[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\
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(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