[Federal Register: June 13, 2005 (Volume 70, Number 112)]
[Rules and Regulations]
[Page 34064-34065]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13jn05-3]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[CGD09-05-014]
RIN 2115-AA87
Security Zone; Duluth Harbor, Duluth, MN
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary security zone in
Duluth's inner harbor for the Commissioning ceremony of the Coast Guard
Cutter ALDER. The security zone is necessary to ensure the security of
dignitaries attending this ceremony on June 10, 2005. The security zone
is intended to restrict vessels from a portion of Duluth Harbor in
Duluth, Minnesota.
DATES: This rule is effective from 10 a.m. (local) until 3 p.m., June
10, 2005.
ADDRESSES: Comments and material received from the public, as well as
documents indicated in this preamble as being available in the docket,
are part of docket (CGD09-05-014) and are available for inspection or
copying at the U.S. Coast Guard Marine Safety Office Duluth, 600 South
Lake Avenue, Canal Park, Duluth, Minnesota 55802, between the hours of
7:30 a.m. and 3:30 p.m., Monday through Friday, except Federal
holidays.
FOR FURTHER INFORMATION CONTACT: LT Greg Schultz, U.S. Coast Guard
Marine Safety Office Duluth, at (218) 720-5285.
SUPPLEMENTARY INFORMATION:
Regulatory Information
On May 13, 2005, we published a notice of proposed rulemaking in
the Federal Register (70 FR 25514). We received no comments on the
proposed rule. No public hearing was requested, and none was held.
Under 5 U.S.C. 553 (d)(3), the Coast Guard finds that good cause exists
for making this rule effective less than 30 days after publication in
the Federal Register. The regulation is needed to protect dignitaries
during the event and a delay would be contrary to the public interest.
Background and Purpose
The security zone will encompass the waters of Duluth Harbor,
within a 500 foot radius from a fixed point located at 46[deg]46'17''
N, 92[deg]05'26'' W. These coordinates are based upon North American
Datum (NAD 1983).
Entry into, transit through, or anchoring within this security zone
is prohibited unless authorized by the Captain of the Port Duluth or
his designated on-scene representative. The designated on-scene
representative will be the Coast Guard Patrol Commander. The Coast
Guard Patrol Commander may be contacted via VHF Channel 16.
Regulatory Evaluation
This rule is not a ``significant regulatory action'' under section
3(f) of Executive Order 12866, Regulatory Planning and Review, and does
not require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order. It is not ``significant'' under the
regulatory policies and procedures of the Department of Homeland
Security (DHS).
The security zone will only be in effect for a few hours on the day
of the event and vessels may easily still transit inside the Duluth
Harbor.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. The term ``small entities''
comprises small businesses, not-for-profit organizations that are
independently owned and operated and are not
[[Page 34065]]
dominant in their fields, and governmental jurisdictions with
populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will
not have a significant economic impact on a substantial number of small
entities.
This rule will affect the following entities: the owners or
operators of vessels intending to transit or anchor in this portion of
Duluth Harbor from 10 a.m. to 3 p.m. June 10, 2005. This regulation
will not have a significant economic impact for the following reasons.
The regulation is only in effect for one day of the event. The
designated area is being established to allow for maximum use of the
waterway for commercial and recreational vessels. The Coast Guard will
inform the public that the regulation is in effect via Marine
Information Broadcasts.
Assistance for Small Entities
Under Section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pubic Law 104-121), we offer to assist small
entities in understanding the rule so that they can better evaluate its
effects on them and participate in the rulemaking process. 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 U.S. Coast Guard, call 1-888-REG-FAIR (1-888-734-3247).
Collection of Information
This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
We have analyzed this rule under Executive Order 13132, Federalism,
and have determined that this rule does not have implications for
federalism under that Order.
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 or more in any
one year. Though this proposed rule would not result in such
expenditure, we do discuss the effects of this rule elsewhere in this
preamble.
Taking of Private Property
This rule will not affect a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
Protection of Children
The Coast Guard has analyzed this rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This rule is not an economically significant rule and does not
create an environmental risk to health or risk to safety that may
disproportionately affect children.
Energy Effects
We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulation That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. It has not been designated by the Administrator of the
Office of Information and Regulatory Affairs as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Indian Tribal Governments
This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.
Environment
We have analyzed this proposed rule under Commandant Instruction
M16475.lD, which guides the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have made a preliminary determination that there are no factors in this
case that would limit the use of a categorical exclusion under section
2.B.2 of the Instruction. Therefore, we believe that this rule should
be categorically excluded, under figure 2-1, paragraph (34)(g), of the
Instruction, from further environmental documentation. This event
establishes a safety zone, therefore paragraph (34)(g) of the
Instruction applies.
A preliminary ``Environmental Analysis Check List'' is available in
the docket where indicated under ADDRESSES. Comments on this section
will be considered before we make the final decision on whether the
rule should be categorically excluded from further environmental
review.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and record
keeping requirements, Security measures, Waterways.
0
For the reasons set out 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. 1226, 1231; 46 U.S.C. Chapter 701; 50
U.S.C. 191, 195; 33 CFR 1.05-1(g), 6.04-1, 6.04-6, and 160.5; Pub.
L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.
0
2. A new temporary Sec. 165.T09-014 is added to read as follows:
Sec. 165.T09-014 Security Zone; Duluth Harbor, Duluth, Minnesota.
(a) Location. The following area is designated as a security zone:
The waters of Duluth Harbor, within a 500 foot radius from a fixed
point located at 46[deg]46'17'' N, 92[deg]05'26'' W. These coordinates
are based upon North American Datum (NAD 1983).
(b) Effective time and date. This section is effective from 10 a.m.
until 3 p.m. (local), on June 10, 2005.
(c) Regulations. Entry into, transit through, or anchoring within
the security zone is prohibited unless authorized by the Captain of the
Port Duluth or the Coast Guard Patrol Commander.
Dated: June 6, 2005.
H.M. Nguyen,
Commander, U.S. Coast Guard, Captain of the Port Duluth.
[FR Doc. 05-11666 Filed 6-10-05; 3:31 pm]
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