Rule2023-16165
Safety Zone; Mercury Powerboat Race; Sheboygan Harbor, Sheboygan, Wisconsin
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
July 31, 2023
Effective
August 13, 2023
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is establishing two temporary safety zones in Lake Michigan 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 rule will prohibit persons and vessels from entering the safety zones unless authorized by the Captain of the Port Lake Michigan or a designated representative.
Full Text
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<title>Federal Register, Volume 88 Issue 145 (Monday, July 31, 2023)</title>
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[Federal Register Volume 88, Number 145 (Monday, July 31, 2023)]
[Rules and Regulations]
[Pages 49292-49294]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-16165]
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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: Temporary final rule.
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SUMMARY: The Coast Guard is establishing two temporary safety zones in
Lake Michigan 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 rule will
prohibit persons and vessels from entering the safety zones unless
authorized by the Captain of the Port Lake Michigan or a designated
representative.
DATES: This rule is effective from 8 a.m. on August 11 to 6:30 p.m. on
August 13, 2023.
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-
2023-0490 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
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#5634243f37383837783b783e3338242f1623253531783b3f3a"><span class="__cf_email__" data-cfemail="f597879c949b9b94db98db9d909b878cb580869692db989c99">[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
COTP Caption of the Port
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 insufficient time remains
before the event to publish an NPRM and receive public comments prior
to the event.
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 to wait for a comment period to run would be contrary to the
public interest by inhibiting the Coast Guard's ability to protect
personnel, vessels, and the marine environment in these navigable
waters during the race events.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034 (previously 33 U.S.C. 1231). The COTP Lake Michigan has
determined a safety zone is needed to protect the public from potential
hazards association from the Mercury Powerboat Race event.
IV. Discussion of the Rule
The COTP is establishing two safety zones from 8:00 a.m. on August
11 to 6:30 p.m. on August 13, 2023. One of the safety zones will be
located offshore of Sheboygan, WI and will 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 will be in a triangular area within Sheboygan
Harbor and will 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.
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 section 3(f) of Executive Order 12866, as
amended by Executive Order 14094 (Modernizing Regulatory Review).
Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB).
This regulatory action determination is based the need to ensure
the safety of public during the powerboat race event.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended,
[[Page 49293]]
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 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
establishment of a temporary safety zone intended to ensure the safety
of participants in these navigable waters before, during, and after the
swim portion of the Tri CLE Rock Roll Run triathlon. It is
categorically excluded from further review under paragraph L63(b) 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, 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'' 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) These 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
[[Page 49294]]
with all directions given to them by the COTP or an on-scene
representative.
Dated: July 25, 2023.
Joseph B. Parker,
Captain, U.S. Coast Guard, Captain of the Port Lake Michigan.
[FR Doc. 2023-16165 Filed 7-28-23; 8:45 am]
BILLING CODE 9110-04-P
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</html>Indexed from Federal Register on July 31, 2023.
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