Special Local Regulation; Iron Man 70.3 Triathlon, Lake Erie; Sandusky, OH, 46073-46075 [2023-15227]

Download as PDF 46073 Federal Register / Vol. 88, No. 137 / Wednesday, July 19, 2023 / Rules and Regulations Country Entity * * IRELAND .......... * NORTH MACEDONIA. * * * * * [FR Doc. 2023–15343 Filed 7–18–23; 8:45 am] BILLING CODE 3510–33–P DEPARTMENT OF JUSTICE Drug Enforcement Administration [Docket No. DEA–716] Schedules of Controlled Substances: Placement of Brorphine in Schedule I; Correction Drug Enforcement Administration, Department of Justice. ACTION: Final order; correction. Correcting amendment. AGENCY: On March 6, 2023, the Drug Enforcement Administration published a final order placing 1-(1-(1-(4bromophenyl)ethyl)piperidin-4-yl)-1,3dihydro-2H-benzo[d]imidazol-2-one (commonly known as brorphine), including its isomers, esters, ethers, salts, and salts of isomers, esters, and ethers whenever the existence of such isomers, esters, ethers, and salts is possible within the specific chemical designation, in schedule I of the Controlled Substances Act. In an amendatory instruction, the document incorrectly designated certain paragraphs. This document corrects that instruction. DATES: This correcting amendment is effective July 19, 2023, and is applicable beginning March 6, 2023. FOR FURTHER INFORMATION CONTACT: Dr. Terrence L. Boos, Drug and Chemical SUMMARY: ddrumheller on DSK120RN23PROD with RULES1 For all items subject to the EAR. (See § 744.11 of the EAR). 16:28 Jul 18, 2023 Jkt 259001 For all items subject to the EAR. (See § 744.11 of the EAR). * Federal Register citation * Presumption of denial * * 88 FR [INSERT FR PAGE NUMBER 7/ 19/2023]. * Presumption of denial * * 88 FR [INSERT FR PAGE NUMBER 7/ 19/2023]. * * Evaluation Section, Diversion Control Division, Drug Enforcement Administration; Telephone: (571) 362– 3249. SUPPLEMENTARY INFORMATION: In FR Doc. 2023–04364, appearing on page 13692 in the Federal Register of Monday, March 6, 2023 (88 FR 13692), the following correction is made: DEPARTMENT OF HOMELAND SECURITY § 1308.11 Special Local Regulation; Iron Man 70.3 Triathlon, Lake Erie; Sandusky, OH [Corrected] 1. On page 13694, in the third column, amendatory instruction number 2 is corrected to read as follows: ■ ‘‘2. In § 1308.11: ■ a. Redesignate paragraphs (b)(22) through (b)(92) as (b)(23) through (b)(93);’’ ■ b. Add a new paragraph (b)(22); ■ c. Remove and reserve paragraph (h)(49). The addition reads as follows:’’ ■ 21 CFR Part 1308 License review policy * * * Thea D. Rozman Kendler, Assistant Secretary for Export Administration. VerDate Sep<11>2014 * Cytrox AD, a.k.a., the following one alias: —Sytrox. October 20, no. 1/1–1 Skopje, Karpos, North Macedonia; and Metropolitan Theodosij Gologanov 44, Skopje, Karpos, North Macedonia. * * * Intellexa Limited, a.k.a., the following one alias: —Intellexa Ltd. 3rd Floor, Ulysses House, Foley Street, Dublin 1, Dublin, Ireland, D01W2T2. * * License requirement Signing Authority This document of the Drug Enforcement Administration was signed on July 5, 2023, by Administrator Anne Milgram. That document with the original signature and date is maintained by DEA. For administrative purposes only, and in compliance with requirements of the Office of the Federal Register, the undersigned DEA Federal Register Liaison Officer has been authorized to sign and submit the document in electronic format for publication, as an official document of DEA. This administrative process in no way alters the legal effect of this document upon publication in the Federal Register. Scott Brinks, Federal Register Liaison Officer, Drug Enforcement Administration. [FR Doc. 2023–15249 Filed 7–18–23; 8:45 am] BILLING CODE P PO 00000 Frm 00027 Fmt 4700 Sfmt 4700 Coast Guard 33 CFR Part 100 [Docket Number USCG–2023–0536] RIN 1625–AA08 Coast Guard, DHS. Temporary final rule. AGENCY: ACTION: The Coast Guard will establish and enforce a special local regulation for the Ironman 70.3 Ohio Triathlon from 4:30 a.m. through 10 a.m. on July 23. 2023. This special local regulation is necessary to safely control vessel movements in the vicinity of the triathlon and provide for the safety of the general boating public and commercial shipping. During this enforcement period, no person or vessel may enter the regulated area without the permission of the Coast Guard Patrol Commander. SUMMARY: This special local regulation will be enforced from 4:30 a.m. through 10 a.m. on July 23, 2023. ADDRESSES: To view documents mentioned in this preamble as being available in the docket, go to https:// www.regulations.gov, type USCG–2023– 0536 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 on this rule, call or email the Command Duty Officer, MST1 Karl Dirksmeyer, Marine Safety Unit DATES: E:\FR\FM\19JYR1.SGM 19JYR1 46074 Federal Register / Vol. 88, No. 137 / Wednesday, July 19, 2023 / Rules and Regulations Toledo, Coast Guard; telephone (419) 392–0324, email D09-SMB-MSUToledoWWM@uscg.mil. SUPPLEMENTARY INFORMATION: 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 final 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 we must establish this special local regulation by July 23, 2023. 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 regulation would be impracticable. III. Legal Authority and Need for Rule The Coast Guard is issuing this rule under authority in 46 U.S.C. 70041. The Captain of the Port Detroit (COTP) has determined that potential hazards associated with the Ironman 70.3 Ohio Triathlon on July 23, 2023, will be a safety concern within 400 yards of the Dock Channel from the Jackson Street Pier to the Shelby Street Boat Launch for five and a half hours. This rule is needed to protect personnel, vessels, and the marine environment in the navigable waters near the Jackson St. Pier, Sandusky, OH. ddrumheller on DSK120RN23PROD with RULES1 IV. Discussion of the Rule This rule establishes a special local regulation from 4:30 a.m. through 10 a.m. on July 23, 2023. In light of the aforementioned hazards, the COTP has determined that a special local regulation is necessary to protect spectators, vessels, and participants. The special local regulation will encompass the following waterway: all U.S. navigable waters of Lake Erie within a 400 yard radius of the dock channel in Sandusky Bay in Sandusky, VerDate Sep<11>2014 16:28 Jul 18, 2023 Jkt 259001 OH, between the Jackson Street Pier and the Shelby Street Boat Launch. The COTP or his designated on-scene representative will notify the public of the enforcement of this rule by all appropriate means, including a Broadcast Notice to Mariners. 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 special local regulation. Vessel traffic will not be able to safely transit around this regulated area which would impact a small designated area of Sandusky Bay for a short duration, during the morning when vessel traffic is normally low. 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 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 area 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 PO 00000 Frm 00028 Fmt 4700 Sfmt 4700 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 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 E:\FR\FM\19JYR1.SGM 19JYR1 Federal Register / Vol. 88, No. 137 / Wednesday, July 19, 2023 / Rules and Regulations 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 special local regulation lasts five and one half hours that will prohibit entry within 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[61] 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 100 ddrumheller on DSK120RN23PROD with RULES1 1. The authority citation for part 100 continues to read as follows: Authority: 46 U.S.C. 70041; 33 CFR 1.05– 16:28 Jul 18, 2023 Jkt 259001 BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 Coast Guard, DHS. Temporary final rule. AGENCY: ACTION: The Coast Guard is establishing three temporary, 500-yard radius, moving security zones for certain vessels carrying Certain Dangerous Cargoes (CDC) within the Corpus Christi Ship Channel and the La Quinta Channel. The temporary security zones are needed to protect the vessels, the CDC cargo, and the surrounding waterway from terrorist acts, sabotage, SUMMARY: ■ VerDate Sep<11>2014 [FR Doc. 2023–15227 Filed 7–18–23; 8:45 am] Security Zones; Corpus Christi Ship Channel, Corpus Christi, TX PART 100—SAFETY OF LIFE ON NAVIGABLE WATERS 2. Add § 100.T05–911 to read as follows: Dated: July 13, 2023. Richard P. Armstrong, Captain, U.S. Coast Guard, Captain of the Port Detroit. RIN 1625–AA87 For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 100 as follows: ■ (a) Location. This special local regulation lasts 5.5 hours and will limit entry within the navigable waters of Sandusky Bay within a within a 400yard radius of the Dock Channel between located at position 41°27′36.48″ N, 082°42′54.84″ W and 41°27′25.05″ N, 082°43′26.64″ W. All geographic coordinates are North American Datum of 1983 (NAD 83). (b) Enforcement Period. The regulation will be enforced from 4:30 a.m. through 10 a.m. on July 23, 2023. The Captain of the Port Detroit will announce specific enforcement periods by Broadcast Notice to Mariners (BNM). (c) Regulations. (1) In accordance with the general regulations in § 100.911(b), No vessel may enter, transit through, or anchor within the regulated area without the permission of the Coast Guard Patrol Commander. (2) Vessel operators desiring to enter or operate within the regulated area shall contact the Coast Guard Patrol Commander to obtain permission to do so. Vessel operators given permission to enter or operate within the regulated area must comply with all directions given to them by the Coast Guard Patrol Commander. [Docket Number USCG–2023–0569] Marine safety, Navigation (water), Reporting and record keeping requirements, Security measures, Waterways. 1. § 100.T05–911 Special Local Regulations; Ironman 70.3 Triathlon, Lake Erie; Sandusky Bay, OH. PO 00000 Frm 00029 Fmt 4700 Sfmt 4700 46075 or other subversive acts, accidents, or other events of a similar nature. Entry of vessels or persons into these zones is prohibited unless specifically authorized by the Captain of the Port Sector Corpus Christi or a designated representative. DATES: This rule is effective without actual notice from July 19, 2023 until July 25, 2023. For the purposes of enforcement, actual notice will be used from July 10, 2023, until July 19, 2023. FOR FURTHER INFORMATION CONTACT: If you have questions about this rule, call or email Lieutenant Commander Anthony Garofalo, Sector Corpus Christi Waterways Management Division, U.S. Coast Guard; telephone 361–939–5130, email Anthony.M.Garofalo@uscg.mil. SUPPLEMENTARY INFORMATION: I. Table of Abbreviations CFR Code of Federal Regulations COTP Captain of the Port Sector Corpus Christi 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 good cause exists for not publishing a notice of proposed rulemaking (NPRM) with respect to this rule because it is impracticable. The Coast Guard must establish these security zones by July 10, 2023 to ensure security of these vessels and lacks sufficient time to provide a reasonable comment period and then consider those comments before issuing the rule. Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause exists for making this rule effective less than 30 days after publication in the Federal Register. Delaying the effective date of this rule would be contrary to the public interest because immediate action is needed to provide for the security of these vessels. III. Legal Authority and Need for Rule The Coast Guard may issue security zone regulations under authority in 46 E:\FR\FM\19JYR1.SGM 19JYR1

Agencies

[Federal Register Volume 88, Number 137 (Wednesday, July 19, 2023)]
[Rules and Regulations]
[Pages 46073-46075]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-15227]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2023-0536]
RIN 1625-AA08


Special Local Regulation; Iron Man 70.3 Triathlon, Lake Erie; 
Sandusky, OH

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard will establish and enforce a special local 
regulation for the Ironman 70.3 Ohio Triathlon from 4:30 a.m. through 
10 a.m. on July 23. 2023. This special local regulation is necessary to 
safely control vessel movements in the vicinity of the triathlon and 
provide for the safety of the general boating public and commercial 
shipping. During this enforcement period, no person or vessel may enter 
the regulated area without the permission of the Coast Guard Patrol 
Commander.

DATES: This special local regulation will be enforced from 4:30 a.m. 
through 10 a.m. on July 23, 2023.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0536 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 on this rule, 
call or email the Command Duty Officer, MST1 Karl Dirksmeyer, Marine 
Safety Unit

[[Page 46074]]

Toledo, Coast Guard; telephone (419) 392-0324, 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 final 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 we must establish this special local 
regulation by July 23, 2023.
    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 regulation would be impracticable.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C. 
70041. The Captain of the Port Detroit (COTP) has determined that 
potential hazards associated with the Ironman 70.3 Ohio Triathlon on 
July 23, 2023, will be a safety concern within 400 yards of the Dock 
Channel from the Jackson Street Pier to the Shelby Street Boat Launch 
for five and a half hours. This rule is needed to protect personnel, 
vessels, and the marine environment in the navigable waters near the 
Jackson St. Pier, Sandusky, OH.

IV. Discussion of the Rule

    This rule establishes a special local regulation from 4:30 a.m. 
through 10 a.m. on July 23, 2023. In light of the aforementioned 
hazards, the COTP has determined that a special local regulation is 
necessary to protect spectators, vessels, and participants. The special 
local regulation will encompass the following waterway: 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 COTP or his designated on-
scene representative will notify the public of the enforcement of this 
rule by all appropriate means, including a Broadcast Notice to 
Mariners.

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 special local regulation. 
Vessel traffic will not be able to safely transit around this regulated 
area which would impact a small designated area of Sandusky Bay for a 
short duration, during the morning when vessel traffic is normally low. 
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 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 
area 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 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

[[Page 46075]]

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 special local 
regulation lasts five and one half hours that will prohibit entry 
within 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[61] 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 100

    Marine safety, Navigation (water), Reporting and record keeping 
requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 100 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

0
1. The authority citation for part 100 continues to read as follows:

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

0
2. Add Sec.  100.T05-911 to read as follows:


Sec.  100.T05-911  Special Local Regulations; Ironman 70.3 Triathlon, 
Lake Erie; Sandusky Bay, OH.

    (a) Location. This special local regulation lasts 5.5 hours and 
will limit entry within the navigable waters of Sandusky Bay within a 
within a 400-yard radius of the Dock Channel between located at 
position 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) Enforcement Period. The regulation will be enforced from 4:30 
a.m. through 10 a.m. on July 23, 2023. The Captain of the Port Detroit 
will announce specific enforcement periods by Broadcast Notice to 
Mariners (BNM).
    (c) Regulations.
    (1) In accordance with the general regulations in Sec.  100.911(b), 
No vessel may enter, transit through, or anchor within the regulated 
area without the permission of the Coast Guard Patrol Commander.
    (2) Vessel operators desiring to enter or operate within the 
regulated area shall contact the Coast Guard Patrol Commander to obtain 
permission to do so. Vessel operators given permission to enter or 
operate within the regulated area must comply with all directions given 
to them by the Coast Guard Patrol Commander.

    Dated: July 13, 2023.
Richard P. Armstrong,
Captain, U.S. Coast Guard, Captain of the Port Detroit.
[FR Doc. 2023-15227 Filed 7-18-23; 8:45 am]
BILLING CODE 9110-04-P


This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.