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

§ Section

U.S.C. United States Code

II. Background and Authority

The Coast Guard lists annually recurring marine events in the CFR. For USCG Sector Eastern Great Lakes, safety zones are listed in Table 1 to 33 CFR 165.939. Over the 2025 calendar year, the Coast Guard was notified of multiple marine events currently recorded in Table 1 to 33 CFR 165.939 that must be amended to keep that table current and accurate. The Captain of the Port Sector Eastern Great Lakes (COTP) also determined that some events currently listed in the regulation are obsolete.

The purpose of this rulemaking is to ensure the safety of vessels and the navigable waters before, during, and after each respective scheduled event. The Coast Guard is proposing this rulemaking under authority in 46 U.S.C. 70034.

III. Discussion of the Rule

The COTP is proposing to amend or remove established safety zone regulations found in Table 1 to 33 CFR 165.939. The safety zones would cover various navigable waters within boundaries defined below. The regulatory organization, text, event details, and precise coordinates for all proposed events appear at the end of this document.

Proposed changes to the safety zones listed in Table 1 to 33 CFR 165.939 are listed below. These events are listed by their current paragraph number in Table 1 to § 165.939, noting, if applicable, any proposed new paragraph number that would be triggered by the proposed changes. In general, where applicable, expanded safety zone sizes would be designed to enhance the safety of vessels and the navigable waters around the impacted event. We do not discuss minor technical changes such as the correction of typographical errors.

i. Event (f)(1), Festival of the Fish: update approximate location and expand the size of the safety zone from a 420-foot radius to a 500-foot radius.

ii. Event (f)(7), Blazing Paddles (new Event (g)(3)): adjust coordinate location, add information to more accurately describe event area, and move date from June (section (f)) to July (section (g)).

iii. Event (g)(3), Eastlake Willoughby Grand Prix: delete as obsolete.

iv. Event (g)(7), Lorain Independence Day: expand safety zone from a 700-foot radius to a 750-foot radius, and add the word “approximate” to description of launch site coordinates.

v. Event (g)(8), Conneaut Red, White, and Boom Over Lake Erie: modify event name to Conneaut Red, White, and Boomfest, change size of safety zone from a 570-foot radius to a 600-foot radius, adjust coordinates, and add the word “approximate” to launch location.

vi. Event (g)(9), Fairport Harbor Mardi Gras: increase safety zone size from a 275-foot radius to a 340-foot radius, and add the word “approximate” to describe launch site coordinates.

vii. Event (g)(12), Brogan Open Water Classic: modify event name to Brogan Open Water Swim.

viii. Event (g)(29), Wine and Walleye Festival Fireworks: remove “Fireworks” from name; change size and shape of safety zone, from a point with a 280-foot radius to barriers better representing the shape and utilization of the waterway to enhance the safety of the waterway during the event.

ix. Event (h)(1), Whiskey Island Paddlefest: Change coordinates of the safety zones and include a more descriptive location.

x. Event (h)(8), Tri CLE Rock Roll Run: adjust safety zone from a rectangle to a polygon that would more accurately encompass the existing race area, and thus, enhance the safety of the waterway during the event.

xi. Event (i)(1), Madison Light Up the Park (new Event (h)(9)): move date from September (section (i)) to August (section (h)), change time to “On or around the 2nd Saturday in August” from “On or around the 1st weekend in September”, adjust coordinate of launch site to an approximate position 41°50′18.35″ N 81°2′52.94″ W, and increase size of safety zone from a 210-foot radius to a 400-foot radius to ( printed page 31393) provide additional safety for possible wind conditions.

IV. Regulatory Analyses

We developed this rule after considering numerous statutes and Executive orders related to rulemaking. Below we summarize our analyses based on a number of these statutes and Executive orders.

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 will be able to safely transit around these regulated areas. This regulation will only impact small areas for a few hours per event. In general, the enforcement periods are during times when vessel traffic is normally low. In addition, the Coast Guard will issue a Broadcast Notice to Marines 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 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 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 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 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 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 et seq.), and have determined that this action is one of a category of actions that do not individually or cumulatively have a significant effect on the human environment.

This rule involves 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, 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 https://www.regulations.gov. To do so, go to https://www.regulations.gov, type USCG-2026-0150 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 https://www.regulations.gov, 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 https://www.regulations.gov Frequently Asked Questions web page.

Personal information. We accept anonymous comments. Comments we post to https://www.regulations.gov 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).

For the reasons discussed in the preamble, the Coast Guard proposes to amend 33 CFR part 165 as follows:

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.

2. In § 165.939, revise Table 1 to § 165.939 as follows: ( printed page 31394)

91 FR 31392