9110-04-P
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: Temporary final rule.
SUMMARY: The Coast Guard is establishing a temporary safety zone for certain
waters of the 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 rule prohibits 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.
DATES: This rule is effective from 12 p.m. through 9 p.m. on July 31, 2024.
ADDRESSES: To view documents mentioned in this preamble as being available in the
docket, go to https://www.regulations.gov, type USCG-2024-0222 in the search box and
click "Search." Next, in the Document Type column, select “Supporting & Related
Material.”
FOR FURTHER INFORMATION CONTACT: If you have questions about this rule,
call or email Chief Petty Officer Kyle Weitzell, Marine Safety Unit Duluth, Waterways
Management Division, U.S. Coast Guard; telephone 218-725-3821, email
Kyle.W.Weitzell@uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations

CFR
DHS
FR
NPRM
§
U.S.C.

Code of Federal Regulations
Department of Homeland Security
Federal Register
Notice of proposed rulemaking
Section
United States Code

II. Background Information and Regulatory History
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. through 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 where 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 46o 47’ 34.81”, W 092o
03’ 46.70”, then proceeding southwest to N 46o 46’ 52.73”, W 092o 05’ 05.47”, then
proceeding southwest to N 46o 46’ 48.00”, W 092o 05’ 28.02”, the following the
shoreline northward to N 46o 48’ 1.98”, W 092o 04’ 16.02”, and then returning to the
starting point. In response, on May 7, 2024, the Coast Guard published a notice of
proposed rulemaking (NPRM) titled Safety Zone; 2024 Duluth Air Spectacular, Lake
Superior, Duluth, MN 89 FR 38854). There we stated why we issued the NPRM and
invited comments on our proposed regulatory action related to this fireworks display.
During the comment period that ended June 8, 2024, we received no comments.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C. 70034. The
COTP Marine Safety Unit Duluth 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 46o 47’ 34.81”, W 092o 03’ 46.70”, then

proceeding southwest to N 46o 46’ 52.73”, W 092o 05’ 05.47”, then proceeding
southwest to N 46o 46’ 48.00”, W 092o 05’ 28.02”, the following the shoreline northward
to N 46o 48’ 1.98”, W 092o 04’ 16.02”, and then returning to the starting point and is
establishing a safety zone for this area on July 31, 2024 from 12 p.m. through 9 p.m. The
purpose of this rule is to ensure safety of vessels and the navigable waters in the safety
zone before, during, and after the scheduled event.
IV. Discussion of Comments, Changes, and the Rule
As noted above, we received no comments on our NPRM published May 7, 2024.
There are no changes in the regulatory text of this rule from the proposed rule in the
NPRM.
This rule establishes a safety zone from 12 p.m. through 9 p.m. on July 31, 2023.
The safety zone will cover all navigable waters of Lake Superior near Canal Park in
Duluth, MN within an area defined by the following positions, beginning at N 46o 47’
34.81”, W 092o 03’ 46.70”, then proceeding southwest to N 46o 46’ 52.73”, W 092o 05’
05.47”, then proceeding southwest to N 46o 46’ 48.00”, W 092o 05’ 28.02”, the following
the shoreline northward to N 46o 48’ 1.98”, W 092o 04’ 16.02”, and then returning to the
starting point. The duration of the zone is intended to ensure the safety of vessels and
these navigable waters before, during, and after the scheduled air show to begin
sometime between 3 p.m. through 6 p.m., depending on weather conditions. No vessel or
person will be permitted to enter the safety zone without obtaining permission from the
COTP or a designated representative.
V. Regulatory Analyses
We developed this 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 rule 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, this rule has
not been reviewed by the Office of Management and Budget (OMB).
This regulatory action determination is based 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 received no comments from the Small Business Administration on this
rulemaking. 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.
While some owners or operators of vessels intending to transit the safety zone
may be small entities, for the reasons stated in section V.A above, this rule will not have
a significant economic impact on any vessel owner or operator.
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 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 call or
email the person listed in the FOR FURTHER INFORMATION CONTACT section.

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). The
Coast Guard will not retaliate against small entities that question or complain about this
rule or any policy or action of the Coast Guard.
C. Collection of Information
This rule will 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 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 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.
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 rule will not result in such an
expenditure, we do discuss the effects of this rule elsewhere in this preamble.
F. Environment
We have analyzed this 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 determined
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 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. It is 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 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.
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.
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 amends 33 CFR part

165 as follows:
PART 165 -- REGULATED NAVIGATION AREAS AND LIMITED ACCESS
AREAS
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.
2. Add § 165.T09-0222 to read as follows:
§ 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 46o 47’
34.81”, W 092o 03’ 46.70”, then proceeding southwest to N 46o 46’ 52.73”, W 092o 05’
05.47”, then proceeding southwest to N 46o 46’ 48.00”, W 092o 05’ 28.02”, the following
the shoreline northward to N 46o 48’ 1.98”, W 092o 04’ 16.02”, and then returning to the
starting point near Canal Park in Duluth, MN
(b) Enforcement period. July 31, 2024, from 12 p.m. through 9 p.m. The specific
time frame for waterway closure will be announced 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 § 165.23 of this
part, 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.

Dated: June 20, 2024.

John P. Botti,
Commander, U.S. Coast Guard,
Captain of the Port, Marine Safety Unit Duluth.
[FR Doc. 2024-13973 Filed: 6/26/2024 8:45 am; Publication Date: 6/27/2024]