Safety Zones; Recurring Events in Captain of the Port Duluth Zone, 28379-28382 [2018-13055]
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Federal Register / Vol. 83, No. 118 / Tuesday, June 19, 2018 / Rules and Regulations
28379
TABLE 1
[Datum NAD 1983]
Event
Location
(1) Grand Marais Splash In; Grand
Marais, MI.
All U.S. navigable waters within the southern portion of West Bay
bound within the following coordinates: 46°40′22.08″ N,
085°59′0.12″ W, 46°40′22.08″ N, 085°58′22.08″ W, and
46°40′14.64″ N, 085°58′19.56″ W, with the West Bay shoreline
forming the South and West boundaries of the zone.
All U.S. navigable waters of Lake Charlevoix, near the City of East
Jordan, within the arc of a circle with an approximate 700-foot radius from the fireworks launch site in position 45°09′18″ N,
085°07′48″ W.
All U.S. navigable waters of East Moran Bay within an approximate
1,000-foot radius from the fireworks launch site at the end of the
Starline Mill Slip, centered in position: 45°52′24.62″ N,
084°43′18.13″ W.
(2) Jordan Valley Freedom Festival
Fireworks; East Jordan, MI.
(3) Festivals of Fireworks Celebration Fireworks; St. Ignace, MI.
(4) National Cherry Festival Airshow
Safety Zone; Traverse City, MI.
Event date
All U.S. navigable waters of the West Arm of Grand Traverse Bay
within a box bounded by the following coordinates: 44°46′51.6″ N,
085°38′15.6″ W, 44°46′23.4″ N, 085°38′22.8″ W, 44°46′30.00″ N,
085°35′42.00″ W, and 44°46′2.34″ N, 085°35′50.4″ W.
This action is being taken to provide
for the safety of life on navigable
waterways during the fireworks
displays. The regulations for safety
zones within the Captain of the Port
Sault Sainte Marie Zone, § 165.918,
apply for these fireworks displays.
In addition to this publication in the
Federal Register, the Coast Guard plans
to provide notification of this
enforcement period via the Local Notice
to Mariners, and marine information
broadcasts.
Dated: June 13, 2018.
M.R. Broz,
Captain, U.S. Coast Guard, Captain of the
Port Sault Sainte Marie.
[FR Doc. 2018–13069 Filed 6–18–18; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
of the regulation to list the annual
events and corresponding safety zones
in table form. These amendments will
protect spectators, participants, and
vessels from the hazards associated with
annual marine events and improve the
clarity and readability of the regulation.
DATES: This rule is effective July 19,
2018.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2018–
0102 in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rule.
FOR FURTHER INFORMATION CONTACT: If
you have questions 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
DuluthWWM@uscg.mil.
SUPPLEMENTARY INFORMATION:
33 CFR Part 165
I. Table of Abbreviations
[Docket Number USCG–2018–0102]
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
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 amend
its safety zone regulations for annual
events in the Captain of the Port Duluth
Zone. This final 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
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SUMMARY:
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II. Background, Purpose, and Legal
Basis
On February 22, 2018 the Coast Guard
published an NPRM in the Federal
Register (82 FR 16012) entitled ‘‘Safety
Zones; Recurring Events in Captain of
the Port Duluth Zone.’’ The NPRM
proposed to amend seven permanent
safety zones, add three new safety
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June 16, 2018; 1 p.m. to 5 p.m.
June 30, 2018; Rain date July 1,
2018; 9 p.m. to 11 p.m.
July 4 and Saturday nights June
30 to September 1, 2018; 30
minutes before sunset and 30
minutes after the end of the fireworks display.
June 28, 2018: 11 a.m. to 5:30
p.m.; June 29, 2018: 12 noon to
6 p.m.; June 30, 2018: 12 noon
to 6 p.m.; July 1, 2018: 12 noon
to 6 p.m.
zones, increase the safety zone radius of
six existing fireworks events, and
modify the format of the regulations in
a table format for annually recurring
events in the Captain of the Port Duluth
Zone under § 165.943. The
aforementioned NPRM was open for
comment for 30 days in which one
comment was received.
III. Discussion of Comments, Changes,
and the Rule
As noted above, we received one
comment on our NPRM published
February 22, 2018. The submission was
not relevant to the rulemaking and no
substantive changes were made to the
rule based upon this comment. We
made nonsubstantive editorial changes
in the regulatory text of this rule that
vary from the proposed rule in the
NPRM.
This rule is necessary to ensure seven
existing regulations receive updated
coordinates, add three new safety zones,
increase the radius of six established
fireworks events, and have the existing
regulations published in a table format.
The updated coordinates are necessary
to ensure safety zones are in place at the
appropriate location of the event. The
addition of three new safety zones, all
of which are fireworks events, will help
prevent injury to spectators from the
pyrotechnics. The increase of safety
zone radius for six published rules is
necessary to protect the public when
larger pyrotechnic shell sizes are used
during the fireworks displays. A table
format increases the readability of
published safety zones.
This rule will not have a significant
economic impact on any vessel owner
or operator as stated in the published
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28380
Federal Register / Vol. 83, No. 118 / Tuesday, June 19, 2018 / Rules and Regulations
NPRM. The safety zones will impact
small designated areas within Lake
Superior for short durations of time.
Upon notification from the event
sponsor, the date and times for each
safety zone will be contained in a
published Notice of Enforcement issued
by the COTP Duluth. Any small entity
that maybe impacted by these
regulations at a future date are welcome
to contact the Coast Guard.
The Coast Guard is issuing 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, 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, Duluth 4th Fest
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 amendments 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 rule will be in effect yearround, the specific safety zones listed in
Table 1 to § 165.943 will only be
enforced during a specified period of
time when the event is on-going.
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 can be
contacted via VHF Channel 16. No
vessel or person will be permitted to
enter the safety zone without obtaining
permission from the COTP or a
designated representative.
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IV. Regulatory Analyses
We developed this rule after
considering numerous statutes and
Executive Orders related to rulemaking.
Below we summarize our analyses
based on a number of these statutes and
Executive orders, and we discuss First
Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563
direct agencies to assess the costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits.
Executive Order 13563 emphasizes the
importance of quantifying both costs
and benefits, of reducing costs, of
harmonizing rules, and of promoting
flexibility. This rule has not been
designated a ‘‘significant regulatory
action,’’ under Executive Order 12866.
Executive Order 13771 (‘‘Reducing
Regulation and Controlling Regulatory
Costs’’), directs agencies to reduce
regulation and control regulatory costs
and provides that ‘‘for every one new
regulation issued, at least two prior
regulations be identified for elimination,
and that the cost of planned regulations
be prudently managed and controlled
through a budgeting process.’’
The Office of Management and Budget
(OMB) has not designated this rule a
significant regulatory action under
section 3(f) of Executive Order 12866.
Accordingly, it has not been reviewed
by the Office of Management and
Budget. As this rule is not a significant
regulatory action, this rule is exempt
from the requirements of Executive
Order 13771. See OMB’s Memorandum
titled ‘‘Interim Guidance Implementing
Section 2 of the Executive Order of
January 30, 2017 titled ‘Reducing
Regulation and Controlling Regulatory
Costs’ ’’ (February 2, 2017).
This regulatory action determination
is based on the size, location, duration,
and time-of-day for each safety zone.
Vessel traffic will be able to safely
transit around all safety zones which
will 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
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businesses, not-for-profit organizations
that are independently owned and
operated and are not dominant in their
fields, and governmental jurisdictions
with populations of less than 50,000.
The Coast Guard received no comments
from the Small Business Administration
on this rulemaking. The Coast Guard
certifies under 5 U.S.C. 605(b) that this
rule will not have a significant
economic impact on a substantial
number of small entities.
While some owners or operators of
vessels intending to transit the safety
zone may be small entities, for the
reasons stated in section IV.A above,
this rule will not have a significant
economic impact on any vessel owner
or operator.
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding this rule. If the rule
would affect your small business,
organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please contact the person
listed in the FOR FURTHER INFORMATION
CONTACT section.
Small businesses may send comments
on the actions of Federal employees
who enforce, or otherwise determine
compliance with, Federal regulations to
the Small Business and Agriculture
Regulatory Enforcement Ombudsman
and the Regional Small Business
Regulatory Fairness Boards. The
Ombudsman evaluates these actions
annually and rates each agency’s
responsiveness to small business. If you
wish to comment on actions by
employees of the Coast Guard, call 1–
888–REG–FAIR (1–888–734–3247). The
Coast Guard will not retaliate against
small entities that question or complain
about this rule or any policy or action
of the Coast Guard.
C. Collection of Information
This rule will not call for a new
collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520).
D. Federalism and Indian Tribal
Governments
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on the States, on the relationship
between the national government and
the States, or on the distribution of
power and responsibilities among the
various levels of government. We have
analyzed this rule under that Order and
have determined that it is consistent
with the fundamental federalism
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Federal Register / Vol. 83, No. 118 / Tuesday, June 19, 2018 / Rules and Regulations
principles and preemption requirements
described in Executive Order 13132.
Also, this rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it does not have a substantial
direct effect on one or more Indian
tribes, on the relationship between the
Federal Government and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes. If you
believe this rule has implications for
federalism or Indian tribes, please
contact the person listed in the FOR
FURTHER INFORMATION CONTACT section.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this rule
will not result in such an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
F. Environment
We have analyzed this rule under
Department of Homeland Security
Management Directive 023–01 and
Commandant Instruction M16475.lD,
which guide the Coast Guard in
complying with the National
Environmental Policy Act of 1969 (42
U.S.C. 4321–4370f), and have
determined that this action is one of a
category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule involves: 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. It is
categorically excluded from further
review under paragraph L60(a) of
Appendix A, Table 1 of DHS Instruction
Manual 023–01–001–01, Rev. 01. A
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.
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:
28381
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 1 to this section:
(1) The Coast Guard will provide
advance notice of the enforcement date
and time of the safety zone being
enforced in Table 1 to this section, by
issuing a Notice of Enforcement, as well
as a Broadcast Notice to Mariners.
(2) During the enforcement period, the
general regulations found in § 165.23
shall apply.
(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. Vessel operators given
permission to enter or operate in the
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.
TABLE 1 TO § 165.943
[Datum NAD 1983]
Event
(1) Bridgefest Regatta Fireworks Display.
(2) Ashland 4th of July Fireworks Display.
(3) City of Bayfield 4th of
July Fireworks Display.
(4) Cornucopia 4th of July
Fireworks Display.
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(5) Duluth 4th Fest Fireworks Display.
(6) LaPointe 4th of July Fireworks Display.
(7) Two Harbors 4th of July
Fireworks Display.
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Location
Event date
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.
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.
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Mid June.
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.
On or around July 4th.
28382
Federal Register / Vol. 83, No. 118 / Tuesday, June 19, 2018 / Rules and Regulations
TABLE 1 TO § 165.943—Continued
[Datum NAD 1983]
Event
Location
(8) Superior 4th of July Fireworks Display.
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.
(9) Point to LaPointe Swim ..
(10) Lake Superior Dragon
Boat Festival Fireworks
Display.
(11) Superior Man Triathlon
Dated: June 13, 2018.
E.E. Williams,
Commander, U.S. Coast Guard, Captain of
the Port Duluth.
[FR Doc. 2018–13055 Filed 6–18–18; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R10–OAR–2017–0566; FRL–9979–48–
Region 10]
Air Plan Approval; ID, Crop Residue
Burning; Revision to Ozone
Requirement
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking final action to
approve revisions to Idaho’s State
Implementation Plan (SIP) related to
agricultural crop residue burning. The
Director of the Idaho Department of
Environmental Quality (IDEQ)
submitted the revisions to EPA on
September 22, 2017. IDEQ
supplemented the original submission
with photochemical modeling analyses
on October 23, 2017. The revisions
change the ambient ozone concentration
level at which IDEQ may approve a
permittee’s request to burn. This final
action is being taken for the reasons set
out in EPA’s proposed action in this
matter. This action is being taken under
section 110 of the Clean Air Act (the Act
or CAA).
DATES: This final rule is effective July
19, 2018.
ADDRESSES: EPA has established a
docket for this action under Docket ID
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SUMMARY:
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Event date
On or around July 4th.
Early August.
Late August.
Late August.
No. EPA–R10–OAR–2017–0566. All
documents in the docket are listed on
the https://www.regulations.gov
website. Although listed in the index,
some information is not publicly
available, e.g., CBI or other information
whose disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available through https://
www.regulations.gov, or please contact
the person identified in the FOR FURTHER
INFORMATION CONTACT section for
additional availability information.
FOR FURTHER INFORMATION CONTACT:
Randall Ruddick at (206) 553–1999, or
ruddick.randall@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, wherever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, it is
intended to refer to EPA.
comment period for this proposal ended
on February 21, 2018. EPA received
public comments on the proposed
rulemaking. Summaries of the
comments as well as EPA’s responses to
adverse comments are in Section II of
this rulemaking action. After
consideration of the comments, we do
not believe any changes in the rationale
or conclusions in the proposed approval
are appropriate.
Table of Contents
Comment
EPA received public comments
arguing that the NAAQS are not
adequately protective of public health in
the context of crop residue burning and
should not be relied upon as the basis
for approval of the proposed crop
residue burning SIP revisions. One
commenter stated that because the PM2.5
NAAQS takes the form of a 24-hour
average that it allows ‘‘spikes’’ of
emissions that are sufficient to ‘‘kill
citizens, especially children with
undeveloped lungs, the elderly, and
anyone with underlying heart or lung
diseases.’’ Another commenter urged
EPA to disapprove the proposed SIP
revisions, citing studies that they assert
demonstrate negative human health
impacts to exposure to ozone at levels
below the NAAQS.
I. Background
II. Response to Comments
III. Final Action
IV. Incorporation by Reference
V. Statutory and Executive Orders Review
I. Background
On September 22, 2017, the Idaho
Department of Environmental Quality
(IDEQ) submitted revisions to the SIP
provisions regulating open burning of
crop residue in the state to EPA for
approval. On January 22, 2018, the EPA
proposed to approve all of the revisions
requested in the September 22, 2017
submittal. We are taking final action for
the reasons explained in the January 22,
2018 notification of proposed approval
(83 FR 2955). Please see our proposed
approval for further explanation and the
basis for our finding. The public
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II. Response to Comments
EPA received comments on a variety
of issues related to the proposed
approval of Idaho’s crop residue
burning SIP revisions. Out of a total of
ten comments received, three were
supportive of EPA’s approval of the SIP
revisions, four were adverse to the
EPA’s proposed approval, and three
were determined to be not germane to
this action. A full copy of all comments
received is available in the docket for
final action.
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]]>Agencies
[Federal Register Volume 83, Number 118 (Tuesday, June 19, 2018)]
[Rules and Regulations]
[Pages 28379-28382]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-13055]
-----------------------------------------------------------------------
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: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard will amend its safety zone regulations for
annual events in the Captain of the Port Duluth Zone. This final 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 amendments
will protect spectators, participants, and vessels from the hazards
associated with annual marine events and improve the clarity and
readability of the regulation.
DATES: This rule is effective July 19, 2018.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2018-0102 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.
FOR FURTHER INFORMATION CONTACT: If you have questions 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 February 22, 2018 the Coast Guard published an NPRM in the
Federal Register (82 FR 16012) entitled ``Safety Zones; Recurring
Events in Captain of the Port Duluth Zone.'' The NPRM proposed to amend
seven permanent safety zones, add three new safety zones, increase the
safety zone radius of six existing fireworks events, and modify the
format of the regulations in a table format for annually recurring
events in the Captain of the Port Duluth Zone under Sec. 165.943. The
aforementioned NPRM was open for comment for 30 days in which one
comment was received.
III. Discussion of Comments, Changes, and the Rule
As noted above, we received one comment on our NPRM published
February 22, 2018. The submission was not relevant to the rulemaking
and no substantive changes were made to the rule based upon this
comment. We made nonsubstantive editorial changes in the regulatory
text of this rule that vary from the proposed rule in the NPRM.
This rule is necessary to ensure seven existing regulations receive
updated coordinates, add three new safety zones, increase the radius of
six established fireworks events, and have the existing regulations
published in a table format. The updated coordinates are necessary to
ensure safety zones are in place at the appropriate location of the
event. The addition of three new safety zones, all of which are
fireworks events, will help prevent injury to spectators from the
pyrotechnics. The increase of safety zone radius for six published
rules is necessary to protect the public when larger pyrotechnic shell
sizes are used during the fireworks displays. A table format increases
the readability of published safety zones.
This rule will not have a significant economic impact on any vessel
owner or operator as stated in the published
[[Page 28380]]
NPRM. The safety zones will impact small designated areas within Lake
Superior for short durations of time. Upon notification from the event
sponsor, the date and times for each safety zone will be contained in a
published Notice of Enforcement issued by the COTP Duluth. Any small
entity that maybe impacted by these regulations at a future date are
welcome to contact the Coast Guard.
The Coast Guard is issuing 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, 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,
Duluth 4th Fest 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 amendments 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 rule will be in effect year-round, the specific safety zones
listed in Table 1 to Sec. 165.943 will only be enforced during a
specified period of time when the event is on-going.
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 can be contacted
via VHF Channel 16. No vessel or person will be permitted to enter the
safety zone without obtaining permission from the COTP or a designated
representative.
IV. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive Orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13563 emphasizes the importance of
quantifying both costs and benefits, of reducing costs, of harmonizing
rules, and of promoting flexibility. This rule has not been designated
a ``significant regulatory action,'' under Executive Order 12866.
Executive Order 13771 (``Reducing Regulation and Controlling Regulatory
Costs''), directs agencies to reduce regulation and control regulatory
costs and provides that ``for every one new regulation issued, at least
two prior regulations be identified for elimination, and that the cost
of planned regulations be prudently managed and controlled through a
budgeting process.''
The Office of Management and Budget (OMB) has not designated this
rule a significant regulatory action under section 3(f) of Executive
Order 12866. Accordingly, it has not been reviewed by the Office of
Management and Budget. As this rule is not a significant regulatory
action, this rule is exempt from the requirements of Executive Order
13771. See OMB's Memorandum titled ``Interim Guidance Implementing
Section 2 of the Executive Order of January 30, 2017 titled `Reducing
Regulation and Controlling Regulatory Costs' '' (February 2, 2017).
This regulatory action determination is based on the size,
location, duration, and time-of-day for each safety zone. Vessel
traffic will be able to safely transit around all safety zones which
will 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 received no comments from the Small Business
Administration on this rulemaking. The Coast Guard certifies under 5
U.S.C. 605(b) that this rule will not have a significant economic
impact on a substantial number of small entities.
While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
IV.A above, this rule will not have a significant economic impact on
any vessel owner or operator.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
C. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
[[Page 28381]]
principles and preemption requirements described in Executive Order
13132.
Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this rule has implications for federalism or Indian tribes,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
F. Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (42 U.S.C. 4321-4370f), and have determined that
this action is one of a category of actions that do not individually or
cumulatively have a significant effect on the human environment. This
rule involves: 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. It is categorically
excluded from further review under paragraph L60(a) of Appendix A,
Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 01. A 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.
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; 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 1 to this section:
(1) The Coast Guard will provide advance notice of the enforcement
date and time of the safety zone being enforced in Table 1 to this
section, by issuing a Notice of Enforcement, as well as a Broadcast
Notice to Mariners.
(2) During the enforcement period, the general regulations found in
Sec. 165.23 shall apply.
(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. Vessel
operators given permission to enter or operate in the 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 1 to Sec. 165.943
[Datum NAD 1983]
----------------------------------------------------------------------------------------------------------------
Event Location Event date
----------------------------------------------------------------------------------------------------------------
(1) Bridgefest Regatta Fireworks All waters of the Keweenaw Waterway Mid June.
Display. 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 in On or around July 4th.
Display. 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.
(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 All waters of Siskiwit Bay in On or around July 4th.
Fireworks 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 All waters of the Duluth Harbor On or around July 4th.
Display. 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 All waters of Agate Bay in Two On or around July 4th.
Fireworks 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.
[[Page 28382]]
(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 All waters of Superior Bay in Late August.
Festival 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: June 13, 2018.
E.E. Williams,
Commander, U.S. Coast Guard, Captain of the Port Duluth.
[FR Doc. 2018-13055 Filed 6-18-18; 8:45 am]
BILLING CODE 9110-04-P
