Special Local Regulation; Lake Erie, Kelleys Island, OH

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&#160;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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