[Federal Register Volume 89, Number 90 (Wednesday, May 8, 2024)]
[Proposed Rules]
[Pages 38857-38860]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-10023]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2024-0261]
RIN 1625-AA11


Safety Zones, Lake Erie and Cuyahoga River, Cleveland, OH

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard is proposing to establish temporary safety 
zones for certain waters of Lake Erie, Cleveland Harbor, and the 
Cuyahoga River. This action is necessary to provide for the safety of 
life on these navigable waters near Cleveland, Ohio during the 2024 
Pan-American Masters Games (Aquatic Sporting Events) from July 12 
through July 15, 2024. This proposed rulemaking would prohibit persons 
and vessels from entering these safety zones unless authorized by the 
Captain of the Port Sector Eastern Great Lakes or a designated 
representative. We invite your comments on this proposed rulemaking.

DATES: Comments and related material must be received by the Coast 
Guard on or before June 7, 2024.

ADDRESSES: You may submit comments identified by docket number USCG-
2024-0261 using the Federal Decision-Making Portal at https://www.regulations.gov. See the ``Public Participation and Request for 
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further 
instructions on submitting comments. This notice of proposed rulemaking 
with its plain-language, 100-word-or-less proposed rule summary will be 
available in this same docket.

FOR FURTHER INFORMATION CONTACT: If you have questions about this 
proposed rulemaking, contact LT Jared Stevens, Waterways Management 
Division, MSU Cleveland, U.S. Coast Guard; via telephone at 216-937-
0124, or by email at [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, Purpose, and Legal Basis

    On January 22, 2024, the Greater Cleveland Sports Commission 
notified the Coast Guard that it will be hosting the 2024 Pan-American 
Masters Games (Aquatic Sporting Events) from July 12 through July 15, 
2024. The five (5) Aquatic Sporting Events will be: Sailing, Triathlon 
(swim portion), Stand Up Paddleboard--Technical, Stand-Up Paddleboard--
Distance, and Rowing. These events are to take place in Lake Erie, 
Cleveland Harbor's East Basin Channel, Edgewater Beach, and the 
Cuyahoga River in Cleveland, Ohio. The Captain of the Port Sector 
Eastern Great Lakes has determined that safety zones covering certain 
navigable waters of Lake Erie, the Cleveland Harbor East Basin, and the 
Cuyahoga River in Cleveland, Ohio, are needed to protect participants 
during the 2024 Pan-American Masters Games' Aquatic Events.
    The purpose of this rulemaking is to ensure the safety of 
participants, vessels, and the navigable waters before, during, and 
after the scheduled events. The Coast Guard is proposing this 
rulemaking under its authority granted in 46 U.S.C. 70034.

III. Discussion of Proposed Rule

    The Captain of the Port Sector Eastern Great Lakes (COTP) is 
proposing to establish the following safety zones covering certain 
navigable waters of Lake Erie, including the Cleveland Harbor East 
Basin Channel, Edgewater Beach, and the Cuyahoga River. The duration 
and location of these zones are intended to ensure the safety of 
participants on these navigable waters before, during, and after each 
of the 2024 Pan-American Masters Games' aquatic sporting events. The 
zones may require enforcement beyond the stated times if the marine 
events run into unforeseen delays. No vessel or person would be 
permitted to enter the safety zones listed directly below without 
permission from the COTP or a designated representative. The regulatory 
text we are proposing appears at the end of this document.
    (1) Sailing: The boundaries of the four (4) sailing race course 
safety zones are: ``Area 1'' centered on 41[deg]30'50.4'' N, 
081[deg]45'00.0'' W with a radius of 2,700 yards, ``Area 2'' centered 
on 41[deg]33'00.0'' N, 081[deg]45'00.0'' W with a radius of 2,700 
yards, ``Area 3'' centered on 41[deg]34'01.2'' N, 081[deg]38'24.0'' W 
with a radius of 2,700 yards, and ``Area 4'' which forms a rectangle of 
which the four corners of the polygon would be located in positions: 
(1) 41[deg]30'49.64'' N, 081[deg]42'9.81'' W; (2) 41[deg]32'37.78'' N, 
081[deg]39'33.01'' W, (3) 41[deg]32'20.99'' N, 081[deg]38'49.79'' W, 
(4) 41[deg]30'42.27'' N, 81[deg]42'01.59'' W. The COTP is proposing to 
establish the safety zones for Areas 1, 2, and 3 from 7:30 a.m. to 5:00 
p.m. on July 12 through July 14, and the safety zone for Area 4 from 
11:30 a.m. to 3:30 p.m. on July 13, 2024.
    (2) Triathlon: The boundaries of the safety zone would form a 
rectangle of which the four corners of the polygon would be located in 
the following positions: The boundaries of the safety zone form a 
rectangle with the four corners of the polygon located in the following 
positions: (1) 41[deg]29'15.76'' N, 081[deg]44'46.34'' W; (2) 
41[deg]29'27.96'' N, 081[deg]44'49.87'' W, (3) 41[deg]29'31.98'' N, 
081[deg]44'24.01'' W, (4) 41[deg]29'27.46'' N, 81[deg]44'22.51'' W. The 
COTP is proposing to establish this safety zone from 1:30 p.m. to 4:30 
p.m. on July 13, 2024, and again from 5:30 a.m. to 9:30 a.m. on July 
14, 2024.
    (3) Stand Up Paddleboard--Technical: The boundaries of the safety 
zone form a rectangle with the four corners of the polygon located in 
the following positions: (1) 41[deg]29'15.76'' N, 081[deg]44'46.34'' W; 
(2) 41[deg]29'27.96'' N, 081[deg]44'49.87'' W, (3) 41[deg]29'31.98'' N, 
081[deg]44'24.01'' W, (4) 41[deg]29'27.46'' N, 81[deg]44'22.51'' W. The 
COTP is proposing to establish the safety zone from 5:30 a.m. to 12:30 
p.m. on July 13, 2024, with a back-up rain day from 5:30 a.m. to 12:30 
p.m. on July 15, 2024.
    (4) Stand Up Paddleboard--Distance: The safety zone would cover all 
navigable waters of the Cuyahoga River in Cleveland, Ohio between the 
following two boundaries, which are formed by lines extending 
perpendicular from bank to bank, centered on: (1) 41[deg]29'55.37'' N, 
081[deg]42'21.26'' W (near the Route 2 Bridge), and (2) 
41[deg]29'14.79'' N, 081[deg]40'47.87'' W (near Marathon Bend). The 
COTP is proposing to establish the safety zone from 12:30 p.m. to 5:30 
p.m. on July 14, 2024.
    (5) Rowing: The safety zone would cover all navigable waters of the 
Cuyahoga River in Cleveland, Ohio between the following two boundaries, 
which are formed by lines extending perpendicular from bank to bank, 
centered on: (1) 41[deg]29'35.09'' N, 081[deg]42'14.19'' W (near Center 
Street Bridge), and (2) 41[deg]29'23.64'' N, 081[deg]41'37.28'' W (near 
Carnegie Avenue Bridge). The COTP is proposing to

[[Page 38858]]

establish the safety zone from 5:30 a.m. to 1:30 p.m. on July 14, 2024.

IV. Regulatory Analyses

    We developed this proposed 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 NPRM has not been designated a ``significant 
regulatory action,'' under section 3(f) of Executive Order 12866, as 
amended by Executive Order 14094 (Modernizing Regulatory Review). 
Accordingly, the NPRM has not been reviewed by the Office of Management 
and Budget (OMB).
    This regulatory action determination is based on size, location, 
and duration of the proposed rule. These safety zones would restrict 
navigation through the five (5) Aquatic Sports areas: (1) Sailing for 
eight (8) hours on one day, and nine and one-half (9.5) hours on three 
(3) days; (2) Triathlon for three (3) hours on one day, and four (4) 
hours on one day; (3) Stand Up Paddleboard--Technical for seven (7) 
hours on one day; (4) Stand Up Paddleboard--Distance for five (5) hours 
on one day; and (5) Rowing for eight (8) hours on one day.

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 
proposed rule would 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 
IV.A above, this proposed rule would not have a significant economic 
impact on any vessel owner or operator.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this proposed rule 
would have a significant economic impact on it, please submit a comment 
(see ADDRESSES) explaining why you think it qualifies and how and to 
what degree this rule would economically affect it.
    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 proposed rule. If the proposed 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. The Coast Guard will not 
retaliate against small entities that question or complain about this 
proposed rule or any policy or action of the Coast Guard.

C. Collection of Information

    This proposed rule would 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 proposed 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 proposed rule does not have tribal implications under 
Executive Order 13175 (Consultation and Coordination with Indian Tribal 
Governments) because it would 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 proposed 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 proposed rule would not 
result in such an expenditure, we do discuss the potential effects of 
this proposed rule elsewhere in this preamble.

F. Environment

    We have analyzed this proposed 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 made 
a preliminary determination 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 proposed rule involves the following safety zones:
    (1) Sailing: (1) safety zones lasting 9.5 hours each day that would 
prohibit entry in, out or thorough the Lake Erie sailing race Areas 1--
3 north of Cleveland, Ohio on July 12 through July 14, 2024, and (2) a 
safety zone lasting 4.0 hours that would prohibit entry in, out, or 
through the Cleveland Harbor East Basin.
    (2) Triathlon: safety zone lasting 3.0 hours that would prohibit 
entry in, out, or through waters of Lake Erie adjacent to Edgewater 
Beach in Cleveland, Ohio on July 13, 2024, and then again for 4.0 hours 
on July 14, 2024.
    (3) Stand Up Paddleboard--Technical: safety zone lasting 7.0 hours 
that would prohibit entry in, out, or through waters of Lake Erie 
adjacent to Edgewater Beach in Cleveland, Ohio on July 13, 2024.
    (4) Stand Up Paddleboard--Distance: safety zone lasting 5.0 hours 
that would prohibit entry in, out, or through the Cuyahoga River near 
the Route 2 Bridge (adjacent to Great Lakes Water Sports) to Marathon 
Bend on July 14, 2024.
    (5) Rowing: safety zone lasting 8.0 hours that would prohibit entry 
in, out, or through the Cuyahoga River from the Center Street Bridge to 
the Carnegie Avenue Bridge on July 14, 2024.
    Normally such actions are categorically excluded from further 
review under paragraph L63a of Appendix A, Table 1 of DHS Instruction 
Manual 023-01-001-01, Rev. 1. A preliminary 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. We seek any comments or information that may lead to the

[[Page 38859]]

discovery of a significant environmental impact from this proposed 
rule.

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.

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking 
and will consider all comments and material received during the comment 
period. Your comment can help shape the outcome of this rulemaking. If 
you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this document to which 
each comment applies, and provide a reason for each suggestion or 
recommendation.
    Submitting comments. We encourage you to submit comments through 
the Federal Decision-Making Portal at https://www.regulations.gov. To 
do so, go to https://www.regulations.gov, type USCG-2024-0261 in the 
search box and click ``Search.'' Next, look for this document in the 
Search Results column, and click on it. Then click on the Comment 
option. If you cannot submit your material by using https://www.regulations.gov, call or email the person in the FOR FURTHER 
INFORMATION CONTACT section of this proposed rule for alternate 
instructions.
    Viewing material in docket. To view documents mentioned in this 
proposed rule as being available in the docket, find the docket as 
described in the previous paragraph, and then select ``Supporting & 
Related Material'' in the Document Type column. Public comments will 
also be placed in our online docket and can be viewed by following 
instructions on the https://www.regulations.gov Frequently Asked 
Questions web page. Also, if you click on the Dockets tab and then the 
proposed rule, you should see a ``Subscribe'' option for email alerts. 
The option will notify you when comments are posted, or a final rule is 
published.
    We review all comments received, but we will only post comments 
that address the topic of the proposed rule. We may choose not to post 
off-topic, inappropriate, or duplicate comments that we receive.
    Personal information. We accept anonymous comments. Comments we 
post to https://www.regulations.gov will include any personal 
information you have provided. For more about privacy and submissions 
to the docket in response to this document, see DHS's eRulemaking 
System of Records notice (85 FR 14226, March 11, 2020).

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 is 
proposing to amend 33 CFR part 165 as follows:

PART 165--SAFETY OF LIFE ON NAVIGABLE WATERS

0
1. The authority citation for part 165 continues to read as follows:


    Authority: 46 U.S.C. 70034, 70051; 70124, 33 CFR 1.05-1, 6.04-1, 
6.04-6, and 160.5; Department of Homeland Security Delegation No. 
00170.1, Revision No. 01.3.

0
2. Add Sec.  165.T09-0261 to read as follows:


Sec.  165.T09-0261  Safety Zones, Lake Erie and Cuyahoga River, 
Cleveland, OH.

    (a) Location and enforcement period. The following safety zones 
will be enforced from July 12, 2024, through July 15, 2024, as 
described in paragraphs (a)(1) through (5) of this section within the 
Captain of the Port Zone Eastern Great Lakes (COTP) in the vicinity of 
Cleveland, Ohio.

------------------------------------------------------------------------
                                 Enforcement dates and
    Event        Location \1\          times \2\
------------------------------------------------------------------------
(1).........  Sailing..........  (i) Lake Erie: All     ``Areas 1-3 ''
                                  navigable waters       July 12-14 from
                                  within a 2,700 yd      7:30 a.m. to 5
                                  radius centered on     p.m.
                                  the following
                                  points: ``Area 1''
                                  centered on
                                  41[deg]30'50.4'' N,
                                  081[deg]45'00.0'' W,
                                  ``Area 2 '' centered
                                  on 41[deg]33'00.0''
                                  N, 081[deg]45'00.0''
                                  W, and ``Area 3 ''
                                  centered on
                                  41[deg]34'01.2'' N,
                                  081[deg]38'24.0'' W;
                                  and.
                                 (ii) Cleveland Harbor  ``Area 4 '' July
                                  East Basin: ``Area 4   13 from 11:30
                                  '' All navigable       a.m. to 3:30
                                  waters within a        p.m.
                                  rectangle with the
                                  four corners of the
                                  polygon located in
                                  the following
                                  positions: (1)
                                  41[deg]30'49.64'' N,
                                  081[deg]42'9.81'' W;
                                  (2)
                                  41[deg]32'37.78'' N,
                                  081[deg]39'33.01''
                                  W, (3)
                                  41[deg]32'20.99'' N,
                                  081[deg]38'49.79''
                                  W, (4)
                                  41[deg]30'42.27'' N,
                                  81[deg]42'01.59'' W.
(2).........  Triathlon........  All navigable waters   July 13, from
                                  of Lake Erie           1:30 p.m. to
                                  adjacent to            4:30 p.m. and
                                  Edgewater Beach in     again on July
                                  Cleveland, Ohio,       14 from 5:30
                                  within a rectangle     a.m. to 9:30
                                  of which the four      a.m.
                                  corners of the
                                  polygon are located
                                  in the following
                                  positions: (1)
                                  41[deg]29'15.76'' N,
                                  081[deg]44'46.34''
                                  W; (2)
                                  41[deg]29'27.96'' N,
                                  081[deg]44'49.87''
                                  W, (3)
                                  41[deg]29'31.98'' N,
                                  081[deg]44'24.01''
                                  W, (4)
                                  41[deg]29'27.46'' N,
                                  81[deg]44'22.51'' W.
(3).........  Stand Up           All navigable waters   July 13 from
               Paddleboard--Tec   of Lake Erie           5:30 a.m. to
               hnical:.           adjacent to            12:30 p.m. with
                                  Edgewater Beach in     a back-up rain
                                  Cleveland, Ohio,       day on July 15
                                  within a rectangle     from 5:30 a.m.
                                  of which the four      to 12:30 p.m.
                                  corners of the
                                  polygon are located
                                  in the following
                                  positions: (1)
                                  41[deg]29'15.76'' N,
                                  081[deg]44'46.34''
                                  W; (2)
                                  41[deg]29'27.96'' N,
                                  081[deg]44'49.87''
                                  W, (3)
                                  41[deg]29'31.98'' N,
                                  081[deg]44'24.01''
                                  W, (4)
                                  41[deg]29'27.46'' N,
                                  81[deg]44'22.51'' W.
(4).........  Stand Up           All navigable waters   July 14 from
               Paddleboard--Dis   of the Cuyahoga        12:30 p.m. to
               tance.             River in Cleveland,    5:30 p.m.
                                  Ohio between the
                                  following two
                                  boundaries, which
                                  are formed by lines
                                  extending
                                  perpendicular from
                                  bank to bank,
                                  centered on: (1)
                                  41[deg]29'55.37'' N,
                                  081[deg]42'21.26'' W
                                  (near the Route 2
                                  Bridge), and (2)
                                  41[deg]29'14.79'' N,
                                  081[deg]40'47.87'' W
                                  (near Marathon Bend).

[[Page 38860]]

 
(5).........  Rowing...........  All navigable waters   July 14 from
                                  of the Cuyahoga        5:30 a.m. to
                                  River in Cleveland,    1:30 p.m.
                                  Ohio between the
                                  following two
                                  boundaries, which
                                  are formed by lines
                                  extending
                                  perpendicular from
                                  bank to bank,
                                  centered on: (1)
                                  41[deg]29'35.09'' N,
                                  081[deg]42'14.19'' W
                                  (near Center Street
                                  Bridge), and (2)
                                  41[deg]29'23.64'' N,
                                  081[deg]41'37.28'' W
                                  (near Carnegie
                                  Avenue Bridge).
------------------------------------------------------------------------
\1\ All coordinates listed in paragraphs (a)(1) through (5) reference
  Datum NAD 1983.
\2\ The enforcement dates and times for each of the listed safety zones
  are subject to change. In the event of a change, the COTP will provide
  notice to the public by issuing a Broadcast Notice to Mariner and by
  updating the Local Notice to Mariners (if practicable).

    (b) Definitions. Official Patrol Vessel 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 COTP, in the enforcement of the 
regulations in this section. Participant means all persons and vessels 
attending the event.
    (c) Regulations. (1) The Coast Guard may patrol the event areas 
under the direction of a designated Coast Guard Patrol Commander. The 
Patrol Commander may be contacted on Channel 16 VHF-FM (156.8 MHz) by 
the call sign ``PATCOM.''
    (2) All persons and vessels not registered with the sponsor as 
participants or official patrol vessels are considered spectators. The 
``official patrol vessels'' consist of any Coast Guard, state or local 
law enforcement and sponsor provided vessels designated or assigned by 
the Captain of the Port Sector Eastern Great Lakes, to patrol the 
event.
    (3) Spectator vessels desiring to transit the regulated area may do 
so only with prior approval of the Patrol Commander and when so 
directed by that officer; spectator vessels will be operated at a no-
wake speed in a manner which will not endanger participants in the 
event or any other craft.
    (4) No spectator shall anchor, block, loiter, or impede the 
through-transit of official patrol vessels in the regulated area during 
the effective dates and times, unless cleared for entry by or through 
an official patrol vessel.
    (5) The Patrol Commander may forbid and control the movement of all 
vessels in the regulated area. When hailed or signaled by an official 
patrol vessel, a vessel shall come to an immediate stop and comply with 
the directions given. Failure to do so may result in expulsion from the 
area, citation for failure to comply, or both.
    (6) Any spectator vessel may anchor outside the regulated areas 
specified in this chapter, but may not anchor in, block, or loiter in a 
navigable channel.
    (7) The Patrol Commander may terminate the event or the operation 
of any vessel at any time it is deemed necessary for the protection of 
life or property.
    (8) The Patrol Commander will terminate enforcement of the special 
regulations at the conclusion of each individual event.

    Dated: May 2, 2024.
M.I. Kuperman,
Captain, U.S. Coast Guard, Captain of the Port Eastern Great Lakes.
[FR Doc. 2024-10023 Filed 5-7-24; 8:45 am]
BILLING CODE 9110-04-P