[Federal Register Volume 84, Number 138 (Thursday, July 18, 2019)]
[Rules and Regulations]
[Pages 34297-34299]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-15321]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2019-0577]
RIN 1625-AA00


Safety Zone; Traverse City Ironman Triathlon, Traverse City, 
Michigan

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone in the 
Captain of the Port, Sault Sainte Marie zone. This rule will provide a 
temporary safety zone to protect 2,400 participating swimmers in the 
Traverse City Ironman Triathlon. Entry of vessels into this zone is 
prohibited unless specifically authorized by the Captain of the Port 
Sector Sault Sainte Marie.

DATES: This rule is effective from 6:15 a.m. through 9:45 a.m. on 
August 25, 2019.

ADDRESSES: To view documents mentioned in this preamble as being

[[Page 34298]]

available in the docket, go to https://www.regulations.gov, type USCG-
2019-0577 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email CWO Robert Gruschow Waterways Management, Coast Guard 
Sector Sault Sainte Marie, U.S. Coast Guard; telephone 906-253-2462.

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 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 the Coast Guard did not receive the 
final details of the requested safety zone with sufficient time for a 
comment period to run before the start of the event. Thus, delaying 
this rule to wait for a notice and comment period to run would be 
impracticable and contrary to public interest because it would inhibit 
the Coast Guard's ability to protect the 2,400 participants from the 
boating public. It is impracticable to publish an NPRM because we must 
establish this safety zone by August 25, 2019.
    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 contrary to public interest because prompt action is 
needed to protect the 2,400 swimmers participating in this event on 
August 25, 2019.

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 Sault Sainte 
Marie (COTP) has determined that potential hazards exist while 2,400 
participants associated with the Traverse City Ironman Triathlon, swim 
in a highly congested area of boating traffic between 6:15 a.m. through 
9:45 a.m. on August 25, 2019. This rule is needed to protect the 2,400 
participates of the Traverse City Ironman Triathlon event.

IV. Discussion of the Rule

    On August 25, 2019, Traverse City, Michigan will be hosting an 
Ironman Triathlon event. The swim course will be in the Southern West 
Arm of Grand Traverse Bay beginning at the swim coral located west of 
City Marina and finishing at Clinch Park Beach.
    The City of Traverse City will not allow vessels to enter or leave 
the City's marina which is located inside the safety zone from 6:15 
a.m. through 9:45 a.m. on August 25, 2019. Michigan Department of 
Natural Resources has approved the closure of the marina during the 
event. This action is only for the temporary safety zone. The Captain 
of the Port Sault Sainte Marie has determined that there are potential 
hazards associated with this marine event and a temporary safety zone 
of 500 yards is needed around the following area, beginning point of 
044[deg]46.104 N 085[deg]37.772 W, to the first turn at point 
44[deg]46.15.7 N 085[deg]37.48 W to the second turn at point 
44[deg]46.70 N 085[deg]36.59 W to the finishing point of 044[deg]45.947 
N 085[deg]37.160 W. This rule is needed to protect the 2,400 
participants in the navigable waters in the area of the swim course of 
the Traverse City Ironman Triathlon.

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. Executive Order 13771 directs agencies to control 
regulatory costs through a budgeting process. 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), and pursuant to OMB guidance it is exempt 
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the city of 
Traverse City's plan in coordination with the state's Department of 
Natural Resources to close the marina located within the swim course 
for the duration of the swim event. The Coast Guard's regulatory action 
will have no impact since state and local authorities are already 
closing the marina, prior to the establishment of our safety 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 
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 
contact 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.

[[Page 34299]]

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. If 
you believe this rule has implications for federalism or Indian tribes, 
please contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section above.

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 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 3 and \1/2\ hours 
that will prohibit any vessel entry within 500 yards of the swim event 
of the Ironman Triathlon. It is categorically excluded from further 
review under paragraph L [60] a in Table 3-1 of U.S. Coast Guard 
Environmental Planning Implementing Procedures 5090.1. A Record of 
Environmental Consideration supporting this determination is available 
in the docket where indicated under ADDRESSES.

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.

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. 0170.1.


0
2. Add Sec.  165.T09-0577 to read as follows:


Sec.  165.T09-0577   Safety Zone; Traverse City Ironman Triathlon, 
Traverse City, MI.

    (a) Location. The temporary safety zone will encompass all U.S. 
navigable waters of the Southern West Arm of Grand Traverse Bay 500 
yards around the following area, beginning at the swim coral located 
west of City Marina and finishing at Clinch Park Beach, encompassing 
the following area, beginning point of 044[deg]46.104 N 085[deg]37.772 
W, to the first turn at point 44[deg]46.15.7 N 085[deg]37.48 W to the 
second turn at point 44[deg]46.70 N 085[deg]36.59 W to the finishing 
point of 044[deg]45.947 N 085[deg]37.160 W.
    (b) Effective and enforcement period. The regulation in this 
section is effective and will be enforced from 6:15 a.m. through 9:45 
a.m. on August 25, 2019.
    (c) Regulations. (1) In accordance with the general regulations in 
Sec.  165.23, entry into, transiting, or anchoring within this 
temporary safety zone is prohibited unless authorized by the Captain of 
the Port, Sault Sainte Marie or his or her on-scene representative.
    (2) This temporary safety zone is closed to all vessel traffic, 
except as may be permitted by the Captain of the Port, Sault Sainte 
Marie or his on-scene representative.
    (3) The ``on-scene representative'' of the Captain of the Port, 
Sault Sainte Marie is any Coast Guard commissioned, warrant or petty 
officer who has been designated by the Captain of the Port, Sault 
Sainte Marie to act on his or her behalf. The on-scene representative 
of the Captain of the Port, Sault Sainte Marie will be aboard a Coast 
Guard vessel.
    (4) Vessel Operators desiring to enter or operate within the 
temporary safety zone shall contact the Captain of the Port, Sault 
Sainte Marie, or his on-scene representative to obtain permission to do 
so. The Captain of the Port, Sault Sainte Marie or his or her on-scene 
representative may be contacted via VHF Channel 16 or at (906) 635-
3319. Vessel operators given permission to enter or operate in the 
temporary safety zone must comply with all directions given to them by 
the Captain of the Port, Sault Sainte Marie or his or her on-scene 
representative.

    Dated: July 15, 2019.
P.S. Nelson,
Captain, U.S. Coast Guard, Captain of the Port Sault Sainte Marie.
[FR Doc. 2019-15321 Filed 7-17-19; 8:45 am]
 BILLING CODE 9110-04-P


