[Federal Register Volume 84, Number 75 (Thursday, April 18, 2019)]
[Proposed Rules]
[Pages 16223-16226]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-07777]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2019-0150]
RIN 1625-AA08


Special Local Regulation; Kailua Bay, Ironman World Championship, 
Kailua-Kona, Hawaii

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard is proposing to establish a recurring special 
local regulation for certain waters of Kailua Bay, Hawaii. This action 
is necessary to provide for the safety of life on these navigable 
waters located at Kailua-Kona, HI, during the swim portion of the 
Ironman World Championship Triathlon and practice swim held on 
consecutive Saturdays annually in October. This proposed rulemaking 
would prohibit persons and vessels from being in the regulated area 
each day of the event unless authorized by the Captain of the Port 
Honolulu. We invite your comments on this proposed rulemaking.

DATES: Comments and related material must be received by the Coast 
Guard on or before May 20, 2019.

ADDRESSES: You may submit comments identified by docket number USCG-
2019-0150 using the Federal eRulemaking Portal at https://www.regulations.gov. See the ``Public Participation and Request for 
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further 
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this 
proposed rulemaking, call or email Chief Jason Olney, Waterways 
Management Division, U.S. Coast Guard Sector Honolulu; telephone (808) 
522-8265, email [email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register

[[Page 16224]]

NPRM Notice of proposed rulemaking
Sec.  Section
SLR Special Local Regulation
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    The Ironman World Championship Triathlon is held annually on the 
first two Saturdays in October and consists of two swim events, the 
race itself, and a practice swim held the week before. This event is a 
world famous triathlon with participants coming from around the world 
to compete. The event occurs within the ocean waters of Kailua Bay, HI. 
Each swim event consists of 2,500 participants swimming a 2.4 mile 
(4,224 yard) marked race course located in navigable shallow ocean 
waters. Each year, an increasing number of spectator pleasure craft are 
drawn to support and view the Ironman swim event. Spectator vessels and 
other vessel traffic pose a significant safety hazard due to the 
limited maneuverability of swim participants and vessels navigating in 
close proximity to the designated area.
    The purpose of this rulemaking is to protect event participants, 
spectators, and transiting vessels on navigable waters of Kailua Bay 
before, during, and after the scheduled event held annually. The 
Captain of the Port (COTP) Honolulu has determined that potential 
hazards associated with the swimmers are a safety concern for anyone 
intending to operate near the event area.
    The Coast Guard proposes this rulemaking under authority in 46 
U.S.C. 70041 which authorizes the Coast Guard to establish and define 
special local regulations.

III. Discussion of Proposed Rule

    The COTP Honolulu proposes to establish a recurring special local 
regulation to be enforced from 5 a.m. to 11 a.m., on the first two 
Saturdays in October annually. For both the race itself and the 
practice swim event, six hours are required for all participants to 
complete the swim course.
    The regulated area would 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 to 19[deg]38.341' N, 
155[deg]59.782' W.
    This proposed rule provides additional information about areas with 
the regulated area and the restrictions that apply to mariners. These 
areas include a ``Course Area'', and ``Buffer Area''. The duration of 
the rule and size of the regulated area are intended to ensure the 
safety of life on these navigable waters before, during, and after the 
event, scheduled from 5 a.m. until 11 a.m. on the first two Saturdays 
in October annually. The COTP and Coast Guard Patrol Commander (PATCOM) 
would 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 would be required to immediately comply with the 
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 
Ironman participants and vessels already identified as part of the 
event safety or security, a vessel or person would be required to get 
permission from the COTP or PATCOM before entering the regulated area 
while the rule is being enforced. Vessel operators could request 
permission to enter and transit through the regulated area by 
contacting the PATCOM on VHF-FM channel 16. Vessel traffic would 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 would 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 
would be allowed to enter the regulated area or pass directly through 
the regulated area as instructed. Vessels would 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 races have concluded and the regulated area is 
deemed safe for normal operations.
    The regulatory text we are proposing appears at the end of this 
document.

IV. Regulatory Analyses

    We developed this proposed 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. Executive Order 13771 directs agencies to control 
regulatory costs through a budgeting process. This NPRM has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, the NPRM has not been reviewed by the Office of 
Management and Budget (OMB), and pursuant to OMB guidance it is exempt 
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the size, 
location, duration, event history, time of day and time of year of the 
regulated area which would impact a small designated area of Kailua 
Bay. Accordingly, this NPRM has not been reviewed by the Office of 
Management and Budget.
    The Coast Guard would promulgate a Notice of Enforcement and issue 
a Local Notice to Mariners each year. In addition, the Coast Guard will 
issue a Broadcast Notice to Mariners with information pertaining to the 
regulated area via VHF-FM marine channel 16 about the status of the 
regulated area. Moreover, the rule would allow vessels to seek 
permission to enter the regulated area, transit around the race area, 
and vessel traffic would be able to safely transit the regulated area 
once the COTP of Honolulu's PATCOM deems it safe to do so.

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 
proposed rule would 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, this proposed rule would not have 
a significant economic impact on vessel

[[Page 16225]]

owners or operators for the reasons stated in section IV.A above.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.
    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 proposed 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 contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section. The Coast Guard will not retaliate against small entities that 
question or complain about this proposed rule or any policy or action 
of the Coast Guard.

C. Collection of Information

    This proposed rule would 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 proposed 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 proposed rule does not have tribal implications under 
Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it would 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. If 
you believe this proposed rule has implications for federalism or 
Indian tribes, please contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section.

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 proposed rule would not 
result in such an expenditure, we do discuss the effects of this rule 
elsewhere in this preamble.

F. Environment

    We have analyzed this proposed rule under Department of Homeland 
Security Directive 023-01 and Commandant Instruction M16475.1D, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made a preliminary 
determination 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 involves implementation of regulations 
within 33 CFR 100 applicable to organized marine events on the 
navigable waters of the United States that could negatively impact the 
safety of waterway users. Normally such actions are categorically 
excluded from further review under paragraph L61 of Appendix A, Table 1 
of DHS Instruction Manual 023-01-001-01, Rev. 01. We seek any comments 
or information that may lead to the discovery of a significant 
environmental impact from this proposed rule.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact 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.

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking, 
and will consider all comments and material received during the comment 
period. Your comment can help shape the outcome of this rulemaking. If 
you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this document to which 
each comment applies, and provide a reason for each suggestion or 
recommendation.
    We encourage you to submit comments through the Federal eRulemaking 
Portal at http://www.regulations.gov. If your material cannot be 
submitted using http://www.regulations.gov, contact the person in the 
FOR FURTHER INFORMATION CONTACT section of this document for alternate 
instructions.
    We accept anonymous comments. All comments received will be posted 
without change to https://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and the 
docket, visit https://www.regulations.gov/privacyNotice.
    Documents mentioned in this NPRM as being available in the docket, 
and all public comments, will be in our online docket at https://www.regulations.gov and can be viewed by following that website's 
instructions. Additionally, if you go to the online docket and sign up 
for email alerts, you will be notified when comments are posted or a 
final rule is published.

List of Subjects in 33 CFR Part 100

    Marine safety, Navigation (water), Reporting and recordkeeping 
requirements, Waterways.

    For the reasons discussed in the preamble, the Coast Guard is 
proposing to amend 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.  100.1402 to read as follows:


Sec.  100.1402  Special Local Regulation; Kailua Bay, Ironman World 
Championship, Kailua-Kona, Hawaii.

    (a) 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 (COTP) Honolulu 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 his behalf.

[[Page 16226]]

    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.
    Enforcement vessels are designated vessels authorized by the COTP 
Honolulu, the event PATCOM, or COTP Honolulu'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.
    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.
    (b) Location. All coordinates reference Datum NAD 1983.
    (1) Regulated area. All navigable waters within Kailua Bay and 
encompasses the course area and surrounding 100-yard buffer area. This 
course area and 100-yard buffer area extends from the surface of the 
water to the ocean floor.
    (2) Course area. The 2.24 mile (4,224 yards) swim course is a 
temporary marked swim course within the regulated area located in 
Kailua Bay.
    (3) Buffer area. All navigable waters 100 yards outside of the 
perimeter of the course area, described in paragraph (c)(4) of this 
section.
    (c) Special local regulations: (1) The COTP Honolulu 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 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 
Honolulu or PATCOM may terminate the event at any time the COTP 
Honolulu 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 Honolulu, the event PATCOM, or COTP Honolulu designated 
representatives, to patrol the regulated area.
    (4) The regulated area consists of 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.
    (5) Spectators shall not enter into, anchor, block, loiter, or 
impede the transit of participants or support/enforcement vessels in 
the regulated area during the enforcement of this regulation, unless 
cleared for entry by the COTP Honolulu, the event PATCOM, or the COTP's 
designated representatives.
    (6) Persons desiring to transit the regulated area identified may 
contact the COTP Honolulu in advance at the Sector Honolulu Command 
Center telephone number (808) 842-2600 and (808) 842-2601 or 
immediately prior to or during the event to the COTP Honolulu'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 instructions of 
the COTP Honolulu, 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.
    (7) If enforcement of the regulated area is no longer necessary, 
the COTP Honolulu, 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 will be enforced from 5 a.m. to 11 a.m. on the first two 
Saturdays in October annually. The Coast Guard will publish a notice in 
the Fourteen Coast Guard District Local Notice to Mariners, a Notice of 
the Enforcement in the Federal Register, and issue a marine information 
broadcast on VHF-FM marine band radio on channel 16 announcing specific 
event date and times.

    Dated: April 12, 2019.
M.C. Long,
Captain, U.S. Coast Guard, Captain of the Port Honolulu.
[FR Doc. 2019-07777 Filed 4-17-19; 8:45 am]
 BILLING CODE 9110-04-P