Rule2022-09992
Safety Zone; Graduate Boat Parade, Sturgeon Bay, WI
Primary source
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Published
May 10, 2022
Effective
May 28, 2022
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is establishing a temporary safety zone for certain waters of Sturgeon Bay, WI. This action is necessary to provide for the safety of life on these navigable waters during the boat parade for the Graduates of Sturgeon Bay High School on May 28, 2022. This rulemaking will restrict usage by persons and vessels within the safety zone. At no time during the effective period may non-parade vessels transit the waters of Sturgeon Bay between the Highway 42 Bridge and Michigan Street Bridge. These restrictions will apply to all vessels during the effective period unless authorized by the Captain of the Port Lake Michigan or a designated representative.
Full Text
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<title>Federal Register, Volume 87 Issue 90 (Tuesday, May 10, 2022)</title>
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[Federal Register Volume 87, Number 90 (Tuesday, May 10, 2022)]
[Rules and Regulations]
[Pages 27947-27949]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-09992]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2022-0184]
RIN 1625-AA00
Safety Zone; Graduate Boat Parade, Sturgeon Bay, WI
AGENCY: Coast Guard, Department of Homeland Security (DHS).
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone for
certain waters of Sturgeon Bay, WI. This action is necessary to provide
for the safety of life on these navigable waters during the boat parade
for the Graduates of Sturgeon Bay High School on May 28, 2022. This
rulemaking will restrict usage by persons and vessels within the safety
zone. At no time during the effective period may non-parade vessels
transit the waters of Sturgeon Bay between the Highway 42 Bridge and
Michigan Street Bridge. These restrictions will apply to all vessels
during the effective period unless authorized by the Captain of the
Port Lake Michigan or a designated representative.
DATES: This rule is effective from 11:00 a.m. through 2:00 p.m. on May
28, 2022.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, type USCG-
2022-0184 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
rulemaking, call or email Chief Petty Officer Jeromy Sherrill, Sector
Lake Michigan Waterways Management Division, U.S. Coast Guard;
telephone 414-747-7148, email <a href="/cdn-cgi/l/email-protection#145e71667b796d3a5a3a477c7166667d787854616777733a797d78"><span class="__cf_email__" data-cfemail="226847504d4f5b0c6c0c714a4750504b4e4e62575141450c4f4b4e">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
On March 9, 2022, the principal of Sturgeon Bay High School
notified the Coast Guard that it will be conducting a boat parade for
graduates of the Class of 2022 on May 28, 2022, from 11:00 a.m. through
2:00 p.m. The boat parade will begin at Madelyn Marine, NW of Highway
42 bridge, proceed NW to the Michigan Street Bridge, cross the channel
towards the Maritime Museum, then proceed SE, crossing back across the
channel and ending at Madelyn Marine. The Captain of the Port Sector
Lake Michigan (COTP) has determined that potential hazards associated
with the boat parade would be a safety concern for anyone within the
safety zone that is not participating in the boat parade.
In response, on March 22, 2022, the Coast Guard published a notice
of proposed rulemaking (NPRM) titled ``Safety Zone; Graduate Boat
Parade, Sturgeon Bay, WI'' (87 FR 16129). There we stated why we issued
the NPRM, and invited comments on our proposed regulatory action
related to this fireworks display. During the comment period that ended
April 6, 2022, we received 0 comments.
III. Legal Authority and Need for Rule
The Captain of the Port Sector Lake Michigan (COTP) has determined
that potential hazards associated with the boat parade would be a
safety concern for anyone within the safety zone that is not
participating in the boat parade. 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 event.
IV. Discussion of Comments, Changes, and the Rule
As noted above, we received no comments on our NPRM published March
22, 2022. There are no changes in the regulatory text of this rule from
the proposed rule in the NPRM.
This rule establishes a safety zone from 11:00 a.m. through 2:00
p.m. on May 28, 2022. The safety zone would cover all navigable waters
of Sturgeon Bay between the Highway 42 Bridge and Michigan Street
Bridge. The duration of the zone is intended to ensure the safety of
vessels and these navigable waters before, during, and after the boat
parade event. No vessels or person would be permitted to enter the
safety zone without obtaining permission from the COTP or a designated
representative. The regulatory text appears at the end of this
document.
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
[[Page 27948]]
Office of Management and Budget (OMB).
This regulatory action determination is based on the
characteristics of the safety zone. The safety zone created by this
rule will relatively small and is designed to minimize its impact on
navigable waters. This rule will prohibit entry into certain navigable
waters of Sturgeon Bay, WI, and it is not anticipated to exceed 3 hours
in duration. Thus, restrictions on vessel movement within that
particular area are expected to be minimal. Moreover, under certain
conditions vessels may still transit through the safety zone when
permitted by the COTP Lake Michigan.
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 received 00 comments from the Small Business
Administration on this rulemaking. 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 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.
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
call or email the person listed in the FOR FURTHER INFORMATION CONTACT
section.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). 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.
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 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 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.
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 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 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 3 hours that would prohibit entry within a
relatively small portion of Sturgeon Bay. 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 Record of Environmental
Consideration supporting this determination is available in the docket.
For instructions on locating the docket, see the ADDRESSES section of
this preamble.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email 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.
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
0
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.
00170.1, Revision No. 01.2.
0
2. Add Sec. 165.T09-0184 to read as follows:
Sec. 165.T09-0184 Safety Zone; Graduate Boat Parade, Sturgeon Bay,
WI.
(a) Location. All navigable waters of Sturgeon Bay between the
Highway 42 Bridge and Michigan Street Bridge.
(b) Enforcement period. The safety zone described in paragraph (a)
of this section is effective on May 28, 2022, from 11:00 a.m. through
2:00 p.m.
(c) Regulations. (1) In accordance with the general regulations in
Sec. 165.23, entry into, transiting, or anchoring within this safety
zone is prohibited unless authorized by the Captain of the Port Lake
Michigan (COTP) or a designated representative.
(2) This safety zone is closed to all vessel traffic, except as may
be permitted by the COTP or a designated representative.
(3) The ``designated representative'' of the COTP is any Coast
Guard commissioned, warrant, or petty officer
[[Page 27949]]
who has been designated by the COTP to act on his or her behalf.
(4) Persons and vessel operators desiring to enter or operate
within the safety zone during the boat parade must contact the COTP or
an on-scene representative to obtain permission to do so. The COTP or
an 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 or an on-scene
representative.
Dated: April 22, 2022.
D.P. Montoro,
Captain, U.S. Coast Guard, Captain of the Port Lake Michigan.
[FR Doc. 2022-09992 Filed 5-9-22; 8:45 am]
BILLING CODE 9110-04-P
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</html>Indexed from Federal Register on May 10, 2022.
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