Safety Zones; Recurring Safety Zones in Captain of the Port Sault Sainte Marie Zone
Federal Register, Volume 83 Issue 55 (Wednesday, March 21, 2018)
Federal Register Volume 83, Number 55 (Wednesday, March 21, 2018)
Proposed Rules
Pages 12307-12311
From the Federal Register Online via the Government Publishing Office www.gpo.gov
FR Doc No: 2018-05721
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
Docket Number USCG-2018-0198
RIN 1625-AA00
Safety Zones; Recurring Safety Zones in Captain of the Port Sault Sainte Marie Zone
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes to amend its recurring safety zones regulations in the Captain of the Port Sault Sainte Marie Zone. This proposed rule would update eighteen safety zone locations, dates, and sizes, add three safety zones, remove two established safety zones, and reformat the regulations into an easier to read table format. These proposed amendments will protect spectators, participants, and vessels from the hazards associated with annual marine events and firework shows, and improve the clarity and readability of the regulation. We invite your comments on this proposed rulemaking.
DATES: Comments and related material must be received by the Coast Guard on or before April 20, 2018.
ADDRESSES: You may submit comments identified by docket number USCG-
2018-0198 using the Federal eRulemaking Portal at http://www.regulations.gov. Type the docket number (USCG-2018-0198) in the ``SEARCH'' box and click ``SEARCH.'' 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 on this rule, call or email Lieutenant Junior Grade Sean V. Murphy, Chief of Waterways Management, Coast Guard Sector Sault Sainte Marie, U.S. Coast Guard; telephone 906-635-3223, email email protected.
SUPPLEMENTARY INFORMATION:
Page 12308
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, Purpose, and Legal Basis
On April 18, 2011 the Coast Guard published an NPRM in the Federal Register (76 FR 21677) entitled ``Safety Zones; Annual Events Requiring Safety Zones in the Captain of the Port Sault Sainte Marie Zone.'' The NPRM proposed to establish 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 June 2, 2011 the Coast Guard published the Final Rule in the Federal Register (76 FR 31839), after receiving no comments on the NPRM. Since that time there have been changes to the events that were listed in the Final Rule and additional annual events have been established. Through this proposed rule the Coast Guard seeks to update Sec. 165.918 to reflect the current status of recurring marine events in the Captain of the Port Sault Sainte Marie Zone.
The legal basis for this proposed rulemaking is found at 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Department of Homeland Security Delegation No. 0170.1.
III. Discussion of Proposed Rule
The Captain of the Port Sault Sainte Marie (COTP) has determined that an amendment to the recurring safety zones list as published in 33 CFR 165.918 will be necessary to: update the location, date, and size of eighteen existing safety zones (Marquette Fourth of July Celebration Fireworks, Munising Fourth of July Celebration Fireworks, Sault Sainte Marie Fourth of July Celebration Fireworks, Mackinac Island Fourth of July Celebration Fireworks, Harbor Springs Fourth of July Celebration Fireworks, Bay Harbor Yacht Club Fourth of July Celebration Fireworks, Petoskey Fourth of July Celebration Fireworks, Boyne City Fourth of July Celebration Fireworks, Alpena Fourth of July Celebration Fireworks, Charlevoix Venetian Festival Friday Night Fireworks, Charlevoix Venetian Festival Saturday Night Fireworks, Elk Rapids Harbor Days Fireworks, Jordan Valley Freedom Festival Fireworks, Canada Day Celebration Fireworks, Festival of Fireworks Celebration Fireworks, Grand Marais Splash In, National Cherry Festival Airshow, and National Cherry Festival Finale Fireworks), establish three safety zones (Mackinaw Area Visitors Bureau Friday Night Fireworks, Nautical City Fireworks, and Traverse City Fourth of July Celebration Fireworks), remove National Cherry Festival Fourth of July Celebration Fireworks and St. Ignace Fourth of July Celebration Fireworks safety zones, and format the existing regulations into a table format. 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 events 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 amendments to this proposed rule are 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.
V. 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.
-
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. Executive Order 13771 directs agencies to control regulatory costs through a budgeting process. 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), and pursuant to OMB guidance it is exempt from the requirements of Executive Order 13771.
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-FM marine channel 16 about the zone and the rule allows vessels to seek permission to enter the zone.
-
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 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 the safety zones 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.
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 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 contact 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 rule or any policy or action of the Coast Guard.
Page 12309
-
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).
-
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 rule has implications for federalism or Indian tribes, please contact the person listed in the FOR FURTHER INFORMATION CONTACT section.
-
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 will not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble.
-
Environment
We have analyzed this proposed rule under Department of Homeland Security Management Directive 023-01 and Commandant Instruction M16475.lD, 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 the update of eighteen safety zone locations, dates, and sizes, the addition of three safety zones, the removal of two safety zones, and the reformatting of regulations into an easier to read table format. 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. 01. A preliminary Record of Environmental Consideration supporting this determination is available in the docket where indicated under ADDRESSES. We seek any comments or information that may lead to the discovery of a significant environmental impact from this rule.
-
Protest Activities
The Coast Guard respects the First Amendment rights of protesters. Protesters are asked to contact 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 http://www.regulations.gov. If your material cannot be submitted using http://www.regulations.gov, contact the person in the FOR FURTHER INFORMATION CONTACT section of this document for alternate instructions.
We accept anonymous comments. All comments received will be posted without change to http://www.regulations.gov and will include any personal information you have provided. For more about privacy and the docket, visit http://www.regulations.gov/privacyNotice.
Documents mentioned in this NPRM as being available in the docket, and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that website's instructions. Additionally, 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 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
-
The authority citation for part 165 continues to read as follows:
Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Department of Homeland Security Delegation No. 0170.1.
0
-
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. thinsp165.23 of this part, entry into, transiting, or anchoring within any of the safety zones listed in this section is 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 must 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
Page 12310
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, 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 Bureau All U.S. navigable waters of the Straits of Friday nights between
Friday Night Fireworks; Mackinaw City, Mackinac within an approximate 1000-foot late May and early
MI. radius from the fireworks launch site September.
located in position 45deg46'35.48'' N,
084deg43'16.20'' W.
(2) Jordan Valley Freedom Festival All U.S. navigable waters of Lake This event historically
Fireworks; East Jordan, MI. Charlevoix, near the City of East Jordan, occurs in mid to late
within the arc of a circle with an June.
approximate 1200-foot radius from the
fireworks launch site in position
45deg09'18'' N, 085deg07'48'' W.
(3) Grand Marais Splash In; Grand All U.S. navigable waters within the This event historically
Marais, MI. southern portion of West Bay bound within occurs mid to late June.
the following coordinates:
46deg40'22.08'' N, 085deg59'0.12'' W,
46deg40'22.08'' N, 85deg58'22.08'' W,
and 46deg40'14.64'' N, 85deg58'19.56''
W, with the West Bay shoreline forming the
South and West boundaries of the zone.
(4) Fireworks Over the Bay!; St. All U.S. navigable waters of East Moran Bay On or around July 4th and
Ignace, MI. within an approximate 1000-foot radius from Saturdays beginning late
the fireworks launch site at the end of the June to early September.
Starline Mill Slip, centered in position:
45deg52'24.62'' N, 084deg43'18.13'' W.
(5) National Cherry Festival Airshow All U.S. navigable waters of the West Arm of This event historically
Safety Zone; Traverse City, MI. Grand Traverse Bay within a box bounded by occurs late June or
the following coordinates: 44deg46'51.6'' early July.
N, 085deg38'15.6'' W, 44deg46'23.4'' N,
085deg38'22.8'' W, 44deg46'30.00'' N,
085deg35'42.00'' W, and 44deg46'2.34''
N, 085deg35'50.4'' W.
(6) National Cherry Festival Finale All U.S. navigable waters of the West Arm of This event historically
Fireworks; Traverse City, MI. Grand Traverse Bay within the arc of a occurs late June or
circle with an approximate 1200-foot radius early July.
from the fireworks launch site located on a
barge in position 44deg46'12'' N,
085deg37'06'' W.
(7) Canada Day Celebration Fireworks; All U.S. navigable waters of the St. Marys On or around July 1.
Sault Sainte Marie, MI. River within an approximate 1400-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
46deg30'20.40'' N, 084deg20'17.64'' W.
(8) Marquette Fourth of July All U.S. navigable waters of Marquette On or around July 4th.
Celebration Fireworks; Marquette, MI. Harbor within an approximate 1200-foot
radius of the fireworks launch site,
centered in position 46deg32'23.0'' N,
087deg23'13.1'' W.
(9) Munising Fourth of July Celebration All U.S. navigable waters of South Bay On or around July 4th.
Fireworks; Munising, MI. within an approximate 800-foot radius from
the fireworks launch site at the end of the
Munising City Dock, centered in position:
46deg24'50.08'' N, 086deg39'08.52'' W.
(10) Sault Sainte Marie Fourth of July All U.S. navigable waters of the St. Marys On or around July 4th.
Celebration Fireworks; Sault Sainte River within an approximate 1000-foot
Marie, MI. radius around the eastern portion of the
U.S. Army Corp of Engineers Soo Locks North
East Pier, centered in position:
46deg30'19.66'' N, 084deg20'31.61'' W.
(11) Mackinac Island Fourth of July All U.S. navigable waters of Lake Huron On or around July 4th.
Celebration Fireworks; Mackinac within an approximate 750-foot radius of
Island, MI. the fireworks launch site, centered
approximately 1000 yards west of Round
Island Passage Light, at position
45deg50'34.92'' N, 084deg37'38.16'' W.
(12) Harbor Springs Fourth of July All U.S. navigable waters of Lake Michigan On or around July 4th.
Celebration Fireworks; Harbor Springs, and Harbor Springs Harbor within the arc of
MI. a circle with an approximate 1200-foot
radius from the fireworks launch site
located on a barge in position
45deg25'30'' N, 084deg59'06'' W.
(13) Bay Harbor Yacht Club Fourth of All U.S. navigable waters of Lake Michigan On or around July 4th.
July Celebration Fireworks; Petoskey, and Bay Harbor Lake within the arc of a
MI. circle with an approximate 750-foot radius
from the fireworks launch site located on a
barge in position 45deg21'50'' N,
085deg01'37'' W.
(14) Petoskey Fourth of July All U.S. navigable waters of Lake Michigan On or around July 4th.
Celebration Fireworks; Petoskey, MI. and Petoskey Harbor, in the vicinity of Bay
Front Park, within the arc of a circle with
an approximate 1200-foot radius from the
fireworks launch site located in position
45deg22'40'' N, 084deg57'30'' W.
Page 12311
(15) Boyne City Fourth of July All U.S. navigable waters of Lake On or around July 4th.
Celebration Fireworks; Boyne City, MI. Charlevoix, in the vicinity of Veterans
Park, within the arc of a circle with an
approximate 1400-foot radius from the
fireworks launch site located in position
45deg13'30'' N, 085deg01'40'' W.
(16) Alpena Fourth of July Celebration All U.S. navigable waters of Lake Huron On or around July 4th.
Fireworks; Alpena, MI. within an approximate 1000-foot radius of
the fireworks launch site located near the
end of Mason Street, South of State Avenue,
at position 45deg02'42'' N,
083deg26'48'' W.
(17) Traverse City Fourth of July All U.S. navigable waters of the West Arm of On or around July 4th.
Celebration Fireworks; Traverse City, Grand Traverse Bay within the arc of a
MI. circle with an approximate 1200-foot radius
from the fireworks launch site located on a
barge in position 44deg46'12'' N,
085deg37'06'' W.
(18) Charlevoix Venetian Festival All U.S. navigable waters of Lake This event historically
Friday Night Fireworks; Charlevoix, MI. Charlevoix, in the vicinity of Depot Beach, occurs in late July.
within the arc of a circle with an
approximate 1200-foot radius from the
fireworks launch site located on a barge in
position 45deg19'08'' N, 085deg14'18''
W.
(19) Charlevoix Venetian Saturday Night All U.S. navigable waters of Round Lake This event historically
Fireworks; Charlevoix, MI. within the arc of a circle with an occurs in late July.
approximate 500-foot radius from the
fireworks launch site located on a barge in
position 45deg19'03'' N, 085deg15'18''
W.
(20) Elk Rapids Harbor Days Fireworks; All U.S. navigable waters within the arc of This event historically
Elk Rapids, MI. a circle with an approximate 750-foot occurs in early August.
radius from the fireworks launch site
located on a barge in position
44deg54'6.95'' N, 85deg25'3.11'' W.
(21) Nautical City Fireworks; Rogers All U.S. navigable waters within the arc of Early August.
City, MI. a circle with an approximate 750-foot
radius from the fireworks launch site
located near Harbor View Road in position
45deg25'04.72'' N, 83deg47'51.21'' W.
----------------------------------------------------------------------------------------------------------------
Dated: March 16, 2018.
M.R. Broz,
Captain, U.S. Coast Guard, Captain of the Port Sault Sainte Marie.
FR Doc. 2018-05721 Filed 3-20-18; 8:45 am
BILLING CODE 9110-04-P
-
