[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 [www.gpo.gov]
[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 https://www.regulations.gov, 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 [email protected].

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


