[Federal Register Volume 87, Number 130 (Friday, July 8, 2022)]
[Rules and Regulations]
[Pages 40727-40729]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-14434]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2022-0560]
RIN 1625-AA00


Safety Zone; Lake Erie; Sandusky, OH

AGENCY: Coast Guard, Department of Homeland Security (DHS).

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for 
navigable waters near Sandusky Bay in Sandusky, OH. This temporary 
safety zone is necessary to protect race participants, spectators and 
support vessels from marine traffic in the vicinity swim portion of the 
Ironman 70.3 Ohio Triathlon. Entry of vessels or persons into this 
safety zone is prohibited unless specifically authorized by the Captain 
of the Port Detroit or his designated representative.

DATES: This rule is effective from 4:30 a.m. through 10 a.m. on July 
24, 2022.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2022-0560 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket

[[Page 40728]]

Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email the Tracy Girard, Sector Detroit, Coast Guard; telephone 
(313) 475-7475, 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 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 doing so would be impracticable. The 
event sponsor notified the Coast Guard with insufficient time to 
accommodate the comment period. Thus, delaying the effective date of 
this rule to wait for the comment period to run would prevent the 
Captain of the Port (COTP) Detroit from keeping race participants, 
spectators, and support vessels safe from marine traffic in the 
vicinity swim portion of the Ironman 70.3 Ohio Triathlon. The safety 
zone must be established by July 24, 2022.
    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 
ensure the safety of the participants and vessels during the Ironman 
70.3 Ohio Triathlon on July 24, 2022.

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 COTP Detroit has determined that 
potential hazards associated with the Ironman 70.3 Ohio Triathlon on 
July 24, 2022, will be a safety concern within 400 yards of the Dock 
Channel from the Jackson Street Pier to the Shelby Street Boat Launch 
for 5.5 hours. This rule is necessary to protect personnel, vessels, 
and the marine environment in the navigable waters within the safety 
zone while the event is taking place.

IV. Discussion of the Rule

    This rule establishes a safety zone that will be enforced from 4:30 
a.m. through 10 a.m. on July 24, 2022. The safety zone will encompass 
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 duration of the 
safety zone is intended to protect personnel, vessels, and the marine 
environment in these navigable waters while the Ironman 70.3 Ohio 
Triathlon is taking place. Entry into, transiting, or anchoring within 
the safety zone is prohibited unless authorized by the COTP Detroit or 
his designated representative. The COTP Detroit or his designated 
representative may be contacted via VHF Channel 16.

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 safety zone. This safety zone 
would impact a small designated area of Sandusky Bay for approximately 
5.5 hours, during the morning when vessel traffic is normally low. 
Vessel traffic will be able to transit after the time of the event. 
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 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 
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

[[Page 40729]]

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 a 
safety zone lasting 5.5 hours that will prohibit entry within a 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[60](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.T09-0560 to read as follows:


Sec.  165.T09-0560  Safety Zone; Lake Erie; Sandusky Bay, OH.

    (a) Location. The following area is a temporary safety zone: all 
U.S. navigable waters of the Sandusky Bay within a within a 400-yard 
radius of the Dock Channel between 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) Regulations. (1) In accordance with the general regulations in 
Sec.  165.23, entry into, transiting or anchoring within this safety 
zone is prohibited unless authorized by the Captain of the Port (COTP) 
Detroit or his designated representative.
    (2) The safety zone described in paragraph (a) of this section is 
closed to all vessel traffic, except as may be permitted by the COTP 
Detroit or his designated representative.
    (3) The ``designated representative'' of the COTP Detroit is any 
Coast Guard commissioned, warrant, or petty officer who has been 
designated by the Captain of the Port Detroit to act on his behalf. The 
designated representative of the COTP Detroit will be aboard either a 
Coast Guard or Coast Guard Auxiliary vessel. The COTP Detroit or his 
designated representative may be contacted via VHF Channel 16.
    (4) Vessel operators desiring to enter or operate within the safety 
zone shall contact the COTP Detroit or his designated representative to 
obtain permission to do so. Vessel operators given permission to enter 
or operate in the safety zone must comply with all directions given to 
them by the COTP Detroit or his designated representative.
    (c) Enforcement period. This section will be enforced from 4:30 
a.m. through 10 a.m. on July 24, 2022. The Captain of the Port Detroit 
or a designated representative may suspend enforcement of the safety 
zone at any time.

    Dated: June 30, 2022.
Brad W. Kelly,
Captain, U.S. Coast Guard, Captain of the Port Detroit.
[FR Doc. 2022-14434 Filed 7-7-22; 8:45 am]
BILLING CODE 9110-04-P


