[Federal Register: May 13, 2005 (Volume 70, Number 92)]
[Proposed Rules]
[Page 25514-25516]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13my05-20]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[CGD09-05-014]
RIN 1625-AA87
Security Zone; Duluth Harbor, Duluth, MN
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes to establish 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: Comments and related material must reach the Coast Guard on or
before June 2, 2005.
ADDRESSES: You may mail comments and related material to U.S. Coast
Guard Marine Safety Office Duluth, 600 South Lake Ave, Canal Park,
Duluth, Minnesota 55802. U.S. Coast Guard Marine Safety Office (MSO)
Duluth maintains the public docket for this rulemaking. You may also
submit comments electronically to djustis@msoduluth.uscg.mil. Comments
and material received from the public, as well as documents indicated
in this preamble as being available in the docket, will become part of
this docket and will be available for inspection or copying at the U.S.
Coast Guard Marine Safety Office Duluth, 600 South Lake Ave, 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:
Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related material. If you do so, please include your name
and address, identify the docket number for this rulemaking (CGD09-05-
014), indicate the specific section of this document to which each
comment applies, and give the reason for each comment. Please submit
all comments and related material in an unbound format, no larger than
8\1/2\ by 11 inches, suitable for copying. You may also submit comments
electronically to djustis@msoduluth.uscg.mil. If you would like to know
that they reached us, please enclose a stamped, self-addressed postcard
or envelope. We will consider all comments and material received during
the comment period. We may change this proposed rule in view of them.
[[Page 25515]]
Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for a meeting by writing to MSO Duluth at the address under
ADDRESSES explaining why one would be beneficial. If we determine that
one would aid this rulemaking, we will hold one at a time and place
announced by a later notice in the Federal Register.
Background and Purpose
An event such as a military vessel commissioning is a high interest
event and will be attended by large numbers of spectators from both
shore and on the water. In addition, it is expected at the time of
publication of this proposed rule that certain dignitaries will be in
attendance, however specific knowledge of the attendees is not yet
known.
A security zone is necessary to keep boaters from the specified
area to provide for the security of the Coast Guard Cutter Alder and
the dignitaries in attendance.
Discussion of Proposed Rule
The Coast Guard is proposing a security zone in Duluth Harbor,
Duluth, Minnesota. The Coast Guard will notify the public in advance by
way of the Ninth Coast Guard District Local Notice to Mariners, the
Broadcast Notice to Mariners, and, for those who request it, from MSO
Duluth, by facsimile (fax).
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).
We expect the economic impact of this proposed rule to be so
minimal that a full Regulatory Evaluation under the regulatory policies
and procedures of DHS is unnecessary.
The security zone will only be in effect for 5 hours on the day of
the event and the zone is in such a location as to allow vessels to
transit into 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 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. (local) to 3 p.m. (local) 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.
If you think 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.
Assistance for Small Entities
Under Section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 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. 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 MSO Duluth (see ADDRESSES).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.
Collection of Information
This proposed rule calls for no new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this proposed rule
under that Order and have determined that it does not have implications
for federalism.
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 proposed rule will not effect 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 proposed 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
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.
Indian Tribal Governments
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 Federal Government and Indian tribes.
Energy Effects
We have analyzed this proposed 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
[[Page 25516]]
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.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
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.
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 to
categorically exclude this rule from further environmental review.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
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
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
2. A new temporary Sec. 165.T09-014 is added to read as follows:
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 regulation is effective from 10
a.m. (local) on June 10, 2005, through 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: May 4, 2005.
H.M. Nguyen,
Commander, U.S. Coast Guard, Captain of the Port Duluth.
[FR Doc. 05-9631 Filed 5-12-05; 8:45 am]
BILLING CODE 4910-15-P