[Federal Register Volume 87, Number 60 (Tuesday, March 29, 2022)]
[Proposed Rules]
[Pages 17961-17963]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-06488]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2022-0175]
RIN 1625-AA00


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

AGENCY: Coast Guard, Homeland Security (DHS).

ACTION: Notice of proposed rulemaking.

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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 two safety zone locations 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, and Mackinac Island, MI. 
This proposed rulemaking would prohibit persons and vessels from being 
in the safety zones 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 April 28, 2022.

ADDRESSES: You may submit comments identified by docket number USCG-
2022-0175 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 Deaven Palenzuela, Sector 
Sault Sainte Marie Waterways Management Division, 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 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 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 event 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-foot 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 Captain of the Port Sault Sainte Marie (COTP) determines that 
an amendment to the recurring safety zones list as published in 33 CFR 
165.918 is necessary to: Update two existing safety zone locations and 
duration of the events (Mackinaw Area Visitors Bureau Friday Night 
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.

[[Page 17962]]

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, 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.

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 three 
safety zones: The Mackinac City Tuesday and Friday Night Firworks will 
have one safety zone lasting 2.5 hours that would prohibit entry within 
1,000 feet of a fireworks barge and the Annual Mackinac Island 
Independence Day Fireworks will have two safety zones lasting 1 hour 
that would prohibit entry within 750 feet of the fireworks barges. 
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

[[Page 17963]]

https://www.regulations.gov. To do so, go to https://www.regulations.gov, type USCG-2022-0175 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 https://www.regulations.gov, 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 https://www.regulations.gov Frequently Asked 
Questions web page. 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 https://www.regulations.gov 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 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. 
00170.1, Revision No. 01.2.

0
2. Amend Sec.  165.918 by revising entries (1) and (11) of Table 
165.918 to read as follows:


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

* * * * *

                              Table 165.918
                            [Datum NAD 1983]
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             Event                     Location            Event date
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(1) Mackinaw Area Visitors      All U.S. navigable      On or around
 Bureau's Tuesday and Friday     waters of the Straits   July 4 and
 Night Fireworks; Mackinaw       of Mackinac within an   Tuesday and
 City, MI.                       approximate 1000-foot   Friday nights
                                 radius from the         between late
                                 fireworks launch site   May and late
                                 located in position     September.
                                 45[deg]46'28'' N,
                                 084[deg]43'12'' W.
 
                              * * * * * * *
(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 in
                                 position
                                 45[deg]50'35''N,
                                 084[deg]37'38'' W and
                                 45[deg]50'30'' N,
                                 084[deg]36'30'' W.
 
                              * * * * * * *
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    Dated: March 22, 2022.
A.R. Jones,
Captain, U.S. Coast Guard, Captain of the Port Sault Sainte Marie.
[FR Doc. 2022-06488 Filed 3-28-22; 8:45 am]
BILLING CODE 9110-04-P