[Federal Register Volume 86, Number 89 (Tuesday, May 11, 2021)]
[Proposed Rules]
[Pages 25830-25833]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-09731]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2021-0272]
RIN 1625-AA00


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

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is proposing to amend its recurring safety 
zone regulations in the Captain of the Port Sault Sainte Marie Zone. 
This proposed rule would update one safety zone location and dates. 
This proposed amendment action is necessary to provide for the safety 
of life associated with annual marine events and firework displays on 
these navigable waters near Mackinaw City, MI. This proposed rulemaking 
would prohibit persons and vessels from being in the safety zone unless 
authorized by the Captain of the Port Sault Sainte Marie 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 August 9, 2021.

ADDRESSES: You may submit comments identified by docket number USCG-
2021-0272 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 LT Deaven Palenzuela, Chief of 
Waterways Management, U.S. Coast Guard; telephone 906-635-3223, email 
[email protected].

SUPPLEMENTARY INFORMATION: 

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 March 21, 2018 the Coast Guard published an NPRM in the Federal 
Register (83 FR 12307) entitled ``Safety Zones; Recurring Safety Zones 
in Captain of the Port Sault Sainte Marie Zone.'' The NPRM proposed to 
amend 21 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 April 20, 2018 the Coast Guard published the Final Rule in the 
Federal Register (83 FR 12307), after receiving no comments on the 
NPRM. Since that time there have been changes to the events that were 
listed in the Final Rule. Through this proposed rule the Coast Guard 
seeks to update Sec.  165.918 to reflect the current status of a 
recurring marine event in the Captain of the Port Sault Sainte Marie 
Zone.
    The purpose of this rulemaking is to ensure the safety of vessels 
and the navigable waters within a 1000-yard radius of the fireworks 
barge before, during, and after the scheduled event. The Coast Guard is 
proposing this rulemaking under authority in 46 U.S.C. 70034 
(previously 33 U.S.C. 1231).

III. Discussion of Proposed Rule

    The COTP determines that an amendment to the recurring safety zones 
list as published in 33 CFR 165.918 is necessary to: Update the 
location and date of three existing safety zones: Mackinaw Area 
Visitors Bureau Friday Night Fireworks, Festivals of Fireworks 
Celebration Fireworks, and Mackinac Island Fourth of July Celebration 
Fireworks. 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 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 amendment to this proposed rule is 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.

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 Executive Order 12866. Accordingly, the NPRM 
has not been reviewed by the Office of Management and Budget (OMB).
    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 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 
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,

[[Page 25831]]

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 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 effects of this rule 
elsewhere in this preamble.

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 1.5 hours that would prohibit entry within 1000 yards of a 
fireworks barge. 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.
    We encourage you to submit comments through the Federal eRulemaking 
Portal at https://www.regulations.gov. If your material cannot be 
submitted using https://www.regulations.gov, call or email the person 
in the FOR FURTHER INFORMATION CONTACT section of this document for 
alternate instructions.
    We accept anonymous comments. Comments we post to https://www.regulations.gov will include any personal information you have 
provided. For more about privacy and submissions in response to this 
document, see DHS's eRulemaking System of Records notice (85 FR 14226, 
March 11, 2020).
    Documents mentioned in this NPRM as being available in the docket, 
and public comments, will be in our online docket at https://www.regulations.gov and can be viewed by following that website's 
instructions. 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. 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 record 
keeping 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: 46 U.S.C. 70034, 70051; 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.  165.23, 
entry into, transiting, or anchoring within any of the safety zones 
listed in this section is

[[Page 25832]]

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 shall 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 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 of this section, by 
issuing a Notice of Enforcement, as well as, a Broadcast Notice to 
Mariners.

                              Table 165.918
                            [Datum NAD 1983]
------------------------------------------------------------------------
             Event                     Location            Event date
------------------------------------------------------------------------
(1) Mackinaw Area Visitors      All U.S. navigable      On or around
 Bureau Friday Night             waters of the Straits   July 4 and
 Fireworks; Mackinaw City, MI.   of Mackinac within an   Friday nights
                                 approximate 1,000-      between late
                                 foot radius from the    May and late
                                 fireworks launch site   October.
                                 located in position
                                 45[deg]46'28'' N,
                                 084[deg]43'12'' W.
(2) Jordan Valley Freedom       All U.S. navigable      This event
 Festival Fireworks; East        waters of Lake          historically
 Jordan, MI.                     Charlevoix, near the    occurs in mid
                                 City of East Jordan,    to late June.
                                 within the arc of a
                                 circle with an
                                 approximate 1,200-
                                 foot radius from the
                                 fireworks launch site
                                 in position
                                 45[deg]09'18'' N,
                                 085[deg]07'48'' W.
(3) Grand Marais Splash In;     All U.S. navigable      This event
 Grand Marais, MI.               waters within the       historically
                                 southern portion of     occurs mid to
                                 West Bay bound within   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) Festivals of Fireworks      All U.S. navigable      On or around
 Celebration Fireworks; St.      waters of East Moran    July 4th and
 Ignace, MI.                     Bay within an           Saturday nights
                                 approximate 1,000-      beginning late
                                 foot radius from the    June to mid
                                 fireworks launch site   October.
                                 at the end of the
                                 Starline Mill Slip,
                                 centered in position:
                                 45[deg]52'24.62'' N,
                                 084[deg]43'18.13'' W.
(5) National Cherry Festival    All U.S. navigable      This event
 Airshow Safety Zone; Traverse   waters of the West      historically
 City, MI.                       Arm of Grand Traverse   occurs late
                                 Bay within a box        June or early
                                 bounded by the          July.
                                 following
                                 coordinates:
                                 44[deg]46'51.6'' 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    All U.S. navigable      This event
 Finale Fireworks; Traverse      waters of the West      historically
 City, MI.                       Arm of Grand Traverse   occurs late
                                 Bay within the arc of   June or early
                                 a circle with an        July.
                                 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.
(7) Canada Day Celebration      All U.S. navigable      On or around
 Fireworks; Sault Sainte         waters of the St.       July 1.
 Marie, MI.                      Marys River within an
                                 approximate 1,400-
                                 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      On or around
 Celebration Fireworks;          waters of Marquette     July 4th.
 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     All U.S. navigable      On or around
 Celebration Fireworks;          waters of South Bay     July 4th.
 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  All U.S. navigable      On or around
 of July Celebration             waters of the St.       July 4th.
 Fireworks; Sault Sainte         Marys River within an
 Marie, MI.                      approximate 1000-foot
                                 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.

[[Page 25833]]

 
(11) Mackinac Island Fourth of  All U.S. navigable      On or around
 July Celebration Fireworks;     waters of Lake Huron    July 4th.
 Mackinac Island, MI.            within an approximate
                                 750-foot radius of
                                 the fireworks launch
                                 site, centered
                                 approximately 1,000
                                 yards west of Round
                                 Island Passage Light,
                                 at position
                                 45[deg]50'30'' N,
                                 084[deg]36'30'' W.
(12) Harbor Springs Fourth of   All U.S. navigable      On or around
 July Celebration Fireworks;     waters of Lake          July 4th.
 Harbor Springs, MI.             Michigan and Harbor
                                 Springs Harbor within
                                 the arc of a circle
                                 with an approximate
                                 1,200-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      All U.S. navigable      On or around
 Fourth of July Celebration      waters of Lake          July 4th.
 Fireworks; Petoskey, MI.        Michigan and Bay
                                 Harbor Lake within
                                 the arc of a 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      On or around
 Celebration Fireworks;          waters of Lake          July 4th.
 Petoskey, MI.                   Michigan and Petoskey
                                 Harbor, in the
                                 vicinity of Bay Front
                                 Park, within the arc
                                 of a circle with an
                                 approximate 1,200-
                                 foot radius from the
                                 fireworks launch site
                                 located in position
                                 45[deg]22'40'' N,
                                 084[deg]57'30'' W.
(15) Boyne City Fourth of July  All U.S. navigable      On or around
 Celebration Fireworks; Boyne    waters of Lake          July 4th.
 City, MI.                       Charlevoix, in the
                                 vicinity of Veterans
                                 Park, within the arc
                                 of a circle with an
                                 approximate 1,400-
                                 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      All U.S. navigable      On or around
 Celebration Fireworks;          waters of Lake Huron    July 4th.
 Alpena, MI.                     within an approximate
                                 1,000-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    All U.S. navigable      On or around
 July Celebration Fireworks;     waters of the West      July 4th.
 Traverse City, MI.              Arm of Grand Traverse
                                 Bay within the arc of
                                 a circle with an
                                 approximate 1,200-
                                 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        All U.S. navigable      This event
 Festival Friday Night           waters of Lake          historically
 Fireworks; Charlevoix, MI.      Charlevoix, in the      occurs in late
                                 vicinity of Depot       July.
                                 Beach, within the arc
                                 of a circle with an
                                 approximate 1,200-
                                 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        All U.S. navigable      This event
 Saturday Night Fireworks;       waters of Round Lake    historically
 Charlevoix, MI.                 within the arc of a     occurs in late
                                 circle with an          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     All U.S. navigable      This event
 Fireworks; Elk Rapids, MI.      waters within the arc   historically
                                 of a circle with an     occurs in early
                                 approximate 750-foot    August.
                                 radius from the
                                 fireworks launch site
                                 located on a barge in
                                 position
                                 44[deg]54'6.95'' N,
                                 085[deg]25'3.11'' W.
(21) Nautical City Fireworks;   All U.S. navigable      Early August.
 Rogers City.                    waters within the arc
                                 of 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,
                                 083[deg]47'51.21'' W.
------------------------------------------------------------------------


    Dated: April 30, 2021.
A.R. Jones,
Captain, U.S. Coast Guard, Captain of the Port Sault Sainte Marie.
[FR Doc. 2021-09731 Filed 5-10-21; 8:45 am]
BILLING CODE 9110-04-P