Special Local Regulations; Festival of Sail Duluth 2019, Lake Superior, Duluth, MN

Federal Register, Volume 84 Issue 132 (Wednesday, July 10, 2019)
[Federal Register Volume 84, Number 132 (Wednesday, July 10, 2019)]
[Proposed Rules]
[Pages 32849-32851]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-14606]
Coast Guard
33 CFR Part 100
[Docket Number USCG-2019-0300]
RIN 1625-AA08
Special Local Regulations; Festival of Sail Duluth 2019, Lake
Superior, Duluth, MN
AGENCY: Coast Guard, DHS.
ACTION: Supplemental notice of proposed rulemaking.
SUMMARY: The Coast Guard is proposing to establish a temporary special
local regulation for a designated area of the Duluth Harbor entrance to
Superior Bay on Lake Superior during the Festival of Sail 2019 event in
Duluth, MN. This action is necessary to provide for the safety of life
on these navigable waters around the port of Duluth, MN during a sail
festival with tall ships beginning on August 11, 2019 and ending the
afternoon of August 13, 2019. This proposed rulemaking would prohibit
persons and vessels from being in the designated region unless
authorized by the Captain of the Port Duluth or a designated
representative. We invite the public to comment on this supplemental
notice of proposed rulemaking, specifically on the extended time of the
special local regulation.
DATES: Comments and related material must be received by the Coast
Guard on or before July 17, 2019.
ADDRESSES: You may submit comments identified by docket number USCG-
2019-0300 using the Federal eRulemaking Portal at https://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email Lieutenant Abbie Lyons, Waterways
Management, MSU Duluth, U.S. Coast Guard; telephone 218-725-3818, email
[email protected].
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code
II. Background, Purpose, and Legal Basis
    On December 11, 2018, Draw Events LLC notified the Coast Guard that
it will be conducting a Festival of Sail event in Duluth, MN from
August 11 through August 13, 2019. The Coast Guard published a Notice
of Proposed Rulemaking (NPRM) in the Federal Register on May 8, 2019. A
public comment period was held from May 8, 2019 to July 7, 2019 with no
comments received; however, concerns were raised by local law
enforcement and public safety of the initial proposed temporary special
local regulation only covering the parade of sail on August 11, 2019
from 7:00 a.m. to 1:00 p.m. Due to the influx of spectator vessel
traffic during this event, we are proposing to extend the special local
regulation to include the entire Festival of Sail, from August 11, 2019
at 7:00 a.m. to August 13, 2019 at 1:00 p.m. This special local
regulation will be enforced from 7:00 a.m. through 1:00 p.m. on August
11, 2019 during the Parade of Sail event. It will be enforced at other
times during the effective period as deemed necessary by the Captain of
the Port Duluth (COTP) or her on-scene representatives. Notice of
enforcement of the special local regulation will be provided by
Broadcast Notice to Mariners and by the COTP's on-scene
representatives. The purpose of this supplemental notice of proposed
rulemaking is to solicit comments on the extended effective time period
of the regulation.
    The legal basis for this proposed rule is the Coast Guard's
authority under 46 U.S.C. 70041; 33 CFR 1.05-1.
III. Discussion of Proposed Rule
    The COTP is proposing to establish a special local regulation from
7 a.m. on August 11, 2019 to 1 p.m. on August 13, 2019. The special
local regulation would cover designated navigable waters in the
vicinity of Duluth Harbor.
    The duration of the zone is intended to protect the safety of
vessels and these navigable waters before, during, and immediately
after the scheduled Festival of Sail. Only the designated sailing
vessels associated with the event are permitted within the zone while
it is being enforced. No other vessels or persons will be permitted to
enter the zone without obtaining permission from the COTP or a
designated representative. The COTP or a designated representative may
be contacted via VHF Channel 16 or by telephone at (218) 428-9357. The
regulatory text proposed 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. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This SNPRM has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, the SNPRM has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the availability
of the Superior Harbor entrance as an alternate entry into Superior
Bay, the short time frame of the special local regulation, and the
estimated number of spectator vessels around the Duluth Harbor entrance
for the event. We anticipate that it will have minimal impact on the
economy, will not interfere with other agencies, will not adversely
alter the budget of any grant or loan recipients, and will not raise
any novel legal or policy issues. The Coast Guard will issue a
Broadcast Notice to Mariners via VHF-FM marine Channel 16 about the
zone, and the rule would allow vessels to seek permission to enter the
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
[[Page 32850]]
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
    While some owners or operators of vessels intending to transit the
restricted area 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 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 rule would affect
your small business, organization, or governmental jurisdiction and you
have questions concerning its provisions or options for compliance,
please contact 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-
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
    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 contact the person listed in the FOR FURTHER
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 effects of this rule
elsewhere in this preamble.
F. Environment
    We have analyzed this proposed rule under Department of Homeland
Security Directive 023-01 and Commandant Instruction M16475.1D, 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 special local regulation
lasting 3 days that would prohibit entry within a designated area
around the Duluth Harbor entrance. Normally such actions are
categorically excluded from further review under paragraph L[61] of
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 01.
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 contact 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
    We encourage you to submit comments through the Federal eRulemaking
Portal at http://www.regulations.gov. If your material cannot be
submitted using http://www.regulations.gov, contact the person in the
FOR FURTHER INFORMATION CONTACT section of this document for alternate
    We accept anonymous comments. All comments received will be posted
without change to https://www.regulations.gov and will include any
personal information you have provided. For more about privacy and the
docket, visit https://www.regulations.gov/privacyNotice.
    Documents mentioned in this NPRM as being available in the docket,
and all public comments, will be in our online docket at https://www.regulations.gov and can be viewed by following that website's
instructions. Additionally, if you go to the online docket and sign up
for email alerts, you will be notified when comments are posted or a
final rule is published.
List of Subjects in 33 CFR Part 100
    For the reasons discussed in the preamble, the Coast Guard is
proposing to amend 33 CFR part 100 as follows:
1. The authority citation for part 100 continues to read as follows:
    Authority: 46 U.S.C. 70041; 33 CFR 1.05-1.
2. Add Sec.  100.T09-0300 to read as follows:
Sec.  100.T09-0300   Special Local Regulations; Festival of Sail Duluth
2019, Lake Superior, Duluth, MN.
    (a) Regulated Areas: This Area includes all waters of Lake Superior
and Duluth Harbor bounded by Rice's Point to the west and Duluth to the
north, within the following boundaries: Beginning at position
46[deg]46'48.36'' N, 092[deg]05'16.44'' W, across Duluth Harbor to
46[deg]47'02.76'' N, 092[deg]05'17.88'' W, turning north toward the
Duluth Lift
[[Page 32851]]
Bridge to 46[deg]47'19.32'' N, 092[deg]04'04.80'' W, to
46[deg]46'50.88'' N, 092[deg]05'17.88'' W, out the Duluth Harbor
Entrance at 46[deg]46'45.12'' N, 092[deg]05'35.16'' W, then northwest
to 46[deg]46'45.12'' N, 092[deg]05'39.84'' W, back to the north Duluth
Entrance Light at 46[deg]47'01.32'' N, 092[deg]05'51.00'' W, through
the canal at 46[deg]47'00.60'' N, 092[deg]05'52.08'' W, then along
Minnesota Point at 46[deg]46'51.60'' N, 092[deg]05'46.32'' W, entering
Minnesota Slip at 46[deg]46'39.00'' N, 092[deg]06'03.96'' W,
encompassing the slip from 46[deg]46'32.16'' N, 092[deg]05'38.76'' W to
46[deg]46'41.52'' N, 092[deg]05'36.24'' W and back out the slip at
46[deg]46'42.60'' N, 092[deg]05'34.44'' W and back to the starting
position of 46[deg]46'48.36'' N, 092[deg]05'16.44'' W.
    (b) Special Local Regulations. (1) In accordance with the general
regulations in Sec.  100.35 of this part, entry into, transiting, or
anchoring within the regulated areas is prohibited unless authorized by
the Captain of the Port (COTP) Duluth or on-scene representatives.
    (2) Vessels and persons receiving COTP Duluth or on-scene
representative authorization to enter the area of this special local
regulation must do so in accordance with the following restrictions:
    (i) Vessels and persons must transit at a speed not exceed six (6)
knots or at no wake speed, whichever is less. Vessels proceeding under
sail will not be allowed in this Area unless also propelled by
machinery, due to limited maneuvering ability around numerous other
spectator craft viewing the Festival of Sail; and
    (ii) Vessels and persons will not be permitted to impede the parade
of sail from 7:00 a.m. to 1 p.m. on August 11, 2019 once it has
commenced, as the tall ships are extremely limited in their ability to
    (3) The Coast Guard will provide notice of the regulated area prior
to the event through Local Notice to Mariners and Broadcast Notice to
Mariners. Notice of actual enforcement will be provided by on-scene
    (4) The ``on-scene representative'' of the COTP Duluth is any Coast
Guard commissioned, warrant, or petty officer and any Federal, State,
or local officer designated by the COTP to act on her behalf.
    (5) Vessel operators desiring to enter or operate within the
regulated area shall contact the COTP Duluth by telephone at (218) 428-
9357, or on-scene representative via VHF radio on Channel 16, to obtain
permission to do so. Vessel operators given permission to enter,
operate, transit through, anchor in, or remain within the regulated
areas must comply with all instructions given by COTP Duluth or on-
scene representatives.
    (c) Effective date. These regulations are effective Sunday, August
11, 2019 at 7:00 a.m. through August 13, 2019 at 1:00 p.m. These
regulations will be enforced from 7:00 a.m. through 1:00 p.m. on August
11, 2019 during the Parade of Sail, and actual notice of enforcement
during various periods of time will be conducted by the on-scene
representative throughout the event.
    Dated: July 3, 2019.
F.M. Smith,
Commander, U.S. Coast Guard, Captain of the Port Duluth.
[FR Doc. 2019-14606 Filed 7-9-19; 8:45 am]