[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 [www.gpo.gov]
[FR Doc No: 2023-16165]


-----------------------------------------------------------------------

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.

-----------------------------------------------------------------------

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 https://www.regulations.gov, 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 
[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
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


