9110-04-P
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°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.”

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 Jeromy.N.Sherrill@uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR
DHS
FR
NPRM
§
U.S.C.

Code of Federal Regulations
Department of Homeland Security
Federal Register
Notice of proposed rulemaking
Section
United States Code

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.
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
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

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.
2. Add § 165.T09-0595 to read as follows:
§ 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°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.
(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 § 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: 9/9/2022 8:45 am; Publication Date: 9/12/2022]