Proposed Rule2026-10976
Safety Zones; Recurring Events in Captain of the Port Duluth Zone
Primary source
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Published
June 2, 2026
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 changes would allow for limited geographic flexibility in the location of recurring safety zones for certain annual marine events. This proposed rulemaking is intended to permit the Captain of the Port Marine Safety Unit Duluth to provide notification of enforcement of recurring safety zones in the vicinity of published coordinates, rather than requiring enforcement at a fixed point. The safety zones are needed to protect personnel, vessels, and the marine environment from potential hazards associated with these events. We invite your comments on this proposed rulemaking.
Full Text
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<title>Federal Register, Volume 91 Issue 105 (Tuesday, June 2, 2026)</title>
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[Federal Register Volume 91, Number 105 (Tuesday, June 2, 2026)]
[Proposed Rules]
[Pages 32911-32915]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-10976]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2026-0276]
RIN 1625-AA00
Safety Zones; Recurring Events in Captain of the Port Duluth Zone
AGENCY: Coast Guard, Department of Homeland Security.
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 changes would allow for limited geographic flexibility in the
location of recurring safety zones for certain annual marine events.
This proposed rulemaking is intended to permit the Captain of the Port
Marine Safety Unit Duluth to provide notification of enforcement of
recurring safety zones in the vicinity of published coordinates, rather
than requiring enforcement at a fixed point. The safety zones are
needed to protect personnel, vessels, and the marine environment from
potential hazards associated with these events. We invite your comments
on this proposed rulemaking.
DATES: Comments and related material must be received by the Coast
Guard on or before July 2, 2026.
ADDRESSES: To submit comments and view available documents, go to
<a href="https://www.regulations.gov">https://www.regulations.gov</a> and search for USCG-2026-0276.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rule, contact LT Zachary Fedak, Marine Safety Unit Duluth,
U.S. Coast Guard;
[[Page 32912]]
telephone 218-522-0708, email <a href="/cdn-cgi/l/email-protection#1b417a78737a6962355a355d7e7f7a705b6e68787c35767277"><span class="__cf_email__" data-cfemail="b6ecd7d5ded7c4cf98f798f0d3d2d7ddf6c3c5d5d198dbdfda">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
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 and Authority
Each year, the Coast Guard establishes recurring safety zones for
annual marine events in the Captain of the Port Duluth Zone to protect
participants, spectators, vessels, and the marine environment from
hazards such as accidental discharge of fireworks, dangerous
projectiles, and falling hot embers or other debris. Historically,
these safety zones have been defined by fixed geographic coordinates in
Table 1 to Sec. 165.943. However, event organizers sometimes need to
shift the location of an event slightly due to operational,
environmental, or logistical factors. The current regulation does not
allow for such flexibility, requiring a separate rulemaking for any
change in coordinates. Therefore, the COTP is proposing this rule under
the authority in 46 U.S.C. 70034, which is needed to allow for limited
geographic flexibility in the enforcement of safety zones for recurring
events, thereby improving efficiency and safety. The regulatory text we
are proposing appears at the end of this document.
III. Discussion of the Rule
This proposed rule would 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 and structure
the rule to accommodate geographic flexibility in subsequent
Notifications of Enforcement. These revisions are intended to improve
the clarity, consistency, and timeliness of public notification.
The general durations of the safety zones remain unchanged, and the
geographic locations have been minimally altered to note that they are
``approximate.'' 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 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 would be
permitted to enter the safety zone without obtaining permission from
the COTP or their designated representative. The regulatory text we are
proposing 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. Section 605 of the RFA allows an agency to certify a rule, in
lieu of preparing an analysis, if the rulemaking is not expected to
have a significant economic impact on a substantial number of small
entities. 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.
Vessel traffic is often able to safely transit around these
regulated areas. This regulation will only impact small areas for a few
hours each. The enforcement periods generally are during a time when
vessel traffic is normally low. In addition, the Coast Guard will issue
Broadcast Notice to Mariners via VHF FM marine channel 16, which will
allow small entities to adjust their transit plans, and the rule allows
vessels to request permission to enter a regulated area from the COTP.
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 proposed rule would economically affect it.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), if this proposed rule will
affect your small business, organization, or governmental jurisdiction
and you have questions, contact the person listed in the FOR FURTHER
INFORMATION CONTACT section. Small businesses may send comments to the
Small Business and Agriculture Regulatory Enforcement Ombudsman and the
Regional Small Business Regulatory Fairness Boards by calling 1-888-
REG-FAIR (1-888-734-3247).
B. Collection of Information
This proposed rule will 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
We have analyzed this proposed rule under Executive Order 13132,
Federalism, and have determined that it is consistent with the
fundamental federalism principles and preemption requirements described
in that Order.
Also, this proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does 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.
D. Unfunded Mandates Reform Act
As required by The Unfunded Mandates Reform Act of 1995 (2 U.S.C.
1531-1538), the Coast Guard certifies that this proposed rule will not
result in an annual expenditure of $100,000,000 or more (adjusted for
inflation) by a State, local, or tribal government, in the aggregate,
or by the private sector.
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
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 proposed rule involves safety zones. It is categorically
excluded from further review under paragraph L60(a) of Appendix A,
Table 1 of DHS Instruction Manual 023-01-001-01,
[[Page 32913]]
Rev. 1. A preliminary Record of Environmental Consideration supporting
this determination is available in the docket.
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 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-2026-0276 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 the docket. To view available documents, find
the docket as described in the previous paragraph, and then select
``Supporting & Related Material'' in the Document Type column. We will
post public comments in our online docket. Additional information is on
the <a href="https://www.regulations.gov">https://www.regulations.gov</a> Frequently Asked Questions web page.
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; DHS 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
these safety zones are 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 or her 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, times, and coordinates or location for
each of the safety zones listed in Table 1 are subject to limited
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, as well as the
listed coordinates or location for each of the listed safety zones are
subject to limited 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, as well as coordinates or
location if changed. A Broadcast Notice to Mariners will also be
issued.
Table 1 to Sec. 165.943
[Datum NAD 1983]
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Event Location \1\ Enforcement date and time
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(a) January Safety Zones
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[Reserved]........................
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(b) February Safety Zones
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[[Page 32914]]
[Reserved]........................
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(c) March Safety Zones
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[Reserved]........................
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(d) April Safety Zones
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[Reserved]........................
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(e) May Safety Zones
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[Reserved]........................
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(f) June Safety Zones
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(1) Bridgefest Regatta Fireworks All waters of the Keweenaw Waterway Mid-June.
Display. in Hancock, MI within the arc of a
circle with a radius of no more
than 1,120 feet from the launch
site at approximate position
47[deg]07'22'' N, 088[deg]35'28'' W.
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(g) July Safety Zones
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(1) Ashland 4th of July Fireworks All waters of Chequamegon Bay in On or around July 4th.
Display. Ashland, WI within the arc of a
circle with a radius of no more
than 1,120 feet from the launch
site at approximate position
46[deg]35'50'' N, 090[deg]52'59'' W.
(2) City of Bayfield 4th of July All waters of the Lake Superior On or around July 4th.
Fireworks Display. North 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 approximate
position 46[deg]48'40'' N,
090[deg]48'32'' W.
(3) Cornucopia 4th of July All waters of Siskiwit Bay in On or around July 4th.
Fireworks Display. Cornucopia, WI within the arc of a
circle with a radius of no more
than 1,120 feet from the launch
site at approximate position
46[deg]51'35'' N, 091[deg]06'15'' W.
(4) Duluth 4th Fest Fireworks All waters of the Duluth Harbor On or around July 4th.
Display. Basin, 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 approximate
position 46[deg]46'14'' N,
092[deg]06'16'' W.
(5) LaPointe 4th of July Fireworks All waters of Lake Superior in On or around July 4th.
Display. LaPointe, WI within the arc of a
circle with a radius of no more
than 1,120 feet from the launch
site at approximate position
46[deg]46'40'' N, 090[deg]47'22'' W.
(6) Two Harbors 4th of July All waters of Agate Bay in Two On or around July 4th.
Fireworks Display. Harbors, MN within the arc of a
circle with a radius of no more
than 1,120 feet from the launch
site at approximate position
47[deg]00'54'' N, 091[deg]40'04'' W.
(7) Superior 4th of July Fireworks All waters of Superior Bay in On or around July 4th.
Display. Superior, WI within the arc of a
circle with a radius of no more
than 1,120 feet from the launch
site at approximate position
46[deg]43'28''N, 092[deg]03'38'' W.
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(h) August Safety Zones
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(1) Point to LaPointe Swim........ All waters of the Lake Superior Early August.
North Channel between Bayfield and
LaPointe, WI within an imaginary
line created by the following
approximate 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 Late August.
Festival Fireworks Display. Superior, WI within the arc of a
circle with a radius of no more
than 1,120 feet from the launch
site at approximate position
46[deg]43'28'' N, 092[deg]03'47'' W.
(3) Superior Man Triathlon........ All waters of the Duluth Harbor Late August.
Basin, Northern Section in Duluth,
MN within an imaginary line created
by the following approximate
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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(i) September Safety Zones
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[Reserved]........................
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(j) October Safety Zones
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[Reserved]........................
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(k) November Safety Zones
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[Reserved]........................
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(l) December Safety Zones
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[Reserved]........................
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\1\ Any variation in location will be published in the Notification(s) of Enforcement released in advance of
these events.
John P. Botti,
Commander, U.S. Coast Guard, Captain of the Port Marine Safety Unit
Duluth.
[FR Doc. 2026-10976 Filed 6-1-26; 8:45 am]
BILLING CODE 9110-04-P
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