[Federal Register Volume 88, Number 140 (Monday, July 24, 2023)]
[Proposed Rules]
[Pages 47407-47409]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-15593]


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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: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard is proposing to establish a two temporary 
safety zones 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 proposed 
rulemaking would prohibit entry of vessels or persons into these zones 
unless specifically authorized 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 the abridged comment period of 15 days beginning on 
July 21, 2023 and ending on August 4, 2023.

ADDRESSES: You may submit comments identified by docket number USCG-
2023-0490 using the Federal Decision Making 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 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

II. Background, Purpose, and Legal Basis

    On February 8, 2023, Powerboat P1 USA notified the Coast Guard that 
was planning on hosting the Mercury Racing Midwest Challenge in 
Sheboygan, WI from August 11 to August 13, 2023. The race event will 
take place in two locations in and near the Sheboygan Harbor. The 
Captain of the Port Sector Lake Michigan (COTP) has determined that 
potential hazards associated with the boat races would be a safety 
concern for anyone within the two designated race areas.
    The purpose of this rulemaking is to ensure the safety of vessels 
and the navigable waters within and near the two race areas before, 
during, and after the scheduled event. The Coast Guard is proposing 
this rulemaking under authority in 46 U.S.C. 70034 (previously 33 
U.S.C. 1231).]

III. Discussion of Proposed Rule

    The COTP is proposing to establish two safety zones from 8 a.m. on 
August 11 to 6:30 p.m. on August 13, 2023. One of the safety zones 
would be located off shore of Sheboygan, WI and would 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 would be located in a 
triangular area within Sheboygan Harbor and would 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. 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. 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).
    This regulatory action determination is based on the size, 
location, and duration of the safety zones. The safety zones created by 
this proposed rule will impact a small part of the waterway and is 
designed to minimize its impact on navigable waters. This proposed rule 
will prohibit entry into certain navigable waters of Lake Michigan and 
Sheboygan Harbor near in Sheboygan, WI and it is not anticipated to 
exceed 3 days in duration. 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 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 zones 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

[[Page 47408]]

and that this proposed 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 proposed 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 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 potential effects of 
this proposed 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 1 of a category of 
actions that do not individually or cumulatively have a significant 
effect on the human environment. This proposed rule involves two safety 
zones lasting for 3 days that prohibit entry within the designated race 
areas. Normally such actions are 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 preliminary 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. 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.
    Submitting comments. We encourage you to submit comments through 
the Federal Decision Making Portal at https://www.regulations.gov. To 
do so, go to https://www.regulations.gov, type USCG-2023-0490 in the 
search box and click ``Search.'' Next, look for this document in the 
Search Results column, and click on it. Then click on the Comment 
option. If you cannot submit your material by using https://www.regulations.gov, call or email the person in the FOR FURTHER 
INFORMATION CONTACT section of this proposed rule for alternate 
instructions.
    Viewing material in docket. To view documents mentioned in this 
proposed rule as being available in the docket, find the docket as 
described in the previous paragraph, and then select ``Supporting & 
Related Material'' in the Document Type column. Public comments will 
also be placed in our online docket and can be viewed by following 
instructions on the https://www.regulations.gov Frequently Asked 
Questions web page. We review all comments received, but we will only 
post comments that address the topic of the proposed rule. We may 
choose not to post off-topic, inappropriate, or duplicate comments that 
we receive.
    Personal information. We accept anonymous comments. Comments we 
post to https://www.regulations.gov will include any personal 
information you have provided. For more about privacy and submissions 
to the docket in response to this document, see DHS's eRulemaking 
System of Records notice (85 FR 14226, March 11, 2020).

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''

[[Page 47409]]

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) This 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 
with all directions given to them by the COTP or an on-scene 
representative.

    Dated: July 18, 2023.
Gregory J. Knoll,
Commander, U.S. Coast Guard, Acting Captain of the Port Lake Michigan.
[FR Doc. 2023-15593 Filed 7-21-23; 8:45 am]
BILLING CODE 9110-04-P