Special Local Regulation; Kailua Bay, Ironman World Championship, Kailua-Kona, Hawaii, 51402-51405 [2019-20627]
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Federal Register / Vol. 84, No. 189 / Monday, September 30, 2019 / Rules and Regulations
PART 881—[REMOVED]
Accordingly, by the authority of 5
U.S.C. 301, 32 CFR part 881 is removed.
■
Adriane S. Paris,
Air Force Federal Register Liaison Officer.
[FR Doc. 2019–20607 Filed 9–27–19; 8:45 am]
BILLING CODE 5001–10–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG–2019–0150]
Special Local Regulation; Kailua Bay,
Ironman World Championship, KailuaKona, Hawaii
Coast Guard, DHS.
Notice of enforcement of
regulation.
AGENCY:
ACTION:
The Coast Guard will enforce
a special local regulation for the
Ironman Ho’ala practice swim and
Ironman World Championship
Triathlon on October 6 and October 12,
2019, to provide for the safety of life on
navigable waterways during this event.
Our regulation for marine events within
the Fourteenth Coast Guard District
identifies the regulated area for this
event on certain waters of Kailua Bay,
Kailua-Kona, Hawaii. During the
enforcement periods, the operator of any
vessel in the regulated area must
comply with directions from the Patrol
Commander or any Official Patrol
displaying a Coast Guard ensign.
DATES: The regulations in 33 CFR
100.1402 will be enforced from 3:45
a.m. until 11 a.m. on October 6, 2019
and October 12, 2019.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this document,
call or email Chief Jason Olney,
Waterways Management Division, U.S.
Coast Guard Sector Honolulu; telephone
(808) 522–8265, email jason.r.olney@
uscg.mil.
SUMMARY:
The Coast
Guard will enforce the special local
regulation for the Ironman Ho’ala
practice swim and Ironman World
Championship Triathlon on October 6
and October 12, 2019. The regulated
area covers 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°38.341′ N, 155°59.782′
W; thence southeast to 19°37.416′ N,
155°59.444′ W; thence southwest to
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SUPPLEMENTARY INFORMATION:
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19°37.397′ N, 155°59.500′ W; thence
northwest to 19°38.150′ N, 155°59.760′
W, thence north and back to Kailua Pier
at 19°38.398′ N, 155°59.816′ W, and
returning along the pier to the
originating point on the shoreline at to
19°38.341′ N, 155°59.782′ W. All datum
are NAD 83.
Entry into, transiting, or anchoring
within the special local regulation is
prohibited unless authorized by the
Captain of the Port Honolulu or their
designated on-scene representative. The
Captain of the Port’s designated onscene representative may be contacted
via VHF Channel 16.
This document is issued under
authority of 33 CFR 100.1402 and 5
U.S.C. 552 (a). In addition to this
publication in the Federal Register, the
Coast Guard will provide the maritime
community with advance notification of
the enforcement of this special local
regulation via Broadcast Notice to
Mariners. The Captain of the Port
Honolulu or their on-scene
representative may be contacted via
VHF Channel 16.
Dated: September 19, 2019.
A.B. Avanni,
Captain, U.S. Coast Guard, Captain of the
Port Honolulu.
[FR Doc. 2019–20765 Filed 9–27–19; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG–2019–0150]
RIN 1625–AA08
Special Local Regulation; Kailua Bay,
Ironman World Championship, KailuaKona, Hawaii
Coast Guard, DHS.
Final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a recurring special local
regulation for certain waters of Kailua
Bay, Hawaii. This action is necessary to
provide for the safety of life on these
navigable waters located at Kailua-Kona,
HI, during the swim portion of the
Ironman World Championship
Triathlon and practice swim held on
consecutive weekends annually in
October. On both days, the swim events
are held from 3:45 a.m. to 11 a.m. This
rulemaking prohibits persons and
vessels from being in the regulated area
each day of the event unless authorized
by the Captain of the Port Honolulu.
SUMMARY:
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This rule is effective September
30, 2019.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2019–
0150 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 Chief Jason Olney, Waterways
Management Division, U.S. Coast Guard
Sector Honolulu; telephone (808) 522–
8265, email jason.r.olney@uscg.mil.
SUPPLEMENTARY INFORMATION:
DATES:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
SLR Special Local Regulation
U.S.C. United States Code
II. Background Information and
Regulatory History
On April 18, 2019, the Coast Guard
published a Notice of Proposed
Rulemaking (NPRM) in the Federal
Register (84 FR 16223) entitled ‘‘Special
Local Regulation; Kailua Bay, Ironman
World Championship, Kailua-Kona,
Hawaii.’’ In the NPRM we stated why
we issued the NPRM, and invited
comments on our proposed regulatory
action related to this swim event.
During the comment period that ended
May 18, 2019, we received four
comments.
This annual event consists of a
practice swim and then a race swim
held on two consecutive weekends in
October. This event is a world famous
triathlon with participants coming from
around the world to compete. The event
occurs within the ocean waters of
Kailua Bay, HI. Each swim event
consists of 2,500 participants swimming
a 2.4 mile (4,224 yard) marked race
course located in navigable shallow
ocean waters. Because of increased
spectator pleasure craft drawn to
support and view the Ironman swim
event, spectator vessel traffic poses a
significant safety hazard due to the
limited maneuverability of swim
participants and vessels navigating in
close proximity to the designated area.
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. Due to the comments received
and evaluation of those comments, the
Coast Guard is unable to publish this
final rule in time to meet the 30 day
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requirement. Delaying the effective date
would be contrary to the rule’s
objectives of protecting safety of life on
the navigable waters in the vicinity of
the large swim event.
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III. Legal Authority and Need for Rule
The COTP Honolulu is establishing a
recurring special local regulation to be
enforced from 3:45 a.m. to 11 a.m., on
consecutive weekends in October
annually. For both the race itself and the
practice swim event, six hours are
required for all participants to complete
the swim course. The regulated area
would 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°38.341′ N, 155°59.782′
W; thence southeast to 19°37.416′ N,
155°59.444′ W; thence southwest to
19°37.397′ N, 155°59.500′ W; thence
northwest to 19°38.150′ N, 155°59.760′
W, thence north and back to Kailua Pier
at 19°38.398′ N, 155°59.816′ W, and
returning along the pier to the
originating point on the shoreline at to
19°38.341′ N, 155°59.782′ W. The
statutory basis for this rulemaking is 46
U.S.C. 70041, which gives the coast
Guard, under a delegation from the
Secretary of the Department of
Homeland Security regulatory authority
to enforce the Ports and Waterways
Safety Act.
The 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 vessels and navigable waters in
the special local regulation before,
during, and after the event.
IV. Discussion of Comments, Changes,
and the Rule
As noted above, we received four
comments on our NPRM published
April 18, 2019.
The Coast Guard received three
comments in support of the proposed
rule, noting that additional Federal
safety and security measures not only
provides another layer of protection to
swimmers in the water but promotes
safety to all mariners in the race
vicinity.
The Coast Guard received one
comment regarding an adjustment to the
proposed start time in the NPRM of 5:00
a.m. for both race days in October,
noting that during past races,
participants would encounter
unfavorable swim conditions. The
commenter suggested moving the 5:00
a.m. start time to 3:45 a.m., to allow
waters to calm and adjust race times if
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necessary. Additionally, the Coast
Guard would have ample time to ensure
the race course is clear of vessels and
other non-participants.
We agree, and the final rule includes
language stating the start time for both
races in October.
The Coast Guard received one
notification from event sponsor that race
days are subject to change from
Saturdays to Sundays depending on
Cruise ship operations. Cruise Ship
Operations occurring in the Kailua-Kona
Security Zone, 33 CFR 165.30 prohibit
persons or vessels from entering without
express permission of the Captain of the
Port Honolulu.
We agree, and the proposed final rule
includes a change in language from
‘‘consecutive Saturdays’’ to
‘‘consecutive weekends’’ to
accommodate race day changes.
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 size, location, duration,
event history, time of day, and time of
year of the regulated area which would
impact a small designated area of Kailua
Bay. Vessel traffic will be able to safely
transit around the event. Moreover, the
Coast Guard will issue a Broadcast
Notice to Mariners via VHF–FM marine
channel 16 about the regulation and will
promulgate a Notice of Enforcement and
issue a Local Notice to Mariners each
year. Finally, the rule would allow
vessels to seek permission to enter the
regulated area, transit around the race
area, and vessel traffic would be able to
safely transit the regulated area once the
COTP of Honolulu’s PATCOM deems it
safe to do so.
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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 no 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
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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 call
or email the person listed in the FOR
FURTHER INFORMATION CONTACT section.
E. Unfunded Mandates Reform Act
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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
implementation of regulations within 33
CFR 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 in Table 3–
1 of U.S. Coast Guard Environmental
Planning Implementing Procedures. A
Record of Environmental Consideration
supporting this determination is
available in the docket where indicated
under ADDRESSES.
16:27 Sep 27, 2019
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List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water),
Reporting and recordkeeping
requirements, 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
1. The authority citation for part 100
continues to read as follows:
■
Authority: 46 U.S.C. 70041; 33 CFR 1.05–
1.
■
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.
VerDate Sep<11>2014
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.
2. Add § 100.1402 to read as follows:
§ 100.1402 Special Local Regulation;
Kailua Bay, Ironman World Championship,
Kailua-Kona, Hawaii.
(a) 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 (COTP) Honolulu
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 his 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.
Enforcement vessels are designated
vessels authorized by the COTP
Honolulu, the event PATCOM, or COTP
Honolulu’s designated representatives
to support the safety and security of the
marine event.
Official Patrol means any vessel
assigned or approved by Commander,
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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.
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.
(b) Location. All coordinates reference
Datum NAD 1983.
(1) Regulated area. All navigable
waters within Kailua Bay and
encompasses the course area and
surrounding 100-yard buffer area. This
course area and 100-yard buffer area
extends from the surface of the water to
the ocean floor.
(2) Course area. The 2.24 mile (4,224
yards) swim course is a temporary
marked swim course within the
regulated area located in Kailua Bay.
(3) Buffer area. All navigable waters
100 yards outside of the perimeter of the
course area, described in paragraph
(c)(4) of this section.
(c) Special local regulations. (1) The
COTP Honolulu 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 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
Honolulu or PATCOM may terminate
the event at any time the COTP
Honolulu 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 Honolulu, the
event PATCOM, or COTP Honolulu
designated representatives, to patrol the
regulated area.
(4) The regulated area consists of all
navigable waters starting at the
shoreline northeast of Kailua Pier at
19°38.341′ N, 155°59.782′ W; thence
southeast to 19°37.416′ N, 155°59.444′
W; thence southwest to 19°37.397′ N,
155°59.500′ W; thence northwest to
19°38.150′ N, 155°59.760′ W, thence
north and back to Kailua Pier at
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19°38.398′ N, 155°59.816′ W, and
returning along the pier to the
originating point on the shoreline at to
19°38.341′ N, 155°59.782′ W.
(5) Spectators shall not enter into,
anchor, block, loiter, or impede the
transit of participants or support/
enforcement vessels in the regulated
area during the enforcement of this
section, unless cleared for entry by the
COTP Honolulu, the event PATCOM, or
the COTP’s designated representatives.
(6) Persons desiring to transit the
regulated area identified may contact
the COTP Honolulu in advance at the
Sector Honolulu Command Center
telephone number (808) 842–2600 and
(808) 842–2601 or immediately prior to
or during the event to the COTP
Honolulu’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 instructions of the COTP Honolulu,
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.
(7) If enforcement of the regulated
area is no longer necessary, the COTP
Honolulu, 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 the first two weekends in
October annually. The Coast Guard will
publish a notice in the Fourteenth Coast
Guard District Local Notice to Mariners,
a Notice of the Enforcement in the
Federal Register, and issue a marine
information broadcast on VHF–FM
marine band radio on channel 16
announcing specific event date and
times.
Dated: September 18, 2019.
A.B. Avanni,
Captain, U.S. Coast Guard, Captain of the
Port Honolulu.
[FR Doc. 2019–20627 Filed 9–27–19; 8:45 am]
BILLING CODE 9110–04–P
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DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2019–0804]
RIN 1625–AA00
Safety Zone; Grand Haven Fireworks,
Lake Michigan, Grand Haven, MI
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone for
navigable waters of Lake Michigan and
the Grand River in Grand Haven, MI.
The safety zone is needed to protect
personnel, vessels, and the marine
environment from potential hazards
created by a fireworks display. Entry of
vessels or persons into this zone is
prohibited unless specifically
authorized by the Captain of the Port
Lake Michigan (COTP).
DATES: This rule is effective from 7:30
p.m. on September 30, 2019, through
9:30 p.m. on October 1, 2019.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2019–
0804 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 Chief Petty Officer Kyle Weitzell,
U.S. Coast Guard; telephone 414–747–
7148, email Kyle.W.Weitzell@uscg.mil.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ 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
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51405
good cause exists for not publishing a
notice of proposed rulemaking (NPRM)
with respect to this rule because the
COTP received notice of the fireworks
display on September 4, 2019 and final
details on September 12, 2019. Delaying
the effective date of this rule to wait for
a comment period to run would be
impracticable and contrary to the public
interest by inhibiting the Coast Guard’s
ability to protect the public, mariners,
spectators, and vessels on September 30,
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. For the reasons discussed in
the preceding paragraph, delaying the
effective date of this rule would be
impracticable because immediate action
is needed to respond to the potential
safety hazards associated with a
fireworks display scheduled for
September 30, 2019, with a backup date
established for October 1, 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 COTP
has determined that potential hazards
associated with a fireworks display
scheduled for September 30, 2019, with
a backup date established for October 1,
2019, will be a safety concern for
anyone within a 300 foot radius of the
fireworks launch site that is in close
proximity to Lake Michigan and the
Grand River in Grand Haven, MI. This
rule is needed to protect personnel,
vessels, and the marine environment in
the navigable waters within the safety
zone immediately before, during, and
following the fireworks display.
IV. Discussion of the Rule
This rule establishes a safety zone that
will be enforced from 7:30 p.m. through
9:30 p.m. on September 30, 2019, with
a rain date of 7:30 p.m. through 9:30
p.m. on October 1, 2019. The safety
zone will cover all navigable waters of
Lake Michigan and the Grand River
within 300 feet of the fireworks launch
site at coordinates 43°03.240′ N,
086°15.360′ W.
The duration of the zone is intended
to protect personnel, vessels, and the
marine environment in these navigable
waters from falling embers and
fireworks debris associated with the
fireworks display. Entry into, transiting,
or anchoring within the safety zone is
prohibited unless authorized by the
COTP or a designated on-scene
representative. The COTP or a
designated on-scene representative may
be contacted via VHF Channel 16.
E:\FR\FM\30SER1.SGM
30SER1
]]>Agencies
[Federal Register Volume 84, Number 189 (Monday, September 30, 2019)]
[Rules and Regulations]
[Pages 51402-51405]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-20627]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2019-0150]
RIN 1625-AA08
Special Local Regulation; Kailua Bay, Ironman World Championship,
Kailua-Kona, Hawaii
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
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SUMMARY: The Coast Guard is establishing a recurring special local
regulation for certain waters of Kailua Bay, Hawaii. This action is
necessary to provide for the safety of life on these navigable waters
located at Kailua-Kona, HI, during the swim portion of the Ironman
World Championship Triathlon and practice swim held on consecutive
weekends annually in October. On both days, the swim events are held
from 3:45 a.m. to 11 a.m. This rulemaking prohibits persons and vessels
from being in the regulated area each day of the event unless
authorized by the Captain of the Port Honolulu.
DATES: This rule is effective September 30, 2019.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2019-0150 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 Chief Jason Olney, Waterways Management Division, U.S.
Coast Guard Sector Honolulu; telephone (808) 522-8265, 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
SLR Special Local Regulation
U.S.C. United States Code
II. Background Information and Regulatory History
On April 18, 2019, the Coast Guard published a Notice of Proposed
Rulemaking (NPRM) in the Federal Register (84 FR 16223) entitled
``Special Local Regulation; Kailua Bay, Ironman World Championship,
Kailua-Kona, Hawaii.'' In the NPRM we stated why we issued the NPRM,
and invited comments on our proposed regulatory action related to this
swim event. During the comment period that ended May 18, 2019, we
received four comments.
This annual event consists of a practice swim and then a race swim
held on two consecutive weekends in October. This event is a world
famous triathlon with participants coming from around the world to
compete. The event occurs within the ocean waters of Kailua Bay, HI.
Each swim event consists of 2,500 participants swimming a 2.4 mile
(4,224 yard) marked race course located in navigable shallow ocean
waters. Because of increased spectator pleasure craft drawn to support
and view the Ironman swim event, spectator vessel traffic poses a
significant safety hazard due to the limited maneuverability of swim
participants and vessels navigating in close proximity to the
designated area.
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. Due to the comments received and
evaluation of those comments, the Coast Guard is unable to publish this
final rule in time to meet the 30 day
[[Page 51403]]
requirement. Delaying the effective date would be contrary to the
rule's objectives of protecting safety of life on the navigable waters
in the vicinity of the large swim event.
III. Legal Authority and Need for Rule
The COTP Honolulu is establishing a recurring special local
regulation to be enforced from 3:45 a.m. to 11 a.m., on consecutive
weekends in October annually. For both the race itself and the practice
swim event, six hours are required for all participants to complete the
swim course. The regulated area would 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 to 19[deg]38.341' N,
155[deg]59.782' W. The statutory basis for this rulemaking is 46 U.S.C.
70041, which gives the coast Guard, under a delegation from the
Secretary of the Department of Homeland Security regulatory authority
to enforce the Ports and Waterways Safety Act.
The 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 vessels and navigable waters in the
special local regulation before, during, and after the event.
IV. Discussion of Comments, Changes, and the Rule
As noted above, we received four comments on our NPRM published
April 18, 2019.
The Coast Guard received three comments in support of the proposed
rule, noting that additional Federal safety and security measures not
only provides another layer of protection to swimmers in the water but
promotes safety to all mariners in the race vicinity.
The Coast Guard received one comment regarding an adjustment to the
proposed start time in the NPRM of 5:00 a.m. for both race days in
October, noting that during past races, participants would encounter
unfavorable swim conditions. The commenter suggested moving the 5:00
a.m. start time to 3:45 a.m., to allow waters to calm and adjust race
times if necessary. Additionally, the Coast Guard would have ample time
to ensure the race course is clear of vessels and other non-
participants.
We agree, and the final rule includes language stating the start
time for both races in October.
The Coast Guard received one notification from event sponsor that
race days are subject to change from Saturdays to Sundays depending on
Cruise ship operations. Cruise Ship Operations occurring in the Kailua-
Kona Security Zone, 33 CFR 165.30 prohibit persons or vessels from
entering without express permission of the Captain of the Port
Honolulu.
We agree, and the proposed final rule includes a change in language
from ``consecutive Saturdays'' to ``consecutive weekends'' to
accommodate race day changes.
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 size,
location, duration, event history, time of day, and time of year of the
regulated area which would impact a small designated area of Kailua
Bay. Vessel traffic will be able to safely transit around the event.
Moreover, the Coast Guard will issue a Broadcast Notice to Mariners via
VHF-FM marine channel 16 about the regulation and will promulgate a
Notice of Enforcement and issue a Local Notice to Mariners each year.
Finally, the rule would allow vessels to seek permission to enter the
regulated area, transit around the race area, and vessel traffic would
be able to safely transit the regulated area once the COTP of
Honolulu's PATCOM deems it safe to do so.
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 no 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
[[Page 51404]]
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 call or email the person listed in the FOR FURTHER INFORMATION
CONTACT section.
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 implementation of regulations within 33
CFR 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 in Table 3-1 of U.S. Coast Guard Environmental Planning
Implementing Procedures. 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 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 recordkeeping
requirements, 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. 100.1402 to read as follows:
Sec. 100.1402 Special Local Regulation; Kailua Bay, Ironman World
Championship, Kailua-Kona, Hawaii.
(a) 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 (COTP) Honolulu 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 his 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.
Enforcement vessels are designated vessels authorized by the COTP
Honolulu, the event PATCOM, or COTP Honolulu'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.
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.
(b) Location. All coordinates reference Datum NAD 1983.
(1) Regulated area. All navigable waters within Kailua Bay and
encompasses the course area and surrounding 100-yard buffer area. This
course area and 100-yard buffer area extends from the surface of the
water to the ocean floor.
(2) Course area. The 2.24 mile (4,224 yards) swim course is a
temporary marked swim course within the regulated area located in
Kailua Bay.
(3) Buffer area. All navigable waters 100 yards outside of the
perimeter of the course area, described in paragraph (c)(4) of this
section.
(c) Special local regulations. (1) The COTP Honolulu 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 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
Honolulu or PATCOM may terminate the event at any time the COTP
Honolulu 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 Honolulu, the event PATCOM, or COTP Honolulu designated
representatives, to patrol the regulated area.
(4) The regulated area consists of 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
[[Page 51405]]
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.
(5) Spectators shall not enter into, anchor, block, loiter, or
impede the transit of participants or support/enforcement vessels in
the regulated area during the enforcement of this section, unless
cleared for entry by the COTP Honolulu, the event PATCOM, or the COTP's
designated representatives.
(6) Persons desiring to transit the regulated area identified may
contact the COTP Honolulu in advance at the Sector Honolulu Command
Center telephone number (808) 842-2600 and (808) 842-2601 or
immediately prior to or during the event to the COTP Honolulu'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 instructions of
the COTP Honolulu, 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.
(7) If enforcement of the regulated area is no longer necessary,
the COTP Honolulu, 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 the first two weekends in October annually. The Coast Guard will
publish a notice in the Fourteenth Coast Guard District Local Notice to
Mariners, a Notice of the Enforcement in the Federal Register, and
issue a marine information broadcast on VHF-FM marine band radio on
channel 16 announcing specific event date and times.
Dated: September 18, 2019.
A.B. Avanni,
Captain, U.S. Coast Guard, Captain of the Port Honolulu.
[FR Doc. 2019-20627 Filed 9-27-19; 8:45 am]
BILLING CODE 9110-04-P
