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

<RULE> 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, Department of Homeland Security (DHS). <HD SOURCE="HED">ACTION:</HD> Temporary final rule. <SUM> <HD SOURCE="HED">SUMMARY:</HD> 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. </SUM> <EFFDATE> <HD SOURCE="HED">DATES:</HD> This rule is effective from July 13, 2024, through July 14, 2024. </EFFDATE> <HD SOURCE="HED">ADDRESSES:</HD> To view documents mentioned in this preamble as being available in the docket, go to <E T="03">https://www.regulations.gov,</E> type USCG-2024-0261 in the search box and click “Search.” Next, in the Document Type column, select “Supporting & Related Material.” <FURINF> <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD> 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 <E T="03">D09-SMB-MSUCLEVELAND-WWM@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">COTP Captain of the Port Sector Eastern Great Lakes</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 Information and Regulatory History</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. 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. <HD SOURCE="HD1">III. Legal Authority and Need for Rule</HD> 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. <HD SOURCE="HD1">IV. Discussion of Comments, Changes, and the Rule</HD> 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) <E T="03">Triathlon (Practice Day):</E> 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°29′27.46″ N, 081°44′22.51″ W; (2) 41°29′31.98″ N, 081°44′24.01″ W, (3) 41°29′28.80″ N, 081°44′33.01″ W, (4) 41°29′17.72″ N, 81°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) <E T="03">Triathlon (Event Day):</E> 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°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 will enforce this safety zone from 5:30 a.m. to 9:30 a.m. on July 14, 2024. (3) <E T="03">Rowing:</E> 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°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 will enforce the safety zone from 5:30 a.m. to 1:30 p.m. on July 14, 2024. <HD SOURCE="HD1">V. Regulatory Analyses</HD> 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. <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 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. <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 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 <E T="02">FOR FURTHER INFORMATION CONTACT</E> 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. <HD SOURCE="HD2">C. Collection of Information</HD> This rule will not call for a new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). <HD SOURCE="HD2">D. Federalism and Indian Tribal Governments</HD> 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 federal ━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━ Preview showing 10k of 18k characters. Full document text is stored and available for version comparison. ━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━