Rule2024-21070
Special Local Regulation; Kailua Bay, Ironman World Championship, Kailua-Kona, Hawaii
Primary source
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Published
September 17, 2024
Effective
October 20, 2024
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is establishing a temporary special local regulation for certain waters of Kailua Bay, Hawaii, from Kailua Pier to about 3 miles southeast in Kahului Bay. This action is necessary to protect persons on these navigable waters located at Kailua-Kona, HI, during the swim portion of the Ironman World Championship Triathlon and practice swim held on October 20 and 26, 2024. Entry of persons and vessels into the regulated area is prohibited unless specifically authorized by the Sector Honolulu Captain of the Port.
Full Text
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<title>Federal Register, Volume 89 Issue 180 (Tuesday, September 17, 2024)</title>
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[Federal Register Volume 89, Number 180 (Tuesday, September 17, 2024)]
[Rules and Regulations]
[Pages 75968-75971]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-21070]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2024-0771]
RIN 1625-AA08
Special Local Regulation; Kailua Bay, Ironman World Championship,
Kailua-Kona, Hawaii
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary special local
regulation for certain waters of Kailua Bay, Hawaii, from Kailua Pier
to about 3 miles southeast in Kahului Bay. This action is necessary to
protect persons on these navigable waters located at Kailua-Kona, HI,
during the swim portion of the Ironman World Championship Triathlon and
practice swim held on October 20 and 26, 2024. Entry of persons and
vessels into the regulated area is prohibited unless specifically
authorized by the Sector Honolulu Captain of the Port.
DATES: This rule is effective from 3:45 a.m. to 1:30 p.m., on October
20 and 26, 2024.
ADDRESSES: To view documents mentioned in this preamble as being
[[Page 75969]]
available in the docket, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, type USCG-
2024-0771 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 about this rule,
call or email Petty Officer Vivian S. Gonzalez, Waterways Management
Division, U.S. Coast Guard Sector Honolulu; telephone (808) 522-8264,
email <a href="/cdn-cgi/l/email-protection#e7b18e918e8689c9b4c9a088899d868b829da792948480c98a8e8b"><span class="__cf_email__" data-cfemail="7127180718101f5f225f361e1f0b101d140b31040212165f1c181d">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
SLR Special Local Regulation
U.S.C. United States Code
II. Background Information and Regulatory History
The Coast Guard is issuing this temporary rule under authority in 5
U.S.C. 553(b)(B). This statutory 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.'' This annually
reoccurring event has a permanent special local regulation, 33 CFR
100.1402, with enforcement dates on the first two weekends in October.
This year, however, the event is occurring on October 20 and 26, 2024
due to conflicts of schedules. The Coast Guard finds that good cause
exists for not publishing a notice of proposed rulemaking (NPRM) with
respect to this rule because prompt action is necessary to respond to
the potential safety hazards associated with the swim event. It is
impracticable to publish an NPRM because we must establish this special
local regulation by October 20, 2024.
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 Sector Honolulu (COTP) has determined
that potential safety hazards exist necessitating the movement
restriction of all vessels and persons, including event participants,
in the regulated area. The purpose of this rule is to ensure safety of
persons and navigable waters in the regulated area before, during, and
after the events.
IV. Discussion of the Rule
This rule establishes a special local regulation from 3:45 a.m. to
1:30 p.m., on October 20 and 26, 2024. The regulated area will cover
all navigable waters of Kailua Bay within 100 yards adjacent to the 2.4
mile (4,224 yards) swim course, starting at the shoreline northeast of
Kailua Pier at 19[deg]38.341' N, 155[deg]59.782' W; thence southeast to
19[deg]37.416' N, 155[deg]59.444' W; thence southwest to 19[deg]37.397'
N, 155[deg]59.500' W; thence northwest to 19[deg]38.150' N,
155[deg]59.760' W, thence north and back to Kailua Pier at
19[deg]38.398' N, 155[deg]59.816' W, and returning along the pier to
the originating point on the shoreline at 19[deg]38.341' N,
155[deg]59.782' W.
The duration of the rule and size of the regulated area is intended
to protect personnel, vessels, and the marine environment in these
navigable waters before, during, and after the event scheduled from
3:45 a.m. to 1:30 p.m. on October 20 and 26, 2024. The COTP and Coast
Guard Patrol Commander (PATCOM) will have authority to forbid and
control the movement of all vessels and persons, including event
participants, in the regulated area. When hailed or signaled by an
official patrol, a vessel or person in the regulated area will be
required to immediately comply with the lawful directions given by the
COTP or PATCOM. If a person or vessel fails to follow such directions,
the Coast Guard may expel them from the area, issue them a citation for
failure to comply, or both.
Except for event participants and vessels already identified as
part of the event safety or security, a vessel or person will be
required to get permission from the COTP or PATCOM before entering the
regulated area while the rule is enforced. Vessel operators can request
permission to enter and transit through the regulated area by
contacting the PATCOM on VHF-FM channel 16. Vessel traffic will be able
to safely transit the regulated area once the PATCOM deems it safe to
do so. A person or vessel not registered with the event sponsor as a
participant or assigned as official patrols will be considered a
spectator. Official Patrols are any vessel assigned or approved by the
Commander, Coast Guard Sector Honolulu, with a commissioned, warrant,
or petty officer on board.
If permission is granted by the COTP or PATCOM, a person or vessel
will be allowed to enter the regulated area or pass directly through
the regulated area as instructed. Vessels will be required to operate
at a safe speed while within the regulated area. Official patrol
vessels will assist with the safety of the event and ensure spectator
vessels remain outside the regulated area. The designated swim area
will remain closed until the scheduled swim events have concluded and
the regulated area is deemed safe for normal operations.
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 section 3(f) of Executive Order 12866, as
amended by Executive Order 14094 (Modernizing Regulatory Review).
Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB).
This regulatory action determination is based on size, location,
duration, and time-of-day of the rule. Vessel traffic will be able to
safely transit around the regulated area which will impact a small,
designated area of the Kailua-Kona Bay for less than 10 hours during
two weekends when vessel traffic is normally low. Moreover, the Coast
Guard will issue a Broadcast Notice to Mariners via VHF-FM marine
channel 16 about the regulated area, and the rule will allow vessels to
seek permission to enter the regulated area, as well as a Local Notice
to Mariners to prepare all waterways users.
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
regulated area may be small entities, for the reasons stated in section
V.A above, this
[[Page 75970]]
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 will 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 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
implementation of regulations within 33 CFR part 100 applicable to
organized marine events on the navigable waters of the United States
that could negatively impact the safety of waterway users. It is
categorically excluded from further review under paragraph L61 of
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1.
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
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 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.T14-0771 to read as follows:
Sec. 100.T14-0771 Special Local Regulation; Kailua Bay, Ironman World
Championship, Kailua-Kona, Hawaii.
(a) Regulated areas. The regulations in this section apply to the
following area: all navigable waters starting at the shoreline
northeast of Kailua Pier at 19[deg]38.341' N, 155[deg]59.782' W; thence
southeast to 19[deg]37.416' N, 155[deg]59.444' W; thence southwest to
19[deg]37.397' N, 155[deg]59.500' W; thence northwest to 19[deg]38.150'
N, 155[deg]59.760' W, thence north and back to Kailua Pier at
19[deg]38.398' N, 155[deg]59.816' W, and returning along the pier to
the originating point on the shoreline at to 19[deg]38.341' N,
155[deg]59.782' W. These coordinates reference Datum NAD 1983.
(b) Definitions. As used in this section:
Buffer area is a neutral 100-yard area that surrounds the perimeter
of the course area's navigable waters as described by this section. The
purpose of a buffer area is to minimize potential collision conflicts
with marine event participants and spectator vessels or nearby
transiting vessels. This area provides separation between a course area
and spectator viewing areas.
Captain of the Port Honolulu (COTP) means the Commander, U.S. Coast
Guard Sector Honolulu or any Coast Guard commissioned, warrant or petty
officer who has been authorized by the COTP to act on their behalf.
Coast Guard Patrol Commander (PATCOM) means a commissioned,
warrant, or petty officer of the U.S. Coast Guard who has been
designated as PATCOM by the Commander, Coast Guard Sector Honolulu.
Course area is an area described by a line bound by coordinates
provided in latitude and longitude that outlines the boundary of the
event swim area within the overall regulated area defined by this
section. The 2.24-mile (4,224 yards) swim course is a temporary marked
swim course within the regulated area located in Kailua Bay.
Enforcement vessels are designated vessels authorized by the COTP,
the event PATCOM, or COTP's designated representatives to support the
safety and security of the marine event.
Official patrol means any vessel assigned or approved by Commander,
Coast Guard Sector Honolulu with a commissioned, warrant, or petty
officer on board.
Participant means any persons registered with the event sponsor as
participating in the Ironman Triathlon or practice swim.
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Regulated area is the combined course area and buffer area.
Spectators are all persons and vessels not registered with the
sponsor as participants, support vessels, or enforcement vessels.
(c) Regulations. (1) The COTP or PATCOM may forbid and control the
movement of all vessels and persons, including event participants, in
the regulated area. When hailed or signaled by an official patrol, a
vessel or person in the regulated area shall immediately comply with
the lawful directions given by the patrol. Failure to do so may result
in the Coast Guard expelling the person or vessel from the area,
issuing a citation for failure to comply, or both. The COTP or PATCOM
may terminate the event at any time the COTP or PATCOM believes it
necessary to do so for the protection of life.
(2) Except for participants and safety support vessels, a person or
vessel within the regulated area at the start of enforcement of this
section must immediately depart the regulated area.
(3) Support and enforcement vessels consist of any local law
enforcement and sponsor provided vessels assigned or approved by the
COTP, the event PATCOM, or COTP designated representatives, to patrol
the regulated area.
(4) Spectators shall not enter into, anchor, block, loiter, or
impede the transit of participants or support and enforcement vessels
in the regulated area during the enforcement of this section, unless
cleared for entry by the COTP, the event PATCOM, or the COTP's
designated representatives.
(5) Persons desiring to transit the regulated area identified may
contact the COTP in advance at the Sector Honolulu Command Center
telephone number (808) 842-2603 or immediately prior to or during the
event to the COTP's PATCOM or designated representative on VHF-FM
marine channel 16 (156.8 Mhz) to seek permission to transit or remain
in the area. If permission is granted, all persons and vessels must
comply with the lawful instructions of the COTP, the event PATCOM, or
the COTP's designated representative and proceed at the minimum speed
necessary to maintain a safe course while in the area.
(6) If enforcement of the regulated area is no longer necessary,
the COTP, event Patrol Commander, or COTP designated representative
will inform the public through radio broadcasts that the regulated area
is no longer being enforced.
(d) Enforcement officials. The Coast Guard may be assisted with
event patrol and enforcement of the regulated area by other Federal,
State, and local agencies.
(e) Enforcement period. The marine event and special local
regulation in this section will be enforced from 3:45 a.m. to 11 a.m.
on October 20 and 26, 2024.
Dated: September 10, 2024.
Aja L. Kirksey,
Captain, U.S. Coast Guard, Captain of the Port Honolulu.
[FR Doc. 2024-21070 Filed 9-16-24; 8:45 am]
BILLING CODE 9110-04-P
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</html>Indexed from Federal Register on September 17, 2024.
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.