[Federal Register Volume 83, Number 55 (Wednesday, March 21, 2018)]
[Proposed Rules]
[Pages 12307-12311]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-05721]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2018-0198]
RIN 1625-AA00


Safety Zones; Recurring Safety Zones in Captain of the Port Sault 
Sainte Marie Zone

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to amend its recurring safety zones 
regulations in the Captain of the Port Sault Sainte Marie Zone. This 
proposed rule would update eighteen safety zone locations, dates, and 
sizes, add three safety zones, remove two established safety zones, and 
reformat the regulations into an easier to read table format. These 
proposed amendments will protect spectators, participants, and vessels 
from the hazards associated with annual marine events and firework 
shows, and improve the clarity and readability of the regulation. We 
invite your comments on this proposed rulemaking.

DATES: Comments and related material must be received by the Coast 
Guard on or before April 20, 2018.

ADDRESSES: You may submit comments identified by docket number USCG-
2018-0198 using the Federal eRulemaking Portal at http://www.regulations.gov. Type the docket number (USCG-2018-0198) in the 
``SEARCH'' box and click ``SEARCH.'' 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 on this rule, 
call or email Lieutenant Junior Grade Sean V. Murphy, Chief of 
Waterways Management, Coast Guard Sector Sault Sainte Marie, U.S. Coast 
Guard; telephone 906-635-3223, email [email protected].

SUPPLEMENTARY INFORMATION:

[[Page 12308]]

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port
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 April 18, 2011 the Coast Guard published an NPRM in the Federal 
Register (76 FR 21677) entitled ``Safety Zones; Annual Events Requiring 
Safety Zones in the Captain of the Port Sault Sainte Marie Zone.'' The 
NPRM proposed to establish 20 permanent safety zones for annually 
recurring events in the Captain of the Port Sault Sainte Marie Zone 
under Sec.  165.918. The NPRM was open for comment for 30 days.
    On June 2, 2011 the Coast Guard published the Final Rule in the 
Federal Register (76 FR 31839), after receiving no comments on the 
NPRM. Since that time there have been changes to the events that were 
listed in the Final Rule and additional annual events have been 
established. Through this proposed rule the Coast Guard seeks to update 
Sec.  165.918 to reflect the current status of recurring marine events 
in the Captain of the Port Sault Sainte Marie Zone.
    The legal basis for this proposed rulemaking is found at 33 U.S.C. 
1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; 
Department of Homeland Security Delegation No. 0170.1.

III. Discussion of Proposed Rule

    The Captain of the Port Sault Sainte Marie (COTP) has determined 
that an amendment to the recurring safety zones list as published in 33 
CFR 165.918 will be necessary to: update the location, date, and size 
of eighteen existing safety zones (Marquette Fourth of July Celebration 
Fireworks, Munising Fourth of July Celebration Fireworks, Sault Sainte 
Marie Fourth of July Celebration Fireworks, Mackinac Island Fourth of 
July Celebration Fireworks, Harbor Springs Fourth of July Celebration 
Fireworks, Bay Harbor Yacht Club Fourth of July Celebration Fireworks, 
Petoskey Fourth of July Celebration Fireworks, Boyne City Fourth of 
July Celebration Fireworks, Alpena Fourth of July Celebration 
Fireworks, Charlevoix Venetian Festival Friday Night Fireworks, 
Charlevoix Venetian Festival Saturday Night Fireworks, Elk Rapids 
Harbor Days Fireworks, Jordan Valley Freedom Festival Fireworks, Canada 
Day Celebration Fireworks, Festival of Fireworks Celebration Fireworks, 
Grand Marais Splash In, National Cherry Festival Airshow, and National 
Cherry Festival Finale Fireworks), establish three safety zones 
(Mackinaw Area Visitors Bureau Friday Night Fireworks, Nautical City 
Fireworks, and Traverse City Fourth of July Celebration Fireworks), 
remove National Cherry Festival Fourth of July Celebration Fireworks 
and St. Ignace Fourth of July Celebration Fireworks safety zones, and 
format the existing regulations into a table format. 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 events and to 
improve the overall clarity and readability of the rule. The regulatory 
text we are proposing appears at the end of this document.
    The amendments to this proposed rule are necessary to ensure the 
safety of vessels and people during annual events taking place on or 
near federally maintained waterways in the Captain of the Port Sault 
Sainte Marie Zone. Although this proposed rule will be in effect year-
round, the specific safety zones listed in Table 165.918 will only be 
enforced during a specified period of time.
    When a Notice of Enforcement for a particular safety zone is 
published, entry into, transiting through, or anchoring within the 
safety zone is prohibited unless authorized by the Captain of the Port 
Sault Sainte Marie, or his or her designated representative. The 
Captain of the Port Sault Sainte Marie or his or her designated 
representative may be contacted via VHF Channel 16 or telephone at 906-
635-3319. 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 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 NPRM has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, the NPRM 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 size, 
location, duration, and time-of-day for each safety zone. Vessel 
traffic will be able to safely transit around all safety zones which 
will impact small designated areas within the COTP zone for short 
durations of time. Moreover, the Coast Guard will issue Broadcast 
Notice to Mariners via VHF-FM marine channel 16 about the zone and the 
rule allows vessels to seek permission to enter 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 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 zones 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.
    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 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 rule or any policy or action of the 
Coast Guard.

[[Page 12309]]

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 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 rule has implications for federalism or Indian tribes, 
please contact 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 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 proposed rule under Department of Homeland 
Security Management Directive 023-01 and Commandant Instruction 
M16475.lD, 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 the update 
of eighteen safety zone locations, dates, and sizes, the addition of 
three safety zones, the removal of two safety zones, and the 
reformatting of regulations into an easier to read table format. 
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. 01. A preliminary Record of Environmental 
Consideration supporting this 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 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 
recommendation.
    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 
instructions.
    We accept anonymous comments. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and the 
docket, visit http://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 http://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 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard proposes 
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: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1, 
6.04-6, and 160.5; Department of Homeland Security Delegation No. 
0170.1.


0
2. Revise Sec.  165.918 to read as follows:


Sec.  165.918   Safety Zones; Recurring Safety Zones in Captain of the 
Port Sault Sainte Marie.

    (a) Regulations. The following regulations apply to the safety 
zones listed in Table 165.918 of this section:
    (1) In accordance with the general regulations in Sec.  
[thinsp]165.23 of this part, entry into, transiting, or anchoring 
within any of the safety zones listed in this section is prohibited 
unless authorized by the Captain of the Port Sault Sainte Marie, or a 
designated representative.
    (2) All persons and vessels must comply with the instructions of 
the Coast Guard Captain of the Port Sault Sainte Marie or a designated 
representative. 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) When a safety zone established by this section is being 
enforced, all vessels must obtain permission from the Captain of the 
Port Sault Sainte Marie or a designated representative to enter, move 
within, or exit that safety zone. Vessels and persons granted 
permission to enter the safety zone must obey all lawful orders or 
directions of the Captain of the Port Sault Sainte Marie or a 
designated representative. While within a safety zone, all vessels 
shall operate at the minimum speed necessary to maintain a safe course.
    (b) Suspension of Enforcement. If the event concludes earlier than 
scheduled, the Captain of the Port Sault Sainte Marie or a designated 
representative will issue a Broadcast Notice to Mariners notifying the 
public that enforcement of the respective safety zone is suspended.
    (c) Exemption. Public vessels, defined as any vessel owned or 
operated by the United States or by State or local

[[Page 12310]]

governments, operating in an official capacity are exempted from the 
requirements of this section.
    (d) Waiver. For any vessel, the Captain of the Port Sault Sainte 
Marie or a designated representative may, at his or her discretion, 
waive any of the requirements of this section, upon finding that 
circumstances are such that application of this section is unnecessary 
or impractical for the purposes of safety or environmental safety.
    (e) Contacting the Captain of the Port. While a safety zone listed 
in this section is enforced, the Captain of the Port Sault Sainte Marie 
or a designated representative may be contacted via VHF Channel 16 or 
telephone at (906) 635-3319. Vessel operators given permission to enter 
or operate in a safety zone must comply with all directions given to 
them by the Captain of the Port Sault Sainte Marie, or a designated 
representative.
    (f) Notice of Enforcement. The Coast Guard will provide advance 
notice of the enforcement including specific date, time, and size of 
the safety zone being enforced in Table 165.918, by issuing a Notice of 
Enforcement, as well as, a Broadcast Notice to Mariners.

                                                  Table 165.918
                                                [Datum NAD 1983]
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                 Event                                     Location                            Event date
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(1) Mackinaw Area Visitors Bureau        All U.S. navigable waters of the Straits of   Friday nights between
 Friday Night Fireworks; Mackinaw City,   Mackinac within an approximate 1000-foot      late May and early
 MI.                                      radius from the fireworks launch site         September.
                                          located in position 45[deg]46'35.48'' N,
                                          084[deg]43'16.20'' W.
(2) Jordan Valley Freedom Festival       All U.S. navigable waters of Lake             This event historically
 Fireworks; East Jordan, MI.              Charlevoix, near the City of East Jordan,     occurs in mid to late
                                          within the arc of a circle with an            June.
                                          approximate 1200-foot radius from the
                                          fireworks launch site in position
                                          45[deg]09'18'' N, 085[deg]07'48'' W.
(3) Grand Marais Splash In; Grand        All U.S. navigable waters within the          This event historically
 Marais, MI.                              southern portion of West Bay bound within     occurs mid to late June.
                                          the following coordinates:
                                          46[deg]40'22.08'' N, 085[deg]59'0.12'' W,
                                          46[deg]40'22.08'' N, 85[deg]58'22.08'' W,
                                          and 46[deg]40'14.64'' N, 85[deg]58'19.56''
                                          W, with the West Bay shoreline forming the
                                          South and West boundaries of the zone.
(4) Fireworks Over the Bay!; St.         All U.S. navigable waters of East Moran Bay   On or around July 4th and
 Ignace, MI.                              within an approximate 1000-foot radius from   Saturdays beginning late
                                          the fireworks launch site at the end of the   June to early September.
                                          Starline Mill Slip, centered in position:
                                          45[deg]52'24.62'' N, 084[deg]43'18.13'' W.
(5) National Cherry Festival Airshow     All U.S. navigable waters of the West Arm of  This event historically
 Safety Zone; Traverse City, MI.          Grand Traverse Bay within a box bounded by    occurs late June or
                                          the following coordinates: 44[deg]46'51.6''   early July.
                                          N, 085[deg]38'15.6'' W, 44[deg]46'23.4'' N,
                                          085[deg]38'22.8'' W, 44[deg]46'30.00'' N,
                                          085[deg]35'42.00'' W, and 44[deg]46'2.34''
                                          N, 085[deg]35'50.4'' W.
(6) National Cherry Festival Finale      All U.S. navigable waters of the West Arm of  This event historically
 Fireworks; Traverse City, MI.            Grand Traverse Bay within the arc of a        occurs late June or
                                          circle with an approximate 1200-foot radius   early July.
                                          from the fireworks launch site located on a
                                          barge in position 44[deg]46'12'' N,
                                          085[deg]37'06'' W.
(7) Canada Day Celebration Fireworks;    All U.S. navigable waters of the St. Marys    On or around July 1.
 Sault Sainte Marie, MI.                  River within an approximate 1400-foot
                                          radius from the fireworks launch site,
                                          centered approximately 160 yards north of
                                          the U.S. Army Corp of Engineers Soo Locks
                                          North East Pier, at position
                                          46[deg]30'20.40'' N, 084[deg]20'17.64'' W.
(8) Marquette Fourth of July             All U.S. navigable waters of Marquette        On or around July 4th.
 Celebration Fireworks; Marquette, MI.    Harbor within an approximate 1200-foot
                                          radius of the fireworks launch site,
                                          centered in position 46[deg]32'23.0'' N,
                                          087[deg]23'13.1'' W.
(9) Munising Fourth of July Celebration  All U.S. navigable waters of South Bay        On or around July 4th.
 Fireworks; Munising, MI.                 within an approximate 800-foot radius from
                                          the fireworks launch site at the end of the
                                          Munising City Dock, centered in position:
                                          46[deg]24'50.08'' N, 086[deg]39'08.52'' W.
(10) Sault Sainte Marie Fourth of July   All U.S. navigable waters of the St. Marys    On or around July 4th.
 Celebration Fireworks; Sault Sainte      River within an approximate 1000-foot
 Marie, MI.                               radius around the eastern portion of the
                                          U.S. Army Corp of Engineers Soo Locks North
                                          East Pier, centered in position:
                                          46[deg]30'19.66'' N, 084[deg]20'31.61'' W.
(11) Mackinac Island Fourth of July      All U.S. navigable waters of Lake Huron       On or around July 4th.
 Celebration Fireworks; Mackinac          within an approximate 750-foot radius of
 Island, MI.                              the fireworks launch site, centered
                                          approximately 1000 yards west of Round
                                          Island Passage Light, at position
                                          45[deg]50'34.92'' N, 084[deg]37'38.16'' W.
(12) Harbor Springs Fourth of July       All U.S. navigable waters of Lake Michigan    On or around July 4th.
 Celebration Fireworks; Harbor Springs,   and Harbor Springs Harbor within the arc of
 MI.                                      a circle with an approximate 1200-foot
                                          radius from the fireworks launch site
                                          located on a barge in position
                                          45[deg]25'30'' N, 084[deg]59'06'' W.
(13) Bay Harbor Yacht Club Fourth of     All U.S. navigable waters of Lake Michigan    On or around July 4th.
 July Celebration Fireworks; Petoskey,    and Bay Harbor Lake within the arc of a
 MI.                                      circle with an approximate 750-foot radius
                                          from the fireworks launch site located on a
                                          barge in position 45[deg]21'50'' N,
                                          085[deg]01'37'' W.
(14) Petoskey Fourth of July             All U.S. navigable waters of Lake Michigan    On or around July 4th.
 Celebration Fireworks; Petoskey, MI.     and Petoskey Harbor, in the vicinity of Bay
                                          Front Park, within the arc of a circle with
                                          an approximate 1200-foot radius from the
                                          fireworks launch site located in position
                                          45[deg]22'40'' N, 084[deg]57'30'' W.

[[Page 12311]]

 
(15) Boyne City Fourth of July           All U.S. navigable waters of Lake             On or around July 4th.
 Celebration Fireworks; Boyne City, MI.   Charlevoix, in the vicinity of Veterans
                                          Park, within the arc of a circle with an
                                          approximate 1400-foot radius from the
                                          fireworks launch site located in position
                                          45[deg]13'30'' N, 085[deg]01'40'' W.
(16) Alpena Fourth of July Celebration   All U.S. navigable waters of Lake Huron       On or around July 4th.
 Fireworks; Alpena, MI.                   within an approximate 1000-foot radius of
                                          the fireworks launch site located near the
                                          end of Mason Street, South of State Avenue,
                                          at position 45[deg]02'42'' N,
                                          083[deg]26'48'' W.
(17) Traverse City Fourth of July        All U.S. navigable waters of the West Arm of  On or around July 4th.
 Celebration Fireworks; Traverse City,    Grand Traverse Bay within the arc of a
 MI.                                      circle with an approximate 1200-foot radius
                                          from the fireworks launch site located on a
                                          barge in position 44[deg]46'12'' N,
                                          085[deg]37'06'' W.
(18) Charlevoix Venetian Festival        All U.S. navigable waters of Lake             This event historically
 Friday Night Fireworks; Charlevoix, MI.  Charlevoix, in the vicinity of Depot Beach,   occurs in late July.
                                          within the arc of a circle with an
                                          approximate 1200-foot radius from the
                                          fireworks launch site located on a barge in
                                          position 45[deg]19'08'' N, 085[deg]14'18''
                                          W.
(19) Charlevoix Venetian Saturday Night  All U.S. navigable waters of Round Lake       This event historically
 Fireworks; Charlevoix, MI.               within the arc of a circle with an            occurs in late July.
                                          approximate 500-foot radius from the
                                          fireworks launch site located on a barge in
                                          position 45[deg]19'03'' N, 085[deg]15'18''
                                          W.
(20) Elk Rapids Harbor Days Fireworks;   All U.S. navigable waters within the arc of   This event historically
 Elk Rapids, MI.                          a circle with an approximate 750-foot         occurs in early August.
                                          radius from the fireworks launch site
                                          located on a barge in position
                                          44[deg]54'6.95'' N, 85[deg]25'3.11'' W.
(21) Nautical City Fireworks; Rogers     All U.S. navigable waters within the arc of   Early August.
 City, MI.                                a circle with an approximate 750-foot
                                          radius from the fireworks launch site
                                          located near Harbor View Road in position
                                          45[deg]25'04.72'' N, 83[deg]47'51.21'' W.
----------------------------------------------------------------------------------------------------------------


    Dated: March 16, 2018.
M.R. Broz,
Captain, U.S. Coast Guard, Captain of the Port Sault Sainte Marie.
[FR Doc. 2018-05721 Filed 3-20-18; 8:45 am]
BILLING CODE 9110-04-P