Safety Zone, Cuyahoga River, Cleveland, OH

DEPARTMENT OF HOMELAND SECURITY <SUBAGY>Coast Guard</SUBAGY> <CFR>33 CFR Part 165</CFR> <DEPDOC>[Docket Number USCG-2024-0746]</DEPDOC> <RIN>RIN 1625-AA00</RIN> <SUBJECT>Safety Zone, 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 a temporary safety zone for certain waters of the Cuyahoga River. This action is necessary to provide for the safety of life on these navigable waters from position 41-29.716′ N, 081-42.137′ W to position 41-29.927′ N, 081-42.356′ W during the Cleveland Dragon Boat Festival on or about September 21, 2024. This rulemaking would prohibit persons and vessels from being in the safety zone unless authorized by the Captain of the Port Eastern Great Lakes or a designated representative. We invite your comments on this proposed rulemaking. </SUM> <EFFDATE> <HD SOURCE="HED">DATES:</HD> Comments and related material must be received by the Coast Guard on or before September 9, 2024. </EFFDATE> <HD SOURCE="HED">ADDRESSES:</HD> You may submit comments identified by docket number USCG-2024-0746 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 rule, call or email Cody Mayrer at Marine Safety Unit Cleveland's Waterways Management Division, U.S. Coast Guard; telephone 216-937-0111, email <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">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> The Cleveland Dragon Boat Festival has occurred annually for over a decade on the Cuyahoga River. However, the past two years events were relocated to the Black River. For 2024, the festival will return to the Cuyahoga River. The Captain of the Port Eastern Great Lakes (COTP) initiated a rulemaking in 2015 (80 FR 51943) to protect spectators, participants, and vessels from the hazards associated with the rowing event. The Cleveland Dragon Boat Association notified the Coast Guard that it will be conducting a dragon boat festival from 7 a.m. through 4 p.m. on September 21, 2024. Typically, the event occurs on or about the third Saturday of September between the hours of 7 a.m. through 4 p.m. The exact date may differ based on local environmental conditions. The safety zone will cover all navigable waters of the Cuyahoga River from position 41-29.716′ N, 081-42.137′ W to position 41-29-927′ N, 081-42.356′ W in Cleveland, Ohio. Hazards from the event include, but are not limited to, sponsor operated vessels needing to transit the area during the festival. These vessels are expected to accompany the vessels competing in the rowboat style races. The COTP has determined that potential hazards associated with the festival would be a safety concern for anyone within this portion of the Cuyahoga River. The purpose of this rulemaking is to ensure the safety of vessels and the navigable waters within this portion of the Cuyahoga River before, during, and after the scheduled event. The Coast Guard is proposing this rulemaking under authority in 46 U.S.C. 70034 (previously 33 U.S.C. 1231). <HD SOURCE="HD1">III. Discussion of Proposed Rule</HD> The COTP is proposing to establish a safety zone from 6:30 a.m. to 4:30 p.m. on or about September 21, 2024. The Dragon Boat Festival is scheduled to occur on September 21, 2024, but may occur on or about that date due to local environmental conditions. The safety zone would cover all navigable waters adjacent to Settler's Landing to north of the Cleveland Memorial Shoreway in Cleveland, Ohio, from position 41-29.716′ N, 081-42.137′ W to position 41-29-927′ N, 081-42.356′ W. The duration of the zone is intended to ensure the safety of vessels and these navigable waters before, during, and after the scheduled dragon boat festival. No vessel or person would be permitted to enter the safety zone without obtaining permission from the COTP or a designated representative. The regulatory text we are proposing appears at the end of this document. <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. This Safety Zone would restrict navigation on and through this small, designated portion of the Cuyahoga River for ten 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. 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 <E T="02">FOR FURTHER INFORMATION CONTACT</E> 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. <HD SOURCE="HD2">C. Collection of Information</HD> 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). <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 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 <E T="02">FOR FURTHER INFORMATION CONTACT</E> section. <HD SOURCE="HD2">E. Unfunded Mandates Reform Act</HD> 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. <HD SOURCE="HD2">F. Environment</HD> We have analyzed this proposed rule under Department of Homeland Security Directive 023-01, Rev. 1, associated i ━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━ Preview showing 10k of 18k characters. Full document text is stored and available for version comparison. ━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━