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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.

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E. Unfunded Mandates Reform Act The Unfunded Mandates Reform Act of 1995 2 U.S.C. 15311538 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 02301, 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. 43214370f, 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 L60a of Appendix A, Table 1 of DHS Instruction Manual 0230100101, 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 DHSs 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 websites 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 165REGULATED 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
1.051, 6.041, 6.046, and 160.5;
Department of Homeland Security Delegation No. 00170.1, Revision No. 01.2.

2. Add 165.T090637 to read as follows:

165.T090637 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: 4437.88 N, 8613.82
W to 4437.83 N, 8614.17 W, to 44
37.54 N, 8613.67 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. 202117752 Filed 81821; 8:45 am BILLING CODE 911004P

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