[Federal Register Volume 85, Number 68 (Wednesday, April 8, 2020)]
[Proposed Rules]
[Pages 19709-19711]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-07244]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2020-0207]
RIN 1625-AA08


Special Local Regulation; USA Triathlon, Milwaukee Harbor, 
Milwaukee, WI

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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

SUMMARY: The Coast Guard is proposing to establish a temporary special 
local regulation for certain waters of the Milwaukee Harbor. This 
action is necessary to provide for the safety of life on these 
navigable waters within the Lake Shore State Park Lagoon during a 
triathlon swim event taking place from August 7, 2020 through August 9, 
2020. This proposed rulemaking would prohibit persons and vessels from 
being in the regulated area unless authorized

[[Page 19710]]

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 May 8, 2020.

ADDRESSES: You may submit comments identified by docket number USCG-
2020-0207 using the Federal eRulemaking Portal at https://www.regulations.gov. 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 Chief Petty Officer Kyle Weitzell, 
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, Purpose, and Legal Basis

    On January 10, 2020, USA Triathlon notified the Coast Guard that it 
will be hosting a triathlon in Milwaukee, WI from August 7, 2020 
through August 9, 2020. Over the course of the three days this 
triathlon is being held, there will be as many as 6,000 participants 
involved in the swim portion of the triathlon in the Lake Shore State 
Park Lagoon within the Milwaukee Harbor. The hazard from this triathlon 
is the large number of people and support watercraft, including kayaks, 
personal watercraft, standup paddleboards, and other small boats, in 
the lagoon which will impede normal navigation. The Captain of the Port 
Lake Michigan (COTP) has determined that this hazard would be a safety 
concern for anyone within the lagoon during the swim portion of the 
triathlon.
    The purpose of this proposed rulemaking is to protect the safety of 
persons, vessels, and the navigable waters within the Lake Shore State 
Park Lagoon before, during, and after the scheduled event. The Coast 
Guard is proposing this rulemaking under authority in 46 U.S.C. 70041 
(previously 33 U.S.C. 1233).

III. Discussion of Proposed Rule

    The COTP is proposing to establish a special local regulation from 
8 a.m. on August 7, 2020 through 2 p.m. on August 9, 2020. The special 
local regulation would cover all navigable waters of the Lake Shore 
State Park Lagoon in the Milwaukee Harbor within an area bound by 
coordinates 43[deg] 02.20' N, 087[deg] 53.69' W, then south to 43[deg] 
01.75' N, 087[deg] 53.71' W, then southwest to 43[deg] 01.73' N, 
087[deg] 53.96' W, then northeast to 43[deg] 02.20' N, 087[deg] 53.83' 
W, then east to point of origin. The duration of the regulation is 
intended to protect the safety of persons, vessels, and these navigable 
waters before, during, and after the swim portion of the traithlon. No 
vessel or person, except those participating in the event, would be 
permitted to enter the regulated area without obtaining permission from 
the COTP or the Patrol Commander. The daily schedule of the swim 
portion of the triathlon will be made available publicly by Broadcast 
Notice to Mariners. 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. Executive Order 13771 directs agencies to control 
regulatory costs through a budgeting process. 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), and pursuant to OMB guidance it is exempt 
from the requirements of Executive Order 13771.
    This regulatory action determination is based on location, size, 
and duration of this proposed special local regulation. This regulation 
will be in effect only on the Lake Shore State Park Lagoon during the 
swim portion of the triathlon from August 7, 2020 through August 9, 
2020. Additionally, the COTP may consider the movement of persons and 
vessels through or within the regulated, if it is safe to do so.

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 zone 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 and that this 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 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

[[Page 19711]]

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 effects of this 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 one of a category of 
actions that do not individually or cumulatively have a significant 
effect on the human environment. This proposed rule involves a special 
local regulation lasting three days that would prohibit entry in the 
Lake Shore State Park Lagoon within the Milwaukee Harbor during the 
swim portion of a triathlon. Normally such actions are categorically 
excluded from further review under paragraph L61 of Appendix A, Table 1 
of DHS Instruction Manual 023-01-001-01, Rev. 1. 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.
    We encourage you to submit comments through the Federal eRulemaking 
Portal at https://www.regulations.gov. If your material cannot be 
submitted using https://www.regulations.gov, call or email the person 
in the FOR FURTHER INFORMATION CONTACT section of this document for 
alternate instructions.
    We accept anonymous comments. All comments received will be posted 
without change to https://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and 
submissions in response to this document, see DHS's eRulemaking System 
of Records notice (85 FR 14226, March 11, 2020).
    Documents mentioned in this NPRM as being available in the docket, 
and all public comments, will be in our online docket at https://www.regulations.gov and can be viewed by following that website's 
instructions. Additionally, if you go to the online docket and sign up 
for email alerts, you will be notified when comments are posted or a 
final rule is published.

List of Subjects in 33 CFR Part 100

    Marine safety, Navigation (water), Reporting and recordkeeping 
requirements, Waterways.

    For the reasons discussed in the preamble, the Coast Guard is 
proposing to amend 33 CFR part 100 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

0
1. The authority citation for part 100 continues to read as follows:

    Authority:  46 U.S.C. 70041; 33 CFR 1.05-1.

0
2. Add Sec.  100.T09-0207 to read as follows:


Sec.  100.T09-0207  Special Local Regulation; USA Triathlon, Milwaukee 
Harbor, Milwaukee, WI

    (a) Regulated area. This area includes all waters of the Lake Shore 
State Park Lagoon in the Milwaukee Harbor within an area bound by 
coordinates 43[deg]02.20' N, 087[deg]53.69' W, then south to 
43[deg]01.75' N, 087[deg]53.71' W, then southwest to 43[deg]01.73' N, 
087[deg]53.96' W, then northeast to 43[deg]02.20' N, 087[deg]53.83' W, 
then east to point of origin.
    (b) Special Local Regulations. (1) The regulations in this section, 
along with the regulations of Sec.  100.901, apply to this marine 
event. No vessel may enter, transit through, or anchor within the 
regulated area without the permission of the Captain of the Port Lake 
Michigan (COTP) or the Patrol Commander.
    (2) Vessel operators desiring to enter or operate within the 
regulated area shall contact the COTP or the Patrol Commander on VHF-FM 
Channel 16 to obtain permission to do so. Vessel operators given 
permission to enter or operate within the regulated area must comply 
with all directions given to them by the COTP or the Patrol Commander.
    (c) Effective dates. These regulations are in effect from 8 a.m. on 
August 7, 2020 through 2 p.m. on August 9, 2020. Public notice of 
specific enforcement times will be made available through Broadcast 
Notice to Mariners.

    Dated: April 1, 2020.
T.J. Stuhlreyer,
Captain, U.S. Coast Guard, Captain of the Port Lake Michigan.
[FR Doc. 2020-07244 Filed 4-7-20; 8:45 am]
 BILLING CODE 9110-04-P