[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]


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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.

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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 http://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 <a href="/cdn-cgi/l/email-protection#0642736a73726e51514b4673756561286b6f6a"><span class="__cf_email__" data-cfemail="df9baab3aaabb78888929faaacbcb8f1b2b6b3">[email protected]</span></a>.

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]
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               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.
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    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


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