necessary to ensure the safety
of vessels and people during annual
events taking place on or near federally
maintained waterways in the Captain of
the Port Duluth Zone. Although this
proposed rule would be in effect yearround, the specific safety zones listed in
Table 165.943 would only be enforced
during a specified period of time
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coinciding with the happening of the
annual events listed.
When a Notice of Enforcement for a
particular safety zone is published,
entry into, transiting through, or
anchoring within the safety zone is
prohibited unless authorized by the
Captain of the Port Duluth, or his or her
designated representative. The Captain
of the Port Duluth or his or her
designated representative may be
contacted via VHF Channel 16 or
telephone at (906) 635–3233. No vessel
or person will be permitted to enter the
safety zone without obtaining
permission from the COTP or a
designated representative.
V. Regulatory Analyses
We developed this proposed rule after
considering numerous statutes and
Executive Orders related to rulemaking.
Below we summarize our analyses
based on a number of these statutes and
Executive orders, and we discuss First
Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563
direct agencies to assess the costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits.
Executive Order 13771 directs agencies
to control regulatory costs through a
budgeting process. This NPRM has not
been designated a ‘‘significant
regulatory action,’’ under Executive
Order 12866. Accordingly, the NPRM
has not been reviewed by the Office of
Management and Budget (OMB), and
pursuant to OMB guidance it is exempt
from the requirements of Executive
Order 13771.
This regulatory action determination
is based on the size, location, duration,
and time-of-day for each safety zone.
Vessel traffic would be able to safely
transit around all safety zones which
would impact small designated areas
within Lake Superior for short durations
of time. Moreover, the Coast Guard will
issue Broadcast Notice to Mariners via
VHF–FM marine channel 16 about the
zone and the rule allows vessels to seek
permission to enter the zone.
B. Impact on Small Entities
The Regulatory Flexibility Act of
1980, 5 U.S.C. 601–612, as amended,
requires Federal agencies to consider
the potential impact of regulations on
small entities during rulemaking. The
term ‘‘small entities’’ comprises small
businesses, not-for-profit organizations
that are independently owned and
operated and are not dominant in their
fields, and governmental jurisdictions
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with populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C.
605(b) that this rule will not have a
significant economic impact on a
substantial number of small entities.
While some owners or operators of
vessels intending to transit the safety
zones may be small entities, for the
reasons stated in section V.A above, this
rule will not have a significant
economic impact on any vessel owner
or operator.
If you think that your business,
organization, or governmental
jurisdiction qualifies as a small entity
and that this rule would have a
significant economic impact on it,
please submit a comment (see
ADDRESSES) explaining why you think it
qualifies and how and to what degree
this rule would economically affect it.
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding this rule. If the rule
would affect your small business,
organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please contact the person
listed in the FOR FURTHER INFORMATION
CONTACT section. The Coast Guard will
not retaliate against small entities that
question or complain about this rule or
any policy or action of the Coast Guard.
C. Collection of Information
This rule will not call for a new
collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520).
D. Federalism and Indian Tribal
Governments
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on the States, on the relationship
between the national government and
the States, or on the distribution of
power and responsibilities among the
various levels of government. We have
analyzed this proposed rule under that
Order and have determined that it is
consistent with the fundamental
federalism principles and preemption
requirements described in Executive
Order 13132.
Also, this proposed rule does not have
tribal implications under Executive
Order 13175, Consultation and
Coordination with Indian Tribal
Governments, because it would not have
a substantial direct effect on one or
more Indian tribes, on the relationship
between the Federal Government and
Indian tribes, or on the distribution of
power and responsibilities between the
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Federal Register / Vol. 83, No. 36 / Thursday, February 22, 2018 / Proposed Rules
Federal Government and Indian tribes.
If you believe this rule has implications
for federalism or Indian tribes, please
contact the person listed in the FOR
FURTHER INFORMATION CONTACT section.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this
proposed rule will not result in such an
expenditure, we do discuss the effects of
this rule elsewhere in this preamble.
F. Environment
We have analyzed this proposed rule
under Department of Homeland
Security Management Directive 023–01,
which guide the Coast Guard in
complying with the National
Environmental Policy Act of 1969 (42
U.S.C. 4321–4370f), and have made a
preliminary determination that this
action is one of a category of actions that
does not individually or cumulatively
have a significant effect on the human
environment. This proposed rule
involves: The update of seven safety
zone locations, the addition of three
new safety zones, an increase of size for
six safety zone radiuses for fireworks
related events, and the reformatting of
regulations into an easier to read table
format. Normally such actions are
categorically excluded from further
review under paragraph L60a of
Appendix A, Table 1 of DHS Instruction
Manual 023–01–001–01, Rev. 01. A
preliminary Record of Environmental
Consideration supporting this
determination is available in the docket
where indicated under ADDRESSES. We
seek any comments or information that
may lead to the discovery of a
significant environmental impact from
this rule.
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to contact the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places or vessels.
V. Public Participation and Request for
Comments
We view public participation as
essential to effective rulemaking, and
will consider all comments and material
received during the comment period.
Your comment can help shape the
outcome of this rulemaking. If you
submit a comment, please include the
docket number for this rulemaking,
indicate the specific section of this
document to which each comment
applies, and provide a reason for each
suggestion or recommendation.
We encourage you to submit
comments through the Federal
eRulemaking Portal at https://
www.regulations.gov. If your material
cannot be submitted using https://
www.regulations.gov, contact the person
in the FOR FURTHER INFORMATION
CONTACT section of this document for
alternate instructions.
We accept anonymous comments. All
comments received will be posted
without change to https://
www.regulations.gov and will include
any personal information you have
provided. For more about privacy and
the docket, visit https://
www.regulations.gov/privacyNotice.
Documents mentioned in this NPRM
as being available in the docket, and all
public comments, will be in our online
docket at https://www.regulations.gov
and can be viewed by following that
website’s instructions. Additionally, if
you go to the online docket and sign up
for email alerts, you will be notified
when comments are posted or a final
rule is published.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and record keeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard proposes to
amend 33 CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
■
Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 0170.1.
■
2. Revise § 165.943 to read as follows:
§ 165.943 Safety zones; recurring events
in captain of the Port Duluth Zone.
(a) Regulations. The following
regulations apply to the safety zones
listed in Table 165.943 of this section:
(1) The Coast Guard will provide
advance notice of the enforcement date
and time of the safety zone being
enforced in Table 165.943, by issuing a
Notice of Enforcement, as well as, a
Broadcast Notice to Mariners.
(2) In accordance with the general
regulations in § 165.23 of this part, entry
into, transiting, or anchoring in this
safety zone is prohibited unless
authorized by the Captain of the Port
Duluth, or the designated on-scene
representative.
(b) Contacting the Captain of the Port.
While a safety zone listed in this section
is enforced, the Captain of the Port
Duluth or his or her on-scene
representative may be contacted via
VHF Channel 16 or telephone at (906)
635–3233. Vessel operators given
permission to enter or operate in a
safety zone must comply with all
directions given to them by the Captain
of the Port Duluth, or his or her onscene representative.
(c) Exemption. Public vessels, defined
as any vessel owned or operated by the
United States or by State or local
governments, operating in an official
capacity are exempted from the
requirements of this section.
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TABLE 165.943
[Datum NAD 1983]
Event
Location
(1) Bridgefest Regatta Fireworks
Display.
All waters of the Keweenaw Waterway in Hancock, MI within the arc of a circle
with a radius of no more than 1,120 feet from the launch site at position
47°07′22″ N, 088°35′28″ W.
All waters of Chequamegon Bay in Ashland, WI within the arc of a circle with a radius of no more than 1,120 feet from the launch site at position 46°35′50″ N,
090°52′59″ W.
(2) Ashland 4th of July Fireworks
Display.
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Event date
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Mid June.
On or around July 4th.
7650
Federal Register / Vol. 83, No. 36 / Thursday, February 22, 2018 / Proposed Rules
TABLE 165.943—Continued
[Datum NAD 1983]
Event
Location
Event date
(3) City of Bayfield 4th of July
Fireworks Display.
All waters of the Lake Superior North Channel in Bayfield, WI within the arc of a
circle with a radius of no more than 1,120 feet from the launch site at position
46°48′40″ N, 090°48′32″ W.
All waters of Siskiwit Bay in Cornucopia, WI within the arc of a circle with a radius
of no more than 1,120 feet from the launch site at position 46°51′35″ N,
091°06′15″ W.
All waters of the Duluth Harbor Basin, Northern Section in Duluth, MN within the
arc of a circle with a radius of no more than 1,120 feet from the launch site at
position 46°46′14″ N, 092°06′16″ W.
All waters of Lake Superior in LaPointe, WI within the arc of a circle with a radius
of no more than 1,120 feet from the launch site at position 46°46′40″ N,
090°47′22″ W.
All waters of Agate Bay in Two Harbors, MN within the arc of a circle with a radius
of no more than 1,120 feet from the launch site at position 47°00′54″ N,
091°40′04″ W.
All waters of Superior Bay in Superior, WI within the arc of a circle with a radius of
no more than 1,120 feet from the launch site at position 46°43′28″ N,
092°03′38″ W.
All waters of the Lake Superior North Channel between Bayfield and LaPointe, WI
within an imaginary line created by the following coordinates: 46°48′50″ N,
090°48′44″ W, moving southeast to 46°46′44″ N, 090°47′33″ W, then moving
northeast to 46°46′52″ N, 090°47′17″ W, then moving northwest to 46°49′03″ N,
090°48′25″ W, and finally returning to the starting position.
All waters of Superior Bay in Superior, WI within the arc of a circle with a radius of
no more than 1,120 feet from the launch site at position 46°43′28″ N,
092°03′47″ W.
All waters of the Duluth Harbor Basin, Northern Section in Duluth, MN within an
imaginary line created by the following coordinates: 46°46′36″ N, 092°06′06″ W,
moving southeast to 46°46′32″ N, 092°06′01″ W, then moving northeast to
46°46′45″ N, 092°05′45″ W, then moving northwest to 46°46′49″ N, 092°05′49″
W, and finally returning to the starting position.
On or around July 4th.
(4) Cornucopia 4th of July Fireworks Display.
(5) Duluth 4th Fest Fireworks
Display.
(6) LaPointe 4th of July Fireworks Display.
(7) Two Harbors 4th of July Fireworks Display.
(8) Superior 4th of July Fireworks
Display.
(9) Point to LaPointe Swim .........
(10) Lake Superior Dragon Boat
Festival Fireworks Display.
(11) Superior Man Triathlon ........
Dated: February 14, 2018.
E.E. Williams,
Commander, U.S. Coast Guard, Captain of
the Port Duluth.
[FR Doc. 2018–03624 Filed 2–21–18; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 660
[Docket No. 171031999–8160–01]
RIN 0648–BH40
Fisheries Off West Coast States; West
Coast Salmon Fisheries; Management
Measures To Limit Fishery Impacts on
Sacramento River Winter Chinook
Salmon
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule; request for
comments.
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AGENCY:
NMFS proposes to approve
new fishery management measures to
limit incidental catch of endangered
SUMMARY:
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Sacramento River winter Chinook
salmon (SRWC) in fisheries managed
under the Pacific Fishery Management
Council’s (Council) Pacific Salmon
Fishery Management Plan (FMP). These
new management measures replace
existing measures, which have been in
place since 2012, with updated salmon
abundance modeling methods that
utilize the best available science and
address concerns that the existing
measures were overly conservative.
DATES: Comments on this proposed rule
must be received on or before March 9,
2018.
ADDRESSES: You may submit comments,
identified by NOAA–NMFS–2017–0139,
by any one of the following methods:
• Electronic Submissions: Submit all
electronic public comments via the
Federal e-Rulemaking Portal. Go to
www.regulations.gov/
#!docketDetail;D=NOAA-NMFS-20170139, click the ‘‘Comment Now!’’ icon,
complete the required fields, and enter
or attach your comments.
• Mail: Barry A. Thom, Regional
Administrator, West Coast Region,
NMFS, 7600 Sand Point Way NE,
Seattle, WA 98115–0070.
Instructions: Comments must be
submitted by one of the above methods
to ensure that the comments are
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On or around July 4th.
On or around July 4th.
On or around July 4th.
On or around July 4th.
On or around July 4th.
Early August.
Late August.
Late August.
received, documented, and considered
by NMFS. Comments sent by any other
method, to any other address or
individual, or received after the end of
the comment period, may not be
considered. All comments received are
a part of the public record and will
generally be posted for public viewing
on https://www.regulations.gov without
change. All personal identifying
information (e.g., name, address, etc.)
submitted voluntarily by the sender will
be publicly accessible. Do not submit
confidential business information or
otherwise sensitive or protected
information. NMFS will accept
anonymous comments (enter N/A in the
required fields if you wish to remain
anonymous).
FOR FURTHER INFORMATION CONTACT:
Peggy Mundy at 206–526–4323.
SUPPLEMENTARY INFORMATION:
Background
Ocean salmon fisheries off the coasts
of Washington, Oregon, and California
are managed by the Council according
to the FMP. The FMP includes harvest
controls that are used to manage salmon
stocks sustainably. The FMP also
requires that the Council manage
fisheries consistent with ‘‘consultation
standards’’ for stocks listed as
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]]>Agencies
[Federal Register Volume 83, Number 36 (Thursday, February 22, 2018)]
[Proposed Rules]
[Pages 7647-7650]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-03624]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2018-0102]
RIN 1625-AA00
Safety Zones; Recurring Events in Captain of the Port Duluth Zone
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes to amend its safety zones regulations
for annual events in the Captain of the Port Duluth Zone. This rule
would update the locations for seven safety zones, add three new safety
zones, increase the safety zone radius of six existing fireworks
events, and modify the format of the regulation to list the annual
events and corresponding safety zones in table form. These proposed
amendments would protect spectators, participants, and vessels from the
hazards associated with annual marine events and improve the clarity
and readability of the regulation.
DATES: Comments and related material must be received by the Coast
Guard on or before March 26, 2018.
ADDRESSES: You may submit comments identified by docket number USCG-
2018-0102 using the Federal eRulemaking Portal at https://www.regulations.gov. Type the docket number (USCG-2018-0102) in the
``SEARCH'' box and click ``SEARCH.'' See the ``Public Participation and
Request for Comments'' portion of the SUPPLEMENTARY INFORMATION section
for further instructions on submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Lieutenant John Mack, Chief of Waterways Management,
Marine Safety Unit Duluth, U.S. Coast Guard; telephone 218-725-3818,
email [email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background, Purpose, and Legal Basis
On May 31, 2013 the Coast Guard published an NPRM in the Federal
[[Page 7648]]
Register (78 FR 32608) entitled ``Recurring Events in the Captain of
the Port Duluth Zone.'' The NPRM proposed to establish 8 permanent
safety zones for annually recurring events in the Captain of the Port
Duluth Zone under Sec. 165.943. The NPRM was open for comment for 30
days.
On August 12, 2013 the Coast Guard published the Final Rule in the
Federal Register (78 FR 48802), after receiving no comments on the
NPRM. Since that time there have been changes to the events that were
listed in the Final Rule and additional annual events have been
established. Through this proposed rule the Coast Guard seeks to update
Sec. 165.943 to reflect the current status of recurring marine events
in the Captain of the Port Duluth zone.
III. Discussion of Proposed Rule
The Coast Guard is proposing this rule under authority in 33 U.S.C.
1231. The Captain of the Port Duluth (COTP) has determined that an
amendment to the recurring events list as published in 33 CFR 165.943
will be necessary to: Update the location of seven existing safety
zones (Bridgefest Regatta Fireworks Display, Cornucopia 4th of July
Fireworks Display, Duluth 4th Fest Fireworks Display, LaPointe 4th of
July Fireworks Display, Point to LaPointe Swim, Lake Superior Dragon
Boat Festival, and Superior Man Triathlon), add three new safety zones
for additional annual events (City of Bayfield 4th of July Fireworks
Display, Two Harbors 4th of July Fireworks Display, and Superior 4th of
July Fireworks Display), increase the safety zone radius of six
fireworks events (Bridgefest Regatta Fireworks Display, Ashland 4th of
July Fireworks Display, Cornucopia 4th of July Fireworks Display,
LaPointe 4th of July Fireworks Display, and Lake Superior Dragon Boat
Festival), and format the existing regulations into a table format. The
purpose of this rule is to ensure safety of vessels and the navigable
waters in the safety zone before, during, and after the scheduled
events and to improve the overall clarity and readability of the rule.
The regulatory text we are proposing appears at the end of this
document.
The amendments to this proposed rule are necessary to ensure the
safety of vessels and people during annual events taking place on or
near federally maintained waterways in the Captain of the Port Duluth
Zone. Although this proposed rule would be in effect year-round, the
specific safety zones listed in Table 165.943 would only be enforced
during a specified period of time coinciding with the happening of the
annual events listed.
When a Notice of Enforcement for a particular safety zone is
published, entry into, transiting through, or anchoring within the
safety zone is prohibited unless authorized by the Captain of the Port
Duluth, or his or her designated representative. The Captain of the
Port Duluth or his or her designated representative may be contacted
via VHF Channel 16 or telephone at (906) 635-3233. No vessel or person
will be permitted to enter the safety zone without obtaining permission
from the COTP or a designated representative.
V. Regulatory Analyses
We developed this proposed rule after considering numerous statutes
and Executive Orders related to rulemaking. Below we summarize our
analyses based on a number of these statutes and Executive orders, and
we discuss First Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This NPRM has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, the NPRM has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
This regulatory action determination is based on the size,
location, duration, and time-of-day for each safety zone. Vessel
traffic would be able to safely transit around all safety zones which
would impact small designated areas within Lake Superior for short
durations of time. Moreover, the Coast Guard will issue Broadcast
Notice to Mariners via VHF-FM marine channel 16 about the zone and the
rule allows vessels to seek permission to enter the zone.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
While some owners or operators of vessels intending to transit the
safety zones may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section. The Coast Guard will not retaliate against small entities that
question or complain about this rule or any policy or action of the
Coast Guard.
C. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this proposed rule under that Order and
have determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, this proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the
[[Page 7649]]
Federal Government and Indian tribes. If you believe this rule has
implications for federalism or Indian tribes, please contact the person
listed in the FOR FURTHER INFORMATION CONTACT section.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this proposed rule will not
result in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.
F. Environment
We have analyzed this proposed rule under Department of Homeland
Security Management Directive 023-01, which guide the Coast Guard in
complying with the National Environmental Policy Act of 1969 (42 U.S.C.
4321-4370f), and have made a preliminary determination that this action
is one of a category of actions that does not individually or
cumulatively have a significant effect on the human environment. This
proposed rule involves: The update of seven safety zone locations, the
addition of three new safety zones, an increase of size for six safety
zone radiuses for fireworks related events, and the reformatting of
regulations into an easier to read table format. Normally such actions
are categorically excluded from further review under paragraph L60a of
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 01. A
preliminary Record of Environmental Consideration supporting this
determination is available in the docket where indicated under
ADDRESSES. We seek any comments or information that may lead to the
discovery of a significant environmental impact from this rule.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.
V. Public Participation and Request for Comments
We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
We encourage you to submit comments through the Federal eRulemaking
Portal at https://www.regulations.gov. If your material cannot be
submitted using https://www.regulations.gov, contact the person in the
FOR FURTHER INFORMATION CONTACT section of this document for alternate
instructions.
We accept anonymous comments. All comments received will be posted
without change to https://www.regulations.gov and will include any
personal information you have provided. For more about privacy and the
docket, visit https://www.regulations.gov/privacyNotice.
Documents mentioned in this NPRM as being available in the docket,
and all public comments, will be in our online docket at https://www.regulations.gov and can be viewed by following that website's
instructions. Additionally, if you go to the online docket and sign up
for email alerts, you will be notified when comments are posted or a
final rule is published.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and record
keeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No.
0170.1.
0
2. Revise Sec. 165.943 to read as follows:
Sec. 165.943 Safety zones; recurring events in captain of the Port
Duluth Zone.
(a) Regulations. The following regulations apply to the safety
zones listed in Table 165.943 of this section:
(1) The Coast Guard will provide advance notice of the enforcement
date and time of the safety zone being enforced in Table 165.943, by
issuing a Notice of Enforcement, as well as, a Broadcast Notice to
Mariners.
(2) In accordance with the general regulations in Sec. 165.23 of
this part, entry into, transiting, or anchoring in this safety zone is
prohibited unless authorized by the Captain of the Port Duluth, or the
designated on-scene representative.
(b) Contacting the Captain of the Port. While a safety zone listed
in this section is enforced, the Captain of the Port Duluth or his or
her on-scene representative may be contacted via VHF Channel 16 or
telephone at (906) 635-3233. Vessel operators given permission to enter
or operate in a safety zone must comply with all directions given to
them by the Captain of the Port Duluth, or his or her on-scene
representative.
(c) Exemption. Public vessels, defined as any vessel owned or
operated by the United States or by State or local governments,
operating in an official capacity are exempted from the requirements of
this section.
Table 165.943
[Datum NAD 1983]
----------------------------------------------------------------------------------------------------------------
Event Location Event date
----------------------------------------------------------------------------------------------------------------
(1) Bridgefest Regatta Fireworks All waters of the Keweenaw Mid June.
Display. Waterway in Hancock, MI within
the arc of a circle with a
radius of no more than 1,120
feet from the launch site at
position 47[deg]07'22'' N,
088[deg]35'28'' W.
(2) Ashland 4th of July Fireworks All waters of Chequamegon Bay On or around July 4th.
Display. in Ashland, WI within the arc
of a circle with a radius of
no more than 1,120 feet from
the launch site at position
46[deg]35'50'' N,
090[deg]52'59'' W.
[[Page 7650]]
(3) City of Bayfield 4th of July All waters of the Lake Superior On or around July 4th.
Fireworks Display. North Channel in Bayfield, WI
within the arc of a circle
with a radius of no more than
1,120 feet from the launch
site at position
46[deg]48'40'' N,
090[deg]48'32'' W.
(4) Cornucopia 4th of July Fireworks All waters of Siskiwit Bay in On or around July 4th.
Display. Cornucopia, WI within the arc
of a circle with a radius of
no more than 1,120 feet from
the launch site at position
46[deg]51'35'' N,
091[deg]06'15'' W.
(5) Duluth 4th Fest Fireworks Display.. All waters of the Duluth Harbor On or around July 4th.
Basin, Northern Section in
Duluth, MN within the arc of a
circle with a radius of no
more than 1,120 feet from the
launch site at position
46[deg]46'14'' N,
092[deg]06'16'' W.
(6) LaPointe 4th of July Fireworks All waters of Lake Superior in On or around July 4th.
Display. LaPointe, WI within the arc of
a circle with a radius of no
more than 1,120 feet from the
launch site at position
46[deg]46'40'' N,
090[deg]47'22'' W.
(7) Two Harbors 4th of July Fireworks All waters of Agate Bay in Two On or around July 4th.
Display. Harbors, MN within the arc of
a circle with a radius of no
more than 1,120 feet from the
launch site at position
47[deg]00'54'' N,
091[deg]40'04'' W.
(8) Superior 4th of July Fireworks All waters of Superior Bay in On or around July 4th.
Display. Superior, WI within the arc of
a circle with a radius of no
more than 1,120 feet from the
launch site at position
46[deg]43'28'' N,
092[deg]03'38'' W.
(9) Point to LaPointe Swim............. All waters of the Lake Superior Early August.
North Channel between Bayfield
and LaPointe, WI within an
imaginary line created by the
following coordinates:
46[deg]48'50'' N,
090[deg]48'44'' W, moving
southeast to 46[deg]46'44'' N,
090[deg]47'33'' W, then moving
northeast to 46[deg]46'52'' N,
090[deg]47'17'' W, then moving
northwest to 46[deg]49'03'' N,
090[deg]48'25'' W, and finally
returning to the starting
position.
(10) Lake Superior Dragon Boat Festival All waters of Superior Bay in Late August.
Fireworks Display. Superior, WI within the arc of
a circle with a radius of no
more than 1,120 feet from the
launch site at position
46[deg]43'28'' N,
092[deg]03'47'' W.
(11) Superior Man Triathlon............ All waters of the Duluth Harbor Late August.
Basin, Northern Section in
Duluth, MN within an imaginary
line created by the following
coordinates: 46[deg]46'36'' N,
092[deg]06'06'' W, moving
southeast to 46[deg]46'32'' N,
092[deg]06'01'' W, then moving
northeast to 46[deg]46'45'' N,
092[deg]05'45'' W, then moving
northwest to 46[deg]46'49'' N,
092[deg]05'49'' W, and finally
returning to the starting
position.
----------------------------------------------------------------------------------------------------------------
Dated: February 14, 2018.
E.E. Williams,
Commander, U.S. Coast Guard, Captain of the Port Duluth.
[FR Doc. 2018-03624 Filed 2-21-18; 8:45 am]
BILLING CODE 9110-04-P
