[Federal Register Volume 87, Number 105 (Wednesday, June 1, 2022)]
[Rules and Regulations]
[Pages 33019-33020]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-11706]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2022-0375]
RIN 1625-AA00


Safety Zone--Keeweenaw Waterway; Houghton, MI

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for 
Bridgefest 2022 in the Keeweenaw Waterway located in Houghton, MI. This 
action is necessary to protect participants and spectators during the 
Bridgefest Boat Parade and Bridgefest Water Ski Show. During the 
enforcement period, entry into, transiting, or anchoring within the 
safety zone is prohibited unless authorized by the Captain of the Port 
Duluth or their designated on-scene representative.

DATES: This rule is effective from 2 p.m. through 10 p.m. on June 18th, 
2022.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2022-0375 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 
notice of enforcement, call or email LTJG Joseph R. McGinnis, telephone 
218-725-3818, 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 Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice 
and opportunity to comment pursuant to authority under section 4(a) of 
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking (NPRM) 
with respect to this rule because the event was made with short notice 
to USCG.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register. Delaying the effective date of 
this rule would be impracticable because immediate action is needed to 
respond to the potential safety hazards associated with a triggering 
event from the water ski show and boat parade.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 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. The 
Captain of the Port Duluth (COTP) has determined that potential hazards 
associated with this ski and boat parade event on June 18, 2022, will 
be a safety concern for anyone within the safety zone. This rule is 
needed to protect personnel, vessels, and the marine environment in the 
navigable waters within the safety zone while the event occurs.

IV. Discussion of the Rule

    This rule establishes a safety zone from 2 p.m. through 10 p.m. on 
June 18, 2022. All waters of the Keweenaw Waterway in Hancock, MI and 
Houghton, MI within the enforcement area that starts at 
47[deg]07'23.5'' N 88[deg]35'21.7'' W stretches east to 
47[deg]07'28.3'' N 88[deg]33'31.7'' W, goes south to 47[deg]07'23.1'' N 
88[deg]33'32.6'' W, then west 47[deg]07'16.8'' N 88[deg]35'18.4'' W and 
finally up north back to 47[deg]07'23.5'' N 88[deg]35'21.7'' W. 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 Executive Order 12866. Accordingly, this 
rule has not been reviewed by the Office of Management and Budget 
(OMB).
    This regulatory action determination is based on the fact that 
there is little commercial traffic on the Portage Canal and all 
commercial traffic has been in contact with the event coordinator 
stating they will not be getting underway that day. Coast Guard can be 
contacted VHF Channel 16 for any discrepencies or hazards found during 
the event.

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.

[[Page 33020]]

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 near 
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.

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. 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 only 8 hours that will prohibit entry of non-event 
vessels within the enforcement area that starts at 47[deg]07'23.5'' N 
88[deg]35'21.7'' W stretches east to 47[deg]07'28.3'' N 
88[deg]33'31.7'' W, goes south to 47[deg]07'23.1'' N 88[deg]33'32.6'' 
W, then west 47[deg]07'16.8'' N 88[deg]35'18.4'' W and finally up north 
back to 47[deg]07'23.5'' N 88[deg]35'21.7'' W. There is no fauna, 
flora, or ecosystem of concern that is in the vicinity of the display 
that will be catastrophically effected during a 30 minute firework 
show. It is categorically excluded from further review under paragraph 
L[60(a)] of Appendix A, Table 1 of DHS Instruction Manual 023-01-001-
01, Rev. 1.

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

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, 
Revision No. 01.2.


0
2. Add Sec.  165.T09-0375, to read as follows:


Sec.  165.T09-0375  Safety Zone; Keeweenaw Waterway, Houghton, MI.

    (a) Location. The following area is a safety zone: All waters of 
the Keweenaw Waterway in Hancock, MI and Houghton, MI within the 
enforcement area that starts at 47[deg]07'23.5'' N 88[deg]35'21.7'' W 
stretches east to 47[deg]07'28.3'' N 88[deg]33'31.7'' W, goes south to 
47[deg]07'23.1'' N 88[deg]33'32.6'' W, then west 47[deg]07'16.8'' N 
88[deg]35'18.4'' W and finally up north back to 47[deg]07'23.5'' N 
88[deg]35'21.7'' W. These coordinates are based on North American Datum 
83, NAD83.
    (b) Regulations. (1) Under the general safety zone regulations in 
subpart C of this part, you may not enter the safety zone described in 
paragraph (a) of this section unless authorized by the COTP or the 
COTP's designated representative.
    (2) To seek permission to enter, contact the COTP or the COTP's 
representative by calling Station Portage at 906-482-1520. Those in the 
safety zone must comply with all lawful orders or directions given to 
them by the COTP or the COTP's designated representative.
    (c) Enforcement period. This section will be enforced from 2 p.m. 
through 10 p.m. on June 18, 2022.

    Dated: May 17, 2022.
F.M. Smith,
Captain of the Port Duluth, CDR, U.S. Coast Guard.
[FR Doc. 2022-11706 Filed 5-31-22; 8:45 am]
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