Rule2023-15227
Special Local Regulation; Iron Man 70.3 Triathlon, 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 19, 2023
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard will establish and enforce a special local regulation for the Ironman 70.3 Ohio Triathlon from 4:30 a.m. through 10 a.m. on July 23. 2023. This special local regulation is necessary to safely control vessel movements in the vicinity of the triathlon and provide for the safety of the general boating public and commercial shipping. During this enforcement period, no person or vessel may enter the regulated area without the permission of the Coast Guard Patrol Commander.
Full Text
<html>
<head>
<title>Federal Register, Volume 88 Issue 137 (Wednesday, July 19, 2023)</title>
</head>
<body><pre>
[Federal Register Volume 88, Number 137 (Wednesday, July 19, 2023)]
[Rules and Regulations]
[Pages 46073-46075]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-15227]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2023-0536]
RIN 1625-AA08
Special Local Regulation; Iron Man 70.3 Triathlon, Lake Erie;
Sandusky, OH
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard will establish and enforce a special local
regulation for the Ironman 70.3 Ohio Triathlon from 4:30 a.m. through
10 a.m. on July 23. 2023. This special local regulation is necessary to
safely control vessel movements in the vicinity of the triathlon and
provide for the safety of the general boating public and commercial
shipping. During this enforcement period, no person or vessel may enter
the regulated area without the permission of the Coast Guard Patrol
Commander.
DATES: This special local regulation will be enforced from 4:30 a.m.
through 10 a.m. on July 23, 2023.
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-
2023-0536 in the ``SEARCH'' box and click ``SEARCH.'' Next, in the
Document Type column, select ``Supporting & Related Material.''
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email the Command Duty Officer, MST1 Karl Dirksmeyer, Marine
Safety Unit
[[Page 46074]]
Toledo, Coast Guard; telephone (419) 392-0324, email <a href="/cdn-cgi/l/email-protection#f8bcc8c1d5abb5bad5b5abadac97949d9c97d5afafb5b88d8b9b9fd6959194"><span class="__cf_email__" data-cfemail="f7b3c7cedaa4bab5dabaa4a2a3989b929398daa0a0bab782849490d99a9e9b">[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 final 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 we must establish this special local
regulation by July 23, 2023.
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 regulation would be impracticable.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70041. The Captain of the Port Detroit (COTP) has determined that
potential hazards associated with the Ironman 70.3 Ohio Triathlon on
July 23, 2023, will be a safety concern within 400 yards of the Dock
Channel from the Jackson Street Pier to the Shelby Street Boat Launch
for five and a half hours. This rule is needed to protect personnel,
vessels, and the marine environment in the navigable waters near the
Jackson St. Pier, Sandusky, OH.
IV. Discussion of the Rule
This rule establishes a special local regulation from 4:30 a.m.
through 10 a.m. on July 23, 2023. In light of the aforementioned
hazards, the COTP has determined that a special local regulation is
necessary to protect spectators, vessels, and participants. The special
local regulation will encompass the following waterway: 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 COTP or his designated on-
scene representative will notify the public of the enforcement of this
rule by all appropriate means, including a Broadcast Notice to
Mariners.
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 special local regulation.
Vessel traffic will not be able to safely transit around this regulated
area which would impact a small designated area of Sandusky Bay for a
short duration, during the morning when vessel traffic is normally low.
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 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
area 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
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
[[Page 46075]]
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 special local
regulation lasts five and one half hours that will prohibit entry
within 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[61] 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 100
Marine safety, Navigation (water), Reporting and record keeping
requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 100 as follows:
PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS
0
1. The authority citation for part 100 continues to read as follows:
Authority: 46 U.S.C. 70041; 33 CFR 1.05-1.
0
2. Add Sec. 100.T05-911 to read as follows:
Sec. 100.T05-911 Special Local Regulations; Ironman 70.3 Triathlon,
Lake Erie; Sandusky Bay, OH.
(a) Location. This special local regulation lasts 5.5 hours and
will limit entry within the navigable waters of Sandusky Bay within a
within a 400-yard radius of the Dock Channel between located at
position 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) Enforcement Period. The regulation will be enforced from 4:30
a.m. through 10 a.m. on July 23, 2023. The Captain of the Port Detroit
will announce specific enforcement periods by Broadcast Notice to
Mariners (BNM).
(c) Regulations.
(1) In accordance with the general regulations in Sec. 100.911(b),
No vessel may enter, transit through, or anchor within the regulated
area without the permission of the Coast Guard Patrol Commander.
(2) Vessel operators desiring to enter or operate within the
regulated area shall contact the Coast Guard Patrol Commander to obtain
permission to do so. Vessel operators given permission to enter or
operate within the regulated area must comply with all directions given
to them by the Coast Guard Patrol Commander.
Dated: July 13, 2023.
Richard P. Armstrong,
Captain, U.S. Coast Guard, Captain of the Port Detroit.
[FR Doc. 2023-15227 Filed 7-18-23; 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 19, 2023.
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.