Rule2025-16917
Special Local Regulation; Cuyahoga River, Cleveland, Ohio
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
September 4, 2025
Effective
September 6, 2025
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is establishing a temporary special local regulation for certain waters of the Cuyahoga River. This special local regulation is necessary to provide for the safety of life on these waters during the 2025 Cleveland Dragon Boat Festival on September 6, 2025. Entry of persons or vessels into this area is prohibited unless specifically authorized by the Captain of the Port (COTP) Eastern Great Lakes or his designated representative.
Full Text
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<title>Federal Register, Volume 90 Issue 169 (Thursday, September 4, 2025)</title>
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[Federal Register Volume 90, Number 169 (Thursday, September 4, 2025)]
[Rules and Regulations]
[Pages 42706-42708]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-16917]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2025-0646]
RIN 1625-AA08
Special Local Regulation; Cuyahoga River, Cleveland, Ohio
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary special local
regulation for certain waters of the Cuyahoga River. This special local
regulation is necessary to provide for the safety of life on these
waters during the 2025 Cleveland Dragon Boat Festival on September 6,
2025. Entry of persons or vessels into this area is prohibited unless
specifically authorized by the Captain of the Port (COTP) Eastern Great
Lakes or his designated representative.
DATES: This rule is effective from 6:30 a.m. through 4:30 p.m. on
September 6, 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-
2025-0646 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 LT Jennifer Stuart at Marine Safety Unit Cleveland's
Waterways Management Division, U.S. Coast Guard; telephone 216-536-
4094, email <a href="/cdn-cgi/l/email-protection#307400091d637d721d7d6365737c7566757c717e741d67677d70454353571e5d595c"><span class="__cf_email__" data-cfemail="591d6960740a141b74140a0c1a151c0f1c1518171d740e0e14192c2a3a3e77343035">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port
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 the 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
[[Page 42707]]
interest.'' The Coast Guard finds that good cause exists for not
publishing a notice of proposed rulemaking (NPRM) with respect to this
rule due to the September 6, 2025 date of the 2025 Cleveland Dragon
Boat Festival. This short window of time makes an NPRM impractical for
a 30-day comment period. This special local regulation is necessary to
preserve the safety of life on these waters during regattas like the
dragon boat festival.
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. Delaying the effective date of
this rule is impracticable because prompt action is needed to respond
to the potential safety hazards, including preserving the safety of
life on portions of the Cuyahoga River before, during and after the
dragon boat festival.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70041. The COTP Sector Eastern Great Lakes has determined that
potential hazards associated with the dragon boat festival on September
6, 2025, would be a safety concern for anyone within this portion of
the Cuyahoga River during the race. Hazards from the event include, but
are not limited to, sponsor-operated vessels needing to transit the
area during the dragon boat festival. These sponsor-operated vessels
are expected to accompany the vessels competing in the rowboat style
races.
IV. Discussion of the Rule
The COTP Sector Eastern Great Lakes is establishing a special local
regulation from 6:30 a.m. to 4:30 p.m. on September 6, 2025. This
special local regulation will cover navigable waters of the Cuyahoga
River just south of the Detroit Avenue bridge to just east of the
Columbus Road bridge. The duration of the special local regulation 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 regulated area without
obtaining permission from the COTP or his 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.
A. 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 significant economic impact on a substantial number of
small entities for the following reasons. This special local regulation
will restrict navigation on and through this small designated portion
of the Cuyahoga River for ten hours on one day. Vessel traffic will be
notified via local notice to mariners of the closures prior to the
event.
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 will 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
special local regulation lasting 10 hours on September 6, 2025,
restricting access to the Cuyahoga River on one day. It is
categorically excluded from further review under paragraph L61of
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 100 as follows:
[[Page 42708]]
PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS
0
1. The authority citation for part 100 continues to read as follows:
Authority: 46 U.S.C. 70041; 33 CFR 1.05-1.
0
2. Add Sec. 165.T99-0646 to read as follows:
Sec. 165.T99-0646 Cleveland Dragon Boat Festival, Cleveland, OH
(a) Regulated Area. The regulation in this section apply to the
following area:. All navigable waters of the Cuyahoga River from
position 41[deg]29'36.0'' N, 081[deg]42'13.0'' W just south of the
Detroit Avenue bridge to position 41[deg]29'18.0'' N, 081[deg]42'01.0''
W adjacent to just east of the Columbus Road in Cleveland, Ohio.
(b) Definitions. As used in this section, Designated Representative
means any Coast Guard commissioned, warrant, or petty officers
designated by the Captain of the Port to monitor the regulated area,
permit entry into the regulated area, give legally enforceable orders
to persons or vessels, within the regulated area, and take other
actions authorized by the Captain of the Port.
Participant means all persons and vessels attending the event.
(c) Regulations. When this special local regulation is enforced,
the following regulations, along with those contained in 33 CFR 100
apply:
(1) Under the general special local regulations in subpart F of
this part, you may not enter the regulated area described in paragraph
(a) of this section unless authorized by the COTP or the designated
representative.
(2) The Coast Guard may patrol the regatta 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.''
(3) All persons and vessels not registered with the sponsor as
participants are considered spectators.
(4) 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 will be operated at a no wake speed in a
manner which will not endanger participants in the event or any other
craft.
(5) No spectator shall anchor, block, loiter, or impede vessels in
the regulated area during the effective date and times, unless cleared
for entry by or through a designated representative.
(6) The Patrol Commander may forbid and control the movement of all
vessels in the regulated area. When hailed or signaled by a designated
representative, 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.
(7) 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.
(8) The Patrol Commander may terminate the event or the operation
of any vessel at any time it is deemed necessary for the protection of
life or property.
(d) Enforcement Period. This section will be enforced from 6:30
a.m. to 4:30 p.m. on September 6, 2025.
Dated: August 29, 2025.
M.J. Walter,
Captain, U.S. Coast Guard, Captain of the Port Eastern Great Lakes.
[FR Doc. 2025-16917 Filed 9-3-25; 8:45 am]
BILLING CODE 9110-04-P
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</html>Indexed from Federal Register on September 4, 2025.
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