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

    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]
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