Rule2022-14434
Safety Zone; Lake Erie; Sandusky, OH
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
July 8, 2022
Effective
July 24, 2022
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is establishing a temporary safety zone for navigable waters near Sandusky Bay in Sandusky, OH. This temporary safety zone is necessary to protect race participants, spectators and support vessels from marine traffic in the vicinity swim portion of the Ironman 70.3 Ohio Triathlon. Entry of vessels or persons into this safety zone is prohibited unless specifically authorized by the Captain of the Port Detroit or his designated representative.
Full Text
<html>
<head>
<title>Federal Register, Volume 87 Issue 130 (Friday, July 8, 2022)</title>
</head>
<body><pre>
[Federal Register Volume 87, Number 130 (Friday, July 8, 2022)]
[Rules and Regulations]
[Pages 40727-40729]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-14434]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2022-0560]
RIN 1625-AA00
Safety Zone; Lake Erie; Sandusky, OH
AGENCY: Coast Guard, Department of Homeland Security (DHS).
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone for
navigable waters near Sandusky Bay in Sandusky, OH. This temporary
safety zone is necessary to protect race participants, spectators and
support vessels from marine traffic in the vicinity swim portion of the
Ironman 70.3 Ohio Triathlon. Entry of vessels or persons into this
safety zone is prohibited unless specifically authorized by the Captain
of the Port Detroit or his designated representative.
DATES: This rule is effective from 4:30 a.m. through 10 a.m. on July
24, 2022.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, type USCG-
2022-0560 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket
[[Page 40728]]
Folder on the line associated with this rule.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email the Tracy Girard, Sector Detroit, Coast Guard; telephone
(313) 475-7475, email <a href="/cdn-cgi/l/email-protection#c89cbaa9abb1e6a5e68fa1baa9baac88bdbbabafe6a5a1a4"><span class="__cf_email__" data-cfemail="1f4b6d7e7c6631723158766d7e6d7b5f6a6c7c7831727673">[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 Information and Regulatory History
The Coast Guard is issuing this temporary rule without prior 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 publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because doing so would be impracticable. The
event sponsor notified the Coast Guard with insufficient time to
accommodate the comment period. Thus, delaying the effective date of
this rule to wait for the comment period to run would prevent the
Captain of the Port (COTP) Detroit from keeping race participants,
spectators, and support vessels safe from marine traffic in the
vicinity swim portion of the Ironman 70.3 Ohio Triathlon. The safety
zone must be established by July 24, 2022.
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 because immediate action is needed to
ensure the safety of the participants and vessels during the Ironman
70.3 Ohio Triathlon on July 24, 2022.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034 (previously 33 U.S.C. 1231). The COTP Detroit has determined that
potential hazards associated with the Ironman 70.3 Ohio Triathlon on
July 24, 2022, will be a safety concern within 400 yards of the Dock
Channel from the Jackson Street Pier to the Shelby Street Boat Launch
for 5.5 hours. This rule is necessary to protect personnel, vessels,
and the marine environment in the navigable waters within the safety
zone while the event is taking place.
IV. Discussion of the Rule
This rule establishes a safety zone that will be enforced from 4:30
a.m. through 10 a.m. on July 24, 2022. The safety zone will encompass
all U.S. navigable waters of Lake Erie within a 400-yard radius of the
dock channel in Sandusky Bay in Sandusky, OH, between the Jackson
Street Pier and the Shelby Street Boat Launch. The duration of the
safety zone is intended to protect personnel, vessels, and the marine
environment in these navigable waters while the Ironman 70.3 Ohio
Triathlon is taking place. Entry into, transiting, or anchoring within
the safety zone is prohibited unless authorized by the COTP Detroit or
his designated representative. The COTP Detroit or his designated
representative may be contacted via VHF Channel 16.
V. Regulatory Analyses
We developed this 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 rule has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, this
rule has not been reviewed by the Office of Management and Budget
(OMB).
This regulatory action determination is based on the size,
location, duration and time-of-day of the safety zone. This safety zone
would impact a small designated area of Sandusky Bay for approximately
5.5 hours, during the morning when vessel traffic is normally low.
Vessel traffic will be able to transit after the time of the event.
Moreover, the Coast Guard would issue a Broadcast Notice to Mariners
via VHF-FM marine channel 16 about the zone, and the rule would allow
vessels to seek permission to enter the safety zone.
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 rule
will 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
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
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 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.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
C. Collection of Information
This rule will 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 rule under that order and have
determined that it is consistent with the fundamental federalism
[[Page 40729]]
principles and preemption requirements described in Executive Order
13132.
Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does 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.
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 rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
F. Environment
We have analyzed this 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 determined 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 rule involves a
safety zone lasting 5.5 hours that will prohibit entry within a 400-
yard radius of the Dock Channel in Sandusky Bay, between the Jackson
Street Pier and the Shelby Street Boat Launch. It is categorically
excluded from further review under paragraph L[60](a) of Appendix A,
Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1. A 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.
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.
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.T09-0560 to read as follows:
Sec. 165.T09-0560 Safety Zone; Lake Erie; Sandusky Bay, OH.
(a) Location. The following area is a temporary safety zone: all
U.S. navigable waters of the Sandusky Bay within a within a 400-yard
radius of the Dock Channel between 41[deg]27'36.48'' N,
082[deg]42'54.84'' W and 41[deg]27'25.05'' N, 082[deg]43'26.64'' W. All
geographic coordinates are North American Datum of 1983 (NAD 83).
(b) Regulations. (1) In accordance with the general regulations in
Sec. 165.23, entry into, transiting or anchoring within this safety
zone is prohibited unless authorized by the Captain of the Port (COTP)
Detroit or his designated representative.
(2) The safety zone described in paragraph (a) of this section is
closed to all vessel traffic, except as may be permitted by the COTP
Detroit or his designated representative.
(3) The ``designated representative'' of the COTP Detroit is any
Coast Guard commissioned, warrant, or petty officer who has been
designated by the Captain of the Port Detroit to act on his behalf. The
designated representative of the COTP Detroit will be aboard either a
Coast Guard or Coast Guard Auxiliary vessel. The COTP Detroit or his
designated representative may be contacted via VHF Channel 16.
(4) Vessel operators desiring to enter or operate within the safety
zone shall contact the COTP Detroit or his designated representative to
obtain permission to do so. Vessel operators given permission to enter
or operate in the safety zone must comply with all directions given to
them by the COTP Detroit or his designated representative.
(c) Enforcement period. This section will be enforced from 4:30
a.m. through 10 a.m. on July 24, 2022. The Captain of the Port Detroit
or a designated representative may suspend enforcement of the safety
zone at any time.
Dated: June 30, 2022.
Brad W. Kelly,
Captain, U.S. Coast Guard, Captain of the Port Detroit.
[FR Doc. 2022-14434 Filed 7-7-22; 8:45 am]
BILLING CODE 9110-04-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on July 8, 2022.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.