Safety Zone; Recurring Safety Zone in Captain of the Port Sault Sainte Marie Zone
| Published date | 11 May 2021 |
| Citation | 86 FR 25830 |
| Record Number | 2021-09731 |
| Section | Proposed rules |
| Court | Coast Guard |
Federal Register, Volume 86 Issue 89 (Tuesday, May 11, 2021)
[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]
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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.
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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 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]
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Event Location Event date
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(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.
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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
