Safety Zone; Ironman Michigan, Frankfort Harbor, MI, 55690-55692 [2022-19590]

Download as PDF 55690 Federal Register / Vol. 87, No. 175 / Monday, September 12, 2022 / Rules and Regulations 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 involves a safety zone that would prohibit entry within one half-mile of the new bridge site while transiting on the TNR, OHR, and while transiting and being lifted into a permanent postion on the CUMB. Normally such actions are categorically excluded from further review under paragraph L60(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. PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS DEPARTMENT OF HOMELAND SECURITY 1. The authority citation for part 165 continues to read as follows: Coast Guard ■ 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. Safety Zone; Ironman Michigan, Frankfort Harbor, MI § 165.T08–0463 Safety Zone; Tennessee River, Ohio River and Cumberland River; Paducah and Smithland; Kentucky. AGENCY: (a) Location. The safety zone will cover all navigable waters of the Tennessee River, Ohio River, and Cumberland River within one half mile of the new bridge, near Smithland, KY, span during transiting and lifting. (b) Enforcement period. This section will be subject to enforcement from 8 a.m. on September 12, 2022, and will continue through 8 a.m. on September 22, 2022, unless canceled earlier by the Captain of the Port Sector Ohio Valley (COTP). If there is inclement weather or other disruptions the U.S. Coast Guard (USCG) will inform mariners of the change in enforcement period via Broadcast Notice to Mariners on VHF– FM channel 16 and on-scene notice. (c) Regulations. (1) In accordance with the general regulations in § 165.23, entry of vessels or persons into the zone during transit operations is prohibited unless specifically authorized by the COTP or designated representative. A designated representative is a commissioned, warrant, or petty officer of the U.S. Coast Guard assigned to units under the operational control of USCG Sector Ohio Valley. (2) If permission is granted, all persons and vessels must comply with the instructions of the COTP or designated representative. Dated: September 6, 2022. H.R. Mattern, Captain, U.S. Coast Guard, Captain of the Port Sector Ohio Valley. [FR Doc. 2022–19544 Filed 9–9–22; 8:45 am] BILLING CODE 9110–04–P lotter on DSK11XQN23PROD with RULES1 ACTION: Coast Guard, DHS. Temporary final rule. The Coast Guard is establishing a temporary safety zone for certain waters of Betsie Lake in Frankfort, MI. This action is necessary to provide for the safety of life on these navigable waters during the swim portion of an Ironman event on September 11, 2022. This rulemaking would restrict usage by persons and vessels within the safety zone. At no time during the effective period may vessels transit the waters of Betsie Lake in the vicinity of a triangular shaped race course enclosed by the following three coordinates: 44°37.80′ N, ¥086°13.91′ W to 44°37.81′ N, ¥086°14.22′ W to 44°37.58′ N, ¥086°13.75′ W, then back to the starting point. The race course will be marked by buoys. These restrictions apply to all perons and vessels during the effective period unless authorized by the Captain of the Port Lake Michigan or a designated representative. DATES: This rule is effective on September 11, 2022, from 6 a.m. through 12 p.m. ADDRESSES: To view documents mentioned in this preamble as being available in the docket, go to https:// www.regulations.gov, type USCG–2022– 0595 in the search box and click ‘‘Search.’’ Next, in the Document Type column, select ‘‘Supporting & Related Material.’’ SUMMARY: If you have questions about this proposed rulemaking, call or email Chief Petty Officer Jeromy Sherrill, Sector Lake Michigan Waterways Management Division, U.S. Coast Guard; telephone 414–747–7148, email Jeromy.N.Sherrill@uscg.mil. SUPPLEMENTARY INFORMATION: FOR FURTHER INFORMATION CONTACT: 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 For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 165 as follows: Jkt 256001 RIN 1625–AA00 2. Add § 165.T08–0463 to read as follows: Harbors, Marine safety, Navigation (water), Reporting and recordkeeping requirements, Security measures, Waterways. 15:53 Sep 09, 2022 [Docket Number USCG–2022–0595] ■ List of Subjects in 33 CFR Part 165 VerDate Sep<11>2014 33 CFR Part 165 PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 E:\FR\FM\12SER1.SGM 12SER1 Federal Register / Vol. 87, No. 175 / Monday, September 12, 2022 / Rules and Regulations II. Background Information and Regulatory History On June 23, 2022, the Coast Guard was notified by the event sponsor of its intent to host Ironman Michigan in Frankfort, MI on September 11, 2022 from 8 a.m. to 10:15 a.m.. The swim will begin near Frankfort Municipal Marina in Betsie Lake. The race course will be triangular shaped area enclosed by the following coordinates: 44°37.80′ N, ¥086°13.91′ W to 44°37.81′ N, ¥086°14.22′ W to 44°37.58′ N, ¥086°13.75′ W, then back to the starting point. The race course will be marked by buoys. In response, on July 18, 2022, the Coast Guard published a notice of proposed rulemaking (NPRM) titled Safety Zone; Ironman Michigan, Frankfort Harbor, MI (87 FR 42985). There we stated why we issued the NPRM, and invited comments on our proposed regulatory action. During the comment period that ended August 18, 2022, we received 0 comments. 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 respond to the potential safety hazards associated with the event. 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 Port Sector Lake Michigan (COTP) has determined that potential hazards associated with the Michigan Ironman event would be a safety concern for anyone within the safety zone that is not participating in the event. The purpose of this rule is to ensure safety of vessels and the navigable waters in the safety zone before, during, and after the scheduled event. lotter on DSK11XQN23PROD with RULES1 IV. Discussion of Comments, Changes, and the Rule As noted above, we received no comments on our NPRM published July 18, 2022. There are no changes in the regulatory text of this rule from the proposed rule in the NPRM. This rule establishes a safety zone from 6 a.m. through 12 a.m. on September 11, 2022. The safety zone will cover all waters of Betsie Lake in the vicinity of a triangular shaped race course near Frankfort Municipal Marina in Frankfort, MI. The duration of the zone is intended to ensure the safety of vessels and these navigable waters before, during, and after the triathlon VerDate Sep<11>2014 15:53 Sep 09, 2022 Jkt 256001 event. No vessels or person would be permitted to enter the safety zone without obtaining permission from the COTP or a designated representative. 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 characteristics of the safety zone. The safety zone created by this proposed rule will relatively small and is designed to minimize its impact on navigable waters. This proposed rule will prohibit entry into certain navigable waters of Betsie Lake in Frankfort, MI, and it is not anticipated to exceed 6 hours in duration. Thus, restrictions on vessel movement within that particular area are expected to be minimal. Moreover, under certain conditions vessels may still transit through the safety zone when permitted by the COTP Lake Michigan. 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 00 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 PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 55691 economic impact on any vessel owner or operator. Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104–121), we want to assist small entities in understanding this rule. If the rule would affect your small business, organization, or governmental jurisdiction and you have questions concerning its provisions or options for compliance, please call or email the person listed in the FOR FURTHER INFORMATION CONTACT section. Small businesses may send comments on the actions of Federal employees who enforce, or otherwise determine compliance with, Federal regulations to the Small Business and Agriculture Regulatory Enforcement Ombudsman and the Regional Small Business Regulatory Fairness Boards. The Ombudsman evaluates these actions annually and rates each agency’s responsiveness to small business. If you wish to comment on actions by employees of the Coast Guard, call 1– 888–REG–FAIR (1–888–734–3247). The Coast Guard will not retaliate against small entities that question or complain about this rule or any policy or action of the Coast Guard. C. Collection of Information This rule will not call for a new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501–3520). D. Federalism and Indian Tribal Governments A rule has implications for federalism under Executive Order 13132, Federalism, if it has a substantial direct effect on the States, on the relationship between the National Government and the States, or on the distribution of power and responsibilities among the various levels of government. We have analyzed this rule under that Order and have determined that it is consistent with the fundamental federalism principles and preemption requirements described in Executive Order 13132. Also, this rule does not have tribal implications under Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, because it does not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes. E. Unfunded Mandates Reform Act The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531–1538) requires E:\FR\FM\12SER1.SGM 12SER1 55692 Federal Register / Vol. 87, No. 175 / Monday, September 12, 2022 / Rules and Regulations 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 6 hours that would prohibit entry within a relatively small portion of Betsie Lake. Normally such actions are categorically excluded from further review under paragraph L60(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: lotter on DSK11XQN23PROD with RULES1 The Environmental Protection Agency (EPA or the Agency) is disapproving State Implementation Plan § 165.T09–0595 Safety Zone; Ironman (SIP) submissions from New York and Michigan, Frankfort, MI. New Jersey addressing interstate (a) Location. All waters of Betsie Lake transport for the 2008 8-hour ozone in the vicinity of a triangular shaped national ambient air quality standards race course enclosed by the following (NAAQS). The ‘‘good neighbor’’ or three coordinates: 44°37.80′ N, ‘‘interstate transport’’ provision of the ¥086°13.91′ W to 44°37.81′ N, Clean Air Act (CAA) requires that each ¥086°14.22′ W to 44°37.58′ N, state’s SIP contain adequate provisions ¥086°13.75′ W, then back to the to prohibit emissions from within the starting point. state from significantly contributing to (b) Enforcement period. The safety nonattainment or interfering with zone described in paragraph (a) would maintenance of the NAAQS in other be effective on September 11, 2022 from states. This requirement is part of the 6 a.m. through 12 p.m. broader ‘‘infrastructure’’ requirements, (c) Regulations. (1) In accordance with which are designed to ensure that the the general regulations in section structural components of each state’s air § 165.23, entry into, transiting, or quality management program are anchoring within this safety zone is adequate to meet the state’s prohibited unless authorized by the responsibilities under the CAA. Captain of the Port Lake Michigan DATES : This final rule is effective on (COTP) or a designated representative. October 12, 2022. (2) This safety zone is closed to all ADDRESSES: The EPA has established a vessel traffic, except as may be docket for this action under Docket ID permitted by the COTP or a designated No. EPA–R02–OAR–2021–0631. All representative. (3) The ‘‘designated representative’’ of documents in the docket are listed on the COTP is any Coast Guard the https://www.regulations.gov commissioned, warrant, or petty officer website. Although listed in the index, who has been designated by the COTP some information is not publicly to act on his or her behalf. available, e.g., Confidential Business (4) Persons and vessel operators Information or other information whose desiring to enter or operate within the disclosure is restricted by statute. safety zone during the marine event Certain other material, such as must contact the COTP or an on-scene copyrighted material, is not placed on representative to obtain permission to the internet and will be publicly do so. The COTP or an on-scene available only in hard copy. Publicly representative may be contacted via available docket materials are available VHF Channel 16. Vessel operators given electronically through https:// permission to enter or operate in the www.regulations.gov. safety zone must comply with all FOR FURTHER INFORMATION CONTACT: directions given to them by the COTP or Kenneth Fradkin, Environmental an on-scene representative. Protection Agency, Region 2, 290 Dated: August 30, 2022. Broadway, New York, New York 10007– Joseph B. Parker, 1866, at (212) 637–3702, or by email at fradkin.kenneth@epa.gov. Captain, U.S. Coast Guard, Captain of the Port Lake Michigan. SUPPLEMENTARY INFORMATION: The [FR Doc. 2022–19590 Filed 9–9–22; 8:45 am] supplementary information section is BILLING CODE 9110–04–P arranged as follows: ENVIRONMENTAL PROTECTION AGENCY I. What is the background for this action? II. What comments were received in response to the EPA’s proposed action? III. What action is the EPA taking? IV. What are the consequences of a disapproved SIP? V. Statutory and Executive Order Reviews [EPA–R02–OAR–2021–0631; FRL–9125–02– R2] 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. Jkt 256001 SUMMARY: 40 CFR Part 52 ■ 15:53 Sep 09, 2022 2. Add § 165.T09–0595 to read as follows: Table of Contents PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS VerDate Sep<11>2014 ■ Air Plan Disapproval; New York and New Jersey; Interstate Transport Infrastructure SIP Requirements for the 2008 Ozone NAAQS Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: PO 00000 Frm 00010 Fmt 4700 Sfmt 4700 I. What is the background for this action? On November 3, 2021, the EPA published a Notice of Proposed Rulemaking (NPRM) that proposed to disapprove State Implementation Plan (SIP) submissions from New York and New Jersey pertaining to the E:\FR\FM\12SER1.SGM 12SER1

Agencies

[Federal Register Volume 87, Number 175 (Monday, September 12, 2022)]
[Rules and Regulations]
[Pages 55690-55692]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-19590]


-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2022-0595]
RIN 1625-AA00


Safety Zone; Ironman Michigan, Frankfort Harbor, MI

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing a temporary safety zone for 
certain waters of Betsie Lake in Frankfort, MI. This action is 
necessary to provide for the safety of life on these navigable waters 
during the swim portion of an Ironman event on September 11, 2022. This 
rulemaking would restrict usage by persons and vessels within the 
safety zone. At no time during the effective period may vessels transit 
the waters of Betsie Lake in the vicinity of a triangular shaped race 
course enclosed by the following three coordinates: 44[deg]37.80' N, -
086[deg]13.91' W to 44[deg]37.81' N, -086[deg]14.22' W to 44[deg]37.58' 
N, -086[deg]13.75' W, then back to the starting point. The race course 
will be marked by buoys. These restrictions apply to all perons and 
vessels during the effective period unless authorized by the Captain of 
the Port Lake Michigan or a designated representative.

DATES: This rule is effective on September 11, 2022, from 6 a.m. 
through 12 p.m.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2022-0595 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 
proposed rulemaking, call or email Chief Petty Officer Jeromy Sherrill, 
Sector Lake Michigan Waterways Management Division, U.S. Coast Guard; 
telephone 414-747-7148, 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

[[Page 55691]]

II. Background Information and Regulatory History

    On June 23, 2022, the Coast Guard was notified by the event sponsor 
of its intent to host Ironman Michigan in Frankfort, MI on September 
11, 2022 from 8 a.m. to 10:15 a.m.. The swim will begin near Frankfort 
Municipal Marina in Betsie Lake. The race course will be triangular 
shaped area enclosed by the following coordinates: 44[deg]37.80' N, -
086[deg]13.91' W to 44[deg]37.81' N, -086[deg]14.22' W to 44[deg]37.58' 
N, -086[deg]13.75' W, then back to the starting point. The race course 
will be marked by buoys. In response, on July 18, 2022, the Coast Guard 
published a notice of proposed rulemaking (NPRM) titled Safety Zone; 
Ironman Michigan, Frankfort Harbor, MI (87 FR 42985). There we stated 
why we issued the NPRM, and invited comments on our proposed regulatory 
action. During the comment period that ended August 18, 2022, we 
received 0 comments.
    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 
respond to the potential safety hazards associated with the event.

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 Port Sector Lake 
Michigan (COTP) has determined that potential hazards associated with 
the Michigan Ironman event would be a safety concern for anyone within 
the safety zone that is not participating in the event. The purpose of 
this rule is to ensure safety of vessels and the navigable waters in 
the safety zone before, during, and after the scheduled event.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received no comments on our NPRM published July 
18, 2022. There are no changes in the regulatory text of this rule from 
the proposed rule in the NPRM.
    This rule establishes a safety zone from 6 a.m. through 12 a.m. on 
September 11, 2022. The safety zone will cover all waters of Betsie 
Lake in the vicinity of a triangular shaped race course near Frankfort 
Municipal Marina in Frankfort, MI. The duration of the zone is intended 
to ensure the safety of vessels and these navigable waters before, 
during, and after the triathlon event. No vessels or person would be 
permitted to enter the safety zone without obtaining permission from 
the COTP or a designated representative.

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 
characteristics of the safety zone. The safety zone created by this 
proposed rule will relatively small and is designed to minimize its 
impact on navigable waters. This proposed rule will prohibit entry into 
certain navigable waters of Betsie Lake in Frankfort, MI, and it is not 
anticipated to exceed 6 hours in duration. Thus, restrictions on vessel 
movement within that particular area are expected to be minimal. 
Moreover, under certain conditions vessels may still transit through 
the safety zone when permitted by the COTP Lake Michigan.

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 00 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 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

[[Page 55692]]

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 6 hours that would prohibit entry within a 
relatively small portion of Betsie Lake. Normally such actions are 
categorically excluded from further review under paragraph L60(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.T09-0595 to read as follows:


Sec.  165.T09-0595  Safety Zone; Ironman Michigan, Frankfort, MI.

    (a) Location. All waters of Betsie Lake in the vicinity of a 
triangular shaped race course enclosed by the following three 
coordinates: 44[deg]37.80' N, -086[deg]13.91' W to 44[deg]37.81' N, -
086[deg]14.22' W to 44[deg]37.58' N, -086[deg]13.75' W, then back to 
the starting point.
    (b) Enforcement period. The safety zone described in paragraph (a) 
would be effective on September 11, 2022 from 6 a.m. through 12 p.m.
    (c) Regulations. (1) In accordance with the general regulations in 
section Sec.  165.23, entry into, transiting, or anchoring within this 
safety zone is prohibited unless authorized by the Captain of the Port 
Lake Michigan (COTP) or a designated representative.
    (2) This safety zone is closed to all vessel traffic, except as may 
be permitted by the COTP or a designated representative.
    (3) The ``designated representative'' of the COTP is any Coast 
Guard commissioned, warrant, or petty officer who has been designated 
by the COTP to act on his or her behalf.
    (4) Persons and vessel operators desiring to enter or operate 
within the safety zone during the marine event must contact the COTP or 
an on-scene representative to obtain permission to do so. The COTP or 
an on-scene representative may be contacted via VHF Channel 16. Vessel 
operators given permission to enter or operate in the safety zone must 
comply with all directions given to them by the COTP or an on-scene 
representative.

    Dated: August 30, 2022.
Joseph B. Parker,
Captain, U.S. Coast Guard, Captain of the Port Lake Michigan.
[FR Doc. 2022-19590 Filed 9-9-22; 8:45 am]
BILLING CODE 9110-04-P
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.