Rule2024-17369
Safety Zone; Boat Race; Lake Michigan, Sheboygan, WI
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
August 7, 2024
Effective
August 11, 2024
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is establishing a temporary safety zone for certain waters of Lake Michigan in Sheboygan, WI. This rule is necessary to protect personnel, vessels, and the marine environment from potential hazards associated during a high-speed boat race. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port, Sector Lake Michigan.
Full Text
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<title>Federal Register, Volume 89 Issue 152 (Wednesday, August 7, 2024)</title>
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[Federal Register Volume 89, Number 152 (Wednesday, August 7, 2024)]
[Rules and Regulations]
[Pages 64369-64371]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-17369]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2024-0701]
RIN 1625-AA00
Safety Zone; Boat Race; Lake Michigan, Sheboygan, WI
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone for
certain waters of Lake Michigan in Sheboygan, WI. This rule is
necessary to protect personnel, vessels, and the marine environment
from potential hazards associated during a high-speed boat race. Entry
of vessels or persons into this zone is prohibited unless specifically
authorized by the Captain of the Port, Sector Lake Michigan.
DATES: This rule is effective from August 9 through August 11, 2024,
but it will only be enforced from 8:00 a.m. to 6:00 p.m. each day.
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-
2024-0701 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 rule,
call or email Chief Petty Officer Aaron Sunstrom, Sector Lake Michigan
Waterways Management Division, U.S. Coast Guard; telephone 414-747-
7148, email <a href="/cdn-cgi/l/email-protection#82c3e3f0edecacd0acd1f7ecf1f6f0edefc2f7f1e1e5acefebee"><span class="__cf_email__" data-cfemail="470626352829691569143229343335282a0732342420692a2e2b">[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
The sponsors of the Sheboygan Midwest Challenge advised the Coast
Guard on July 30, 2024, that they planned to hold their high-speed boat
race beginning on August 9, 2024. There is insufficient time to propose
a rule, consider comments, and publish a final rule in time to respond
to the potential safety risk associated with the high-speed boat race
before August 9; therefore, the Coast Guard is issuing this
[[Page 64370]]
temporary rule under the authority in 5 U.S.C. 553(b)(B). This
statutory 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.'' The Coast Guard finds that it is impactable and
contrary to the public interest to delay promulgation of the rule to
take comments and that good cause therefore exists for not publishing a
notice of proposed rulemaking (NPRM) with respect to this rule
addresses.
Also, 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 is impracticable because the safety zone regulation must be
effective on August 09, 2024.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034. The Captain of the Port Sector Lake Michigan (COTP) has
determined that potential hazards associated with the Sheboygan Midwest
Challenge would be a safety concern for anyone within the safety zone
that is not participating in the event. 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 the Rule
This rule establishes a safety zone which will be enforced each
day, from 8:00 a.m. to 6:00 p.m., starting on August 9, 2024, and
continuing through August 11, 2024. The safety zone will cover certain
waters of Lake Michigan with a rectangle shaped racecourse offshore of
Sheboygan, WI. The area will be bounded by the points beginning at
43[deg]44'54.32'' N, 87[deg]42'5.77'' W; then east to 43[deg]44'54.10''
N, 87[deg]41'3.21'' W; then south to 43[deg]42'26.73'' N,
87[deg]40'54.66'' W; then west to 43[deg]42'27.10'' N,
87[deg]42'10.11'' W; then returning to the point of origin. The
duration of the zone is intended to ensure the safety of vessels and
these navigable waters before, during, and after the high-speed boat
race. No vessels or person would 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 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 on characteristics of
the safety zone. The safety zone created by this rule will be
relatively small, is designed to minimize its impact on navigable
waters, and is not anticipated to exceed 10 hours in duration each day
the rule is in place. Furthermore, under certain conditions vessels may
still transit through the safety zone when permitted by the Captain of
the Port of designated representative.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, does not apply to rules not subject to notice and comment. As
the Coast Guard has, for good cause, waived notice and comment
requirement that would otherwise apply to this rulemaking, the
Regulatory Flexibility Act's provisions do not apply here.
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 10 hours in duration each day that will prohibit
entry into certain waters of Lake Michigan with a rectangle shaped
racecourse offshore of Sheboygan, WI. The area will be bounded by the
points beginning at 43[deg]44'54.32'' N, 87[deg]42'5.77'' W; then east
to 43[deg]44'54.10'' N, 87[deg]41'3.21'' W; then south to
43[deg]42'26.73'' N, 87[deg]40'54.66'' W; then west to
43[deg]42'27.10'' N, 87[deg]42'10.11'' W; then returning to the
[[Page 64371]]
point of origin. 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.
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.T09-0701 to read as follows:
Sec. 165.T09-0701 Boat Race; Lake Michigan, Sheboygan, WI.
(a) Location. All waters of Lake Michigan with a rectangle shaped
racecourse offshore of Sheboygan, WI. The area will be bounded by the
points beginning at 43[deg]44'54.32'' N, 87[deg]42'5.77'' W; then east
to 43[deg]44'54.10'' N, 87[deg]41'3.21'' W; then south to
43[deg]42'26.73'' N, 87[deg]40'54.66'' W; then west to
43[deg]42'27.10'' N, 87[deg]42'10.11'' W; then returning to the point
of origin.
(b) Enforcement period. The safety zone described in paragraph (a)
of this section will be enforced from 8:00 a.m. to 6:00 p.m., each day
from August 9, 2024, through August 11, 2024.
(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 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 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: August 1, 2024.
Gregory J. Knoll,
Commander, U.S. Coast Guard, Alternate Captain of the Port Sector Lake
Michigan.
[FR Doc. 2024-17369 Filed 8-6-24; 8:45 am]
BILLING CODE 9110-04-P
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