[Federal Register Volume 88, Number 137 (Wednesday, July 19, 2023)]
[Rules and Regulations]
[Pages 46073-46075]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-15227]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2023-0536]
RIN 1625-AA08


Special Local Regulation; Iron Man 70.3 Triathlon, Lake Erie; 
Sandusky, OH

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard will establish and enforce a special local 
regulation for the Ironman 70.3 Ohio Triathlon from 4:30 a.m. through 
10 a.m. on July 23. 2023. This special local regulation is necessary to 
safely control vessel movements in the vicinity of the triathlon and 
provide for the safety of the general boating public and commercial 
shipping. During this enforcement period, no person or vessel may enter 
the regulated area without the permission of the Coast Guard Patrol 
Commander.

DATES: This special local regulation will be enforced from 4:30 a.m. 
through 10 a.m. on July 23, 2023.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0536 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 on this rule, 
call or email the Command Duty Officer, MST1 Karl Dirksmeyer, Marine 
Safety Unit

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Toledo, Coast Guard; telephone (419) 392-0324, 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

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary final rule without prior 
notice and opportunity to comment pursuant to authority under section 
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
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.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking (NPRM) 
with respect to this rule because we must establish this special local 
regulation by July 23, 2023.
    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 regulation would be impracticable.

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 Detroit (COTP) has determined that 
potential hazards associated with the Ironman 70.3 Ohio Triathlon on 
July 23, 2023, will be a safety concern within 400 yards of the Dock 
Channel from the Jackson Street Pier to the Shelby Street Boat Launch 
for five and a half hours. This rule is needed to protect personnel, 
vessels, and the marine environment in the navigable waters near the 
Jackson St. Pier, Sandusky, OH.

IV. Discussion of the Rule

    This rule establishes a special local regulation from 4:30 a.m. 
through 10 a.m. on July 23, 2023. In light of the aforementioned 
hazards, the COTP has determined that a special local regulation is 
necessary to protect spectators, vessels, and participants. The special 
local regulation will encompass the following waterway: all U.S. 
navigable waters of Lake Erie within a 400 yard radius of the dock 
channel in Sandusky Bay in Sandusky, OH, between the Jackson Street 
Pier and the Shelby Street Boat Launch. The COTP or his designated on-
scene representative will notify the public of the enforcement of this 
rule by all appropriate means, including a Broadcast Notice to 
Mariners.

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 size, 
location, duration and time-of-day of the special local regulation. 
Vessel traffic will not be able to safely transit around this regulated 
area which would impact a small designated area of Sandusky Bay for a 
short duration, during the morning when vessel traffic is normally low. 
Moreover, the Coast Guard would issue a Broadcast Notice to Mariners 
via VHF-FM marine channel 16 about the zone, and the rule would allow 
vessels to seek permission to enter the zone.

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 
area 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 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

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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 special local 
regulation lasts five and one half hours that will prohibit entry 
within 400 yard radius of the Dock Channel in Sandusky Bay, between the 
Jackson Street Pier and the Shelby Street Boat Launch. It is 
categorically excluded from further review under paragraph L[61] 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 100

    Marine safety, Navigation (water), Reporting and record keeping 
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.T05-911 to read as follows:


Sec.  100.T05-911  Special Local Regulations; Ironman 70.3 Triathlon, 
Lake Erie; Sandusky Bay, OH.

    (a) Location. This special local regulation lasts 5.5 hours and 
will limit entry within the navigable waters of Sandusky Bay within a 
within a 400-yard radius of the Dock Channel between located at 
position 41[deg]27'36.48'' N, 082[deg]42'54.84'' W and 
41[deg]27'25.05'' N, 082[deg]43'26.64'' W. All geographic coordinates 
are North American Datum of 1983 (NAD 83).
    (b) Enforcement Period. The regulation will be enforced from 4:30 
a.m. through 10 a.m. on July 23, 2023. The Captain of the Port Detroit 
will announce specific enforcement periods by Broadcast Notice to 
Mariners (BNM).
    (c) Regulations.
    (1) In accordance with the general regulations in Sec.  100.911(b), 
No vessel may enter, transit through, or anchor within the regulated 
area without the permission of the Coast Guard Patrol Commander.
    (2) Vessel operators desiring to enter or operate within the 
regulated area shall contact the Coast Guard Patrol Commander to obtain 
permission to do so. Vessel operators given permission to enter or 
operate within the regulated area must comply with all directions given 
to them by the Coast Guard Patrol Commander.

    Dated: July 13, 2023.
Richard P. Armstrong,
Captain, U.S. Coast Guard, Captain of the Port Detroit.
[FR Doc. 2023-15227 Filed 7-18-23; 8:45 am]
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