Proposed Rule2022-06488
Safety Zone; Recurring Safety Zone in Captain of the Port Sault Sainte Marie Zone
Primary source
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Published
March 29, 2022
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
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.
Full Text
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<title>Federal Register, Volume 87 Issue 60 (Tuesday, March 29, 2022)</title>
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[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>. 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 <a href="/cdn-cgi/l/email-protection#4d3e3e203d3f283b2823392422230d383e2e2a63202421"><span class="__cf_email__" data-cfemail="087b7b65787a6d7e6d667c616766487d7b6b6f26656164">[email protected]</span></a>.
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]]
<a href="https://www.regulations.gov">https://www.regulations.gov</a>. To do so, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>, 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a> 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a> 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
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