Federal Register / Vol. 87, No. 105 / Wednesday, June 1, 2022 / Rules and Regulations 33019 

FOR FURTHER INFORMATION CONTACT: If 

you have questions about this notice of 

enforcement, call or email LT Joe 

McGinnis, telephone 218–725–3818, 

email DuluthWWM@uscg.mil. 

SUPPLEMENTARY INFORMATION: The Coast 

Guard will enforce the safety zone in 33 

CFR 165.943 on all waters of Superior 

Bay in Superior, WI bounded by the arc 

of a circle with a 1120-foot radius from 

the fireworks launch site with its center 

in position 46°43′28′′ N, 092°03′38′′ W 

from 10 p.m. through 10:30 p.m. on July 

4, 2022. This action is necessary to 

protect participants and spectators 

during the City of Superior 4th of July 

Fireworks. 

Entry into, transiting, or anchoring 

within the safety zone is prohibited 

unless authorized by the Captain of the 

Port Duluth or their designated on-scene 

representative. The Captain of the Port’s 

designated on-scene representative may 

be contacted via VHF Channel 16. 

This document is issued under 

authority of 33 CFR 165.943 and 5 

U.S.C. 552 (a). In addition to this 

publication in the Federal Register, the 

Coast Guard will provide the maritime 

community with advance notification of 

the enforcement of this safety zone via 

Broadcast Notice to Mariners. 

Dated: May 25, 2022. 

F.M. Smith, 

Captain of the Port Duluth, CDR, U.S. Coast 

Guard. 

[FR Doc. 2022–11713 Filed 5–31–22; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2022–0375] 

RIN 1625–AA00 

Safety Zone—Keeweenaw Waterway; 

Houghton, MI 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

Bridgefest 2022 in the Keeweenaw 

Waterway located in Houghton, MI. 

This action is necessary to protect 

participants and spectators during the 

Bridgefest Boat Parade and Bridgefest 

Water Ski Show. During the 

enforcement period, entry into, 

transiting, or anchoring within the 

safety zone is prohibited unless 

authorized by the Captain of the Port 

Duluth or their designated on-scene 

representative. 

DATES: This rule is effective from 2 p.m. 

through 10 p.m. on June 18th, 2022. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2022– 

0375 in the search box and click 

‘‘Search.’’ Next, in the Document Type 

column, select ‘‘Supporting & Related 

Material.’’ 

FOR FURTHER INFORMATION CONTACT: If 

you have questions about this notice of 

enforcement, call or email LTJG Joseph 

R. McGinnis, telephone 218–725–3818, 

email DuluthWWM@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

DHS Department of Homeland Security 

FR Federal Register 

NPRM Notice of proposed rulemaking 

§ Section 

U.S.C. United States Code 

II. Background Information and 

Regulatory History 

The Coast Guard is issuing this 

temporary rule without prior notice and 

opportunity to comment pursuant to 

authority under section 4(a) of the 

Administrative Procedure Act (APA) (5 

U.S.C. 553(b)). This provision 

authorizes an agency to issue a rule 

without prior notice and opportunity to 

comment when the agency for good 

cause finds that those procedures are 

‘‘impracticable, unnecessary, or contrary 

to the public interest.’’ Under 5 U.S.C. 

553(b)(B), the Coast Guard finds that 

good cause exists for not publishing a 

notice of proposed rulemaking (NPRM) 

with respect to this rule because the 

event was made with short notice to 

USCG. 

Under 5 U.S.C. 553(d)(3), the Coast 

Guard finds that good cause exists for 

making this rule effective less than 30 

days after publication in the Federal 

Register. Delaying the effective date of 

this rule would be impracticable 

because immediate action is needed to 

respond to the potential safety hazards 

associated with a triggering event from 

the water ski show and boat parade. 

III. Legal Authority and Need for Rule 

The Coast Guard is issuing this rule 

under authority in 46 U.S.C. 70034, 

70051; 33 CFR 1.05–1, 6.04–1, 6.04–6, 

and 160.5; Department of Homeland 

Security Delegation No. 00170.1, 

Revision No. 01.2. The Captain of the 

Port Duluth (COTP) has determined that 

potential hazards associated with this 

ski and boat parade event on June 18, 

2022, will be a safety concern for 

anyone within the safety zone. This rule 

is needed to protect personnel, vessels, 

and the marine environment in the 

navigable waters within the safety zone 

while the event occurs. 

IV. Discussion of the Rule 

This rule establishes a safety zone 

from 2 p.m. through 10 p.m. on June 18, 

2022. All waters of the Keweenaw 

Waterway in Hancock, MI and 

Houghton, MI within the enforcement 

area that starts at 47°07′23.5′′ N 

88°35′21.7′′ W stretches east to 

47°07′28.3′′ N 88°33′31.7′′ W, goes south 

to 47°07′23.1′′ N 88°33′32.6′′ W, then 

west 47°07′16.8′′ N 88°35′18.4′′ W and 

finally up north back to 47°07′23.5′′ N 

88°35′21.7′′ W. No vessel or person will 

be permitted to enter the safety zone 

without obtaining permission from the 

COTP or a designated representative. 

V. Regulatory Analyses 

We developed this rule after 

considering numerous statutes and 

Executive orders related to rulemaking. 

Below we summarize our analyses 

based on a number of these statutes and 

Executive orders, and we discuss First 

Amendment rights of protestors. 

A. Regulatory Planning and Review 

Executive Orders 12866 and 13563 

direct agencies to assess the costs and 

benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits. 

This rule has not been designated a 

‘‘significant regulatory action,’’ under 

Executive Order 12866. Accordingly, 

this rule has not been reviewed by the 

Office of Management and Budget 

(OMB). 

This regulatory action determination 

is based on the fact that there is little 

commercial traffic on the Portage Canal 

and all commercial traffic has been in 

contact with the event coordinator 

stating they will not be getting 

underway that day. Coast Guard can be 

contacted VHF Channel 16 for any 

discrepencies or hazards found during 

the event. 

B. Impact on Small Entities 

The Regulatory Flexibility Act of 

1980, 5 U.S.C. 601–612, as amended, 

requires Federal agencies to consider 

the potential impact of regulations on 

small entities during rulemaking. The 

term ‘‘small entities’’ comprises small 

businesses, not-for-profit organizations 

that are independently owned and 

operated and are not dominant in their 

fields, and governmental jurisdictions 

with populations of less than 50,000. 


jspears on DSK121TN23PROD with RULES1
33020 Federal Register / Vol. 87, No. 105 / Wednesday, June 1, 2022 / Rules and Regulations 

The Coast Guard certifies under 5 U.S.C. 

605(b) that this rule will not have a 

significant economic impact on a 

substantial number of small entities. 

While some owners or operators of 

vessels intending to transit near the 

safety zone may be small entities, for the 

reasons stated in section V.A above, this 

rule will not have a significant 

economic impact on any vessel owner 

or operator. 

C. Collection of Information 

This rule will not call for a new 

collection of information under the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501–3520). 

D. Environment 

We have analyzed this rule under 

Department of Homeland Security 

Directive 023–01, Rev. 1, associated 

implementing instructions, and 

Environmental Planning COMDTINST 

5090.1 (series), which guide the Coast 

Guard in complying with the National 

Environmental Policy Act of 1969(42 

U.S.C. 4321–4370f), and have 

determined that this action is one of a 

category of actions that do not 

individually or cumulatively have a 

significant effect on the human 

environment. This rule involves a safety 

zone lasting only 8 hours that will 

prohibit entry of non-event vessels 

within the enforcement area that starts 

at 47°07′23.5′′ N 88°35′21.7′′ W stretches 

east to 47°07′28.3′′ N 88°33′31.7′′ W, 

goes south to 47°07′23.1′′ N 88°33′32.6′′ 

W, then west 47°07′16.8′′ N 88°35′18.4′′ 

W and finally up north back to 

47°07′23.5′′ N 88°35′21.7′′ W. There is 

no fauna, flora, or ecosystem of concern 

that is in the vicinity of the display that 

will be catastrophically effected during 

a 30 minute firework show. It is 

categorically excluded from further 

review under paragraph L[60(a)] of 

Appendix A, Table 1 of DHS Instruction 

Manual 023–01–001–01, Rev. 1. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, 

Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 1. The authority citation for part 165 

continues to read as follows: 

Authority: 46 U.S.C. 70034, 70051; 33 CFR 

1.05–1, 6.04–1, 6.04–6, and 160.5; 

Department of Homeland Security Delegation 

No. 0170.1, Revision No. 01.2. 

■ 2. Add § 165.T09–0375, to read as 

follows: 

§ 165.T09–0375 Safety Zone; Keeweenaw 

Waterway, Houghton, MI. 

(a) Location. The following area is a 

safety zone: All waters of the Keweenaw 

Waterway in Hancock, MI and 

Houghton, MI within the enforcement 

area that starts at 47°07′23.5′′ N 

88°35′21.7′′ W stretches east to 

47°07′28.3′′ N 88°33′31.7′′ W, goes south 

to 47°07′23.1′′ N 88°33′32.6′′ W, then 

west 47°07′16.8′′ N 88°35′18.4′′ W and 

finally up north back to 47°07′23.5′′ N 

88°35′21.7′′ W. These coordinates are 

based on North American Datum 83, 

NAD83. 

(b) Regulations. (1) Under the general 

safety zone regulations in subpart C of 

this part, you may not enter the safety 

zone described in paragraph (a) of this 

section unless authorized by the COTP 

or the COTP’s designated representative. 

(2) To seek permission to enter, 

contact the COTP or the COTP’s 

representative by calling Station Portage 

at 906–482–1520. Those in the safety 

zone must comply with all lawful orders 

or directions given to them by the COTP 

or the COTP’s designated representative. 

(c) Enforcement period. This section 

will be enforced from 2 p.m. through 10 

p.m. on June 18, 2022. 

Dated: May 17, 2022. 

F.M. Smith, 

Captain of the Port Duluth, CDR, U.S. Coast 

Guard. 

[FR Doc. 2022–11706 Filed 5–31–22; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2022–0379] 

Safety Zones; Recurring Events in 

Captain of the Port Duluth—City of 

Bayfield 4th of July Fireworks Display 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of enforcement of 

regulation. 

SUMMARY: The Coast Guard will enforce 

the safety zone for the City of Bayfield 

Fireworks in Bayfield, WI. This action is 

necessary to protect participants and 

spectators during the City of Bayfield 

Fireworks. During the enforcement 

period, entry into, transiting, or 

anchoring within the safety zone is 

prohibited unless authorized by the 

Captain of the Port Duluth or designated 

on-scene representative. 

DATES: The regulations in 33 CFR 

165.943(b) will be enforced from 9 p.m. 

through 10:30 p.m. on July 4, 2022, for 

the City of Bayfield Fireworks safety 

zone, § 165.943. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this document, 

call or email LTJG Joe McGinnis, 

telephone (218)–725–3818, email 

DuluthWWM@uscg.mil. 

SUPPLEMENTARY INFORMATION: The Coast 

Guard will enforce the safety zone for 

the annual City of Bayfield 4th of July 

Fireworks Display in 33 CFR 165.943 

from 9 p.m. through 10:30 p.m. on July 

4, 2022. All waters of the Lake Superior 

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 position 46°48′40′′ N, 090°48′32′′ 

W. 

Entry into, transiting, or anchoring 

within the safety zone is prohibited 

unless authorized by the Captain of the 

Port Duluth or their designated on-scene 

representative. The Captain of the Port’s 

designated on-scene representative may 

be contacted via VHF Channel 16. 

This document is issued under 

authority of 33 CFR 165.943 and 5 

U.S.C. 552 (a). In addition to this 

publication in the Federal Register, the 

Coast Guard will provide the maritime 

community with advance notification of 

the enforcement of this safety zone via 

Broadcast Notice to Mariners. 

Dated: May 17, 2022. 

F.M. Smith, 

Commander, U.S. Coast Guard, Captain of 

the Port Duluth. 

[FR Doc. 2022–11714 Filed 5–31–22; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2022–0417] 

Safety Zone; Recurring Events in 

Captain of the Port Duluth—Duluth 

Fourth Fest Fireworks 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of enforcement of 

regulation. 

SUMMARY: The Coast Guard will enforce 

the safety zone in 33 CFR 165.943(a)(5) 

for the Duluth Fourth Fest Fireworks in 

Duluth, MN. This action is necessary to 

protect participants and spectators 

during the Duluth Fourth Fest 

Fireworks. During the enforcement 

period, entry into, transiting, or 


jspears on DSK121TN23PROD with RULES1