The U.S. Coast Guard, under the Department of Homeland Security, has initiated a proposed rulemaking that could significantly alter how recurring safety zones are managed within the Captain of the Port (COTP) Duluth Zone. Published in the Federal Register on June 2, 2026, this Notice of Proposed Rulemaking (NPRM) aims to introduce crucial geographic flexibility to the enforcement of safety zones for annual marine events. This development is designed to streamline administrative processes and bolster safety for maritime activities on the western Great Lakes.
For years, the Coast Guard has established these safety zones to protect vessels, personnel, and the marine environment from hazards associated with events such as fireworks displays, which can produce dangerous projectiles and falling debris. Historically, the locations of these zones were defined by fixed geographic coordinates in 33 CFR 165.943. However, event organizers frequently face operational, environmental, or logistical challenges that necessitate minor shifts in event locations. Under the previous regulations, any such change required a separate, time-consuming rulemaking process, creating bureaucratic hurdles.
The Need for Adaptability and Enhanced Safety
This proposed rule directly addresses the inflexibility inherent in the prior system. By allowing for limited geographic flexibility, the Coast Guard seeks to empower the COTP Marine Safety Unit Duluth to provide notification of enforcement for recurring safety zones in the vicinity of published coordinates, rather than adhering strictly to fixed points. This adjustment, authorized under 46 U.S.C. 70034, is expected to improve both the efficiency of event management and the overall safety of the waterway. The core purpose of these zones, to safeguard against potential hazards like accidental fireworks discharge, remains paramount.
The current system's rigidity often meant that even slight adjustments to an event's footprint could lead to a disconnect between the regulated area and the actual event, potentially compromising safety or leading to unnecessary regulatory delays. The proposed change recognizes the dynamic nature of marine events and provides a more practical framework for their oversight.
Key Revisions to 33 CFR Part 165
The proposed rule specifically revises Section 165.943 of Title 33 of the Code of Federal Regulations. The modifications would update event listings and, more critically, restructure the rule to accommodate the aforementioned geographic flexibility in subsequent Notifications of Enforcement. While the general durations of the safety zones are expected to remain largely unchanged, the geographic locations will now be noted as "approximate."
Crucially, each safety zone would continue to be enforced only during specific periods. The COTP Duluth will announce these enforcement periods in advance through several channels: publication of a Notification of Enforcement in the Federal Register and via Broadcast Notices to Mariners over VHF-FM marine channel 16. These public notifications are vital for ensuring that mariners and the general public are fully aware of temporary restrictions. During periods of enforcement, no vessel or person would be permitted to enter the safety zone without explicit permission from the COTP or their designated on-scene representative, typically reachable via VHF Channel 16.
Addressing Regulatory Impacts
The Coast Guard's regulatory analysis for this proposed rule indicates a minimal anticipated impact across various sectors. Under the Regulatory Flexibility Act of 1980, the Coast Guard certifies that this rule is not expected to have a significant economic impact on a substantial number of small entities. This assessment is based on several factors: vessel traffic can generally transit safely around these regulated areas, enforcement periods are typically short in duration and occur during times of low vessel traffic, and the provision of Broadcast Notices to Mariners allows small entities to adjust their plans. Furthermore, the rule explicitly allows vessels to request permission to enter a regulated area from the COTP.
Additional analyses confirmed no new collection of information under the Paperwork Reduction Act of 1995. The rule is also consistent with federalism principles as outlined in Executive Order 13132 and poses no tribal implications under Executive Order 13175. Finally, the Unfunded Mandates Reform Act of 1995 found that the proposed rule will not result in annual expenditures exceeding $100,000,000 for state, local, or tribal governments or the private sector. The Coast Guard has also determined that this action is categorically excluded from further environmental review under the National Environmental Policy Act.
Public Participation Encouraged
The Coast Guard emphasizes the importance of public participation in its rulemaking process. Comments and related materials on this proposed rule are invited and must be received by the Coast Guard on or before July 2, 2026. Interested parties can submit comments and view available documents by visiting regulations.gov and searching for docket number USCG-2026-0276. This public comment period provides an essential opportunity for affected stakeholders to contribute to the final shape of the regulation, ensuring that diverse perspectives are considered before the rule is finalized.
