Special Local Regulation; Lake Erie, Kelleys Island, OH
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Issuing agencies
Abstract
The Coast Guard is establishing a temporary special local regulation (SLR) for certain navigable waters of Lake Erie near Kelleys Island, OH. The SLR is needed to protect personnel, vessels, and the marine environment from potential hazards created by a sailing race. This rulemaking prohibits persons and vessels from being in the regulated area during the enforcement period unless specifically authorized by the Captain of the Port, Sector Detroit or their designated representative.
Full Text
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<title>Federal Register, Volume 91 Issue 164 (Wednesday, August 26, 2026)</title>
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[Federal Register Volume 91, Number 164 (Wednesday, August 26, 2026)]
[Rules and Regulations]
[Pages 54958-54960]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-17378]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2026-0558]
RIN 1625-AA08
Special Local Regulation; Lake Erie, Kelleys Island, OH
AGENCY: Coast Guard, Department of Homeland Security.
ACTION: Final rule.
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SUMMARY: The Coast Guard is establishing a temporary special local
regulation (SLR) for certain navigable waters of Lake Erie near Kelleys
Island, OH. The SLR is needed to protect personnel, vessels, and the
marine environment from potential hazards created by a sailing race.
This rulemaking prohibits persons and vessels from being in the
regulated area during the enforcement period unless specifically
authorized by the Captain of the Port, Sector Detroit or their
designated representative.
DATES: This rule is effective from 8:30 a.m. through 5 p.m. on August
29, 2026.
ADDRESSES: To view available documents go to <a href="https://www.regulations.gov">https://www.regulations.gov</a> and search for USCG-2026-0558.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rule, contact MST2 Jacob Allen, Waterways Management Division,
U.S. Coast Guard Marine Safety Unit Toledo; (419)-418-6050, <a href="/cdn-cgi/l/email-protection#eca8dcd5c1bfa1aec1a1bfb9b88380898883c1bbbba1ac999f8f8bc2818580"><span class="__cf_email__" data-cfemail="195d2920344a545b34544a4c4d76757c7d76344e4e54596c6a7a7e37747075">[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
U.S.C. United States Code
II. Background and Authority
On February 25, 2026, an organization notified the Coast Guard that
they will be sponsoring a sailing race on Lake Erie near Kelleys
Island, OH on August 29, 2026. The event will be held from 8:30 a.m. to
5 p.m. on August 29, 2026. The race will include approximately 50
participants and 3 spectator craft. On June 25, 2026, the Coast Guard
published a notice of proposed rulemaking (NPRM) titled Special Local
Regulation; Lake Erie, Kelleys Island, OH (91 FR 38351). In that NPRM,
we stated why we issued the NPRM and invited comments on our proposed
regulatory action related to this sailing race.
Under the authority in 46 U.S.C. 70041, the COTP has determined
that this rule is necessary to protect personnel, vessels, and the
marine environment from potential hazards associated with the sailing
race. No vessel or person will be permitted to enter the regulated area
without obtaining permission from the COTP or their designated
representative.
Because of the hazards associated with this event, the Coast Guard
finds that under 5 U.S.C. 553(d)(3), good cause exists for making this
rule effective less than 30 days after publication in the Federal
Register because it is impracticable. We must establish this regulated
area by August 29, 2026, to protect personnel, vessels, and the marine
environment.
III. Discussion of Comments and the Rule
During the comment period that ended on July 27, 2026, we received
two duplicate comments from the same individual.
The commenter expressed several concerns with the SLR, largely
centered on the structure of the SLR and its potential impact on the
local business community. Specifically, the commenter was concerned
with the potential difficulty of enforcing a moving SLR, suggesting
boaters may not know when they are within the exclusionary zone; the
duration of the SLR; potential safety risks posed by requiring non-
participant vessels to detour around the route; and the potential
impact of the restrictions on the local business community on a peak
summer tourism Saturday. The commenter questioned whether the Coast
Guard could have used less restrictive alternatives, such as patrol
boat escorts, broadcast notice to mariners, designated spectator zones,
and small buffers. Finally, the commenter felt that the Coast Guard did
not provide adequate notice to the public of the proposed SLR, and that
the NPRM should have contained more specific information, including the
sponsoring organization's name. The commenter also believed that the
NPRM was missing certain information, such as the number of
participants and the racecourse coordinates.
The Coast Guard has complied with all applicable laws in
establishing this SLR to protect vessels and property during a marine
event. With respect to the structure of the SLR, a moving exclusion
zone is common practice with sailing races. The public is on notice
that this event is on August 29, 2026, and thus, should be mindful of
where the participants and the exclusionary zone are located as they
are transiting in the vicinity of the courses. The duration of the
event is not set by the Coast Guard. It was provided by the sponsoring
organization, and the time has been confirmed. The rule lasts only as
long as the event.
Further, consistent with the ``Impact on Small Entities'' analysis
in the NPRM, we expect limited economic impact on the Kelleys Island
region. Although the course encompasses Kelleys Island, recreational
vessels will be able to go around the event safely and easily as the
regulated area is 100 yards around participants, not the entire course.
The Coast Guard intends to have a patrol around the vessels. As noted
in the NPRM, the Coast Guard will issue a Broadcast Notice to Mariners
via VHF FM marine channel 16, which will allow small entities to adjust
their transit plans, and the rule allows vessels to request permission
to enter the regulated area from the COTP or the COTP's designated
representative. The COTP determined a designated spectator zone is not
necessary as the only spectators for the event are the designated
safety boats provided by the event sponsor. The Coast Guard has
utilized the least restrictive mechanism to protect personnel, vessels,
and the marine environment from potential hazards created by a sailing
race. This appropriately balances the interests of all entities while
providing necessary protection for personnel, vessels, and the marine
environment from the potential hazards of a sailing race.
The Coast Guard disagrees with the commenter's assertion that the
public was not provided adequate notice of the rule. The Coast Guard
provided notice of the event on June 25, 2026, and provided a
reasonable period of time for public comment. The Coast Guard received
only one comment, which was comprehensive in scope. The commenter does
not indicate what
[[Page 54959]]
additional comments he might have made if given a longer comment
period. With respect to the commenter's concern that the NPRM did not
contain the sponsoring organization's name, the name of the
organization sponsor is not relevant to the rulemaking. Finally, the
commenter is mistaken that the NPRM did not contain the number of
participants or the racecourse coordinates. The NPRM explicitly lays
out the number of participants and the text describing the regulated
area sets forth the race course coordinates.
There are no changes in the regulatory text of this rule from the
proposed rule in the NPRM.
This rule establishes a special regulated area from 8:30 a.m. until
5 p.m. on August 29, 2026. The regulated area covers all navigable
waters within 100 yards of the participants on the race course. No
vessel or person will be permitted to enter the regulated area without
obtaining permission from the COTP or their designated representative.
IV. 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.
A. Impact on Small Entities
The Regulatory Flexibility Act of 1980 (RFA), 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. Section 605 of the RFA allows an agency to certify a rule, in
lieu of preparing an analysis, if the rulemaking is not expected to
have a significant economic impact on a substantial number of small
entities.
The Coast Guard certifies that, although some small entities may
intend to transit the regulated area above, this rule will not have a
significant economic impact on a substantial number of small entities.
Vessel traffic will be able to safely transit around this regulated
area. This regulated area will only impact a small, designated area for
a few hours. In addition, the Coast Guard will issue a Broadcast Notice
to Marines via VHF FM marine channel 16, which will allow small
entities to adjust their transit plans, and the rule allows vessels to
request permission to enter the zone from the COTP.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), if this rule will affect your
small business, organization, or governmental jurisdiction and you have
questions, contact the person listed in the FOR FURTHER INFORMATION
CONTACT section.
Small businesses may send comments to the Small Business and
Agriculture Regulatory Enforcement Ombudsman and the Regional Small
Business Regulatory Fairness Boards by calling 1-888-REG-FAIR (1-888-
734-3247).
B. 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).
C. Federalism and Indian Tribal Governments
We have analyzed this rule under Executive Order 13132, Federalism,
and have determined that it is consistent with the fundamental
federalism principles and preemption requirements described in that
Order.
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.
D. Unfunded Mandates Reform Act
As required by The Unfunded Mandates Reform Act of 1995 (2 U.S.C.
1531-1538), the Coast Guard certifies that this rule will not result in
an annual expenditure of $100,000,000 or more (adjusted for inflation)
by a State, local, or tribal government, in the aggregate, or by the
private sector.
E. 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 et seq.), 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 proposed rule is a special regulated area. It is categorically
excluded from further review under paragraph L61.
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: Authority: 46 U.S.C. 70041; 33 CFR 1.05-1.
0
2. Add 100.T999-0558 to read as follows:
Sec. 100.T999-0558 Special Local Regulation; Lake Erie, Kelleys
Island, OH.
(a) Location. This special local regulation applies to the
following regulated area: All waters of Lake Erie, from surface to
bottom, within 100 yards of the participants on the race courses
identified below, encompassed by a line connecting the following points
for each of the following race courses:
(a) Course A: Starting 0.5 nautical miles east of Sandusky Harbor
Pier Head Light at 41[deg]29'57.50'' N, 082[deg]39'42.96'' W, thence to
Kelleys Island Shoal Light Buoy 1 at 41[deg]38'41'' N,
082[deg]37'56.64'' W, thence to Scott Point Shoal Lighted Buoy 1 at
41[deg]36'05.04'' N, 082[deg]48'22.55'' W, and finishing at Bay Point
Shoal Lighted Buoy 2 at 41[deg]30'11'' N, 082[deg]41'28.4'' W.
(b) Course B: Starting 0.5 nautical miles east of Sandusky Harbor
Pier Head Light at 41[deg]29'57.50'' N, 082[deg]39'42.96'' W, thence to
Kelleys Island Shoal Light Buoy 1 at 41[deg]38'41'' N,
082[deg]37'56.64'' W, thence to American Eagle Shoal Lighted Buoy R2 at
41[deg]36'15.20'' N, 082[deg]44'51.20'' W, and finishing at Bay Point
Shoal Lighted Buoy 2 at 41[deg]30'11'' N, 082[deg]41'28.4'' W.
(c) Course C: Starting 0.5 nautical miles east of Sandusky Harbor
Pier Head Light at 41[deg]29'57.50'' N, 082[deg] 39'42.96'' W, thence
to Kelleys Island Buoy 1 at 41[deg]37'26.37'' N, 082[deg]40'01.75'' W,
thence to American Eagle Shoal Lighted Buoy R2 at 41[deg]36'15.20'' N,
082[deg]44'51.20'' W, and finishing at Bay Point Shoal Lighted Buoy 2
at 41[deg]30'11'' N, 082[deg]41'28.4'' W.
The regulated area will move with the participants as they transit
the waters.
These coordinates are based on the World Geodetic System (WGS 84)/
North American Datum 83 (NAD 83).
[[Page 54960]]
(b) Definitions. As used in this section, designated representative
means a Coast Guard Patrol Commander, including a Coast Guard coxswain,
petty officer, or other officer operating a Coast Guard vessel and a
Federal, State, and local officer designated by or assisting the
Captain of the Port Detroit (COTP) in the enforcement of the regulated
area. Participant means all persons and vessels registered with the
event sponsor as a participant in the race.
(c) Regulations. (1) All non-participants are prohibited from
entering, transiting through, anchoring in, or remaining within the
regulated area described in paragraph (a) of this section unless
authorized by the COTP or their designated representative.
(2) To seek permission to enter, contact the COTP or the COTP's
representative on VHF-FM channel 16. Those in the special regulated
area must comply with all lawful orders or directions given to them by
the COTP or the COTP's designated representative.
(3) The COTP will provide notice of the regulated area through
advanced notice via broadcast notice to mariners and by on-scene
designated representatives.
(d) Enforcement period. This section will be enforced from 8:30
a.m. to 5 p.m. on August 29, 2026.
Caren C. Damon,
Captain, U.S. Coast Guard, Captain of the Port Detroit.
[FR Doc. 2026-17378 Filed 8-25-26; 8:45 am]
BILLING CODE 9110-04-P
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