Proposed Rule2025-17270
Safety Zones; Recurring Events in Captain of the Port Duluth Zone
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Published
September 9, 2025
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is proposing to revise existing regulations for recurring safety zones in the Captain of the Port Duluth Zone. The proposed amendments would update the table of annually recurring marine events, add definitions, and clarify how and when the COTP may enforce listed zones. These changes are intended to improve the timeliness and clarity of public notification, enhance mariner situational awareness, and promote the safety of life on the navigable waters of the western Great Lakes during recurring near-shore events. We invite your comments on this proposed rulemaking.
Full Text
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<title>Federal Register, Volume 90 Issue 172 (Tuesday, September 9, 2025)</title>
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[Federal Register Volume 90, Number 172 (Tuesday, September 9, 2025)]
[Proposed Rules]
[Pages 43404-43407]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-17270]
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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, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard is proposing to revise existing regulations
for recurring safety zones in the Captain of the Port Duluth Zone. The
proposed amendments would update the table of annually recurring marine
events, add definitions, and clarify how and when the COTP may enforce
listed zones. These changes are intended to improve the timeliness and
clarity of public notification, enhance mariner situational awareness,
and promote the safety of life on the navigable waters of the western
Great Lakes during recurring near-shore events. We invite your comments
on this proposed rulemaking.
DATES: Comments and related material must be received by the Coast
Guard on or before October 9, 2025.
ADDRESSES: You may submit comments identified by docket number USCG-
2025-0082 using the Federal Docket Management System 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. This notice of proposed rulemaking
with its plain-language, 100-word-or-less proposed rule summary will be
available in this same docket.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email LT Zachary Fedak, Marine Safety Unit
Duluth, U.S. Coast Guard; telephone 218-522-0708, email
<a href="/cdn-cgi/l/email-protection#1943787a71786b603758375f7c7d7872596c6a7a7e37747075"><span class="__cf_email__" data-cfemail="045e65676c65767d2a452a426160656f44717767632a696d68">[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
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.
Through this proposed rule, the Coast Guard seeks to revise Sec.
165.943 to improve clarity, consistency, and public communication.
Proposed changes include: defining key terms to support uniform
enforcement; clarifying procedures for enforcement and early suspension
of safety zones; updating the regulation's structure and formatting;
and framing the rule to allow flexibility for consolidated
Notifications of Enforcement when operationally appropriate. These
revisions are intended to enhance the predictability and timeliness of
safety communications, thereby improving mariner situational awareness
and promoting the safety of life on navigable waters. The Coast Guard
is proposing this rulemaking under authority in 46 U.S.C. 70034.
III. Discussion of Proposed Rule
The Coast Guard is proposing to revise 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. The proposed changes would update event listings, clarify
enforcement procedures, add relevant definitions, and structure the
rule in a way that may accommodate a single Notification of Enforcement
announcing multiple zones or event dates. These revisions are intended
to improve the clarity, consistency, and timeliness of public
notification.
The geographic locations and general durations of the safety zones
remain unchanged. Each safety zone would 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
[[Page 43405]]
VHF-FM marine channel 16. These measures ensure continued protection of
persons, vessels, and the navigable waters of the western Great Lakes
during recurring safety zone enforcement periods.
During periods of enforcement, no vessel or person may enter a
designated safety zone without obtaining prior authorization from the
COTP Duluth or their designated on-scene representative. The revised
regulatory text, which includes updated enforcement procedures, defined
terms, exemption and waiver provisions, and provisions for rain dates
and early suspension of enforcement, appears at the end of this
document.
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.
A. 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 for the following reasons. The
amendments primarily update event listings, clarify enforcement
procedures, and improve public notification without expanding the
zones' geographic scope or duration. Vessel traffic can safely transit
around these zones, which are short in duration, geographically
limited, and often occur during off-peak periods. The Coast Guard will
continue issuing Broadcast Notices to Mariners via VHF-FM marine
channel 16, and vessels may request permission to enter the zones.
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.
B. 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).
C. 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.
D. 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.
E. 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 revision
of an existing regulation establishing recurring safety zones in the
Captain of the Port Duluth Zone. 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.
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 Docket Management System at <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-2025-0082 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
[[Page 43406]]
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. Also, if you
click on the Dockets tab and then the proposed rule, you should see a
``Subscribe'' option for email alerts. The option will notify you when
comments are posted, or a final rule is published.
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 is
proposing 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, 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 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) June Safety Zones
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(1) Bridgefest Regatta Fireworks All waters of the Keweenaw Waterway in Mid-June.
Display. 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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(a) July Safety Zones
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(1) Ashland 4th of July All waters of Chequamegon Bay in Ashland, On or around July 4th.
Fireworks Display. 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 North On or around July 4th.
Fireworks Display. 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 Cornucopia, On or around July 4th.
Fireworks Display. 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 43407]]
(4) Duluth 4th Fest Fireworks All waters of the Duluth Harbor Basin, On or around July 4th.
Display. 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 All waters of Lake Superior in LaPointe, WI On or around July 4th.
Fireworks Display. 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 Harbors, MN On or around July 4th.
Fireworks Display. 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 All waters of Superior Bay in Superior, WI On or around July 4th.
Fireworks Display. 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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(a) August Safety Zones
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(1) Point to LaPointe Swim...... All waters of the Lake Superior North Early August.
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 Superior, WI Late August.
Festival Fireworks Display. 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 Basin, Late August.
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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Dated: August 27, 2025.
John P. Botti,
Commander, U.S. Coast Guard, Captain of the Port Marine Safety Unit
Duluth.
[FR Doc. 2025-17270 Filed 9-8-25; 8:45 am]
BILLING CODE 9110-04-P
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