Rule2022-11706
Safety Zone-Keeweenaw Waterway; Houghton, MI
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
June 1, 2022
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
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.
Full Text
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<title>Federal Register, Volume 87 Issue 105 (Wednesday, June 1, 2022)</title>
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[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>, 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 <a href="/cdn-cgi/l/email-protection#1155647d64657946465c51646272763f7c787d"><span class="__cf_email__" data-cfemail="a4e0d1c8d1d0ccf3f3e9e4d1d7c7c38ac9cdc8">[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 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]
BILLING CODE 9110-04-P
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</html>Indexed from Federal Register on June 1, 2022.
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