[Federal Register Volume 87, Number 175 (Monday, September 12, 2022)]
[Rules and Regulations]
[Pages 55690-55692]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-19590]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2022-0595]
RIN 1625-AA00
Safety Zone; Ironman Michigan, Frankfort Harbor, MI
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone for
certain waters of Betsie Lake in Frankfort, MI. This action is
necessary to provide for the safety of life on these navigable waters
during the swim portion of an Ironman event on September 11, 2022. This
rulemaking would restrict usage by persons and vessels within the
safety zone. At no time during the effective period may vessels transit
the waters of Betsie Lake in the vicinity of a triangular shaped race
course enclosed by the following three coordinates: 44[deg]37.80' N, -
086[deg]13.91' W to 44[deg]37.81' N, -086[deg]14.22' W to 44[deg]37.58'
N, -086[deg]13.75' W, then back to the starting point. The race course
will be marked by buoys. These restrictions apply to all perons and
vessels during the effective period unless authorized by the Captain of
the Port Lake Michigan or a designated representative.
DATES: This rule is effective on September 11, 2022, from 6 a.m.
through 12 p.m.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2022-0595 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
proposed rulemaking, call or email Chief Petty Officer Jeromy Sherrill,
Sector Lake Michigan Waterways Management Division, U.S. Coast Guard;
telephone 414-747-7148, email [email protected].
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
[[Page 55691]]
II. Background Information and Regulatory History
On June 23, 2022, the Coast Guard was notified by the event sponsor
of its intent to host Ironman Michigan in Frankfort, MI on September
11, 2022 from 8 a.m. to 10:15 a.m.. The swim will begin near Frankfort
Municipal Marina in Betsie Lake. The race course will be triangular
shaped area enclosed by the following coordinates: 44[deg]37.80' N, -
086[deg]13.91' W to 44[deg]37.81' N, -086[deg]14.22' W to 44[deg]37.58'
N, -086[deg]13.75' W, then back to the starting point. The race course
will be marked by buoys. In response, on July 18, 2022, the Coast Guard
published a notice of proposed rulemaking (NPRM) titled Safety Zone;
Ironman Michigan, Frankfort Harbor, MI (87 FR 42985). There we stated
why we issued the NPRM, and invited comments on our proposed regulatory
action. During the comment period that ended August 18, 2022, we
received 0 comments.
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 rule would be impracticable because immediate action is needed to
respond to the potential safety hazards associated with the event.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034 (previously 33 U.S.C. 1231). The Captain of the Port Sector Lake
Michigan (COTP) has determined that potential hazards associated with
the Michigan Ironman event would be a safety concern for anyone within
the safety zone that is not participating in the event. The purpose of
this rule is to ensure safety of vessels and the navigable waters in
the safety zone before, during, and after the scheduled event.
IV. Discussion of Comments, Changes, and the Rule
As noted above, we received no comments on our NPRM published July
18, 2022. There are no changes in the regulatory text of this rule from
the proposed rule in the NPRM.
This rule establishes a safety zone from 6 a.m. through 12 a.m. on
September 11, 2022. The safety zone will cover all waters of Betsie
Lake in the vicinity of a triangular shaped race course near Frankfort
Municipal Marina in Frankfort, MI. The duration of the zone is intended
to ensure the safety of vessels and these navigable waters before,
during, and after the triathlon event. No vessels or person would be
permitted to enter the safety zone without obtaining permission from
the COTP or a designated representative.
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
characteristics of the safety zone. The safety zone created by this
proposed rule will relatively small and is designed to minimize its
impact on navigable waters. This proposed rule will prohibit entry into
certain navigable waters of Betsie Lake in Frankfort, MI, and it is not
anticipated to exceed 6 hours in duration. Thus, restrictions on vessel
movement within that particular area are expected to be minimal.
Moreover, under certain conditions vessels may still transit through
the safety zone when permitted by the COTP Lake Michigan.
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 received 00 comments from the Small Business
Administration on this rulemaking. 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
safety zone 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
[[Page 55692]]
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 a
safety zone lasting 6 hours that would prohibit entry within a
relatively small portion of Betsie Lake. Normally such actions are
categorically excluded from further review under paragraph L60(a) 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 165
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 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.2.
0
2. Add Sec. 165.T09-0595 to read as follows:
Sec. 165.T09-0595 Safety Zone; Ironman Michigan, Frankfort, MI.
(a) Location. All waters of Betsie Lake in the vicinity of a
triangular shaped race course enclosed by the following three
coordinates: 44[deg]37.80' N, -086[deg]13.91' W to 44[deg]37.81' N, -
086[deg]14.22' W to 44[deg]37.58' N, -086[deg]13.75' W, then back to
the starting point.
(b) Enforcement period. The safety zone described in paragraph (a)
would be effective on September 11, 2022 from 6 a.m. through 12 p.m.
(c) Regulations. (1) In accordance with the general regulations in
section Sec. 165.23, entry into, transiting, or anchoring within this
safety zone is prohibited unless authorized by the Captain of the Port
Lake Michigan (COTP) or a designated representative.
(2) This safety zone is closed to all vessel traffic, except as may
be permitted by the COTP or a designated representative.
(3) The ``designated representative'' of the COTP is any Coast
Guard commissioned, warrant, or petty officer who has been designated
by the COTP to act on his or her behalf.
(4) Persons and vessel operators desiring to enter or operate
within the safety zone during the marine event must contact the COTP or
an on-scene representative to obtain permission to do so. The COTP or
an on-scene representative may be contacted via VHF Channel 16. Vessel
operators given permission to enter or operate in the safety zone must
comply with all directions given to them by the COTP or an on-scene
representative.
Dated: August 30, 2022.
Joseph B. Parker,
Captain, U.S. Coast Guard, Captain of the Port Lake Michigan.
[FR Doc. 2022-19590 Filed 9-9-22; 8:45 am]
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