Safety Zone; Graduate Boat Parade, Sturgeon Bay, WI, 21988-21990 [2021-08507]
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21988
Federal Register / Vol. 86, No. 78 / Monday, April 26, 2021 / Proposed Rules
38°46′52″ N, longitude 077°01′13″ W, at
National Harbor, MD shoreline, thence
west across the Potomac River to the
George Washington Memorial Parkway
highway overpass and Cameron Run
shoreline at latitude 38°47′23″ N,
longitude 077°03′03″ W, thence north
along the Virginia shoreline to the point
of origin. These coordinates are based
on datum NAD 1983.
(b) Definitions. As used in this
section—
Captain of the Port (COTP) MarylandNational Capital Region means the
Commander, U.S. Coast Guard Sector
Maryland-National Capital Region or
any Coast Guard commissioned, warrant
or petty officer who has been authorized
by the COTP to act on his behalf.
Coast Guard Event Patrol Commander
(PATCOM) means a commissioned,
warrant, or petty officer of the U.S.
Coast Guard who has been designated
by the Commander, Coast Guard Sector
Maryland-National Capital Region.
Official patrol means any vessel
assigned or approved by Commander,
Coast Guard Sector Maryland-National
Capital Region with a commissioned,
warrant, or petty officer on board and
displaying a Coast Guard ensign.
Participant means all persons and
vessels registered with the event
sponsor as participating in the
‘‘Washington’s Crossing 2021’’ swim
event, or otherwise designated by the
event sponsor as having a function tied
to the event.
(c) Regulations. (1) Except for vessels
already at berth, all non-participants are
prohibited from entering, transiting
through, anchoring in, or remaining
within the regulated area described in
paragraph (a) of this section unless
authorized by the COTP MarylandNational Capital Region or Event
PATCOM.
(2) To seek permission to enter,
contact the COTP Maryland-National
Capital Region at telephone number
410–576–2693 or on Marine Band
Radio, VHF–FM channel 16 (156.8
MHz) or the Event PATCOM on Marine
Band Radio, VHF–FM channel 16 (156.8
MHz). Those in the regulated area must
comply with all lawful orders or
directions given to them by the COTP
Maryland-National Capital Region or
Event PATCOM.
(3) The COTP Maryland-National
Capital Region will provide notice of the
regulated area through advanced notice
via Fifth Coast Guard District Local
Notice to Mariners, broadcast notice to
mariners, and on-scene official patrols.
(d) Enforcement officials. The Coast
Guard may be assisted with marine
event patrol and enforcement of the
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regulated area by other federal, state,
and local agencies.
(e) Enforcement period. This section
will be enforced from 6:30 a.m. to 11
a.m. on June 6, 2021.
Dated: April 15, 2021.
Joseph B. Loring,
Captain, U.S. Coast Guard, Captain of the
Port Maryland-National Capital Region.
[FR Doc. 2021–08457 Filed 4–23–21; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2021–0192]
RIN 1625–AA00
Safety Zone; Graduate Boat Parade,
Sturgeon Bay, WI
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard is proposing
to establish a temporary safety zone for
certain waters of Sturgeon Bay, WI. This
action is necessary to provide for the
safety of life on these navigable waters
during the boat parade for the Graduates
of Sturgeon Bay High School on May 29,
2021. This proposed rulemaking would
restrict usage by persons and vessels
within the safety zone. At no time
during the effective period may nonparade vessels transit the waters of
Sturgeon Bay between the Highway 42
Bridge and Michigan Street Bridge.
These restrictions would apply to all
vessels during the effective period
unless 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 May 11, 2021.
ADDRESSES: You may submit comments
identified by docket number USCG–
2021–0921 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.
SUMMARY:
If
you have questions about this proposed
rulemaking, call or email Chief Petty
Officer Jeromy Sherrill, Sector Lake
Michigan Waterways Management
Division, U.S. Coast Guard; telephone
FOR FURTHER INFORMATION CONTACT:
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414–747–7148, email
Jeromy.N.Sherrill@uscg.mil.
SUPPLEMENTARY INFORMATION:
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, Purpose, and Legal
Basis
On March 16, 2021, the principal of
Sturgeon Bay High School notified the
Coast Guard that it will be conducting
a boat parade for graduates of the Class
of 2021 on May 29, 2021 from 11:00
a.m. through 1:30 p.m. The boat parade
will begin at Madelyn Marine, NW of
Highway 42 bridge, proceed NW to the
Michigan Street Bridge, cross the
channel towards the Maritime Museum,
then proceed SE, crossing back across
the channel and ending at Madelyn
Marine. The Captain of the Port Sector
Lake Michigan (COTP) has determined
that potential hazards associated with
the boat parade would be a safety
concern for anyone within the safety
zone that is not participating in the boat
parade.
The purpose of this rulemaking is to
ensure the safety of vessels and the
navigable waters of Sturgeon Bay
between the Highway 42 Bridge and
Michigan Street Bridge during the event.
The Coast Guard is proposing this
rulemaking under authority in 46 U.S.C.
70034 (previously 33 U.S.C. 1231).
The Coast Guard is issuing this
temporary rule with an abridged 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 undertaking a thirty-day comment
period with respect to this rule because
the Coast Guard received details of the
boat parade with insufficient time
remaining to undergo a full thirty-day
comment period. While it is
impracticable to undergo a full thirtyday comment period and still protect
the public from the hazards associated
with these operations, the Coast Guard
invites comments for the next fifteen
days.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
E:\FR\FM\26APP1.SGM
26APP1
Federal Register / Vol. 86, No. 78 / Monday, April 26, 2021 / Proposed Rules
making this rule effective less than 30
days after publication in the Federal
Register. Delaying the effective date of
this rule would be impracticable for the
same reason stated above—immediate
action is needed to respond to the
potential safety hazards associated with
the boat parade.
III. Discussion of Proposed Rule
The COTP is proposing to establish a
safety zone from 11:00 a.m. through 1:30
p.m. on May 29, 2021. The safety zone
would cover all navigable waters of
Sturgeon Bay between the Highway 42
Bridge and Michigan Street Bridge. The
duration of the zone is intended to
ensure the safety of vessels and these
navigable waters before, during, and
after the boat parade event. No vessels
or person would be permitted to enter
the safety zone without obtaining
permission from 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 characteristics of the
safety zone. The safety zone created by
this proposed rule will relatively small
and is designed to minimize its impact
on navigable waters. This proposed rule
will prohibit entry into certain
navigable waters of Sturgeon Bay, WI,
and it is not anticipated to exceed 2.5
hours in duration. Thus, restrictions on
vessel movement within that particular
area are expected to be minimal.
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,
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16:46 Apr 23, 2021
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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
with the fundamental federalism
principles and preemption requirements
described in Executive Order 13132.
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21989
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 safety zone lasting 2.5
hours that would prohibit entry within
a relatively small portion of Sturgeon
Bay. 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.
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26APP1
21990
Federal Register / Vol. 86, No. 78 / Monday, April 26, 2021 / Proposed Rules
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 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard proposes to
amend 33 CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
■
Authority: 46 U.S.C. 70034, 70051; 33 CFR
1.05–1, 6.04–1, 6.04–6, and 160.5;
VerDate Sep<11>2014
16:46 Apr 23, 2021
Jkt 253001
Department of Homeland Security Delegation
No. 0170.1.
2. Add § 165.T09–0192 to read as
follows:
■
§ 165.T09–0192 Safety Zone; Graduate
Boat Parade, Sturgeon Bay, WI.
(a) Location. All navigable waters of
Sturgeon Bay between the Highway 42
Bridge and Michigan Street Bridge.
(b) Enforcement Period. The safety
zone described in paragraph (a) would
be effective on May 29, 2021 from 11:00
a.m. through 1:30 p.m.
(c) Regulations.
(1) In accordance with the general
regulations in section § 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 during the boat parade 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: April 14, 2021.
D.P. Montoro,
Captain, U.S. Coast Guard, Captain of the
Port Lake Michigan.
[FR Doc. 2021–08507 Filed 4–23–21; 8:45 am]
BILLING CODE 9110–04–P
LIBRARY OF CONGRESS
Copyright Office
37 CFR Parts 201, 203 and 221
[Docket No. 2021–2]
Copyright Alternative in Small-Claims
Enforcement (‘‘CASE’’) Act
Regulations: Expedited Registration
and FOIA
U.S. Copyright Office, Library
of Congress.
ACTION: Notice of proposed rulemaking.
AGENCY:
The U.S. Copyright Office is
issuing a notice of proposed rulemaking
SUMMARY:
PO 00000
Frm 00026
Fmt 4702
Sfmt 4702
regarding a new expedited registration
option and a conforming amendment to
the Office’s Freedom of Information Act
regulations, under the Copyright
Alternative in Small-Claims
Enforcement Act. To qualify for this
expedited registration option, the
work(s) being registered must be the
subject of a claim or counterclaim before
the Copyright Claims Board. The Office
invites public comments on this
proposed rule.
DATES: Written comments must be
received no later than 11:59 p.m.
Eastern Time on May 26, 2021.
ADDRESSES: For reasons of governmental
efficiency, the Copyright Office is using
the regulations.gov system for the
submission and posting of public
comments in this proceeding. All
comments are therefore to be submitted
electronically through regulations.gov.
Specific instructions for submitting
comments are available on the
Copyright Office website at https://
copyright.gov/rulemaking/case-actimplementation/expedited-registration.
If electronic submission of comments is
not feasible due to lack of access to a
computer and/or the internet, please
contact the Office using the contact
information below for special
instructions.
FOR FURTHER INFORMATION CONTACT: John
R. Riley, Assistant General Counsel, by
email at jril@copyright.gov, Brad A.
Greenberg, Assistant General Counsel,
by email at brgr@copyright.gov. Each
can be contacted by telephone at (202)
707–8350.
SUPPLEMENTARY INFORMATION:
I. Background
A. Expedited Registration
On December 27, 2020, the President
signed into law the Copyright
Alternative in Small-Claims
Enforcement (‘‘CASE’’) Act of 2020.1
The CASE Act establishes the Copyright
Claims Board (‘‘CCB’’ or ‘‘Board’’), a
voluntary, alternative forum to federal
court for parties to seek resolution of
copyright disputes that have a low
economic value (‘‘small copyright
claims’’).2 The creation of the CCB does
1 Public Law 116–260, sec. 212, 134 Stat. 1182,
2176 (2020).
2 See, e.g., H.R. Rep. No. 116–252, at 18–20
(2019); S. Rep. No. 116–105, at 7–8 (2019). Note, the
CASE Act legislative history cited is for H.R. 2426
and S. 1273, the CASE Act of 2019, a bill nearly
identical to the CASE Act of 2020. See H.R. 2426,
116th Cong. (2019); S. 1273, 116th Cong. (2019). In
developing the CASE Act, Congress drew on model
legislation in the Office’s 2013 policy report,
Copyright Small Claims, https://www.copyright.gov/
docs/smallclaims/usco-smallcopyrightclaims.pdf
(‘‘Copyright Small Claims’’). Congress also
incorporated the Office’s report and supporting
E:\FR\FM\26APP1.SGM
26APP1
]]>Agencies
[Federal Register Volume 86, Number 78 (Monday, April 26, 2021)]
[Proposed Rules]
[Pages 21988-21990]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-08507]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2021-0192]
RIN 1625-AA00
Safety Zone; Graduate Boat Parade, Sturgeon Bay, WI
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is proposing to establish a temporary safety
zone for certain waters of Sturgeon Bay, WI. This action is necessary
to provide for the safety of life on these navigable waters during the
boat parade for the Graduates of Sturgeon Bay High School on May 29,
2021. This proposed rulemaking would restrict usage by persons and
vessels within the safety zone. At no time during the effective period
may non-parade vessels transit the waters of Sturgeon Bay between the
Highway 42 Bridge and Michigan Street Bridge. These restrictions would
apply to all vessels during the effective period unless 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 May 11, 2021.
ADDRESSES: You may submit comments identified by docket number USCG-
2021-0921 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 Jeromy Sherrill,
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 March 16, 2021, the principal of Sturgeon Bay High School
notified the Coast Guard that it will be conducting a boat parade for
graduates of the Class of 2021 on May 29, 2021 from 11:00 a.m. through
1:30 p.m. The boat parade will begin at Madelyn Marine, NW of Highway
42 bridge, proceed NW to the Michigan Street Bridge, cross the channel
towards the Maritime Museum, then proceed SE, crossing back across the
channel and ending at Madelyn Marine. The Captain of the Port Sector
Lake Michigan (COTP) has determined that potential hazards associated
with the boat parade would be a safety concern for anyone within the
safety zone that is not participating in the boat parade.
The purpose of this rulemaking is to ensure the safety of vessels
and the navigable waters of Sturgeon Bay between the Highway 42 Bridge
and Michigan Street Bridge during the event. The Coast Guard is
proposing this rulemaking under authority in 46 U.S.C. 70034
(previously 33 U.S.C. 1231).
The Coast Guard is issuing this temporary rule with an abridged
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 undertaking a thirty-day comment period with respect to
this rule because the Coast Guard received details of the boat parade
with insufficient time remaining to undergo a full thirty-day comment
period. While it is impracticable to undergo a full thirty-day comment
period and still protect the public from the hazards associated with
these operations, the Coast Guard invites comments for the next fifteen
days.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for
[[Page 21989]]
making this rule effective less than 30 days after publication in the
Federal Register. Delaying the effective date of this rule would be
impracticable for the same reason stated above--immediate action is
needed to respond to the potential safety hazards associated with the
boat parade.
III. Discussion of Proposed Rule
The COTP is proposing to establish a safety zone from 11:00 a.m.
through 1:30 p.m. on May 29, 2021. The safety zone would cover all
navigable waters of Sturgeon Bay between the Highway 42 Bridge and
Michigan Street Bridge. The duration of the zone is intended to ensure
the safety of vessels and these navigable waters before, during, and
after the boat parade event. No vessels or person would be permitted to
enter the safety zone without obtaining permission from 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
characteristics of the safety zone. The safety zone created by this
proposed rule will relatively small and is designed to minimize its
impact on navigable waters. This proposed rule will prohibit entry into
certain navigable waters of Sturgeon Bay, WI, and it is not anticipated
to exceed 2.5 hours in duration. Thus, restrictions on vessel movement
within that particular area are expected to be minimal. 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 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 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 safety
zone lasting 2.5 hours that would prohibit entry within a relatively
small portion of Sturgeon Bay. 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.
[[Page 21990]]
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 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 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; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No. 0170.1.
0
2. Add Sec. 165.T09-0192 to read as follows:
Sec. 165.T09-0192 Safety Zone; Graduate Boat Parade, Sturgeon Bay,
WI.
(a) Location. All navigable waters of Sturgeon Bay between the
Highway 42 Bridge and Michigan Street Bridge.
(b) Enforcement Period. The safety zone described in paragraph (a)
would be effective on May 29, 2021 from 11:00 a.m. through 1:30 p.m.
(c) Regulations.
(1) In accordance with the general regulations in section 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 during the boat parade 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: April 14, 2021.
D.P. Montoro,
Captain, U.S. Coast Guard, Captain of the Port Lake Michigan.
[FR Doc. 2021-08507 Filed 4-23-21; 8:45 am]
BILLING CODE 9110-04-P
