Rules and Regulations. Temporary final rule

Agency: Coast Guard, Department of Homeland Security
Action: Temporary final rule
Citation: FR Doc. 2026-08714 · RIN 1625-AA08 · Docket Number USCG-2026-0477 · 33 CFR 100

Summary

The Coast Guard is establishing a temporary special local regulation (SLR) for certain navigable waters of Lake Erie. The SLR is needed to protect personnel, vessels, and the marine environment from potential hazards created during an overnight sailboat race beginning June 5, 2026, and ending the morning of June 6, 2026. This regulation prohibits persons and vessels from entering the regulated area unless specifically authorized by the Captain of the Port Detroit or their designated representative.

Dates

This rule is effective from 5 p.m. on June 5, 2026, through 10 a.m. on June 6, 2026.

Supplementary Information

I. Table of Abbreviations CFR Code of Federal Regulations COTP Captain of the Port 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 and Authority An organization notified the Coast Guard that from 5 p.m. on June 5, 2026, through 10 a.m. on June 6, 2026, they will sponsor an overnight sailing race. The Coast Guard received a request under 33 CFR 100.15 from the Toledo Yacht Club for a Marine Event Permit to host an overnight sailing race from the Toledo Harbor Light to South Bass Island on Lake Erie. The sailing event will include approximately 120 participants and 15 spectator craft. The Captain of the Port Detroit (COTP) is issuing this special local regulation (SLR) under the authority in 46 U.S.C. 70041. The COTP has determined that potential hazards associated with the overnight sailing race include increased vessel congestion due to the number of participants, restricted maneuverability of racing sailboats, and racing in the pathway of commercial traffic (ferries). The purpose of this rulemaking is to protect event participants, non-participants, and transiting vessels before, during, and after the scheduled event. Because of these potential hazards, the Coast Guard is issuing this rule without prior notice and comment. As is authorized by 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. We must establish this SLR by June 5, 2026, to protect personnel and vessels. Therefore, we do not have enough time to solicit and respond to comments. For the same reason, the Coast Guard finds that under 5 U.S.C. 553(d)(3), good cause exists for making this rule effective less than 30 days after publication in the Federal Register . III. Discussion of the Rule This rule establishes a temporary SLR from 5 p.m. on June 5, 2026, through 10 a.m. on June 6, 2026. The special local regulation will cover all navigable waters within 100 yards of the racing sailing vessels. No vessel or person will be permitted to enter the regulated area without obtaining permission from the COTP or their designated representative. IV. 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. A. Impact on Small Entities The regulatory flexibility analysis provisions of the Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, do not apply to rules that are not subject to notice and comment. Because the Coast Guard has, for good cause, waived the notice and comment requirement that would otherwise apply to this rulemaking, the Regulatory Flexibility Act's flexibility analysis provisions do not apply here. Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104-121), if this rule will affect your small business, organization, or governmental jurisdiction and you have questions, contact the person listed in the FOR FURTHER INFORMATION CONTACT section. Small businesses may send comments to the Small Business and Agriculture Regulatory Enforcement Ombudsman and the Regional Small Business Regulatory Fairness Boards by calling 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. B. 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). C. Federalism and Indian Tribal Governments We have analyzed this rule under Executive Order 13132, Federalism, and have determined that it is consistent with the fundamental federalism principles and preemption requirements described in that Order. 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. D. Unfunded Mandates Reform Act As required by The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538), the Coast Guard certifies that this rule will not result in an annual expenditure of $100,000,000 or more (adjusted for inflation) by a State, local, or tribal government, in the aggregate, or by the private sector. E. 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 et seq. ), 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 is a special local regulation. It is categorically excluded from further review under paragraph L61 of Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1. List of Subjects in 33 CFR Part 100 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 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. 2. Add § 100.T999-0477 to read as follows: § 100.T999-0477 Special Local Regulation; Lake Erie, OH. (a) Location. This special local regulation applies to the following regulated area: All waters of Lake Erie, from surface to bottom, within 100 yards of the participants in the race course, encompassed by a line connecting the following points for each of the following race courses: (1) Mills Trophy Course: starting from the Toledo Harbor Light, proceeding to the RACON Buoy at the base of the East Outer Channel, to West Sister Island, to Niagara Reef Buoy, to Scott Point Shoal Light, around the Sandusky Harbor (Mosley) Channel Buoy to Kelleys Island Shoal Buoy, to Gull Island Shoal Buoy to the BELL Buoy, east of Middle Bass Island at position: 41°40′47.2332″ N, 82°47′40.56″ W, and finishing at South Bass Island in position: 41°39′46.764″ N, 82°48′37.4112″ W. (2) President's Trophy Course: starting at the Toledo Harbor Light, to the outer Toledo Channel Buoy to the Niagara Reef Buoy to Catawba Island Buoy to Mouse Island to Scott Point Shoal Light to Ballast Island at position: 41°40′46.308″ N, 82°47′8.7576″ W, and finishing at South Bass Island in position: 41°39′46.764″ N, 82°48′37.4112″ W. (3) Governor's Cup Course: starting at the Toledo Harbor Light, to the outer Toledo Channel Buoy to Niagara Reef Buoy to Catawba Island Buoy to Mouse Island to Sandusky Harbor (Moseley) Channel Buoy to Kelley's Island Buoy then to Ballast Island at position: 41°40′46.308″ N, 82°47′8.7576″ W, finishing at South Bass Island in position: 41°39′46.764″ N, 82°48′37.4112″ W. The regulated area will move with the participants as they transit the waters. These coordinates are based on the World Geodetic System (WGS 84)/North American Datum 83 (NAD 83). (b) Definitions. As used in this section, designated representative means a Coast Guard Patrol Commander, including a Coast Guard coxswain, petty officer, or other officer operating a Coast Guard vessel and a Federal, State, and local officer designated by or assisting the Captain of the Port Sector Detroit (COTP) in the enforcement of the regulated area. Participant means all persons and vessels registered with the event sponsor as a participant in the race. (c) Regulations. (1) All non-participants are prohibited from entering, transiting through, anchoring in, or remaining within the regulated area described in paragraph (a) of this section unless authorized by the COTP or their designated representative. (2) To seek permission to enter, contact the COTP or the COTP's representative on VHF-FM channel 16. Those in the regulated area must comply with all lawful orders or directions given to them by the COTP or the COTP's designated representative. (d) Enforcement period. This section will be enforced from 5 p.m. on June 5, 2026, through 10 a.m. on June 6, 2026. Dated: April 22, 2026. Richard P. Armstrong, Captain, U.S. Coast Guard, Captain of the Port Detroit. [FR Doc. 2026-08714 Filed 5-4-26; 8:45 am]