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

DEPARTMENT OF HOMELAND SECURITY <SUBAGY>Coast Guard</SUBAGY> <CFR>33 CFR Part 165</CFR> <DEPDOC>[Docket Number USCG-2024-0261]</DEPDOC> <RIN>RIN 1625-AA11</RIN> <SUBJECT>Safety Zones, Lake Erie and Cuyahoga River, Cleveland, OH</SUBJECT> <HD SOURCE="HED">AGENCY:</HD> Coast Guard, DHS. <HD SOURCE="HED">ACTION:</HD> Notice of proposed rulemaking. <SUM> <HD SOURCE="HED">SUMMARY:</HD> 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. </SUM> <DATES> <HD SOURCE="HED">DATES:</HD> Comments and related material must be received by the Coast Guard on or before June 7, 2024. </DATES> <HD SOURCE="HED">ADDRESSES:</HD> You may submit comments identified by docket number USCG-2024-0261 using the Federal Decision-Making Portal at <E T="03">https://www.regulations.gov.</E> See the “Public Participation and Request for Comments” portion of the <E T="02">SUPPLEMENTARY INFORMATION</E> 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. <FURINF> <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD> 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 <E T="03">Jared.M.Stevens@uscg.mil.</E> </FURINF> <SUPLINF> <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD> <HD SOURCE="HD1">I. Table of Abbreviations</HD> <EXTRACT> <FP SOURCE="FP-1">CFR Code of Federal Regulations</FP> <FP SOURCE="FP-1">DHS Department of Homeland Security</FP> <FP SOURCE="FP-1">FR Federal Register</FP> <FP SOURCE="FP-1">NPRM Notice of proposed rulemaking</FP> <FP SOURCE="FP-1">§ Section </FP> <FP SOURCE="FP-1">U.S.C. United States Code</FP> </EXTRACT> <HD SOURCE="HD1">II. Background, Purpose, and Legal Basis</HD> 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. <HD SOURCE="HD1">III. Discussion of Proposed Rule</HD> 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) <E T="03">Sailing:</E> The boundaries of the four (4) sailing race course safety zones are: “Area 1” centered on 41°30′50.4″ N, 081°45′00.0″ W with a radius of 2,700 yards, “Area 2” centered on 41°33′00.0″ N, 081°45′00.0″ W with a radius of 2,700 yards, “Area 3” centered on 41°34′01.2″ N, 081°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°30′49.64″ N, 081°42′9.81″ W; (2) 41°32′37.78″ N, 081°39′33.01″ W, (3) 41°32′20.99″ N, 081°38′49.79″ W, (4) 41°30′42.27″ N, 81°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) <E T="03">Triathlon:</E> 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°29′15.76″ N, 081°44′46.34″ W; (2) 41°29′27.96″ N, 081°44′49.87″ W, (3) 41°29′31.98″ N, 081°44′24.01″ W, (4) 41°29′27.46″ N, 81°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) <E T="03">Stand Up Paddleboard—Technical:</E> The boundaries of the safety zone form a rectangle with the four corners of the polygon located in the following positions: (1) 41°29′15.76″ N, 081°44′46.34″ W; (2) 41°29′27.96″ N, 081°44′49.87″ W, (3) 41°29′31.98″ N, 081°44′24.01″ W, (4) 41°29′27.46″ N, 81°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) <E T="03">Stand Up Paddleboard—Distance:</E> 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°29′55.37″ N, 081°42′21.26″ W (near the Route 2 Bridge), and (2) 41°29′14.79″ N, 081°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) <E T="03">Rowing:</E> 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°29′35.09″ N, 081°42′14.19″ W (near Center Street Bridge), and (2) 41°29′23.64″ N, 081°41′37.28″ W (near Carnegie Avenue Bridge). The COTP is proposing to establish the safety zone from 5:30 a.m. to 1:30 p.m. on July 14, 2024. <HD SOURCE="HD1">IV. Regulatory Analyses</HD> 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. <HD SOURCE="HD2">A. Regulatory Planning and Review</HD> 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. <HD SOURCE="HD2">B. Impact on Small Entities</HD> 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 <E T="02">ADDRESSES</E> ) 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. 1 ━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━ Preview showing 10k of 25k characters. 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