Proposed Rule2023-15593
Safety Zone; Mercury Powerboat Race; Sheboygan Harbor, Sheboygan, Wisconsin
Primary source
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Published
July 24, 2023
Effective
July 21, 2023
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is proposing to establish a two temporary safety zones for certain navigable waters in and around Sheboygan Harbor in Sheboygan, WI. The safety zones are needed to protect personnel, vessels, and the marine environment from potential hazards association from the Mercury Powerboat Race event. This proposed rulemaking would prohibit entry of vessels or persons into these zones unless specifically authorized by the Captain of the Port Lake Michigan or a designated representative. We invite your comments on this proposed rulemaking.
Full Text
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<title>Federal Register, Volume 88 Issue 140 (Monday, July 24, 2023)</title>
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[Federal Register Volume 88, Number 140 (Monday, July 24, 2023)]
[Proposed Rules]
[Pages 47407-47409]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-15593]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2023-0490]
RIN 1625-AA00
Safety Zone; Mercury Powerboat Race; Sheboygan Harbor, Sheboygan,
Wisconsin
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard is proposing to establish a two temporary
safety zones for certain navigable waters in and around Sheboygan
Harbor in Sheboygan, WI. The safety zones are needed to protect
personnel, vessels, and the marine environment from potential hazards
association from the Mercury Powerboat Race event. This proposed
rulemaking would prohibit entry of vessels or persons into these zones
unless specifically authorized by the Captain of the Port Lake Michigan
or a designated representative. We invite your comments on this
proposed rulemaking.
DATES: Comments and related material must be received by the Coast
Guard on or before the abridged comment period of 15 days beginning on
July 21, 2023 and ending on August 4, 2023.
ADDRESSES: You may submit comments identified by docket number USCG-
2023-0490 using the Federal Decision Making Portal at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. 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 about this
proposed rulemaking, call or email Sector Lake Michigan Waterways
Management Division, U.S. Coast Guard; telephone 414-747-7136, email
<a href="/cdn-cgi/l/email-protection#b1d3c3d8d0dfdfd09fdc9fd9d4dfc3c8f1c4c2d2d69fdcd8dd"><span class="__cf_email__" data-cfemail="89ebfbe0e8e7e7e8a7e4a7e1ece7fbf0c9fcfaeaeea7e4e0e5">[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, Purpose, and Legal Basis
On February 8, 2023, Powerboat P1 USA notified the Coast Guard that
was planning on hosting the Mercury Racing Midwest Challenge in
Sheboygan, WI from August 11 to August 13, 2023. The race event will
take place in two locations in and near the Sheboygan Harbor. The
Captain of the Port Sector Lake Michigan (COTP) has determined that
potential hazards associated with the boat races would be a safety
concern for anyone within the two designated race areas.
The purpose of this rulemaking is to ensure the safety of vessels
and the navigable waters within and near the two race areas before,
during, and after the scheduled event. The Coast Guard is proposing
this rulemaking under authority in 46 U.S.C. 70034 (previously 33
U.S.C. 1231).]
III. Discussion of Proposed Rule
The COTP is proposing to establish two safety zones from 8 a.m. on
August 11 to 6:30 p.m. on August 13, 2023. One of the safety zones
would be located off shore of Sheboygan, WI and would cover all
navigable waters within the offshore course located within the
following coordinates: NW corner 43[deg]44'54.32'' N, 87[deg]42'5.77''
W, NE corner 43[deg]44'54.10'' N, 87[deg]41'3.21'' W, SW corner
43[deg]42'27.10'' N, 87[deg]42'10.11'' W, SE corner 43[deg]42'26.73''
N, 87[deg]40'54.66'' W. The other safety zone would be located in a
triangular area within Sheboygan Harbor and would cover all navigable
waters within the following coordinates: 43[deg]44'56.76'' N,
87[deg]41'05.60'' W, 43[deg]45'07.29'' N, 87[deg]41'51.07'' W,
43[deg]44'57.24'' N, 87[deg]42'05.24'' W. The duration of the zones is
intended to protect personnel, vessels, and the marine environment in
these navigable waters during the race events. Entry into, transiting,
or anchoring within the safety zone is prohibited unless authorized by
the COTP or a designated representative. The regulatory text we are
proposing appears at the end of this document.
IV. 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. 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).
This regulatory action determination is based on the size,
location, and duration of the safety zones. The safety zones created by
this proposed rule will impact a small part of the waterway and is
designed to minimize its impact on navigable waters. This proposed rule
will prohibit entry into certain navigable waters of Lake Michigan and
Sheboygan Harbor near in Sheboygan, WI and it is not anticipated to
exceed 3 days in duration. 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 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.
While some owners or operators of vessels intending to transit the
safety zones may be small entities, for the reasons stated in section
IV.A above, this proposed rule would 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
[[Page 47408]]
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 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 proposed rule. If the proposed 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. The Coast Guard will not
retaliate against small entities that question or complain about this
proposed rule or any policy or action of the Coast Guard.
C. Collection of Information
This proposed rule would 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 proposed rule has implications for federalism or
Indian tribes, please call or email 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 would not
result in such an expenditure, we do discuss the potential effects of
this proposed rule elsewhere in this preamble.
F. Environment
We have analyzed this proposed 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 made
a preliminary determination that this action is 1 of a category of
actions that do not individually or cumulatively have a significant
effect on the human environment. This proposed rule involves two safety
zones lasting for 3 days that prohibit entry within the designated race
areas. 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. 1. A preliminary 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. We seek any comments or information that may lead to the
discovery of a significant environmental impact from this proposed
rule.
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.
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 through
the Federal Decision Making Portal at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. To
do so, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, type USCG-2023-0490 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>, call or email the person in the FOR FURTHER
INFORMATION CONTACT section of this proposed rule for alternate
instructions.
Viewing material in docket. To view documents mentioned in this
proposed rule as being available in the docket, find the docket as
described in the previous paragraph, and then select ``Supporting &
Related Material'' in the Document Type column. Public comments will
also be placed in our online docket and can be viewed by following
instructions on the <a href="https://www.regulations.gov">https://www.regulations.gov</a> Frequently Asked
Questions web page. We review all comments received, but we will only
post comments that address the topic of the proposed rule. We may
choose not to post off-topic, inappropriate, or duplicate comments that
we receive.
Personal information. We accept anonymous comments. Comments we
post to <a href="https://www.regulations.gov">https://www.regulations.gov</a> 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).
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, 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. 01.3.
0
2. Add Sec. 165.T09-0490 to read as follows:
Sec. 165.T09-0490 Safety Zone; Mercury Powerboat Race; Sheboygan
Harbor, Sheboygan, Wisconsin
(a) Location. All navigable waters within the offshore course
located within the following coordinates: NW corner 43[deg]44'54.32''
N, 87[deg]42'5.77'' W, NE corner 43[deg]44'54.10'' N, 87[deg]41'3.21''
[[Page 47409]]
W, SW corner 43[deg]42'27.10'' N, 87[deg]42'10.11'' W, SE corner
43[deg]42'26.73'' N, 87[deg]40'54.66'' W, and all navigable waters
located in a triangular area within Sheboygan Harbor within the
following coordinates: 43[deg]44'56.76'' N, 87[deg]41'05.60'' W,
43[deg]45'07.29'' N, 87[deg]41'51.07'' W, 43[deg]44'57.24'' N,
87[deg]42'05.24'' W.
(b) Enforcement Period. 8 a.m. on August 11 to 6:30 p.m. on August
13, 2023.
(c) Regulations.
(1) In accordance with the general regulations in Sec. 165.23,
entry, transiting, or anchoring within this safety zones are prohibited
unless authorized by the Captain of the Port Lake Michigan (COTP) or a
designated representative.
(2) This safety zones are 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 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 zones 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 zones must comply
with all directions given to them by the COTP or an on-scene
representative.
Dated: July 18, 2023.
Gregory J. Knoll,
Commander, U.S. Coast Guard, Acting Captain of the Port Lake Michigan.
[FR Doc. 2023-15593 Filed 7-21-23; 8:45 am]
BILLING CODE 9110-04-P
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