Special Local Regulation; USA Triathlon, Milwaukee Harbor, Milwaukee, WI, 37337-37339 [2020-12494]
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Federal Register / Vol. 85, No. 120 / Monday, June 22, 2020 / Rules and Regulations
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designee of the Attorney General,
regarding the level of material effect that
emergency conditions continue to have
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[FR Doc. 2020–13004 Filed 6–19–20; 8:45 am]
BILLING CODE 4410–05–P
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
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing 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. This rulemaking
will prohibit persons and vessels from
being in the regulated area unless
authorized by the Captain of the Port
Lake Michigan or a designated
representative.
This rule is effective from 8 a.m.
on August 7, 2020 through 2 p.m. on
August 9, 2020.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2020–
0207 in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rule.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email Chief Petty Officer Kyle Weitzell,
VerDate Sep<11>2014
16:36 Jun 19, 2020
Jkt 250001
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
II. Background Information and
Regulatory History
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. In response, on
April 8, 2020, the Coast Guard
published a Notice Of Proposed
Rulemaking (NPRM) titled ‘‘Special
Local Regulation; USA Triathlon,
Milwaukee Harbor, Milwaukee, WI’’ (85
FR 19709). There we stated why we
issued the NPRM, and invited
comments on our proposed regulatory
action related to this triathlon swim
event. During the comment period that
ended May 8, 2020, the Coast Guard
received five comments.
III. Legal Authority and Need for Rule
SUMMARY:
DATES:
Sector Lake Michigan Waterways
Management Division, U.S. Coast
Guard; telephone 414–747–7148, email
Kyle.W.Weitzell@uscg.mil.
SUPPLEMENTARY INFORMATION:
The Coast Guard is issuing this rule
under authority in 46 U.S.C. 70041. The
Captain of the Port Lake Michigan
(COTP) has determined that potential
hazards associated with the swim
portion of the triathlon from August 7,
2020 through August 9, 2020 will be a
safety concern for anyone within the
Lake Shore State Park Lagoon. The
purpose of this rule is to protect safety
of persons, 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 five
comments on our NPRM published
April 8, 2020. There are no changes in
the regulatory text of this rule from the
proposed rule in the NPRM.
One comment expressed agreement
with the proposed rule in that it is
necessary to protect triathlon
participants from potential injury.
One comment expressed concern
regarding whether it was appropriate to
hold this event during the COVID–19
pandemic, asked whether this event can
PO 00000
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Fmt 4700
Sfmt 4700
37337
take place next year, and asked whether
the City of Milwaukee was aware of the
event. In response to this comment, the
process of issuing a special local
regulation for this event does not
constitute approval of the event. The
Coast Guard is working closely with
state and local governments, health
officials, and sponsors of marine events
to determine whether an event can be
held safely. At the time this regulation
will be published, we still face
uncertainty with regard to how the
COVID–19 pandemic will play out in
the months to come. As we get closer to
the event date, there may be the
possibility that the event will be
cancelled due to ongoing state or local
restrictions put in place for large
gatherings as a result of the COVID–19
pandemic. That being said, the COTP is
continuing to implement these special
local regulations in case this event does
occur as scheduled, in order to protect
persons, vessels, and the navigable
waters of the United States. As of the
publication of this rule, the COTP is not
aware of any plans from the sponsor of
this event to postpone this event until
2021. Additionally, the City of
Milwaukee maintains a separate
permitting process, independent from
the process employed by the Coast
Guard. The City of Milwaukee is aware
of this event and will act in accordance
with their own regulations, policies, and
procedures.
Two comments expressed concern for
the adequacy of environmental
protection due to this regulation. Both
comments expressed concern that this
regulation places priority on the
protection of human life, rather than
wildlife, and that a triathlon would
disturb wildlife in the event area.
Paragraph IV.F of the NPRM published
on April 8, 2020 discusses the
environmental review for this special
local regulation, which has been
conducted in accordance with the
National Environmental Policy Act of
1969 (NEPA). Under NEPA, a review of
this regulation evaluated the potential
effect on the human environment.
NEPA, as codified in 40 CFR 1508.14,
clarifies the ‘‘human environment shall
be interepreted comprehensively to
include the natural and physical
environment and the relationship of
people with that environment.’’ As
such, the environmental review
conducted for this regulation has taken
into account potential effects on
endangered and threatened species,
critical habitats, migratory birds,
wildlife refuges and reserves, essential
fish habitats, and coastal management
zones, in addition to historical and
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22JNR1
37338
Federal Register / Vol. 85, No. 120 / Monday, June 22, 2020 / Rules and Regulations
cultural impacts. Given the action taken
by the COTP to limit access to a small
portion of navigable waters of the
United States that is routinely used for
recreation, it was determined, as stated
in the NPRM published on April 8,
2020, that actions such as this have been
found to have no significant effect on
the environment and are excluded from
further review. Refer to Paragraph V.F of
this temporary rule for more
information on environmental review of
this regulation.
Finally, one comment was beyond the
scope of the proposed regulation and is
not addressed herein.
This rule establishes a special local
regulation from 8 a.m. on August 7,
2020 through 2 p.m. on August 9, 2020.
The special local regulation will cover
all navigable waters of the Lake Shore
State Park Lagoon in the Milwaukee
Harbor within an area bound by
coordinates 43°02.20′ N, 087°53.69′ W,
then South to 43°01.75′ N, 087°53.71′
W, then Southwest to 43°01.73′ N,
087°53.96′ W, then Northeast to
43°02.20′ N, 087°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.
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.
Executive Order 13771 directs agencies
to control regulatory costs through a
budgeting process. This rule has not
been designated a ‘‘significant
regulatory action,’’ under Executive
Order 12866. Accordingly, this rule has
not been reviewed by the Office of
Management and Budget (OMB), and
pursuant to OMB guidance it is exempt
VerDate Sep<11>2014
16:36 Jun 19, 2020
Jkt 250001
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 received no 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 regulated
area 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
PO 00000
Frm 00008
Fmt 4700
Sfmt 4700
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
special local regulation lasting three
days that would prohibit entry in the
Lake Shore State Park Lagoon within the
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22JNR1
Federal Register / Vol. 85, No. 120 / Monday, June 22, 2020 / Rules and Regulations
Milwaukee Harbor during the swim
portion of a triathlon. It is categorically
excluded from further review under
paragraph L61 of Appendix A, Table 1
of DHS Instruction Manual 023–01–
001–01, Rev. 1. A Memorandum for
Record 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.
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: June 4, 2020
T.J. Stuhlreyer,
Captain, U.S. Coast Guard, Captain of the
Port Lake Michigan.
[FR Doc. 2020–12494 Filed 6–19–20; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
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 amends 33
CFR part 100 as follows:
33 CFR Part 100
PART 100—SAFETY OF LIFE ON
NAVIGABLE WATERS
AGENCY:
1. The authority citation for part 100
continues to read as follows:
SUMMARY:
[Docket Number USCG–2020–0217]
RIN 1625–AA08
Special Local Regulation; Great
Western Tube Float; Colorado River,
Parker, AZ
ACTION:
■
Authority: 46 U.S.C. 70041; 33 CFR 1.05–
1.
2. Add § 100.T09–0207 to read as
follows:
■
§ 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°02.20′
N, 087°53.69′ W, then South to
43°01.75′ N, 087°53.71′ W, then
Southwest to 43°01.73′ N, 087°53.96′ W,
then Northeast to 43°02.20′ N,
087°53.83′ W, then East to point of
origin.
(b) Special Local Regulations. (1) The
regulations in this section, along with
the regulations of § 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
VerDate Sep<11>2014
16:36 Jun 19, 2020
Jkt 250001
Coast Guard, DHS.
Final rule.
The Coast Guard is changing
the location of the special local
regulation for the annual Great Western
Tube Float, which is held on the
navigable waters of the Colorado River
in Parker, AZ. The change of the
location for the special local regulation
is necessary to provide for the safety of
life on the navigable waters during the
event. This action will restrict vessel
traffic in certain waters of the Colorado
River, from 7 a.m. to 6 p.m. one
Saturday in June, from Buckskin
Mountain State Park to La Paz County
Park.
DATES: This rule is effective July 22,
2020.
To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2020–
0217 in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rule.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
Lieutenant Briana Biagas, Waterways
Management, U.S. Coast Guard;
telephone 619–278–7656, email
D11MarineEventsSD@uscg.mil.
SUPPLEMENTARY INFORMATION:
ADDRESSES:
I. Table of Abbreviations
CFR
PO 00000
Code of Federal Regulations
Frm 00009
Fmt 4700
Sfmt 4700
37339
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
II. Background Information and
Regulatory History
The Great Western Tube Float is an
annual recurring event listed in Table 1,
Item 9 of 33 CFR 100.1102, Annual
Marine Events on the Colorado River,
between Davis Dam (Bullhead City,
Arizona) and Headgate Dam (Parker,
Arizona). Special local regulations exist
for the marine event to allow for special
use of the Colorado River, Parker, AZ for
this event.
On March 17, 2020, the Parker Area
Chamber of Commerce notified the
Coast Guard that the location of the
marine event was being changed. The
new location for the Great Western Tube
Float will provide effective control over
the marine event and insure safety of
life in the regatta or marine parade area.
In response, on April 27, 2020, the Coast
Guard published a notice of proposed
rulemaking (NPRM) titled Special Local
Regulation; Great Western Tube Float;
Colorado River, Parker, AZ (85 FR
23264). There we stated why we issued
the NPRM, and invited comments on
our proposed regulatory action related
to this annual marine event. During the
comment period that ended May 12,
2020, we received 1 comment.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 46 U.S.C. 70041. The
Captain of the Port San Diego (COTP)
has determined this rule is needed to
change the location of the marine event
to the navigable waters of the Colorado
River from Buckskin Mountain State
Park to La Paz County Park, to reflect
the actual location of this event. This
change is needed to accommodate the
sponsor’s event plan and ensure that
adequate regulations are in place to
protect the safety of vessels and
individuals that may be present in the
regulated area.
IV. Discussion of Comments, Changes,
and the Rule
As noted above, we received 1
comment on our NPRM published April
27, 2020. The commenter supported the
Coast Guard’s proposal to change the
location of the marine event. The
commenter noted they have rafted down
the Colorado River many times and
know how treacherous the river can be.
There are no changes in the regulatory
text of this rule from the proposed rule
in the NPRM.
This rule changes the location of the
Great Western Tube Float, an annual
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]]>Agencies
[Federal Register Volume 85, Number 120 (Monday, June 22, 2020)]
[Rules and Regulations]
[Pages 37337-37339]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-12494]
=======================================================================
-----------------------------------------------------------------------
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: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing 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.
This rulemaking will prohibit persons and vessels from being in the
regulated area 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 7, 2020 through 2
p.m. on August 9, 2020.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2020-0207 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
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 Information and Regulatory History
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. In response, on April 8, 2020,
the Coast Guard published a Notice Of Proposed Rulemaking (NPRM) titled
``Special Local Regulation; USA Triathlon, Milwaukee Harbor, Milwaukee,
WI'' (85 FR 19709). There we stated why we issued the NPRM, and invited
comments on our proposed regulatory action related to this triathlon
swim event. During the comment period that ended May 8, 2020, the Coast
Guard received five comments.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70041. The Captain of the Port Lake Michigan (COTP) has determined that
potential hazards associated with the swim portion of the triathlon
from August 7, 2020 through August 9, 2020 will be a safety concern for
anyone within the Lake Shore State Park Lagoon. The purpose of this
rule is to protect safety of persons, 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 five comments on our NPRM published
April 8, 2020. There are no changes in the regulatory text of this rule
from the proposed rule in the NPRM.
One comment expressed agreement with the proposed rule in that it
is necessary to protect triathlon participants from potential injury.
One comment expressed concern regarding whether it was appropriate
to hold this event during the COVID-19 pandemic, asked whether this
event can take place next year, and asked whether the City of Milwaukee
was aware of the event. In response to this comment, the process of
issuing a special local regulation for this event does not constitute
approval of the event. The Coast Guard is working closely with state
and local governments, health officials, and sponsors of marine events
to determine whether an event can be held safely. At the time this
regulation will be published, we still face uncertainty with regard to
how the COVID-19 pandemic will play out in the months to come. As we
get closer to the event date, there may be the possibility that the
event will be cancelled due to ongoing state or local restrictions put
in place for large gatherings as a result of the COVID-19 pandemic.
That being said, the COTP is continuing to implement these special
local regulations in case this event does occur as scheduled, in order
to protect persons, vessels, and the navigable waters of the United
States. As of the publication of this rule, the COTP is not aware of
any plans from the sponsor of this event to postpone this event until
2021. Additionally, the City of Milwaukee maintains a separate
permitting process, independent from the process employed by the Coast
Guard. The City of Milwaukee is aware of this event and will act in
accordance with their own regulations, policies, and procedures.
Two comments expressed concern for the adequacy of environmental
protection due to this regulation. Both comments expressed concern that
this regulation places priority on the protection of human life, rather
than wildlife, and that a triathlon would disturb wildlife in the event
area. Paragraph IV.F of the NPRM published on April 8, 2020 discusses
the environmental review for this special local regulation, which has
been conducted in accordance with the National Environmental Policy Act
of 1969 (NEPA). Under NEPA, a review of this regulation evaluated the
potential effect on the human environment. NEPA, as codified in 40 CFR
1508.14, clarifies the ``human environment shall be interepreted
comprehensively to include the natural and physical environment and the
relationship of people with that environment.'' As such, the
environmental review conducted for this regulation has taken into
account potential effects on endangered and threatened species,
critical habitats, migratory birds, wildlife refuges and reserves,
essential fish habitats, and coastal management zones, in addition to
historical and
[[Page 37338]]
cultural impacts. Given the action taken by the COTP to limit access to
a small portion of navigable waters of the United States that is
routinely used for recreation, it was determined, as stated in the NPRM
published on April 8, 2020, that actions such as this have been found
to have no significant effect on the environment and are excluded from
further review. Refer to Paragraph V.F of this temporary rule for more
information on environmental review of this regulation.
Finally, one comment was beyond the scope of the proposed
regulation and is not addressed herein.
This rule establishes a special local regulation from 8 a.m. on
August 7, 2020 through 2 p.m. on August 9, 2020. The special local
regulation will 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.
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. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This rule has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, this rule 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 received no 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
regulated area 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
special local regulation lasting three days that would prohibit entry
in the Lake Shore State Park Lagoon within the
[[Page 37339]]
Milwaukee Harbor during the swim portion of a triathlon. It is
categorically excluded from further review under paragraph L61 of
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1. A
Memorandum for Record 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 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
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: June 4, 2020
T.J. Stuhlreyer,
Captain, U.S. Coast Guard, Captain of the Port Lake Michigan.
[FR Doc. 2020-12494 Filed 6-19-20; 8:45 am]
BILLING CODE 9110-04-P
