[Federal Register Volume 90, Number 225 (Tuesday, November 25, 2025)]
[Rules and Regulations]
[Pages 53218-53221]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-20935]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2025-0082]
RIN 1625-AA00
Safety Zones; Recurring Events in Captain of the Port Duluth Zone
AGENCY: Coast Guard, Department of Homeland Security.
ACTION: Final rule.
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SUMMARY: The Coast Guard is revising existing regulations for recurring
safety zones in the Captain of the Port Duluth Zone. These amendments
update the table of annually recurring marine events, add definitions,
and clarify how and when the COTP may enforce listed zones. These
changes will improve the timeliness and clarity of public notification,
enhance mariner situational awareness, and promote the safety of life
on the navigable waters of western Lake Superior during recurring near-
shore events.
DATES: This rule is effective December 26, 2025.
ADDRESSES: To view available documents go to https://www.regulations.gov and search for USCG-2025-0082.
FOR FURTHER INFORMATION CONTACT: If you have questions about this rule,
contact LT Zachary Fedak, Marine Safety Unit Duluth Waterways
Management Division, U.S. Coast Guard; telephone 218-522-0708, or email
[email protected].
SUPPLEMENTARY INFORMATION:
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 and Authority
Each year, communities throughout the western Lake Superior region
sponsor marine events that generate predictable concentrations of
spectator vessels in confined harbor and near-shore waters. These
activities pose recurring hazards, including the accidental discharge
of fireworks, falling embers or debris, and congestion of swimmers or
boaters. In such conditions, even routine vessel wakes or sudden wind
shifts can increase the risk of collisions and injuries.
To address these risks, the Coast Guard previously codified
annually recurring safety zones for these events in 33 CFR 165.943.
Under the current regulation, enforcement of each zone must be
individually noticed, which can result in fragmented or delayed
information reaching mariners. This fragmentation may lead to confusion
when multiple events occur in close proximity or on separate dates.
On September 9, 2025, the Coast Guard published a notice of
proposed rulemaking (NPRM) titled Safety Zones; Recurring Events in
Captain of the Port Duluth Zone (90 FR 43404). In that NPRM, we stated
why we issued the NPRM and invited comments on our proposed regulatory
action related to regulation revision.
Under the authority in 46 U.S.C. 70034, the COTP has determined
that this rule revision is necessary to improve clarity, consistency,
and public communication for the purposes of protecting personnel,
vessels, and the marine environment from potential hazards associated
with these recurring marine events. The revised rule defines key terms
to support uniform enforcement; clarifies procedures for
[[Page 53219]]
enforcement and early suspension of safety zones; updates the
regulation's structure and formatting; and frames the rule to allow
flexibility for consolidated Notifications of Enforcement when
operationally appropriate. These revisions will enhance the
predictability and timeliness of safety communications, thereby
improving mariner situational awareness and promoting the safety of
life on navigable waters.
III. Discussion of Comments and the Rule
During the comment period that ended on October 9, 2025, we
received no comments. Based on further internal review, we made minor
technical changes to Table 1 for clarity. There are no substantive
changes in the regulatory text of this rule from the proposed rule in
the NPRM.
This revision to the existing regulatory text and associated table
establishing annually recurring safety zones within the Captain of the
Port (COTP) Duluth Zone, as listed in 33 CFR 165.943, updates event
listings, clarifies enforcement procedures, adds relevant definitions,
and structures the rule in a way that may accommodate a single
Notification of Enforcement announcing multiple zones or event dates.
These revisions will improve the clarity, consistency, and timeliness
of public notification.
The geographic locations and general durations of the safety zones
remain unchanged. Each safety zone will continue to be enforced only
during specific periods, which will be announced in advance through
publication of a Notification of Enforcement in the Federal Register
and via Broadcast Notices to Mariners over VHF-FM marine channel 16.
These measures ensure continued protection of persons, vessels, and the
navigable waters of western Lake Superior during recurring safety zone
enforcement periods. During periods of enforcement, no vessel or person
may enter a designated safety zone without obtaining permission from
the COTP Duluth or their designated representative.
IV. 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.
A. Impact on Small Entities
The Regulatory Flexibility Act of 1980 (RFA), 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. Section 605 of the RFA allows an agency to certify a rule, in
lieu of preparing an analysis, if the rulemaking is not expected to
have a significant economic impact on a substantial number of small
entities.
The Coast Guard certifies that, although some small entities may
intend to transit the safety zone above, this rule will not have a
significant economic impact on a substantial number of small entities,
as mandated by the Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612
for the following reasons. Vessel traffic will be able to safely
transit around these safety zones, which are short in duration,
geographically limited, and often occur during off-peak periods when
vessel traffic is normally low. In addition, the Coast Guard will issue
a Broadcast Notice to Marines via VHF FM marine channel 16, which will
allow small entities to adjust their transit plans, and the rule allows
vessels to request permission to enter the zone from the COTP.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), if this rule will affect your
small business, organization, or governmental jurisdiction and you have
questions, contact the person listed in the FOR FURTHER INFORMATION
CONTACT section.
Small businesses may send comments to the Small Business and
Agriculture Regulatory Enforcement Ombudsman and the Regional Small
Business Regulatory Fairness Boards by calling 1-888-REG-FAIR (1-888-
734-3247).
B. 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).
C. Federalism and Indian Tribal Governments
We have analyzed this rule under Executive Order 13132, Federalism,
and have determined that it is consistent with the fundamental
federalism principles and preemption requirements described in that
Order.
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.
D. Unfunded Mandates Reform Act
As required by The Unfunded Mandates Reform Act of 1995 (2 U.S.C.
1531-1538), the Coast Guard certifies that this rule will not result in
an annual expenditure of $100,000,000 or more (adjusted for inflation)
by a State, local, or tribal government, in the aggregate, or by the
private sector.
E. 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 is a revision of an existing regulation establishing
recurring safety zones in the Captain of the Port Duluth Zone. 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.
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, 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. 01.4.
0
2. Revise Sec. 165.943 to read as follows:
Sec. 165.943 Safety Zones; Recurring Events in Captain of the Port
Duluth Zone.
(a) Regulations. (1) In accordance with the general regulations in
Sec. 165.23 of this part, entry into, transiting, or anchoring within
this safety zone is
[[Page 53220]]
prohibited unless authorized by the Captain of the Port (COTP) Duluth
or his or her designated on-scene representative.
(2) These safety zones are closed to all vessel traffic, except as
may be permitted by the COTP Duluth or his or her designated on-scene
representative.
(3) The ``on-scene representative'' of the COTP Duluth is any Coast
Guard commissioned, warrant or petty officer who has been designated by
the COTP Duluth to act on his behalf.
(4) Vessel operators desiring to enter or operate within the safety
zone must contact the COTP Duluth or his or her on-scene representative
to obtain permission to do so. The COTP Duluth or his or her 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 COTP Duluth, or his or her on-
scene representative.
(5) The enforcement dates and times for each of the safety zones
listed in Table 1 are subject to change, but the duration of
enforcement would remain the same or nearly the same as stated in Table
1. In the event of a change, the COTP Duluth will provide notice to the
public by publishing a Notification of Enforcement in the Federal
Register, as well as issuing a Broadcast Notice to Mariners.
(b) Definitions. As used in this section:
(1) Designated representative means any Coast Guard coxswain, petty
officer, or other officer operating a Coast Guard vessel and a Federal,
State, and local officer designated by or assisting the COTP Duluth in
the enforcement of each safety zone.
(2) Public vessel means a vessel that is owned, chartered, or
operated by the United States, or by a State or political subdivision
thereof.
(3) Rain date refers to an alternate date and/or time in which the
safety zone would be enforced in the event of inclement weather.
(c) Suspension of enforcement. The COTP Duluth may suspend
enforcement of any of these zones earlier than listed in this section.
Should the COTP Duluth suspend any of these zones earlier than the
listed duration in this section, he or she may make the public aware of
this suspension by Broadcast Notice to Mariners and/or on-scene notice
by his or her designated representative.
(d) Exemption. Public vessels, as defined in paragraph (b) of this
section, are exempt from the requirements in this section.
(e) Waiver. For any vessel, the COTP Duluth or his or her
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 safety or security.
(f) Notification. The enforcement dates and times for each of the
listed safety zones are subject to change. Advance notice to the local
maritime community will be made well in advance of the events through
Notification(s) of Enforcement in the Federal Register, listing exact
times and dates of the enforcement periods. A Broadcast Notice to
Mariners will also be issued.
Table 1 to Sec. 165.943
[Datum NAD 1983]
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Event Location Enforcement date and time
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(a) January Safety Zones
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[Reserved]........................
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(b) February Safety Zones
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[Reserved]........................
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(c) March Safety Zones
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[Reserved]........................
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(d) April Safety Zones
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[Reserved]........................
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(e) May Safety Zones
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[Reserved]........................
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(f) June Safety Zones
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(1) Bridgefest Regatta Fireworks All waters of the Keweenaw Waterway Mid-June.
Display. in Hancock, MI within the arc of a
circle with a radius of no more
than 1,120 feet from the launch
site at position 47[deg]07'22'' N,
088[deg]35'28'' W.
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(g) July Safety Zones
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(1) Ashland 4th of July Fireworks All waters of Chequamegon Bay in On or around July 4th.
Display. Ashland, WI within the arc of a
circle with a radius of no more
than 1,120 feet from the launch
site at position 46[deg]35'50'' N,
090[deg]52'59'' W.
(2) City of Bayfield 4th of July All waters of the Lake Superior On or around July 4th.
Fireworks Display. North Channel in Bayfield, WI
within the arc of a circle with a
radius of no more than 1,120 feet
from the launch site at position
46[deg]48'40'' N, 090[deg]48'32'' W.
(3) Cornucopia 4th of July All waters of Siskiwit Bay in On or around July 4th.
Fireworks Display. Cornucopia, WI within the arc of a
circle with a radius of no more
than 1,120 feet from the launch
site at position 46[deg]51'35'' N,
091[deg]06'15'' W.
[[Page 53221]]
(4) Duluth 4th Fest Fireworks All waters of the Duluth Harbor On or around July 4th.
Display. Basin, Northern Section in Duluth,
MN within the arc of a circle with
a radius of no more than 1,120 feet
from the launch site at position
46[deg]46'14'' N, 092[deg]06'16'' W.
(5) LaPointe 4th of July Fireworks All waters of Lake Superior in On or around July 4th.
Display. LaPointe, WI within the arc of a
circle with a radius of no more
than 1,120 feet from the launch
site at position 46[deg]46'40'' N,
090[deg]47'22'' W.
(6) Two Harbors 4th of July All waters of Agate Bay in Two On or around July 4th.
Fireworks Display. Harbors, MN within the arc of a
circle with a radius of no more
than 1,120 feet from the launch
site at position 47[deg]00'54'' N,
091[deg]40'04'' W.
(7) Superior 4th of July Fireworks All waters of Superior Bay in On or around July 4th.
Display. Superior, WI within the arc of a
circle with a radius of no more
than 1,120 feet from the launch
site at position 46[deg]43'28''N,
092[deg]03'38'' W.
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(h) August Safety Zones
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(1) Point to LaPointe Swim........ All waters of the Lake Superior Early August.
North Channel between Bayfield and
LaPointe, WI within an imaginary
line created by the following
coordinates: 46[deg]48'50'' N,
090[deg]48'44'' W, moving southeast
to 46[deg]46'44'' N,
090[deg]47'33'' W, then moving
northeast to 46[deg]46'52'' N,
090[deg]47'17'' W, then moving
northwest to 46[deg]49'03'' N,
090[deg]48'25'' W, and finally
returning to the starting position.
(2) Lake Superior Dragon Boat All waters of Superior Bay in Late August.
Festival Fireworks Display. Superior, WI within the arc of a
circle with a radius of no more
than 1,120 feet from the launch
site at position 46[deg]43'28'' N,
092[deg]03'47'' W.
(3) Superior Man Triathlon........ All waters of the Duluth Harbor Late August.
Basin, Northern Section in Duluth,
MN within an imaginary line created
by the following coordinates:
46[deg]46'36'' N, 092[deg]06'06''
W, moving southeast to
46[deg]46'32'' N, 092[deg]06'01''
W, then moving northeast to
46[deg]46'45'' N, 092[deg]05'45''
W, then moving northwest to
46[deg]46'49'' N, 092[deg]05'49''
W, and finally returning to the
starting position.
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(i) September Safety Zones
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[Reserved]........................
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(j) October Safety Zones
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[Reserved]........................
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(k) November Safety Zones
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[Reserved]........................
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(l) December Safety Zones
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[Reserved]........................
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Dated: November 19, 2025.
John P. Botti,
Commander, U.S. Coast Guard, Captain of the Port Marine Safety Unit
Duluth.
[FR Doc. 2025-20935 Filed 11-24-25; 8:45 am]
BILLING CODE 9110-04-P