Proposed Rule2021-17752
Safety Zone; Ironman Michigan, Frankfort Harbor, MI
Primary source
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Published
August 19, 2021
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
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.
Full Text
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<title>Federal Register, Volume 86 Issue 158 (Thursday, August 19, 2021)</title>
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[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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 <a href="/cdn-cgi/l/email-protection#276d4255484a5e096909744f4255554e4b4b6752544440094a4e4b"><span class="__cf_email__" data-cfemail="1c56796e7371653252324f74796e6e7570705c696f7f7b32717570">[email protected]</span></a>.
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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>. If your material cannot be
submitted using <a href="https://www.regulations.gov">https://www.regulations.gov</a>, 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a> 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a> 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
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