[Federal Register: June 23, 2006 (Volume 71, Number 121)]
[Rules and Regulations]
[Page 36012-36014]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23jn06-6]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[CGD09-06-031]
RIN 1625-AA00
Safety Zone; St. Louis River/Duluth/Interlake Tar Remediation
Site, Duluth, MN
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary 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 is prohibited
unless authorized by the Captain of the Port or his duly appointed
representative.
DATES: This rule is effective from 8 a.m. CST on May 31, 2006 until 8
p.m. CST on November 30, 2006.
ADDRESSES: Comments and material received from the public are part of
the docket [CGD09-06-031] 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: LT Scott Stoermer, U.S. Coast Guard
Marine Safety Unit Duluth, at (218) 720-5286.
Regulatory Information
We did not publish a notice of proposed rulemaking (NPRM) for this
regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a NPRM. The permit application was not
submitted in time to allow for publication of an NPRM followed by a
temporary final rule. 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
from the date of publication. Any delay of the effective date of this
rule would be contrary to the public interest by exposing the public to
the known dangers such as those associated with heavy equipment
operations and naphthalene exposure from disturbed sediments.
Background and Purpose
This safety zone is necessary 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.
Discussion of Rule
A temporary safety zone is necessary to ensure the safety of
boaters transiting this portion of the St. Louis River. The safety zone
will be in effect from 8:00 a.m. CST, May 31, 2006 until 8 p.m. CST,
November 31, 2006.
The safety zone will 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 [Datum NAD 83].
All persons and vessels shall 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 is
prohibited unless authorized by the Captain of the Port Duluth or his
designated on-scene representative. The Captain of the Port or his
designated on-scene 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 proposed 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 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.
[[Page 36013]]
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 (Public Law 104-121), we want to assist small
entities in understanding the rule so that they could 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 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
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 an 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 proposed 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 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 final ``Environmental Analysis Check List'' and a final
``Categorical Exclusion Determination'' will be available in the docket
where indicated under ADDRESSES.
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:
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, 160.5; Department
of Homeland Security Delegation No. 0170.1.
0
2. Add Sec. 165.T09-031 to read as follows:
Sec. 165.T09-031 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:
[[Page 36014]]
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) Effective period. This rule is effective from 8 a.m. CST on May
31, 2006 until 8 p.m. CST on November 30, 2006.
(c) 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 designated 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 designated on-scene representative.
Dated: May 25, 2006.
G.T. Croot,
Commander, U.S. Coast Guard, Captain of the Port Duluth.
[FR Doc. E6-9662 Filed 6-22-06; 8:45 am]
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