Proposed Rule2024-10024
Safety Zone; 2024 Duluth Air Spectacular, Lake Superior, Duluth, MN
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
May 8, 2024
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is proposing to establish a temporary safety zone for certain waters of Lake Superior. This action is necessary to provide for the safety of life on these navigable waters near Canal Park in Duluth, MN during an air show on July 31, 2024. This proposed rulemaking would prohibit persons and vessels from being in the safety zone unless authorized by the Captain of the Port Marine Safety Unit Duluth or a designated representative. We invite your comments on this proposed rulemaking.
Full Text
<html>
<head>
<title>Federal Register, Volume 89 Issue 90 (Wednesday, May 8, 2024)</title>
</head>
<body><pre>
[Federal Register Volume 89, Number 90 (Wednesday, May 8, 2024)]
[Proposed Rules]
[Pages 38854-38857]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-10024]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2024-0222]
RIN 1625-AA00
Safety Zone; 2024 Duluth Air Spectacular, Lake Superior, Duluth,
MN
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is proposing to establish a temporary safety
zone for certain waters of Lake Superior. This action is necessary to
provide for the safety of life on these navigable waters near Canal
Park in Duluth, MN during an air show on July 31, 2024. This proposed
rulemaking would prohibit persons and vessels from being in the safety
zone unless authorized by the Captain of the Port Marine Safety Unit
Duluth or a designated representative. We invite your comments on this
proposed rulemaking.
DATES: Comments and related material must be received by the Coast
Guard on or before June 7, 2024.
ADDRESSES: You may submit comments identified by docket number USCG-
2024-0222 using the Federal Decision-Making Portal at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments. This notice of proposed rulemaking
with its plain-language, 100-word-or-less proposed rule summary will be
available in this same docket.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email Chief Petty Officer Kyle Weitzell,
Marine Safety Unit Duluth, Waterways Management Division, U.S. Coast
Guard; telephone 218-725-3825, email <a href="/cdn-cgi/l/email-protection#246f5d48410a730a73414d505e41484864515747430a494d48"><span class="__cf_email__" data-cfemail="084371646d265f265f6d617c726d6464487d7b6b6f26656164">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
[[Page 38855]]
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background, Purpose, and Legal Basis
On October 10, 2023, the Coast Guard was notified of an air show
that will take place over the waters of Lake Superior near Canal Park
in Duluth, MN from 3 p.m. to 6 p.m. on July 31, 2024. During this air
show, planes will be flying low over the water within the boundary of a
zone marked by buoys and small boat on scene. Hazards from this air
show include low flying aircraft and jet exhaust produced by the
engines and distraction to the pilots if general boating traffic were
to be present within this area. The Captain of the Port Marine Safety
Unit Duluth (COTP) has determined that potential hazards associated
with the air show at this location would be a safety concern for anyone
within an area defined by the following positions, beginning at N
46[deg]47'34.81'', W 092[deg]03'46.70'', then proceeding southwest to N
46[deg]46'52.73'', W 092[deg]05'05.47'', then proceeding southwest to N
46[deg]46'48.00'', W 092[deg]05'28.02'', the following the shoreline
northward to N 46[deg]48'1.98'', W 092[deg]04'16.02'', and then
returning to the starting point.
The purpose of this rulemaking is to ensure the safety of vessels
and the navigable waters within this area before, during, and after the
scheduled event. The Coast Guard is proposing this rulemaking under
authority in 46 U.S.C. 70034.
III. Discussion of Proposed Rule
The COTP is proposing to establish a safety zone from noon to 9
p.m. on July 31, 2024. The safety zone would cover all navigable waters
of Lake Superior within an area defined by the following positions,
beginning at N 46[deg]47'34.81'', W 092[deg]03'46.70'', then proceeding
southwest to N 46[deg]46'52.73'', W 092[deg]05'05.47'', then proceeding
southwest to N 46[deg]46'48.00'', W 092[deg]05'28.02'', the following
the shoreline northward to N 46[deg]48'1.98'', W 092[deg]04'16.02'',
and then returning to the starting point near Canal Park in Duluth, MN.
The duration of the zone is intended to ensure the safety of vessels
and these navigable waters before, during, and after the scheduled 3
p.m. to 6 p.m. air show. No vessel or person would be permitted to
enter the safety zone without obtaining permission from the COTP or a
designated representative. The regulatory text we are proposing appears
at the end of this document.
IV. Regulatory Analyses
We developed this proposed rule after considering numerous statutes
and Executive orders related to rulemaking. Below we summarize our
analyses based on a number of these statutes and Executive orders, and
we discuss First Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. This NPRM has not been designated a ``significant
regulatory action,'' under section 3(f) of Executive Order 12866, as
amended by Executive Order 14094 (Modernizing Regulatory Review).
Accordingly, the NPRM has not been reviewed by the Office of Management
and Budget (OMB).
This regulatory action determination is based on the short duration
and small size of the safety zone as well as the ability for most boats
to transit between the Duluth Shipping Canal and Lake Superior without
entering the zone.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. 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.
While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
IV.A above, this proposed rule would not have a significant economic
impact on any vessel owner or operator.
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 rule would economically affect it.
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. 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 call or email the person listed in the
FOR FURTHER INFORMATION CONTACT section. 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.
C. Collection of Information
This proposed rule would not call for a new collection of
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132
(Federalism), if it has a substantial direct effect on the States, on
the relationship between the National Government and the States, or on
the distribution of power and responsibilities among the various levels
of government. We have analyzed this proposed rule under that Order and
have determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, 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. If
you believe this proposed rule has implications for federalism or
Indian Tribes, please call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section.
E. 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 (adjusted for
inflation) or more in any one year. Though this proposed rule would not
result in such an expenditure, we do discuss the potential effects of
this proposed rule elsewhere in this preamble.
[[Page 38856]]
F. Environment
We have analyzed this proposed rule under Department of Homeland
Security Directive 023-01, Rev. 1, associated implementing
instructions, and Environmental Planning COMDTINST 5090.1 (series),
which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made
a preliminary determination that this action is one of a category of
actions that do not individually or cumulatively have a significant
effect on the human environment. This proposed rule involves a safety
zone lasting not more than 9 hours that would prohibit entry within an
area under the flight path of aircraft participating in an air show.
Normally such actions are categorically excluded from further review
under paragraph L60(a) of Appendix A, Table 1 of DHS Instruction Manual
023-01-001-01, Rev. 1. A preliminary Record of Environmental
Consideration supporting this determination is available in the docket.
For instructions on locating the docket, see the ADDRESSES section of
this preamble. We seek any comments or information that may lead to the
discovery of a significant environmental impact from this proposed
rule.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section to coordinate protest activities so
that your message can be received without jeopardizing the safety or
security of people, places, or vessels.
V. Public Participation and Request for Comments
We view public participation as essential to effective rulemaking
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
Submitting comments. We encourage you to submit comments through
the Federal Decision-Making Portal at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. To
do so, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, type USCG- 2024-0222 in the
search box and click ``Search.'' Next, look for this document in the
Search Results column, and click on it. Then click on the Comment
option. If you cannot submit your material by using <a href="https://www.regulations.gov">https://www.regulations.gov</a>, call or email the person in the FOR FURTHER
INFORMATION CONTACT section of this proposed rule for alternate
instructions.
Viewing material in docket. To view documents mentioned in this
proposed rule as being available in the docket, find the docket as
described in the previous paragraph, and then select ``Supporting &
Related Material'' in the Document Type column. Public comments will
also be placed in our online docket and can be viewed by following
instructions on the <a href="https://www.regulations.gov">https://www.regulations.gov</a> Frequently Asked
Questions web page. Also, if you click on the Dockets tab and then the
proposed rule, you should see a ``Subscribe'' option for email alerts.
The option will notify you when comments are posted, or a final rule is
published.
We review all comments received, but we will only post comments
that address the topic of the proposed rule. We may choose not to post
off-topic, inappropriate, or duplicate comments that we receive.
Personal information. We accept anonymous comments. Comments we
post to <a href="https://www.regulations.gov">https://www.regulations.gov</a> will include any personal
information you have provided. For more about privacy and submissions
to the docket in response to this document, see DHS's eRulemaking
System of Records notice (85 FR 14226, March 11, 2020).
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard is
proposing to amend 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: 46 U.S.C. 70034, 70051, 70124; 33 CFR 1.05-1, 6.04-1,
6.04-6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.3.
0
2. Add Sec. 165.T09-0222 to read as follows:
Sec. 165.T09-0222 Safety Zone; 2024 Duluth Air Spectacular, Lake
Superior, Duluth, MN.
(a) Location. The following area is a safety zone: All navigable
waters of Lake Superior within an area defined by the following
positions, beginning at N 46[deg]47'34.81'', W 092[deg]03'46.70'', then
proceeding southwest to N 46[deg]46'52.73'', W 092[deg]05'05.47'', then
proceeding southwest to N 46[deg]46'48.00'', W 092[deg]05'28.02'', the
following the shoreline northward to N 46[deg]48'1.98'', W
092[deg]04'16.02'', and then returning to the starting point near Canal
Park in Duluth, MN.
(b) Enforcement period. July 31, 2024, from noon to 9 p.m. The
specific time frame for waterway closure will be announce via Broadcast
Notice to Mariners.
(c) Definitions. The following definitions apply to this section:
(1) On-scene 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.
(d) Regulations. (1) In accordance with the general regulations in
Sec. 165.23, entry into, transiting, or anchoring within this safety
zone identified in paragraph (a) of this section is prohibited unless
authorized by the Captain of the Port Duluth or his designated on-scene
representative.
(2) The safety zone identified in paragraph (a) of this section 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) Vessel operators desiring to enter or operate within the safety
zone must contact the Captain of the Port Duluth or his on-scene
representative to obtain permission to do so. The Captain of the Port
Duluth or his on-scene representative may be contacted via VHF Channel
16. Vessel operators given permission to enter or operate in the safety
zone must comply with all directions given to them by the Captain of
the Port Duluth, or his on-scene representative.
(e) Exemption. Public vessels, as defined in paragraph (c) of this
section, are exempt from the requirements in this section.
(f) 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.
[[Page 38857]]
Dated: May 2, 2024.
Sean V. Murphy,
Lieutenant, U.S. Coast Guard, Acting Captain of the Port Marine Safety
Unit Duluth.
[FR Doc. 2024-10024 Filed 5-7-24; 8:45 am]
BILLING CODE 9110-04-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on May 8, 2024.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.