Safety Zone; Graduate Boat Parade, Sturgeon Bay, WI, 26512-26514 [2023-09155]

Download as PDF 26512 Federal Register / Vol. 88, No. 83 / Monday, May 1, 2023 / Proposed Rules with substantive feedback. (AHAM, No. 89). In response to the September 2021 Preliminary Analysis, the California investor-owned utilities (‘‘CA IOUs’’) stated that they were supportive of an equation-based metric that can account for the efficiency differences related to capacity. (CA IOUs, No. 43 at pp. 3–4). In the March 2023 NOPR, DOE did not propose equation-based standards, but noted that given the close relationship between efficiency and capacity, DOE continues to consider whether to specify an equation-based standard for the toploading standard-size product class. 88 FR 13540. DOE has reviewed the request and considered the benefit of allowing interested parties additional time to submit comments regarding the March 2023 NOPR, including feedback on an equation-based approach for energy conservation standards, for DOE’s consideration. Accordingly, DOE has determined that an extension of the public comment period is appropriate, and is hereby extending the comment period by 15 days, until May 17, 2023. Signing Authority This document of the Department of Energy was signed on April 25, 2023, by Francisco Alejandro Moreno, Acting Assistant Secretary for Energy Efficiency and Renewable Energy, pursuant to delegated authority from the Secretary of Energy. That document with the original signature and date is maintained by DOE. For administrative purposes only, and in compliance with requirements of the Office of the Federal Register, the undersigned DOE Federal Register Liaison Officer has been authorized to sign and submit the document in electronic format for publication, as an official document of the Department of Energy. This administrative process in no way alters the legal effect of this document upon publication in the Federal Register. lotter on DSK11XQN23PROD with PROPOSALS1 Signed in Washington, DC, on April 25, 2023. Treena V. Garrett, Federal Register Liaison Officer, U.S. Department of Energy. [FR Doc. 2023–09019 Filed 4–28–23; 8:45 am] BILLING CODE 6450–01–P DEPARTMENT OF THE TREASURY Internal Revenue Service 26 CFR Part 52 [REG–105954–22] RIN 1545–BQ40 Superfund Chemical Taxes; Correction Internal Revenue Service (IRS), Treasury. ACTION: Notice of proposed rulemaking; correction. AGENCY: This document contains corrections to a notice of proposed rulemaking (REG–105954–22) that was published in the Federal Register on Wednesday, March 29, 2023. The proposed rulemaking published in March contains proposed regulations relating to the excise taxes imposed on certain chemicals and certain imported substances, effective July 1, 2022. Such taxes are known as the Superfund chemical taxes. DATES: Written or electronic comments and requests for a public hearing are still being accepted and must be received by May 30, 2023. ADDRESSES: Commenters are strongly encouraged to submit public comments electronically. Submit electronic submissions via the Federal eRulemaking Portal at www.regulations.gov (indicate IRS and REG–105954–22) by following the online instructions for submitting comments. Once submitted to the Federal eRulemaking Portal, comments cannot be edited or withdrawn. The Department of the Treasury (Treasury Department) and the IRS will publish for public availability any comment submitted electronically and on paper, to its public docket. Send paper submissions to: CC:PA:LPD:PR (REG– 120653–22), Room 5203, Internal Revenue Service, P.O. Box 7604, Ben Franklin Station, Washington, DC 20044. FOR FURTHER INFORMATION CONTACT: Concerning the proposed regulations, Stephanie Bland or Amanda Dunlap at (202) 317–6855 (not a toll-free number); concerning submissions of comments and requests for a public hearing, call Vivian Hayes (202) 317–5306 (not a tollfree number) or by email to publichearings@irs.gov (preferred). SUPPLEMENTARY INFORMATION: SUMMARY: Background The notice of proposed rulemaking that is the subject of this document is under sections 4661, 4662, 4671 and 4672 of the Internal Revenue Code. VerDate Sep<11>2014 16:01 Apr 28, 2023 Jkt 259001 PO 00000 Frm 00002 Fmt 4702 Sfmt 4702 Need for Correction As published, the notice of proposed rulemaking (REG–105954–22) (FR 2023– 06278), beginning on page 18446 in the issue of March 29, 2023, contains errors that need to be corrected. ■ 1. On page 18453, in the second column, the heading ‘‘VII. Definitions Relating to Sections 4671’’ is corrected to read ‘‘VII. Definitions Relating to Sections 4671 and 4672’’. § 52.4662–2 [Corrected] 2. On page 18462, in the first column, in paragraph (g)(3)(iii) of § 52.4662–2, the language ‘‘refinery grade’’ is corrected to read ‘‘refinery-grade’’, wherever it appears. ■ Oluwafunmilayo A. Taylor, Branch Chief, Publications and Regulations Branch, Legal Processing Division, Associate Chief Counsel (Procedure and Administration). [FR Doc. 2023–09003 Filed 4–28–23; 8:45 am] BILLING CODE 4830–01–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG–2023–0342] 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 June 3, 2023. 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 16, 2023. ADDRESSES: You may submit comments identified by docket number USCG– SUMMARY: E:\FR\FM\01MYP1.SGM 01MYP1 Federal Register / Vol. 88, No. 83 / Monday, May 1, 2023 / Proposed Rules 2023–0342 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 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 lotter on DSK11XQN23PROD with PROPOSALS1 II. Background, Purpose, and Legal Basis On April 10, 2023, the principal of Sturgeon Bay High School notified the Coast Guard that they will be conducting a boat parade for graduates of the Class of 2023 on June 3, 2023 from 11:15 a.m. through 1 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 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). III. Discussion of Proposed Rule The Captain of the Port is proposing to establish a safety zone from 10 a.m. through 2 p.m. on June 3, 2023. 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 VerDate Sep<11>2014 16:01 Apr 28, 2023 Jkt 259001 Captain of the Port 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 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 Captain of the Port 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 PO 00000 Frm 00003 Fmt 4702 Sfmt 4702 26513 jurisdiction qualifies as a small entity and that this proposed 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 proposed 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 rulemaking 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 E:\FR\FM\01MYP1.SGM 01MYP1 26514 Federal Register / Vol. 88, No. 83 / Monday, May 1, 2023 / Proposed Rules 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 rulemaking 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 4 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. lotter on DSK11XQN23PROD with PROPOSALS1 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. VerDate Sep<11>2014 16:01 Apr 28, 2023 Jkt 259001 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. (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 25, 2023. Doreen McCarthy, Commander, U.S. Coast Guard, Alternate Captain of the Port Lake Michigan. [FR Doc. 2023–09155 Filed 4–28–23; 8:45 am] BILLING CODE 9110–04–P 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 DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 181 46 CFR Parts 25, 28, 108, 117, 133, 141, 160, 169, 180 and 199 ■ 1. The authority citation for part 165 continues to read as follows: [Docket No. USCG–2022–0120] Authority: 46 U.S.C. 70034, 70051, 70124; 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; Department of Homeland Security Delegation No. 00170.1, Revision No. 01.3. RIN 1625–AC62 2. Add § 165.T09–0342 to read as follows: ■ § 165.T09–0342 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 June 3, 2023 from 10 a.m. through 2 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. PO 00000 Frm 00004 Fmt 4702 Sfmt 9990 Lifejacket Approval Harmonization Correction In proposed rule document 2023– 06504, appearing on pages 21016–21058 in the issue of Friday, April 7, 2023, make the following correction: § 160.060–15 [Corrected] On page 21050, in the second column, in paragraph (e)(2), in the third and fourth lines, ‘‘not less than 151 2044;2 pounds of buoyancy in fresh water’’ is corrected to read ‘‘not less than 151⁄2 pounds of buoyancy in fresh water’’. ■ [FR Doc. C1–2023–06504 Filed 4–28–23; 8:45 am] BILLING CODE 0099–10–P E:\FR\FM\01MYP1.SGM 01MYP1

Agencies

[Federal Register Volume 88, Number 83 (Monday, May 1, 2023)]
[Proposed Rules]
[Pages 26512-26514]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-09155]


=======================================================================
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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2023-0342]
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 June 3, 
2023. 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 16, 2023.

ADDRESSES: You may submit comments identified by docket number USCG-

[[Page 26513]]

2023-0342 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 April 10, 2023, the principal of Sturgeon Bay High School 
notified the Coast Guard that they will be conducting a boat parade for 
graduates of the Class of 2023 on June 3, 2023 from 11:15 a.m. through 
1 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 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).

III. Discussion of Proposed Rule

    The Captain of the Port is proposing to establish a safety zone 
from 10 a.m. through 2 p.m. on June 3, 2023. 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 Captain of the Port 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 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 Captain of the Port 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 proposed 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 proposed 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 rulemaking 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

[[Page 26514]]

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 rulemaking 
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 4 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, 70124; 33 CFR 1.05-1, 6.04-1, 
6.04-6, and 160.5; Department of Homeland Security Delegation No. 
00170.1, Revision No. 01.3.


0
2. Add Sec.  165.T09-0342 to read as follows:


Sec.  165.T09-0342  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 June 3, 2023 from 10 a.m. through 2 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 25, 2023.
Doreen McCarthy,
Commander, U.S. Coast Guard, Alternate Captain of the Port Lake 
Michigan.
[FR Doc. 2023-09155 Filed 4-28-23; 8:45 am]
BILLING CODE 9110-04-P
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