[Federal Register: November 13, 2006 (Volume 71, Number 218)]
[Rules and Regulations]
[Page 66110-66112]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13no06-8]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[CGD09-06-122]
RIN 1625-AA00
Safety Zone; St. Louis River/Duluth/Interlake Tar Remediation
Site, Duluth, MN
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
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SUMMARY: The Coast Guard is establishing a safety zone on the St. Louis
River in Duluth, Minnesota. The purpose of the safety zone is to
protect the boating public from dangers associated with the cleanup
operation in and around Stryker Bay. Entry into this zone will be
prohibited unless authorized by the Captain of the Port or his duly
appointed representative.
DATES: This rule is effective 8 a.m. (CST) on November 30, 2006.
ADDRESSES: Comments and material received from the public are part of
the docket [CGD09-06-122] and are available for inspection or copying
at U.S. Coast Guard Marine Safety Unit 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: LCDR Scott Stoermer, U.S. Coast Guard
Marine Safety Unit Duluth, at (218) 720-5286, ext. 111.
SUPPLEMENTARY INFORMATION:
Background and Purpose
On June 23, 2006, the Captain of the Port Duluth issued a Temporary
Final Rule (71 FR 36012, CGD9-06-031, 33 CFR 165.T09-031) establishing
a safety zone in Stryker Bay and Hallett Slips 6 & 7, which expires on
November 30, 2006. Additionally, the Captain of the Port Duluth
published a NPRM to make the safety zone permanent (71 FR 44250, CGD9-
06-122, 33 CFR 165.927). The Coast Guard, through this action, intends
to continue to ensure the safety of the public and boating traffic in
the Stryker Bay area during the course of an environmental remediation
project. This safety zone is intended to restrict vessel traffic from
the portion of St. Louis River where construction and dredging are
occurring. The size of the zone was determined by placing the
boundaries approximately 50 feet beyond the outermost extent of
dredging operations, encompassing all of Stryker Bay and Hallett Slips
6 & 7. The Coast Guard intends to cancel this safety zone upon
completion of the remediation which is currently anticipated to last
for three years.
Discussion of Rule
The Coast Guard is establishing this safety zone to ensure the
safety of boaters transiting this portion of the St. Louis River. The
safety zone is identical to the current safety zone established by the
temporary final rule discussed above.
The safety zone would encompass all waters of Stryker Bay and
Hallett Slips 6 & 7 which are located north of a boundary line
delineated by the following points: From the shoreline at 46[deg]
43'10.00'' N, 092[deg]10'31.66'' W, then south to 46[deg]43'06.24'' N,
092[deg]10'31.66'' W, then east to 46[deg]43'06.24'' N,
092[deg]09'41.76'' W, then north to the shoreline at 46[deg]43'10.04''
N, 092[deg]09'41.76'' W. These coordinates are based upon North
American Datum 1983 [NAD 83].
The safety zone requires that all persons and vessels comply with
the instructions of the Captain of the Port Duluth or the designated
on-scene representative. Entry into, transiting, or anchoring within
the safety zone would be prohibited unless authorized by the Captain of
the Port Duluth or his designated on-scene representative. The Captain
of the Port or his designated representative may be contacted at Coast
Guard Marine Safety Unit Duluth at (218) 720-5286.
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 rule to be so minimal that a
full Regulatory Evaluation under the regulatory policies and procedures
of DHS is unnecessary.
This determination is based on the absence of any commercial vessel
traffic in this portion of the St. Louis River. There are currently no
operational marine terminals west of Hallett Slip 7, which is part of
the remediation.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered
[[Page 66111]]
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, some of which may be
small entities: The owners or operators of vessels intending to transit
or anchor in the St. Louis River in the above described zone during the
effective period.
This safety zone will not have a significant economic impact on a
substantial number of small entities for the following reasons: Hallett
Slips 6 & 7 are industrial properties not generally used by the public,
and Stryker Bay already has posted warnings against use of those
waters. Vessel traffic may enter or transit through the safety zone
with the permission of the Captain of the Port Duluth or his designated
on-scene representative. Before the effective period, we will issue
maritime advisories and ensure they are widely available to users of
the St. Louis River.
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 could better evaluate
its effects on them and participate in the rulemaking process. 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 MSU Duluth (see ADDRESSES).
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
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has 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 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 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
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 concern an
environmental risk to health or risk to safety that may
disproportionately affect children.
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.
Energy Effects
We have analyzed this rule under Executive order 13211, Actions
Concerning Regulations 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. The Administrator of the office of Information and
Regulatory Affairs has not designated it 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 procedure; and related management
system practices) that are developed or adopted by voluntary consensus
standards bodies.
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
Environment
We have analyzed this 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 final ``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
recordkeeping requirements, Security measures, Waterways.
0
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:
[[Page 66112]]
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 Sec. 165.927 is added to read as follows:
Sec. 165.927 Safety Zone; St. Louis River, Duluth/Interlake Tar
Remediation Site, Duluth, MN.
(a) Location: The following area is a safety zone: All waters of
Stryker Bay and Hallett Slips 6 & 7 which are located north of a
boundary line delineated by the following points: From the shoreline at
46[deg]43'10.00'' N, 092[deg]10'31.66'' W, then south to
46[deg]43'06.24'' N, 092[deg]10'31.66'' W, then east to
46[deg]43'06.24'' N, 092[deg]09'41.76'' W, then north to the shoreline
at 46[deg]43'10.04'' N, 092[deg]09'41.76'' W. [Datum NAD 83].
(b) Regulations. (1) In accordance with the general regulations in
Sec. 165.23 of this part, entry into, transiting, or anchoring within
this safety zone is prohibited unless authorized by the Captain of the
Port Duluth, or his designated on-scene representative.
(2) This safety zone is closed to all vessel traffic, except as may
be permitted by the Captain of the Port Duluth or his designated on-
scene representative.
(3) The ``designated on-scene representative'' of the Captain of
the Port is any Coast Guard commissioned, warrant or petty officer who
has been designated by the Captain of the Port to act on his behalf.
The on-scene representative of the Captain of the Port will be aboard
either a Coast Guard or Coast Guard Auxiliary vessel. The Captain of
the Port or his designated on-scene representative may be contacted by
calling Coast Guard Marine Safety Unit Duluth at (218) 720-5286.
(4) Vessel operators desiring to enter or operate within the safety
zone shall contact the Captain of the Port Duluth to obtain permission
to do so. Vessel operators given permission to enter or operate in the
safety zone shall comply with all directions given to them by the
Captain of the Port Duluth or his on-scene representative.
Dated: October 23, 2006.
G.T. Croot,
Commander, U.S. Coast Guard, Captain of the Port Duluth.
[FR Doc. E6-19105 Filed 11-9-06; 8:45 am]
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