[Federal Register Volume 89, Number 180 (Tuesday, September 17, 2024)]
[Rules and Regulations]
[Pages 75968-75971]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-21070]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2024-0771]
RIN 1625-AA08


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

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary special local 
regulation for certain waters of Kailua Bay, Hawaii, from Kailua Pier 
to about 3 miles southeast in Kahului Bay. This action is necessary to 
protect persons on these navigable waters located at Kailua-Kona, HI, 
during the swim portion of the Ironman World Championship Triathlon and 
practice swim held on October 20 and 26, 2024. Entry of persons and 
vessels into the regulated area is prohibited unless specifically 
authorized by the Sector Honolulu Captain of the Port.

DATES: This rule is effective from 3:45 a.m. to 1:30 p.m., on October 
20 and 26, 2024.

ADDRESSES: To view documents mentioned in this preamble as being

[[Page 75969]]

available in the docket, go to https://www.regulations.gov, type USCG-
2024-0771 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 rule, 
call or email Petty Officer Vivian S. Gonzalez, Waterways Management 
Division, U.S. Coast Guard Sector Honolulu; telephone (808) 522-8264, 
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
NPRM Notice of proposed rulemaking
Sec.  Section
SLR Special Local Regulation
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule under authority in 5 
U.S.C. 553(b)(B). This statutory 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.'' This annually 
reoccurring event has a permanent special local regulation, 33 CFR 
100.1402, with enforcement dates on the first two weekends in October. 
This year, however, the event is occurring on October 20 and 26, 2024 
due to conflicts of schedules. The Coast Guard finds that good cause 
exists for not publishing a notice of proposed rulemaking (NPRM) with 
respect to this rule because prompt action is necessary to respond to 
the potential safety hazards associated with the swim event. It is 
impracticable to publish an NPRM because we must establish this special 
local regulation by October 20, 2024.

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 Sector Honolulu (COTP) has determined 
that potential safety hazards exist necessitating the movement 
restriction of all vessels and persons, including event participants, 
in the regulated area. The purpose of this rule is to ensure safety of 
persons and navigable waters in the regulated area before, during, and 
after the events.

IV. Discussion of the Rule

    This rule establishes a special local regulation from 3:45 a.m. to 
1:30 p.m., on October 20 and 26, 2024. The regulated area will 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 19[deg]38.341' N, 
155[deg]59.782' W.
    The duration of the rule and size of the regulated area is intended 
to protect personnel, vessels, and the marine environment in these 
navigable waters before, during, and after the event scheduled from 
3:45 a.m. to 1:30 p.m. on October 20 and 26, 2024. The COTP and Coast 
Guard Patrol Commander (PATCOM) will 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 will be 
required to immediately comply with the lawful 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 event participants and vessels already identified as 
part of the event safety or security, a vessel or person will be 
required to get permission from the COTP or PATCOM before entering the 
regulated area while the rule is enforced. Vessel operators can request 
permission to enter and transit through the regulated area by 
contacting the PATCOM on VHF-FM channel 16. Vessel traffic will 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 will 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 
will be allowed to enter the regulated area or pass directly through 
the regulated area as instructed. Vessels will 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 the scheduled swim events have concluded and 
the regulated area is deemed safe for normal operations.

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 section 3(f) of Executive Order 12866, as 
amended by Executive Order 14094 (Modernizing Regulatory Review). 
Accordingly, this rule has not been reviewed by the Office of 
Management and Budget (OMB).
    This regulatory action determination is based on size, location, 
duration, and time-of-day of the rule. Vessel traffic will be able to 
safely transit around the regulated area which will impact a small, 
designated area of the Kailua-Kona Bay for less than 10 hours during 
two weekends when vessel traffic is normally low. Moreover, the Coast 
Guard will issue a Broadcast Notice to Mariners via VHF-FM marine 
channel 16 about the regulated area, and the rule will allow vessels to 
seek permission to enter the regulated area, as well as a Local Notice 
to Mariners to prepare all waterways users.

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 
regulated area may be small entities, for the reasons stated in section 
V.A above, this

[[Page 75970]]

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 will 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 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 
implementation of regulations within 33 CFR part 100 applicable to 
organized marine events on the navigable waters of the United States 
that could negatively impact the safety of waterway users. It is 
categorically excluded from further review under paragraph L61 of 
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1.

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

    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:  46 U.S.C. 70041; 33 CFR 1.05-1.


0
2. Add Sec.  100.T14-0771 to read as follows:


Sec.  100.T14-0771  Special Local Regulation; Kailua Bay, Ironman World 
Championship, Kailua-Kona, Hawaii.

    (a) Regulated areas. The regulations in this section apply to the 
following area: 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. These coordinates reference Datum NAD 1983.
    (b) 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 Honolulu (COTP) 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 their behalf.
    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. The 2.24-mile (4,224 yards) swim course is a temporary marked 
swim course within the regulated area located in Kailua Bay.
    Enforcement vessels are designated vessels authorized by the COTP, 
the event PATCOM, or COTP'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.

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    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.
    (c) Regulations. (1) The COTP 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 lawful 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 or PATCOM 
may terminate the event at any time the COTP 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, the event PATCOM, or COTP designated representatives, to patrol 
the regulated area.
    (4) Spectators shall not enter into, anchor, block, loiter, or 
impede the transit of participants or support and enforcement vessels 
in the regulated area during the enforcement of this section, unless 
cleared for entry by the COTP, the event PATCOM, or the COTP's 
designated representatives.
    (5) Persons desiring to transit the regulated area identified may 
contact the COTP in advance at the Sector Honolulu Command Center 
telephone number (808) 842-2603 or immediately prior to or during the 
event to the COTP'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 lawful instructions of the COTP, 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.
    (6) If enforcement of the regulated area is no longer necessary, 
the COTP, 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 in this section will be enforced from 3:45 a.m. to 11 a.m. 
on October 20 and 26, 2024.

    Dated: September 10, 2024.
Aja L. Kirksey,
Captain, U.S. Coast Guard, Captain of the Port Honolulu.
[FR Doc. 2024-21070 Filed 9-16-24; 8:45 am]
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