[Federal Register Volume 89, Number 154 (Friday, August 9, 2024)]
[Rules and Regulations]
[Pages 65203-65205]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-17714]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2024-0714]
RIN 1625-AA00


Safety Zone, Lake Erie, Cleveland, OH

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for 
certain navigable waters of Lake Erie offshore of Edgewater Beach in 
Cleveland, Ohio. This action is necessary to provide for the safety of 
the swimming event participants on these waters during the Tri CLE Rock 
and Roll Run, to be held on August 17 and 18, 2024. Entry of vessels or 
persons into this zone is prohibited unless specifically authorized by 
the Captain of the Port, Sector Eastern Great Lakes, or a designated 
representative.

DATES: This rule is effective from 10 a.m. on August 17, 2024, through 
10:30 a.m. on August 18, 2024, with enforcement periods of 10 a.m. 
through 1:30 p.m. on August 17, 2024, and 4 a.m. through 10:30 a.m. on 
August 18, 2024.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2024-0714 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 rule, 
call or email Cody Mayrer at Marine Safety Unit Cleveland's Waterways 
Management Division, U.S. Coast Guard; telephone 216-937-0111, email 
[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 Information and Regulatory History

    The Coast Guard is issuing this temporary rule under authority in 5 
U.S.C. 553(b)(B). This statutory provision authorizes an agency to 
issue a rule without prior notice and opportunity to comment when the 
agency for good cause finds that those procedures are ``impracticable, 
unnecessary, or contrary to the public interest.'' The Coast Guard 
finds that good cause exists for not publishing a notice of proposed 
rulemaking (NPRM) with respect to this rule because this annual event 
requires a temporary location change from the usual event site and 
prompt action is required to establish the safety zone in order to 
ensure the safety of swimming event participants.
    Also, 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 because this annual event requires 
a temporary location change from the usual event site and prompt action 
is required to establish the safety zone in order to ensure the safety 
of swimming event participants.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C. 
70034. The Captain of the Port Sector Eastern Great Lakes (COTP) has 
determined that a safety zone is required to ensure the safety of 
participants and the navigable waters within the course of the swimming 
portion of the triathlon before, during, and after the scheduled marine 
event.

IV. Discussion of the Rule

    The COTP is establishing a temporary safety zone from 10:00 a.m. on 
August 17, 2024, through 10:30 a.m. on August 18, 2024, with 
enforcement periods of 10 a.m. through 1:30 p.m. on August 17, 2024, 
and 4 a.m. through 10:30 a.m. on August 18, 2024.
    The safety zone would cover all navigable waters and tributaries of 
Lake Erie offshore Edgewater Beach and immediately adjacent waters in 
Cleveland, OH. 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, 081[deg]44'22.51'' W. The duration of the zone 
is intended to ensure the safety of participants in these navigable 
waters before, during, and after the swim portion of the Tri CLE Rock 
Roll Run triathlon. No vessel 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 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 size, location, 
and duration of rule. This safety zone would restrict navigation for a 
relatively small area near Edgewater Beach for the swimming area for 
3.5 hours on August 17, 2024, and 6.5 hours on August 18, 2024.

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 rule 
will not have a

[[Page 65204]]

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 that will restrict navigation through the swimming area for 
3.5 hours on August 17, 2024, and 6.5 hours on August 18, 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 amends 
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; Department of Homeland Security Delegation No. 
00170.1, Revision No. 01.3


0
2. Add Sec.  165.T09-0714 to read as follows:


Sec.  165.T09-0714  Safety Zone, Lake Erie, Cleveland, OH.

    (a) Location. The safety zone covers all navigable waters and 
tributaries of Lake Erie within Edgewater Beach and immediately 
adjacent waters in Cleveland, OH. The boundaries of the safety zone 
form a rectangle with the corners of the polygon located at the 
following coordinates: (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, 081[deg]44'22.51'' W, 
then return to position (1) above (NAD 83).
    (b) Enforcement period. This section will be enforced from 10 a.m. 
through 1:30 p.m. on August 17, 2024, and from 4 a.m. through 10:30 
a.m. on August 18, 2024.
    (c) 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 Captain of the Port Sector 
Eastern Great Lakes, (COTP) in the enforcement of the regulations in 
this section. Participant means all persons and vessels attending the 
event.
    (d) Regulations. (1) The Coast Guard may patrol the event area 
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 and will be operated at a no wake speed in a 
manner which will not endanger participants in the event or any other 
craft.

[[Page 65205]]

    (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.
    (8) The Patrol Commander will terminate enforcement of the special 
regulations at the conclusion of the event.

    Dated: August 5, 2024.
Mark I. Kuperman,
Captain, U.S. Coast Guard, Captain of the Port Sector Eastern Great 
Lakes.
[FR Doc. 2024-17714 Filed 8-8-24; 8:45 am]
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