[Federal Register: June 1, 2009 (Volume 74, Number 103)]
[Proposed Rules]
[Page 26138-26141]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01jn09-16]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Parts 100 and 165
[USCG-2009-0127]
RIN 1625-AA00
Safety Zones: Annual Events Requiring Safety Zones in the Captain
of the Port Duluth Zone
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes establishment of safety zones for
annual events in the Captain of the Port Duluth Zone. This rule
proposes removal of a safety zone currently located in part 100, and
the addition of it to part 165. Further, this rule proposes new safety
zones to be added to part 165. These safety zones are necessary to
protect spectators, participants, and vessels from the hazards
associated with fireworks displays.
DATES: Comments and related materials must reach the Coast Guard on or
before July 1, 2009.
ADDRESSES: You may submit comments identified by Coast Guard docket
number USCG-2009-0127 to the Docket Management Facility at the U.S.
Department of Transportation. To avoid duplication, please use only one
of the following methods:
(1) Online: http://www.regulations.gov.
(2) Mail: Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590-0001.
(3) Hand Delivery: Room W12-140 on the ground floor of the West
Building, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The
telephone number is 202-366-9329.
(4) Fax: 202-493-2251.
FOR FURTHER INFORMATION CONTACT: LT Aaron Gross, Chief of Port
Operations U.S. Coast Guard Sector Duluth; (218) 720-5286 Ext. 111.
[[Page 26139]]
I. Public Participation and Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted,
without change, to http://www.regulations.gov and will include any
personal information you have provided. We have an agreement with the
Department of Transportation (DOT) to use the Docket Management
Facility.
A. Submitting Comments
If you submit a comment, please include the docket number for this
rulemaking (USCG-2009-0127), indicate the specific section of this
document to which each comment applies, and give the reason for each
comment. We recommend that you include your name, mailing address, and
an e-mail address or other contact information in the body of your
document to ensure that you can be identified as the submitter. This
also allows us to contact you in the event further information is
needed or if there are questions. For example, if we cannot read your
submission due to technical difficulties and you cannot be contacted,
your submission may not be considered. You may submit your comments and
material by electronic means, mail, fax, or delivery to the Docket
Management Facility at the address under ADDRESSES, but please submit
your comments and material by only one means. If you submit them by
mail or delivery, submit them in an unbound format, no larger than 8\1/
2\ by 11 inches, suitable for copying and electronic filing. If you
submit them by mail and would like to know that they reached the
Facility, 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.
B. Viewing Comments and Documents
To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov at
any time, click on ``Search for Dockets,'' and enter the docket number
for this rulemaking (USCG-2009-0127) in the Docket ID box, and click
enter. You may also visit the Docket Management Facility in Room W12-
140 on the ground floor of the DOT West Building, 1200 New Jersey
Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
C. Privacy Act
Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008 issue of the
Federal Register (73 FR 3316).
SUPPLEMENTARY INFORMATION:
Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for a meeting by writing to Commanding Officer, Coast Guard
Marine Safety Unit 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
This rule proposes the removal of the ``Duluth Fourth Fest
Fireworks'' safety zone currently published in Sec. 100.901 and adding
it to proposed Sec. 165.945. The Coast Guard proposes this change in
an effort to consolidate all Captain of the Port Duluth Zone 4th of
July fireworks display safety zones. Additionally, in Sec. 165.945 we
propose adding safety zones for fireworks in support of the Cornucopia
Fireworks display, Cornucopia, Wisconsin; City of Bayfield Fireworks
display, Bayfield, Wisconsin; Madeline Island Fireworks display,
LaPointe, Wisconsin; and the Ashland Fireworks display, Ashland,
Wisconsin. These safety zones are necessary to protect vessels and
people from the hazards associated with fireworks displays. Such
hazards include obstructions to the waterway, the explosive danger of
fireworks and falling debris.
Discussion of Proposed Rule
The proposed rule is necessary to ensure the safety of vessels and
people during annual firework events in the Captain of the Port Duluth
area of responsibility that may pose a hazard to the public. This rule
proposes the removal of a regulation currently published in 33 CFR
100.901 under Sector Sault Ste. Marie, and the addition of it to
proposed Sec. 165.945. It also proposes the addition of four new
events never before published in the CFR. All of the events listed
occur in the Captain of the Port Duluth Zone.
The proposed safety zones will be enforced only immediately before,
during, and after the aforementioned events.
The Captain of the Port Duluth will notify the public that the
zones in this proposal will be enforced by all appropriate means to the
affected segments of the public including publication in the Federal
Register. Such means of notification may also include, but are not
limited to Broadcast Notice to Mariners or Local Notice to Mariners.
The Captain of the Port will issue a Broadcast Notice to Mariners
notifying the public when enforcement of the safety zone established by
this section is cancelled.
All persons and vessels shall comply with the instructions of the
Coast Guard Captain of the Port or the designated representative. Entry
into, transiting, or anchoring within the safety zone is prohibited
unless authorized by the Captain of the Port Duluth, or his designated
representative. The Captain of the Port or his designated
representative may be contacted via VHF Channel 16.
Regulatory Evaluation
This proposed 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.
We expect the economic impact of this proposed rule to be so
minimal that a full Regulatory Evaluation is unnecessary.
The Coast Guard's use of these safety zones will be periodic and of
short duration. These safety zones will only be enforced immediately
before, during, and after the time the events occur. The Coast Guard
expects insignificant adverse impact to mariners from the activation of
these safety zones.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this proposed 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 proposed
rule would not have a significant economic impact on a substantial
number of small entities.
This proposed rule would affect the following entities, some of
which might
[[Page 26140]]
be small entities: The owners of operators of vessels intending to
transit or anchor in the areas designated as safety zones in
subparagraphs (1) through (5) during the dates and times the safety
zones are being enforced.
These safety zones would not have a significant economic impact on
a substantial number of small entities for the following reasons: This
proposed rule would be in effect for short periods of time, and only
once per year, per zone. The safety zones have been designed to allow
traffic to pass safely around the zone whenever possible and vessels
will be allowed to pass through the zones with the permission of the
Captain of the Port.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this proposed 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 proposed 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 want to assist small
entities in understanding this proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking. If the
proposed rule would affect your small business, organization, or
governmental jurisdiction and you have questions concerning its
provisions or options for compliance, please contact LT Aaron Gross,
Chief of Port Operations, Coast Guard Marine Safety Unit Duluth,
Duluth, MN at (218) 720-5286 Ext 111. The Coast Guard will not
retaliate against small entities that question or complain about this
proposed 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 will not result in such
expenditure, we nevertheless discuss its effects elsewhere in this
preamble.
Taking of Private Property
This proposed rule will not effect the 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 proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This proposed 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
The Coast Guard recognizes the treaty rights of Native American
Tribes. Moreover, the Coast Guard is committed to working with Tribal
Governments to implement local policies and to mitigate tribal
concerns. We have determined that this rule and fishing rights
protection need not be incompatible. We have also determined that this
proposed 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. Nevertheless, Indian
Tribes that have questions concerning the provisions of this proposed
rule or options for compliance are encouraged to contact the point of
contact listed under FOR FURTHER INFORMATION CONTACT.
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 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 and Department of Homeland Security Management Directive 023-
01, which guide 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 this action is not likely to
have a significant effect on the human environment. An environmental
analysis checklist supporting this preliminary 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 proposed rule.
For the reasons discussed in the preamble, the Coast Guard proposes
to
[[Page 26141]]
amend 33 CFR parts 100 and 165 as follows:
List of Subjects
33 CFR Part 100
Regattas and Marine Parades.
33 CFR Part 165
Harbors, Marine Safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
1. The authority citation for part 100 continues to read as
follows:
Authority: 33 U.S.C. 1233.
Sec. 100.901 [Amended]
2. In Table 1 to Sec. 100.901 Table, under the entry for ``Sector
Saulte Ste. Marie, MI'' remove the following: ``Duluth Fourth Fest
Fireworks.
Sponsor: Office of the Mayor, Duluth, MN.
Date: 4th of July weekend.
Location: That portion of the Duluth Harbor Basin Northern Section
bounded on the south by a line drawn on a bearing of 087[deg] true from
the Cargill Pier through Duluth Basin Lighted Buoy 5 (LLNR
15905) to the opposite shore on the north by the Duluth Aerial Bridge.
That portion of Duluth Harbor Basin Northern Section within 600 yards
of position 46[deg]46'47'' N 092[deg]06'10'' W.''
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
3. The authority citation for Part 165 continues to read as
follows:
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701, 3306,
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5;
Pub. L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.
4. Add Sec. 165.945 to read as follows:
Sec. 165.945 Safety Zones; Annual Fireworks Events in the Captain of
the Port Duluth Zone.
(a) Safety Zones. The following areas are designated Safety zones.
(1) Duluth Fourth Fest, Duluth, MN. (i) Location. All waters of the
Duluth Harbor Basin Northern Section within 600 yards of position
46[deg]46'47'' N, 092[deg]06'10'' W.; at Duluth, MN. (DATUM: NAD 83).
(ii) Enforcement date. This section is enforced from 7 p.m. to 11
p.m. on July 4 of each year.
(2) Cornucopia Fireworks, Cornucopia, WI. (i) Location. All waters
of Lake Superior bounded by the arc of a circle within a 100-foot
radius from the Fireworks launch site with its center position:
46[deg]48'36'' N, 090[deg]48' 36'' W.; at Cornucopia, WI. (DATUM: NAD
83).
(ii) Enforcement date. This section is enforced from 9 p.m. to 11
p.m. on July 4 of each year.
(3) City of Bayfield Fireworks, Bayfield, WI. (i) Location. All
waters of Lake Superior bounded by the arc of a circle with a 100-foot
radius from the Fireworks launch site with its center in position:
46[deg]48' 36'' N, 090[deg]48' 36'' W.; Bayfield, WI. (DATUM: NAD 83).
(ii) Enforcement date. This paragraph is enforced from 9 p.m. to 11
p.m. on July 4 of each year.
(4) Madeline Island Fireworks, LaPointe, WI. (i) Location. All
waters of Lake Superior bounded by the arc of a circle with a 250-foot
radius from the fireworks launch site with its center in position:
46[deg]46'42'' N, 090[deg]47'18'' W.; at Lapointe, WI. (DATUM: NAD 83).
(ii) Enforcement date. This paragraph is enforced from 9:15 p.m. to
10:30 p.m. on July 4 of each year.
(5) Ashland Fireworks, Ashland, WI. (i) All waters of Lake
Superior, near Ashland, Wisconsin, bounded by the arc of a circle with
a 250-foot radius from the Fireworks launch site with its center in
position: 46[deg]46'42'' N, 090[deg]47'18'' W.; Ashland, WI. (DATUM:
NAD 83).
(ii) Enforcement date. This paragraph is enforced from 9 p.m. to 11
p.m. on July 4 of each year.
(b) Definitions. The following definitions apply to this section:
(1) Designated Representative means any Coast Guard commissioned,
warrant, or petty officer designated by the Captain of the Port Duluth
to monitor a safety zone, permit entry into the zone, give legally
enforceable orders to persons or vessels within the zones, and take
other actions authorized by the Captain of the Port.
(2) Public vessel means vessels owned, chartered, or operated by
the United States, or by a State or political subdivision thereof.
(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 representative.
(2)(i) These safety zones are closed to all vessel traffic, except
as may be permitted by the Captain of the Port, or his designated
representative.
(ii) All persons and vessels must comply with the instructions of
the Coast Guard Captain of the Port, or his designated representative.
(iii) Upon being hailed by the U.S. Coast Guard by siren, radio,
flashing light or other means, the operator of a vessel shall proceed
as directed.
(3)(i) All vessels must obtain permission from the Captain of the
Port, or his designated representative to enter, move within, or exit
the safety zone established in this section when this safety zone is
enforced.
(ii) Vessels and persons granted permission to enter the safety
zone must obey all lawful orders or directions of the Captain of the
Port or a designated representative.
(iii) While within a safety zone, all vessels must operate at the
minimum speed necessary to maintain a safe course.
(d) Exemption. Public vessels, as defined in paragraph (b) of this
section, are exempt from the requirements in this section.
(e) Waiver. For any vessel, the Captain of the Port Duluth, or his
designated representative may waive any of the requirements of this
section, upon finding that operational conditions or other
circumstances are such that application of this section is unnecessary
or impractical for the purposes of public or environmental safety.
(f) Notification. The Captain of the Port Duluth will notify the
public by all appropriate means that the zones in this proposal will be
enforced. Notification may include publication in the Federal Register,
Broadcast Notice to Mariners, or Local Notice to Mariners. The Captain
of the Port will issue a Broadcast Notice to Mariners notifying the
public when enforcement of the safety zone established by this section
is cancelled.
Dated: May 19, 2009.
M.P. Lebsack,
Commander, U.S. Coast Guard, Captain of the Port Duluth.
[FR Doc. E9-12603 Filed 5-29-09; 8:45 am]
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