Rule2024-17714
Safety Zone, Lake Erie, 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
August 9, 2024
Effective
August 17, 2024
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
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.
Full Text
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<title>Federal Register, Volume 89 Issue 154 (Friday, August 9, 2024)</title>
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[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>, 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
<a href="/cdn-cgi/l/email-protection#3571050c1866787718786660767970637079747b711862627875404656521b585c59"><span class="__cf_email__" data-cfemail="0b4f3b32265846492646585e48474e5d4e474a454f265c5c464b7e78686c25666267">[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
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.
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(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]
BILLING CODE 9110-04-P
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</html>Indexed from Federal Register on August 9, 2024.
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