Proposed Rule2024-10742
Regulated Navigation Area; Cuyahoga River, Cleveland, OH
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
May 21, 2024
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is proposing to establish a temporary Regulated Navigation Area for certain waters of the Cuyahoga River. This action is necessary to provide for the safety of life on these navigable waters near the "Irishtown Bend" in Cleveland, Ohio, during a bank stabilization construction project from August 15, 2024, through November 30, 2025. This proposed rulemaking would limit vessel speeds near the area and prohibit vessels from being inside the Regulated Navigation Area during construction hours unless authorized by the Captain of the Port Sector Eastern Great Lakes or a designated representative. We invite your comments on this proposed rulemaking.
Full Text
<html>
<head>
<title>Federal Register, Volume 89 Issue 99 (Tuesday, May 21, 2024)</title>
</head>
<body><pre>
[Federal Register Volume 89, Number 99 (Tuesday, May 21, 2024)]
[Proposed Rules]
[Pages 44622-44624]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-10742]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2024-0393]
RIN 1625-AA11
Regulated Navigation Area; Cuyahoga River, Cleveland, OH
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is proposing to establish a temporary
Regulated Navigation Area for certain waters of the Cuyahoga River.
This action is necessary to provide for the safety of life on these
navigable waters near the ``Irishtown Bend'' in Cleveland, Ohio, during
a bank stabilization construction project from August 15, 2024, through
November 30, 2025. This proposed rulemaking would limit vessel speeds
near the area and prohibit vessels from being inside the Regulated
Navigation Area during construction hours unless authorized by the
Captain of the Port Sector Eastern Great Lakes or a designated
representative. We invite your comments on this proposed rulemaking.
DATES: Comments and related material must be received by the Coast
Guard on or before June 20, 2024.
ADDRESSES: You may submit comments identified by docket number USCG-
2024-0393 using the Federal Decision-Making Portal at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION 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.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email Cody Mayrer at Marine Safety Unit
Cleveland's Waterways Management Division, U.S. Coast Guard; telephone
216-937-0111, email <a href="/cdn-cgi/l/email-protection#7236424b5f213f305f3f2127313e3724373e333c365f25253f32070111155c1f1b1e"><span class="__cf_email__" data-cfemail="5216626b7f011f107f1f0107111e1704171e131c167f05051f12272131357c3f3b3e">[email protected]</span></a>.
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
[[Page 44623]]
II. Background, Purpose, and Legal Basis
On December 17, 2023, Goettle Construction notified the Coast Guard
that they will be conducting waterside construction associated with a
bank stabilization project on the Cuyahoga River in Cleveland, Ohio
from August 15, 2024, through November 30, 2025. Construction is
intended to shore-up and replace approximately 2,400 linear feet of
corrugated steel bulkhead located on the western (left descending) bank
of the Cuyahoga River between the Detroit-Superior Bridge and the
Columbus Road Bridge. The Captain of the Port Sector Eastern Great
Lakes (COTP) has determined that potential hazards associated with the
equipment used to complete this project would be a safety concern for
any craft intending to navigate near the project area during
construction hours. Furthermore, additional safety measures are
necessary to keep workers on the construction barges safe while
completing the construction project.
The purpose of this rulemaking is to ensure the safety of vessels
and the navigable waters within 10 feet of the construction barges
during the scheduled construction hours of 8 a.m. through 4 p.m.,
Monday through Friday. The Coast Guard is proposing this rulemaking
under authority in 46 U.S.C. 70034.
III. Discussion of Proposed Rule
The Captain of the Port Eastern Great Lakes (COTP) is proposing to
establish a Regulated Navigation Area (RNA) from 8 a.m. through 4 p.m.
Monday through Friday starting on August 15, 2024, with an anticipated
completion date of November 30, 2025. The RNA would cover all navigable
waters within 10 feet of construction barges in the Cuyahoga River
located on the western bank (left descending bank) of the Cuyahoga
River between the Detroit-Superior Bridge and the Columbus Road Bridge
in Cleveland, Ohio. The duration of the zone is intended to ensure the
safety of vessels and these navigable waters during the scheduled hours
of the construction project. No vessel or craft would be permitted to
be operated within 10 feet of the construction barges without obtaining
permission from the COTP or a designated representative. The regulatory
text we are proposing appears at the end of this document.
IV. Regulatory Analyses
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.
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 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.
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
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 ADDRESSES) 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
FOR FURTHER INFORMATION CONTACT 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.
C. Collection of Information
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).
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 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 FOR
FURTHER INFORMATION CONTACT section.
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 proposed rule would not
result in such an expenditure, we do discuss the potential effects of
this proposed rule elsewhere in this preamble.
F. Environment
We have analyzed this proposed 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 made
a preliminary determination
[[Page 44624]]
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 proposed rule involves a Regulated Navigation Area
lasting 8 hours each day, Monday through Friday that would prohibit
vessels from operating within 10 feet of the construction barges.
Normally such actions are categorically excluded from further review
under paragraph L60(a) of Appendix A, Table 1 of DHS Instruction Manual
023-01-001-01, Rev. 1. A preliminary 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. We seek any comments or information that may lead to the
discovery of a significant environmental impact from this proposed
rule.
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.
V. Public Participation and Request for Comments
We view public participation as essential to effective rulemaking
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
Submitting comments. We encourage you to submit comments through
the Federal Decision-Making Portal at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. To
do so, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, type USCG-2024-0393 in the
search box and click ``Search.'' Next, look for this document in the
Search Results column, and click on it. Then click on the Comment
option. If you cannot submit your material by using <a href="https://www.regulations.gov">https://www.regulations.gov</a>, call or email the person in the FOR FURTHER
INFORMATION CONTACT section of this proposed rule for alternate
instructions.
Viewing material in docket. To view documents mentioned in this
proposed rule as being available in the docket, find the docket as
described in the previous paragraph, and then select ``Supporting &
Related Material'' in the Document Type column. Public comments will
also be placed in our online docket and can be viewed by following
instructions on the <a href="https://www.regulations.gov">https://www.regulations.gov</a> Frequently Asked
Questions web page. Also, if you click on the Dockets tab and then the
proposed rule, you should see a ``Subscribe'' option for email alerts.
The option will notify you when comments are posted, or a final rule is
published.
We review all comments received, but we will only post comments
that address the topic of the proposed rule. We may choose not to post
off-topic, inappropriate, or duplicate comments that we receive.
Personal information. We accept anonymous comments. Comments we
post to <a href="https://www.regulations.gov">https://www.regulations.gov</a> will include any personal
information you have provided. For more about privacy and submissions
to the docket in response to this document, see DHS's eRulemaking
System of Records notice (85 FR 14226, March 11, 2020).
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, and Waterways.
For the reasons discussed in the preamble, the Coast Guard is
proposing to amend 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.Txx-xxxx to read as follows:
Sec. 165.Txx-xxx Regulated navigation area; Irishtown Bend
Construction, Cuyahoga River, Cleveland, OH.
(a) Location. The following area is a regulated navigation area
(RNA): All navigable waters of the Cuyahoga River between the Detroit-
Superior Bridge in position 41[deg]29'37'' N, 081[deg]42'13'' W (NAD
83) and the Columbus Road Bridge in position 41[deg]29'17'' N,
081[deg]42'01'' W (NAD 83), from surface to bottom, during the time of
enforcement described in paragraph (d) below.
(b) Definition. As used in this section, ``on-scene
representative'' of the Captain of the Port Eastern Great Lakes (COTP)
is any Coast Guard commissioned, warrant or petty officer who has been
designated by the COTP to act on the COTP's behalf. The on-scene
representative may be on a Coast Guard vessel, other designated craft,
or on shore and communicating with vessels via VHF-FM radio or
loudhailer.
(c) Regulations. In addition to the general RNA regulations in
Sec. 165.13, the following regulations apply to the RNA described in
paragraph (a) of this section.
(1) A vessel transiting through the RNA must make a direct passage.
No vessel may stop, moor, anchor or loiter within the RNA at any time
unless it is engaged or intending to engage in construction work
discussed in the RNA or are able to maintain a safe distance from the
construction barges. All movement within the RNA is subject to a
``Slow-No Wake'' speed limit. No vessel may produce a wake or attain
speeds greater than 5 knots unless a higher minimum speed is necessary
to maintain bare steerageway.
(2) The operator of any vessel transiting in the RNA must comply
with all lawful directions given to them by the Captain of the Port
Eastern Great Lakes (COTP) or the COTP's on-scene representative.
(3) The inland navigation rules in 33 CFR subchapter E remain in
effect within the RNA and must be followed at all times.
(4) No vessel may navigate within 10 feet of the construction
barges during the Enforcement Period.
(d) Enforcement period. This section is enforceable from 8 a.m.
through 4 p.m. every day, Monday through Friday, from August 15, 2024,
through November 30, 2025. If the COTP determines this section need not
be enforced during these times on a given day, he will use marine
broadcast notices to mariners to announce the specific periods when
this section will not be subject to enforcement. For information on
radio stations broadcasting BNMs, see 33 CFR 72.01-25 and check the
latest Local Notice to Mariners (LNM) for Coast Guard District 9 on
<a href="https://www.navcen.uscg.gov">https://www.navcen.uscg.gov</a>.
Dated: May 9, 2024.
M.I. Kuperman,
Captain, U.S. Coast Guard, Captain of the Port Eastern Great Lakes.
[FR Doc. 2024-10742 Filed 5-20-24; 8:45 am]
BILLING CODE 9110-04-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on May 21, 2024.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.