Safety Zone; Ironman Michigan, Frankfort Harbor, MI, 46636-46638 [2021-17752]
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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.
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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
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[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://
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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
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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
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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
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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
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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.
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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
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]]>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.
-----------------------------------------------------------------------
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]
BILLING CODE 9110-04-P
