[Federal Register Volume 89, Number 130 (Monday, July 8, 2024)]
[Rules and Regulations]
[Pages 55886-55888]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-14703]


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

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, Department of Homeland Security (DHS).

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing temporary safety zones for 
certain waters of Lake Erie 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 13 through July 14, 2024. This 
action 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.

DATES: This rule is effective from July 13, 2024, through July 14, 
2024.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2024-0261 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 
rulemaking, contact LT Jared Stevens with the U.S. Coast Guard Marine 
Safety Unit Cleveland's Waterways Management Division; via telephone at 
216-937-0111, or by email at [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port Sector Eastern Great Lakes
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

    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. Originally, the five (5) Aquatic Sporting Events were: Sailing, 
Triathlon (swim portion), Stand Up Paddleboard--Technical, Stand-Up 
Paddleboard--Distance, and Rowing. Since the original request, the 
event sponsor has limited the Aquatic Sporting Events to only Triathlon 
(swim portion) and Rowing. Details are found later in this document. 
These events are to take place in Lake Erie offshore adjacent to 
Edgewater Beach, and within 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, and the 
Cuyahoga River in Cleveland, Ohio, are needed to protect participants 
during the 2024 Pan-American Masters Games' Aquatic Events.
    In response, on May 8, 2024, the Coast Guard published a notice of 
proposed rulemaking (NPRM) titled Safety Zones, Lake Erie and Cuyahoga 
River, Cleveland, OH (89 FR 38857). There we stated why we issued the 
NPRM and invited comments on our proposed regulatory action related to 
these aquatic events. During the comment period that ended June 7, 
2024, we received one comment that was unrelated to the proposed 
rulemaking.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 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. The Captain of the Port Sector Eastern Great Lakes has determined 
that safety zones covering certain navigable waters of Lake Erie, and 
the Cuyahoga River in Cleveland, Ohio, are needed to protect 
participants during the 2024 Pan-American Masters Games' Aquatic 
Events.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received one comment that was unrelated to our 
NPRM published May 8, 2024. There are changes in the regulatory text of 
this rule from the proposed rule in the NPRM due to the reduction of 
the planned Aquatic Sporting Events from five (5) to two (2), and a 
reconfiguration of the Safety Zone for the July 13 Triathlon (swim) 
portion practice day. This rule establishes the following safety zones:
    (1) Triathlon (Practice Day): The boundaries of the July 13, 2024 
practice Triathlon (swim portion) safety zone form a rectangle of which 
the four corners of the polygon are located in the following positions: 
(1) 41[deg]29'27.46'' N, 081[deg]44'22.51'' W; (2) 41[deg]29'31.98'' N, 
081[deg]44'24.01'' W, (3) 41[deg]29'28.80'' N, 081[deg]44'33.01'' W, 
(4) 41[deg]29'17.72'' N, 81[deg]44'30.25'' W. The COTP will enforce 
this safety zone from 9:30 a.m. to 2:00 p.m. on July 13, 2024.
    (2) Triathlon (Event Day): The boundaries of the July 14 Triathlon 
(swim portion) safety zone form a rectangle of which the four 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. The COTP will enforce 
this safety zone from 5:30 a.m. to 9:30 a.m. on July 14, 2024.
    (3) Rowing: The safety zone covers 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 will enforce the safety zone from 
5:30 a.m. to 1:30 p.m. on July 14, 2024.

[[Page 55887]]

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 section 3(f) of Executive Order 12866, as 
amended by Executive Order 14094 (Modernizing Regulatory Review). 
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 regulated area. These safety 
zones will restrict navigation through the two (2) Aquatic Sports 
areas: (1) Triathlon for four and one-half (4.5) hours on one day, and 
four (4) hours on one day, and (2) Rowing for eight (8) hours on one 
day. For a total of 16.5 hours over the course of three days.

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 no 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 the 
following safety zones:
    (1) Triathlon: safety zone lasting 4.5 hours that prohibits 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.
    (2) 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.
    It is categorically excluded from further review under paragraph 
L63a 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 is 
amending 33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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;

[[Page 55888]]

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 13, 2024, through July 14, 2024, as 
described in paragraphs (a)(1) and (2) of this section within the 
Captain of the Port Zone Eastern Great Lakes (COTP) in the vicinity of 
Cleveland, Ohio.

----------------------------------------------------------------------------------------------------------------
                                                                                              Enforcement dates
              Event                                      Location \1\                           and times \2\
----------------------------------------------------------------------------------------------------------------
(1) (i) Triathlon (Practice Day).  All navigable waters of Lake Erie adjacent to Edgewater  July 13, from 9:30
                                    Beach in Cleveland, Ohio, within a rectangle of which    a.m. to 2 p.m.
                                    the four corners of the polygon are located in the
                                    following positions: (1) 41[deg]29'27.46'' N,
                                    081[deg]44'22.51'' W; (2) 41[deg]29'31.98'' N,
                                    081[deg]44'24.01'' W, (3) 41[deg]29'28.80'' N,
                                    081[deg]44'33.01'' W, (4) 41[deg]29'17.72'' N,
                                    81[deg]44'30.25'' W.
 (ii) Triathlon (Event Day)        All navigable waters of Lake Erie adjacent to Edgewater  July 14 from 5:30
                                    Beach in Cleveland, Ohio, within a rectangle of which    a.m. to 9:30 a.m.
                                    the four 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.
(2) Rowing.......................  All navigable waters of the Cuyahoga River in            July 14 from 5:30
                                    Cleveland, Ohio between the following two boundaries,    a.m. to 1:30 p.m.
                                    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) and (2) of this section 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. As used in this section:
    Official patrol vessel means any Coast Guard, State or local law 
enforcement and sponsor provided vessel designated or assigned by the 
Captain of the Port Sector Eastern Great Lakes, to patrol the event.
    Participant means all persons and vessels attending the event.
    Spectator means all persons and vessels not registered with the 
production company as participants or official patrol vessels.
    (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.
    (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: June 27, 2024.
M.I. Kuperman,
Captain, U.S. Coast Guard, Captain of the Port Eastern Great Lakes.
[FR Doc. 2024-14703 Filed 7-5-24; 8:45 am]
BILLING CODE 9110-04-P