Rule2025-03021
Regulated Navigation Area; Cuyahoga River, Cleveland, OH
Primary source
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Published
February 25, 2025
Effective
March 27, 2025
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is issuing a final rule establishing a Regulated Navigation Area (RNA) for certain waters of the Cuyahoga River in Cleveland, Ohio. 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 December 2, 2024, with an anticipated completion date of all waterside work on July 11, 2025. This rulemaking limits vessel speeds near the area and prohibits vessels from being inside the RNA during construction hours unless 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 90 Issue 36 (Tuesday, February 25, 2025)</title>
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[Federal Register Volume 90, Number 36 (Tuesday, February 25, 2025)]
[Rules and Regulations]
[Pages 10594-10597]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-03021]
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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: Final rule.
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SUMMARY: The Coast Guard is issuing a final rule establishing a
Regulated Navigation Area (RNA) for certain waters of the Cuyahoga
River in Cleveland, Ohio. 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
December 2, 2024, with an anticipated completion date of all waterside
work on July 11, 2025. This rulemaking limits vessel speeds near the
area and prohibits vessels from being inside the RNA during
construction hours unless authorized by the Captain of the Port Sector
Eastern Great Lakes or a designated representative.
DATES: This final rule is effective from March 27, 2025 through July
11, 2025.
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-
2024-0393 in the search box and click ``Search.'' Next, in the Document
Type column, select ``Supporting & Related Material.''
FOR FURTHER INFORMATION CONTACT: For information about this document
call or email, call or email MST1 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#2367131a0e706e610e6e7076606f6675666f626d670e74746e63565040440d4e4a4f"><span class="__cf_email__" data-cfemail="3b7f0b02166876791676686e78777e6d7e777a757f166c6c767b4e48585c15565257">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
IFR Interim Final Rule
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
On December 17, 2023, Goettle Construction company 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
[[Page 10595]]
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.
There will be impacts to the Cuyahoga River in Cleveland during
this stabilization project. However, this work is necessary because if
the bank of the river is allowed to slide into the river, then it could
potentially close the river for an estimated 12-18 months for all
vessel traffic.
The Coast Guard published a Notice of Proposed Rulemaking on May
21, 2024, with a 30-day comment period, 89 FR 44622. During this
period, 10 comments were received. After a review of all comments,
several meetings were held with project stakeholders to discuss
concerns over impacts to commercial vessel traffic in the affected area
of the navigable waterway. The result of the analysis of the comments
and collaboration with stakeholders was to maintain the original
engineering scope of the project, however, with modified project dates
and timing to accommodate stakeholder concerns related to vessel and
facility scheduling. The Coast Guard is satisfied with these
modifications to the project schedule.
Due to the significant nature of this project, and in the interest
of continued collaboration with stakeholders, the Coast Guard published
an Interim Final Rule (IFR) on November 25, 2024. This rulemaking
provided for an additional 30-day comment period. Also, under 5 U.S.C.
553(d)(3), the Coast Guard found that good cause existed for making
this rule effective less than 30 days after publication in the Federal
Register. Delaying the effective date of this rule would be
impracticable because of the need to protect the public from hazards
associated with the project.
The Coast Guard proposed this rulemaking under authority in 46
U.S.C. 70011 & 70034. The authority to promulgate regulations under
this section is delegated to the Commandant of the Coast Guard under
Department of Homeland Security (DHS) Delegation No. 00170.1(II)(70),
Revision No. 01.4.
The IFR comment period ended on December 26, 2024, and no comments
were received. As a result, this Final Rule is issued.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this Final Rule under authority in 46
U.S.C. 70011 & 70034. The authority to promulgate regulations under
this section is delegated to the Commandant of the Coast Guard under
Department of Homeland Security (DHS) Delegation No. 00170.1(II)(70),
Revision No. 01.4.
This rulemaking limits vessel speeds near the area and prohibits
vessels from being inside the RNA during construction hours unless
authorized by the Captain of the Port Sector Eastern Great Lakes or a
designated representative.
IV. Discussion of Comments, Changes, and the Rule
As noted above, no comments were received on the IFR published
November 25, 2024. There are no changes in the regulatory text of this
rule from the proposed rule in the IFR.
This rule establishes a RNA starting on December 2, 2024, with an
anticipated completion date of July 11, 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 Regulated
Navigation Area is intended to ensure the safety of vessels and these
navigable waters during the following scheduled hours of the
construction project:
<bullet> December 2, 2024, through January 31, 2025
[cir] 7 a.m. each Tuesday through 7 a.m. each Thursday
<bullet> February 3, 2025, through February 28, 2025
[cir] No transit restrictions required due to lack of anticipated
vessel traffic
<bullet> March 3, 2025, through March 28, 2025
[cir] 8 a.m. through 4 p.m. each Monday through Friday
<bullet> March 31, 2025, through July 11, 2025
[cir] 7 a.m. each Tuesday through 7 a.m. each Thursday
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 appears at the end
of this document.
The economic impact of this rule is reduced to reasonable minimums
as a result of consideration of comments and collaboration with
affected stakeholders.
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 (Regulatory Planning and Review) and 13563
(Improving Regulation and Regulatory Review) 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 (including potential economic, environmental, public
health and safety effects, distributive impacts, and equity). Executive
Order 13563 emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility.
Two additional Executive orders were recently published to promote
the goals of Executive Order 13563: Executive Order 13609 (Promoting
International Regulatory Cooperation) and Executive Order 13610
(Identifying and Reducing Regulatory Burdens). Executive Order 13609
targets international regulatory cooperation to reduce, eliminate, or
prevent unnecessary differences in regulatory requirements. Executive
Order 13610 aims to modernize the regulatory systems and to reduce
unjustified regulatory burdens and costs on the public.
The Office of Management and Budget (OMB) has not designated this
rule a significant regulatory action under section 3(f) of Executive
Order 12866. A regulatory analysis (RA) follows.
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 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
regulated area may be small entities, for the reasons stated in section
V above, this proposed rule would not have a significant economic
impact on any vessel owner or operator. 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.
[[Page 10596]]
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
Regulated Navigation Area during specific periods each day from
December 2, 2024, through July 11, 2025, 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. Paragraph L60a pertains to Regulated Navigation Areas. This
rule involves Regulations establishing, disestablishing, or changing
Regulated Navigation Areas.
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, and 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. Revise and republish Sec. 165.T24-0393 to read as follows:
Sec. 165.T24-0393 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) of this section.
(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 Periods.
(d) Enforcement periods. This section is enforceable during the
following periods:
(1) December 2, 2024 through January 31, 2025: 7 a.m. each Tuesday
through 7 a.m. each Thursday.
[[Page 10597]]
(2) February 3, 2025 through February 28, 2025: No transit
restrictions required due to lack of anticipated vessel traffic.
(3) March 3, 2025 through March 28, 2025: 8 a.m. though 4 p.m. each
Monday through Friday.
(4) March 31, 2025 through Jul 11, 2025: 7 a.m. each Tuesday
through 7 a.m. each Thursday.
(e) If the COTP determines this section need not be enforced during
these times on a given day, marine broadcast notices to mariners will
be used 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: February 19, 2025.
J.P. Hickey,
Rear Admiral, U.S. Coast Guard, Commander, Ninth Coast Guard District
[FR Doc. 2025-03021 Filed 2-24-25; 8:45 am]
BILLING CODE 9110-04-P
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</html>Indexed from Federal Register on February 25, 2025.
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.