Safety Zone; Ironman Michigan, Frankfort Harbor, MI, 46636-46638 [2021-17752]

Download as PDF 46636 Federal Register / Vol. 86, No. 158 / Thursday, August 19, 2021 / Proposed Rules example, you may wish to discuss: (1) Whether we have organized the material to suit your needs; (2) whether the requirements of the rule are clear; or (3) whether there is something else we could do to make the rule easier to understand. Regulatory Planning and Review The proposed rule does not meet the criteria for a ‘‘significant regulatory action’’ as defined in Executive Order 12866. Therefore, the regulatory review procedures contained therein do not apply. Regulatory Flexibility Act Analysis It is hereby certified that the proposed rule will not have a significant economic impact on a substantial number of small entities. The proposed rule imposes on the Federal Government a number of changes that Nacha has already adopted and imposed on private sector entities that utilize the ACH Network. The proposed rule does not impose any additional burdens, costs or impacts on any private sector entities, including any small entities. Accordingly, a regulatory flexibility analysis under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) is not required. lotter on DSK11XQN23PROD with PROPOSALS1 Unfunded Mandates Act of 1995 Section 202 of the Unfunded Mandates Reform Act of 1995, 2 U.S.C. 1532 (Unfunded Mandates Act), requires that the agency prepare a budgetary impact statement before promulgating any rule likely to result in a Federal mandate that may result in the expenditure by State, local, and tribal governments, in the aggregate, or by the private sector, of $100 million or more in any one year. If a budgetary impact statement is required, section 205 of the Unfunded Mandates Act also requires the agency to identify and consider a reasonable number of regulatory alternatives before promulgating the rule. We have determined that the proposed rule will not result in expenditures by State, local, and tribal governments, in the aggregate, or by the private sector, of $100 million or more in any one year. Accordingly, we have not prepared a budgetary impact statement or specifically addressed any regulatory alternatives. List of Subjects in 31 CFR Part 210 Automated Clearing House, Electronic funds transfer, Financial institutions, Fraud, Incorporation by reference. VerDate Sep<11>2014 16:45 Aug 18, 2021 Jkt 253001 Words of Issuance For the reasons set out in the preamble, the Fiscal Service proposes to amend 31 CFR part 210 as follows: PART 210—FEDERAL GOVERNMENT PARTICIPATION IN THE AUTOMATED CLEARING HOUSE 1. The authority citation for part 210 continues to read as follows: ■ Authority: 5 U.S.C. 5525; 12 U.S.C. 391; 31 U.S.C. 321, 3301, 3302, 3321, 3332, 3335, and 3720. information on the availability of this material at NARA, email fr.inspection@ nara.gov or go to www.archives.gov/ federal-register/cfr/ibr-locations.html. (1) Nacha, 2550 Wasser Terrace, Suite 400, Herndon, Virginia 20171, tel. 703– 561–1100, info@nacha.org. (i) 2021 Nacha Operating Rules & Guidelines, with an effective date on or before March 31, 2021. (ii) Supplement #1–2021 to the 2021 Nacha Operating Rules & Guidelines. (2) [Reserved] * * * * * 2. In § 210.2: a. Revise paragraph (a) and the introductory text to paragraph (d); ■ b. Redesignate paragraphs (d)(2) through (7) as paragraphs (d)(3) through (8); and ■ c. Add new paragraph (d)(2). The revisions and addition read as follows: David A. Lebryk, Fiscal Assistant Secretary. § 210.2 Coast Guard ■ ■ Definitions. * * * * * (a) ACH Rules means the Operating Rules and the Operating Guidelines published by Nacha, a national association of regional member clearing house associations, ACH Operators, and participating financial institutions located in the United States. * * * * * (d) Applicable ACH Rules means the ACH Rules as published in ‘‘2021 Nacha Operating Rules & Guidelines: A Complete Guide to Rules Governing the ACH Network’’and Supplement #1– 2021 (both incorporated by reference, see § 210.3(b)), except: * * * * * (2) Section 1.14 (governing the Participating DFI Contact registry); * * * * * ■ 3. In § 210.3, revise paragraph (b) to read as follows: § 210.3 Governing law. * * * * * (b) Incorporation by reference. Certain material is incorporated by reference into this part with the approval of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than that specified in this section, the Bureau of Fiscal Service must publish a document in the Federal Register and the material must be available to the public. All approved material is available for inspection at the Bureau of the Fiscal Service, 401 14th Street SW, Room 400A, Washington, DC 20227, and from the sources listed elsewhere in this paragraph. It is also available for inspection at the National Archives and Records Administration (NARA). For PO 00000 Frm 00031 Fmt 4702 Sfmt 4702 [FR Doc. 2021–17268 Filed 8–18–21; 8:45 am] BILLING CODE P DEPARTMENT OF HOMELAND SECURITY 33 CFR Part 165 [Docket Number USCG–2021–0637] RIN 1625–AA00 Safety Zone; Ironman Michigan, Frankfort Harbor, MI Coast Guard, DHS. Notice of proposed rulemaking. AGENCY: ACTION: SUMMARY: The Coast Guard is proposing to establish a temporary safety zone for certain waters of Betsie Lake in Frankfort, MI. This action is necessary to provide for the safety of life on these navigable waters during the swim portion of an Ironman event on September 12, 2021. This proposed rulemaking would restrict usage by persons and vessels within the safety zone. At no time during the effective period may vessels transit the waters of Betsie Lake in the vicinity of a triangular shaped race course enclosed by the following three coordinates: 44°37.88′ N, 86°13.82′ W to 44°37.83′ N, 86°14.17′ W, to 44°37.54′ N, 86°13.67′ W then back to the starting point. The race course will be marked by buoys. These restrictions would apply to all vessels during the effective period unless authorized by the Captain of the Port Lake Michigan (COTP) 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 September 3, 2021. ADDRESSES: You may submit comments identified by docket number USCG– 2021–0637 using the Federal eRulemaking Portal at https:// E:\FR\FM\19AUP1.SGM 19AUP1 Federal Register / Vol. 86, No. 158 / Thursday, August 19, 2021 / Proposed Rules 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 Jeromy.N.Sherrill@uscg.mil. SUPPLEMENTARY INFORMATION: I. Table of Abbreviations lotter on DSK11XQN23PROD with PROPOSALS1 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 8, 2021, the Coast Guard was notified by the event sponsor of its intent to host Ironman Michigan in Frankfort, MI on September 12, 2021 from 5:00 a.m. to 11:00 a.m. The swim area had not yet be finalized. On July 23, 2021 the Coast Guard was notified of the finalized location of the swim portion of the event. The swim will begin near Frankfort Municipal Marina in Betsie Lake. The race course will be triangular shaped area enclosed by the following coordinates: 44°37.88′ N, 86°13.82′ W to 44°37.83′ N, 86°14.17′ W, to 44°37.54′ N, 86°13.67′ W then back to the starting point. The race course will be marked by buoys. The COTP has determined that potential hazards associated with the triathlon would be a safety concern for anyone within the safety zone that is not participating in the triathlon. The purpose of this rulemaking is to ensure the safety of person, vessels and the navigable waters of Betsie Lake, MI. 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 VerDate Sep<11>2014 16:45 Aug 18, 2021 Jkt 253001 period with respect to this rule because the Coast Guard received details of the finalize swim area 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 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 triathlon. III. Discussion of Proposed Rule The COTP is proposing to establish a safety zone from 5:00 a.m. through 11:00 a.m. on September 12, 2021. The safety zone will cover all waters of Betsie Lake in the vicinity of a triangular shaped race course near Frankfort Municipal Marina in Frankfort, MI. The duration of the zone is intended to ensure the safety of vessels and these navigable waters before, during, and after the triathlon 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 PO 00000 Frm 00032 Fmt 4702 Sfmt 4702 46637 navigable waters of Betsie Lake in Frankfort, MI, and it is not anticipated to exceed 6 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. 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 E:\FR\FM\19AUP1.SGM 19AUP1 46638 Federal Register / Vol. 86, No. 158 / Thursday, August 19, 2021 / Proposed Rules (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. lotter on DSK11XQN23PROD with PROPOSALS1 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 VerDate Sep<11>2014 16:45 Aug 18, 2021 Jkt 253001 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. 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. PO 00000 Frm 00033 Fmt 4702 Sfmt 9990 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 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. 00170.1, Revision No. 01.2. 2. Add § 165.T09–0637 to read as follows: ■ § 165.T09–0637 Safety Zone; Ironman Michigan, Frankfort, MI (a) Location. All waters of Betsie Lake in the vicinity of a triangular shaped race course enclosed by the following three coordinates: 44°37.88′ N, 86°13.82′ W to 44°37.83′ N, 86°14.17′ W, to 44° 37.54′ N, 86°13.67′ W then back to the starting point. (b) Enforcement Period. The safety zone described in paragraph (a) would be effective on September 12, 2021 from 5:00 a.m. through 11:00 a.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 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 swim portion of the triathlon 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 10, 2021. D.P. Montoro, Captain, U.S. Coast Guard, Captain of the Port Lake Michigan. [FR Doc. 2021–17752 Filed 8–18–21; 8:45 am] BILLING CODE 9110–04–P E:\FR\FM\19AUP1.SGM 19AUP1

Agencies

[Federal Register Volume 86, Number 158 (Thursday, August 19, 2021)]
[Proposed Rules]
[Pages 46636-46638]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-17752]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2021-0637]
RIN 1625-AA00


Safety Zone; Ironman Michigan, Frankfort Harbor, MI

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard is proposing to establish a temporary safety 
zone for certain waters of Betsie Lake in Frankfort, MI. This action is 
necessary to provide for the safety of life on these navigable waters 
during the swim portion of an Ironman event on September 12, 2021. This 
proposed rulemaking would restrict usage by persons and vessels within 
the safety zone. At no time during the effective period may vessels 
transit the waters of Betsie Lake in the vicinity of a triangular 
shaped race course enclosed by the following three coordinates: 
44[deg]37.88' N, 86[deg]13.82' W to 44[deg]37.83' N, 86[deg]14.17' W, 
to 44[deg]37.54' N, 86[deg]13.67' W then back to the starting point. 
The race course will be marked by buoys. These restrictions would apply 
to all vessels during the effective period unless authorized by the 
Captain of the Port Lake Michigan (COTP) 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 September 3, 2021.

ADDRESSES: You may submit comments identified by docket number USCG-
2021-0637 using the Federal eRulemaking Portal at https://

[[Page 46637]]

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 8, 2021, the Coast Guard was notified by the event sponsor 
of its intent to host Ironman Michigan in Frankfort, MI on September 
12, 2021 from 5:00 a.m. to 11:00 a.m. The swim area had not yet be 
finalized. On July 23, 2021 the Coast Guard was notified of the 
finalized location of the swim portion of the event. The swim will 
begin near Frankfort Municipal Marina in Betsie Lake. The race course 
will be triangular shaped area enclosed by the following coordinates: 
44[deg]37.88' N, 86[deg]13.82' W to 44[deg]37.83' N, 86[deg]14.17' W, 
to 44[deg]37.54' N, 86[deg]13.67' W then back to the starting point. 
The race course will be marked by buoys. The COTP has determined that 
potential hazards associated with the triathlon would be a safety 
concern for anyone within the safety zone that is not participating in 
the triathlon.
    The purpose of this rulemaking is to ensure the safety of person, 
vessels and the navigable waters of Betsie Lake, MI. 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 finalize swim 
area 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 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 triathlon.

III. Discussion of Proposed Rule

    The COTP is proposing to establish a safety zone from 5:00 a.m. 
through 11:00 a.m. on September 12, 2021. The safety zone will cover 
all waters of Betsie Lake in the vicinity of a triangular shaped race 
course near Frankfort Municipal Marina in Frankfort, MI. The duration 
of the zone is intended to ensure the safety of vessels and these 
navigable waters before, during, and after the triathlon 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 Betsie Lake in Frankfort, MI, and it is not 
anticipated to exceed 6 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.

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

[[Page 46638]]

(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. 
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 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; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No. 
00170.1, Revision No. 01.2.


0
2. Add Sec.  165.T09-0637 to read as follows:


Sec.  165.T09-0637  Safety Zone; Ironman Michigan, Frankfort, MI

    (a) Location. All waters of Betsie Lake in the vicinity of a 
triangular shaped race course enclosed by the following three 
coordinates: 44[deg]37.88' N, 86[deg]13.82' W to 44[deg]37.83' N, 
86[deg]14.17' W, to 44[deg] 37.54' N, 86[deg]13.67' W then back to the 
starting point.
    (b) Enforcement Period. The safety zone described in paragraph (a) 
would be effective on September 12, 2021 from 5:00 a.m. through 11:00 
a.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 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 swim portion of the triathlon 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 10, 2021.
D.P. Montoro,
Captain, U.S. Coast Guard, Captain of the Port Lake Michigan.
[FR Doc. 2021-17752 Filed 8-18-21; 8:45 am]
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