83 FR 12307 - Safety Zones; Recurring Safety Zones in Captain of the Port Sault Sainte Marie Zone

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 83, Issue 55 (March 21, 2018)

Page Range		12307-12311
FR Document		2018-05721
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.
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  [www.thefederalregister.org]
[FR Doc No: 2018-05721]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[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.

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. 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.

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 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]]

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. 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.

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 will not 
result in such an expenditure, we do discuss the effects of this rule 
elsewhere in this preamble.

F. 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.

G. 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
1. 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
2. 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.  
[thinsp]165.23 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 45[deg]46'35.48'' N,
                                          084[deg]43'16.20'' 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
                                          45[deg]09'18'' N, 085[deg]07'48'' 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:
                                          46[deg]40'22.08'' N, 085[deg]59'0.12'' W,
                                          46[deg]40'22.08'' N, 85[deg]58'22.08'' W,
                                          and 46[deg]40'14.64'' N, 85[deg]58'19.56''
                                          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:
                                          45[deg]52'24.62'' N, 084[deg]43'18.13'' 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: 44[deg]46'51.6''   early July.
                                          N, 085[deg]38'15.6'' W, 44[deg]46'23.4'' N,
                                          085[deg]38'22.8'' W, 44[deg]46'30.00'' N,
                                          085[deg]35'42.00'' W, and 44[deg]46'2.34''
                                          N, 085[deg]35'50.4'' 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 44[deg]46'12'' N,
                                          085[deg]37'06'' 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
                                          46[deg]30'20.40'' N, 084[deg]20'17.64'' 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 46[deg]32'23.0'' N,
                                          087[deg]23'13.1'' 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:
                                          46[deg]24'50.08'' N, 086[deg]39'08.52'' 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:
                                          46[deg]30'19.66'' N, 084[deg]20'31.61'' 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
                                          45[deg]50'34.92'' N, 084[deg]37'38.16'' 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
                                          45[deg]25'30'' N, 084[deg]59'06'' 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 45[deg]21'50'' N,
                                          085[deg]01'37'' 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
                                          45[deg]22'40'' N, 084[deg]57'30'' 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
                                          45[deg]13'30'' N, 085[deg]01'40'' 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 45[deg]02'42'' N,
                                          083[deg]26'48'' 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 44[deg]46'12'' N,
                                          085[deg]37'06'' 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 45[deg]19'08'' N, 085[deg]14'18''
                                          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 45[deg]19'03'' N, 085[deg]15'18''
                                          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
                                          44[deg]54'6.95'' N, 85[deg]25'3.11'' 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
                                          45[deg]25'04.72'' N, 83[deg]47'51.21'' 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
12308 Federal Register / Vol. 83, No. 55 / Wednesday, March 21, 2018 / Proposed Rules

I. Table of Abbreviations Marais Splash In, National Cherry has not been reviewed by the Office of
CFR Code of Federal Regulations
Festival Airshow, and National Cherry Management and Budget (OMB), and
COTP Captain of the Port Festival Finale Fireworks), establish pursuant to OMB guidance it is exempt
DHS Department of Homeland Security three safety zones (Mackinaw Area from the requirements of Executive
FR Federal Register Visitors Bureau Friday Night Fireworks, Order 13771.
NPRM Notice of proposed rulemaking Nautical City Fireworks, and Traverse This regulatory action determination
§ Section City Fourth of July Celebration
U.S.C. United States Code is based on the size, location, duration,
Fireworks), remove National Cherry
and time-of-day for each safety zone.
II. Background, Purpose, and Legal Festival Fourth of July Celebration
Vessel traffic will be able to safely
Basis Fireworks and St. Ignace Fourth of July
transit around all safety zones which
Celebration Fireworks safety zones, and
On April 18, 2011 the Coast Guard format the existing regulations into a will impact small designated areas
published an NPRM in the Federal table format. The purpose of this rule is within the COTP zone for short
Register (76 FR 21677) entitled ‘‘Safety to ensure safety of vessels and the durations of time. Moreover, the Coast
Zones; Annual Events Requiring Safety navigable waters in the safety zone Guard will issue Broadcast Notice to
Zones in the Captain of the Port Sault before, during, and after the scheduled Mariners via VHF–FM marine channel
Sainte Marie Zone.’’ The NPRM events and to improve the overall clarity 16 about the zone and the rule allows
proposed to establish 20 permanent and readability of the rule. The vessels to seek permission to enter the
safety zones for annually recurring regulatory text we are proposing appears zone.
events in the Captain of the Port Sault at the end of this document. B. Impact on Small Entities
Sainte Marie Zone under § 165.918. The The amendments to this proposed
NPRM was open for comment for 30 rule are necessary to ensure the safety The Regulatory Flexibility Act of
days. of vessels and people during annual 1980, 5 U.S.C. 601–612, as amended,
On June 2, 2011 the Coast Guard events taking place on or near federally requires Federal agencies to consider
published the Final Rule in the Federal maintained waterways in the Captain of the potential impact of regulations on
Register (76 FR 31839), after receiving the Port Sault Sainte Marie Zone. small entities during rulemaking. The
no comments on the NPRM. Since that Although this proposed rule will be in term ‘‘small entities’’ comprises small
time there have been changes to the effect year-round, the specific safety businesses, not-for-profit organizations
events that were listed in the Final Rule zones listed in Table 165.918 will only that are independently owned and
and additional annual events have been be enforced during a specified period of operated and are not dominant in their
established. Through this proposed rule time. fields, and governmental jurisdictions
the Coast Guard seeks to update When a Notice of Enforcement for a with populations of less than 50,000.
§ 165.918 to reflect the current status of particular safety zone is published, The Coast Guard certifies under 5 U.S.C.
recurring marine events in the Captain entry into, transiting through, or 605(b) that this rule will not have a
of the Port Sault Sainte Marie Zone. anchoring within the safety zone is
The legal basis for this proposed significant economic impact on a
prohibited unless authorized by the substantial number of small entities.
rulemaking is found at 33 U.S.C. 1231; Captain of the Port Sault Sainte Marie,
50 U.S.C. 191; 33 CFR 1.05–1, 6.04–1, or his or her designated representative. While some owners or operators of
6.04–6, and 160.5; Department of The Captain of the Port Sault Sainte vessels intending to transit the safety
Homeland Security Delegation No. Marie or his or her designated zones may be small entities, for the
0170.1. representative may be contacted via reasons stated in section V.A above, this
VHF Channel 16 or telephone at 906– rule will not have a significant
III. Discussion of Proposed Rule economic impact on any vessel owner
635–3319. No vessel or person will be
The Captain of the Port Sault Sainte permitted to enter the safety zone or operator.
Marie (COTP) has determined that an without obtaining permission from the If you think that your business,
amendment to the recurring safety zones COTP or a designated representative. organization, or governmental
list as published in 33 CFR 165.918 will
V. Regulatory Analyses jurisdiction qualifies as a small entity
be necessary to: update the location,
and that this rule would have a
date, and size of eighteen existing safety We developed this proposed rule after significant economic impact on it,
zones (Marquette Fourth of July considering numerous statutes and please submit a comment (see
Celebration Fireworks, Munising Fourth Executive Orders related to rulemaking. ADDRESSES) explaining why you think it
of July Celebration Fireworks, Sault Below we summarize our analyses qualifies and how and to what degree
Sainte Marie Fourth of July Celebration based on a number of these statutes and this rule would economically affect it.
Fireworks, Mackinac Island Fourth of Executive orders, and we discuss First
July Celebration Fireworks, Harbor Amendment rights of protestors. Under section 213(a) of the Small
Springs Fourth of July Celebration Business Regulatory Enforcement
Fireworks, Bay Harbor Yacht Club A. Regulatory Planning and Review Fairness Act of 1996 (Pub. L. 104–121),
Fourth of July Celebration Fireworks, Executive Orders 12866 and 13563 we want to assist small entities in
Petoskey Fourth of July Celebration direct agencies to assess the costs and understanding this rule. If the rule
Fireworks, Boyne City Fourth of July benefits of available regulatory would affect your small business,
Celebration Fireworks, Alpena Fourth of alternatives and, if regulation is organization, or governmental
sradovich on DSK3GMQ082PROD with PROPOSALS

July Celebration Fireworks, Charlevoix necessary, to select regulatory jurisdiction and you have questions
Venetian Festival Friday Night approaches that maximize net benefits. concerning its provisions or options for
Fireworks, Charlevoix Venetian Festival Executive Order 13771 directs agencies compliance, please contact the person
Saturday Night Fireworks, Elk Rapids to control regulatory costs through a listed in the FOR FURTHER INFORMATION
Harbor Days Fireworks, Jordan Valley budgeting process. This NPRM has not CONTACT section. The Coast Guard will
Freedom Festival Fireworks, Canada been designated a ‘‘significant not retaliate against small entities that
Day Celebration Fireworks, Festival of regulatory action,’’ under Executive question or complain about this rule or
Fireworks Celebration Fireworks, Grand Order 12866. Accordingly, the NPRM any policy or action of the Coast Guard.

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12310 Federal Register / Vol. 83, No. 55 / Wednesday, March 21, 2018 / Proposed Rules

governments, operating in an official purposes of safety or environmental directions given to them by the Captain
capacity are exempted from the safety. of the Port Sault Sainte Marie, or a
requirements of this section. (e) Contacting the Captain of the Port. designated representative.
(d) Waiver. For any vessel, the While a safety zone listed in this section
(f) Notice of Enforcement. The Coast
Captain of the Port Sault Sainte Marie is enforced, the Captain of the Port Sault
or a designated representative may, at Sainte Marie or a designated Guard will provide advance notice of
his or her discretion, waive any of the representative may be contacted via the enforcement including specific date,
requirements of this section, upon VHF Channel 16 or telephone at (906) time, and size of the safety zone being
finding that circumstances are such that 635–3319. Vessel operators given enforced in Table 165.918, by issuing a
application of this section is permission to enter or operate in a Notice of Enforcement, as well as, a
unnecessary or impractical for the safety zone must comply with all 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 Mackinac within an approx- Friday nights between late May
Friday Night Fireworks; Macki- imate 1000-foot radius from the fireworks launch site located in po- and early September.
naw City, MI. sition 45°46′35.48″ N, 084°43′16.20″ W.
(2) Jordan Valley Freedom Festival All U.S. navigable waters of Lake Charlevoix, near the City of East This event historically occurs in
Fireworks; East Jordan, MI. Jordan, within the arc of a circle with an approximate 1200-foot ra- mid to late June.
dius from the fireworks launch site in position 45°09′18″ N,
085°07′48″ W.
(3) Grand Marais Splash In; Grand All U.S. navigable waters within the southern portion of West Bay This event historically occurs mid
Marais, MI. bound within the following coordinates: 46°40′22.08″ N, to late June.
085°59′0.12″ W, 46°40′22.08″ N, 85°58′22.08″ W, and
46°40′14.64″ N, 85°58′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 within an approximate On or around July 4th and Satur-
Ignace, MI. 1000-foot radius from the fireworks launch site at the end of the days beginning late June to
Starline Mill Slip, centered in position: 45°52′24.62″ N, early September.
084°43′18.13″ W.
(5) National Cherry Festival Air- All U.S. navigable waters of the West Arm of Grand Traverse Bay This event historically occurs late
show Safety Zone; Traverse City, within a box bounded by the following coordinates: 44°46′51.6″ N, June or early July.
MI. 085°38′15.6″ W, 44°46′23.4″ N, 085°38′22.8″ W, 44°46′30.00″ N,
085°35′42.00″ W, and 44°46′2.34″ N, 085°35′50.4″ W.
(6) National Cherry Festival Finale All U.S. navigable waters of the West Arm of Grand Traverse Bay This event historically occurs late
Fireworks; Traverse City, MI. within the arc of a circle with an approximate 1200-foot radius from June or early July.
the fireworks launch site located on a barge in position 44°46′12″
N, 085°37′06″ W.
(7) Canada Day Celebration Fire- All U.S. navigable waters of the St. Marys River within an approxi- On or around July 1.
works; Sault Sainte Marie, MI. mate 1400-foot radius from the fireworks launch site, centered ap-
proximately 160 yards north of the U.S. Army Corp of Engineers
Soo Locks North East Pier, at position 46°30′20.40″ N,
084°20′17.64″ W.
(8) Marquette Fourth of July Cele- All U.S. navigable waters of Marquette Harbor within an approximate On or around July 4th.
bration Fireworks; Marquette, MI. 1200-foot radius of the fireworks launch site, centered in position
46°32′23.0″ N, 087°23′13.1″ W.
(9) Munising Fourth of July Cele- All U.S. navigable waters of South Bay within an approximate 800- On or around July 4th.
bration Fireworks; Munising, MI. foot radius from the fireworks launch site at the end of the
Munising City Dock, centered in position: 46°24′50.08″ N,
086°39′08.52″ W.
(10) Sault Sainte Marie Fourth of All U.S. navigable waters of the St. Marys River within an approxi- On or around July 4th.
July Celebration Fireworks; Sault mate 1000-foot radius around the eastern portion of the U.S. Army
Sainte Marie, MI. Corp of Engineers Soo Locks North East Pier, centered in position:
46°30′19.66″ N, 084°20′31.61″ W.
(11) Mackinac Island Fourth of July All U.S. navigable waters of Lake Huron within an approximate 750- On or around July 4th.
Celebration Fireworks; Mackinac foot radius of the fireworks launch site, centered approximately
Island, MI. 1000 yards west of Round Island Passage Light, at position
45°50′34.92″ N, 084°37′38.16″ W.
(12) Harbor Springs Fourth of July All U.S. navigable waters of Lake Michigan and Harbor Springs Har- On or around July 4th.
Celebration Fireworks; Harbor bor within the arc of a circle with an approximate 1200-foot radius
Springs, MI. from the fireworks launch site located on a barge in position
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45°25′30″ N, 084°59′06″ W.
(13) Bay Harbor Yacht Club Fourth All U.S. navigable waters of Lake Michigan and Bay Harbor Lake On or around July 4th.
of July Celebration Fireworks; within the arc of a circle with an approximate 750-foot radius from
Petoskey, MI. the fireworks launch site located on a barge in position 45°21′50″
N, 085°01′37″ W.
(14) Petoskey Fourth of July Cele- All U.S. navigable waters of Lake Michigan and Petoskey Harbor, in On or around July 4th.
bration Fireworks; Petoskey, MI. the vicinity of Bay Front Park, within the arc of a circle with an ap-
proximate 1200-foot radius from the fireworks launch site located in
position 45°22′40″ N, 084°57′30″ W.

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Federal Register / Vol. 83, No. 55 / Wednesday, March 21, 2018 / Proposed Rules 12311

TABLE 165.918—Continued
[Datum NAD 1983]

Event Location Event date

(15) Boyne City Fourth of July All U.S. navigable waters of Lake Charlevoix, in the vicinity of Vet- On or around July 4th.
Celebration Fireworks; Boyne erans Park, within the arc of a circle with an approximate 1400-foot
City, MI. radius from the fireworks launch site located in position 45°13′30″
N, 085°01′40″ W.
(16) Alpena Fourth of July Celebra- All U.S. navigable waters of Lake Huron within an approximate 1000- On or around July 4th.
tion Fireworks; Alpena, MI. foot radius of the fireworks launch site located near the end of
Mason Street, South of State Avenue, at position 45°02′42″ N,
083°26′48″ W.
(17) Traverse City Fourth of July All U.S. navigable waters of the West Arm of Grand Traverse Bay On or around July 4th.
Celebration Fireworks; Traverse within the arc of a circle with an approximate 1200-foot radius from
City, MI. the fireworks launch site located on a barge in position 44°46′12″
N, 085°37′06″ W.
(18) Charlevoix Venetian Festival All U.S. navigable waters of Lake Charlevoix, in the vicinity of Depot This event historically occurs in
Friday Night Fireworks; Beach, within the arc of a circle with an approximate 1200-foot ra- late July.
Charlevoix, MI. dius from the fireworks launch site located on a barge in position
45°19′08″ N, 085°14′18″ W.
(19) Charlevoix Venetian Saturday All U.S. navigable waters of Round Lake within the arc of a circle This event historically occurs in
Night Fireworks; Charlevoix, MI. with an approximate 500-foot radius from the fireworks launch site late July.
located on a barge in position 45°19′03″ N, 085°15′18″ W.
(20) Elk Rapids Harbor Days Fire- All U.S. navigable waters within the arc of a circle with an approxi- This event historically occurs in
works; Elk Rapids, MI. mate 750-foot radius from the fireworks launch site located on a early August.
barge in position 44°54′6.95″ N, 85°25′3.11″ W.
(21) Nautical City Fireworks; Rog- All U.S. navigable waters within the arc of a circle with an approxi- Early August.
ers City, MI. mate 750-foot radius from the fireworks launch site located near
Harbor View Road in position 45°25′04.72″ N, 83°47′51.21″ W.

Dated: March 16, 2018. • Federal eRulemaking Portal: http:// division to contact is listed at the end
M.R. Broz, www.regulations.gov. Follow the online of each pesticide petition summary.
Captain, U.S. Coast Guard, Captain of the instructions for submitting comments. SUPPLEMENTARY INFORMATION:
Port Sault Sainte Marie. Do not submit electronically any
[FR Doc. 2018–05721 Filed 3–20–18; 8:45 am] information you consider to be I. General Information
BILLING CODE 9110–04–P Confidential Business Information (CBI) A. Does this action apply to me?
or other information whose disclosure is
restricted by statute. You may be potentially affected by
this action if you are an agricultural
ENVIRONMENTAL PROTECTION • Mail: OPP Docket, Environmental
producer, food manufacturer, or
AGENCY Protection Agency Docket Center (EPA/
pesticide manufacturer. The following
DC), (28221T), 1200 Pennsylvania Ave.,
list of North American Industrial
40 CFR Part 180 NW, Washington, DC 20460–0001.
Classification System (NAICS) codes is
• Hand Delivery: To make special
[EPA–HQ–OPP–2017–0006; FRL–9974–76] not intended to be exhaustive, but rather
arrangements for hand delivery or
provides a guide to help readers
Receipt of Several Pesticide Petitions delivery of boxed information, please
determine whether this document
Filed for Residues of Pesticide follow the instructions at http://
applies to them. Potentially affected
Chemicals in or on Various www.epa.gov/dockets/contacts.html.
entities may include:
Commodities Additional instructions on • Crop production (NAICS code 111).
commenting or visiting the docket, • Animal production (NAICS code
AGENCY: Environmental Protection along with more information about 112).
Agency (EPA). dockets generally, is available at http:// • Food manufacturing (NAICS code
ACTION: Notice of filing of petitions and www.epa.gov/dockets. 311).
request for comment. FOR FURTHER INFORMATION CONTACT: • Pesticide manufacturing (NAICS
Robert McNally, Biopesticides and code 32532).
SUMMARY: This document announces the Pollution Prevention Division (7511P), If you have any questions regarding
Agency’s receipt of several initial filings main telephone number: (703) 305– the applicability of this action to a
of pesticide petitions requesting the 7090, email address: BPPDFRNotices@ particular entity, consult the person
establishment or modification of epa.gov; or Michael Goodis, Registration listed under FOR FURTHER INFORMATION
regulations for residues of pesticide Division (7505P), main telephone CONTACT for the division listed at the
chemicals in or on various commodities. number: (703) 305–7090, email address: end of the pesticide petition summary of
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DATES: Comments must be received on RDFRNotices@epa.gov. The mailing interest.
or before April 20, 2018. address for each contact person is:
ADDRESSES: Submit your comments, Office of Pesticide Programs, B. What should I consider as I prepare
identified by docket identification (ID) Environmental Protection Agency, 1200 my comments for EPA?
number and the pesticide petition Pennsylvania Ave. NW, Washington, DC 1. Submitting CBI. Do not submit this
number (PP) of interest as shown in the 20460–0001. As part of the mailing information to EPA through
body of this document, by one of the address, include the contact person’s regulations.gov or email. Clearly mark
following methods: name, division, and mail code. The the part or all of the information that

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Document Created: 2018-03-21 00:45:34
Document Modified: 2018-03-21 00:45:34
Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Proposed Rules
Action		Notice of proposed rulemaking.
Dates		Comments and related material must be received by the Coast Guard on or before April 20, 2018.
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]
FR Citation		83 FR 12307
RIN Number		1625-AA00
CFR Associated		Harbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways
83 FR 12307 - Safety Zones; Recurring Safety Zones in Captain of the Port Sault Sainte Marie Zone

DEPARTMENT OF HOMELAND SECURITYCoast Guard

Federal Register Volume 83, Issue 55 (March 21, 2018)

DEPARTMENT OF HOMELAND SECURITY
Coast Guard
