Regulated Navigation Area; Cuyahoga River, Cleveland, OH, 44622-44624 [2024-10742]
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44622
Federal Register / Vol. 89, No. 99 / Tuesday, May 21, 2024 / Proposed Rules
be subject to different research protocols
set by DEA if the research is conducted
on a schedule III substance rather than
a schedule I substance.41 However, DOJ
is currently not in a position to estimate
the number of small entities affected by
these or other potential effects of this
action. DOJ seeks comment and
additional information to inform its
analysis.
6. Unfunded Mandates Reform Act of
1995
In accordance with the Unfunded
Mandates Reform Act of 1995
(‘‘UMRA’’), 2 U.S.C. 1501 et seq., DOJ
has determined that this action would
not result in any Federal mandate that
may result ‘‘in the expenditure by State,
local, and Tribal governments, in the
aggregate, or by the private sector, of
$100,000,000 or more (adjusted
annually for inflation) in any 1 year.’’
See 2 U.S.C. 1532(a). Therefore, neither
a Small Government Agency Plan nor
any other action is required under
UMRA.
7. Paperwork Reduction Act of 1995
This action does not impose any new
or revised ‘‘collection[s] of information’’
as defined by the Paperwork Reduction
Act of 1995, 44 U.S.C. 3502(3).
List of Subjects in 21 CFR Part 1308
Administrative practice and
procedure, Drug traffic control,
Reporting and recordkeeping
requirements.
For the reasons set out above, 21 CFR
part 1308 is proposed to be amended as
follows:
PART 1308—SCHEDULES OF
CONTROLLED SUBSTANCES
1. The authority citation for 21 CFR
part 1308 continues to read as follows:
■
Authority: 21 U.S.C. 811, 812, 871(b),
956(b), unless otherwise noted.
2. Amend § 1308.11 by:
a. Removing paragraphs (d)(23) and
(58).
■ b. Redesignating paragraphs (d)(24)
through (57) and (59) through (104) as
paragraphs (d)(23) through (102),
respectively.
■ c. Revising newly redesignated
paragraph (d)(30).
The revision reads as follows:
ddrumheller on DSK120RN23PROD with PROPOSALS1
■
■
§ 1308.11
*
Schedule I.
*
*
(d) * * *
*
*
41 See
Drug Enforcement Admin., Researcher’s
Manual 18–21 (2022), https://
www.deadiversion.usdoj.gov/GDP/(DEA-DC057)(E.O.-DEA217)_Researchers_Manual_Final_
signed.pdf.
VerDate Sep<11>2014
16:01 May 20, 2024
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(30) Tetrahydrocannabinols—7370
(i) Meaning tetrahydrocannabinols,
except as in paragraphs (d)(30)(ii) and
(iii) of this section, naturally contained
in a plant of the genus Cannabis
(cannabis plant), as well as synthetic
equivalents of the substances contained
in the cannabis plant, or in the resinous
extracts of such plant, or synthetic
substances, derivatives, and their
isomers with similar chemical structure
and pharmacological activity to those
substances contained in the plant.
(ii) Tetrahydrocannabinols does not
include any material, compound,
mixture, or preparation that falls within
the definition of hemp set forth in 7
U.S.C. 1639o.
(iii) Tetrahydrocannabinols does not
include any substance that falls within
the definition of marijuana set forth in
21 U.S.C. 802(16).
*
*
*
*
*
■ 3. Amend § 1308.13 by adding
paragraphs (h) through (j) to read as
follows:
§ 1308.13
Schedule III.
*
*
*
*
*
(h) Marijuana. Marijuana, as defined
in 21 U.S.C. 802(16).
(i) Marijuana extract. Marijuana
extract, meaning an extract containing
one or more cannabinoids that has been
derived from any plant of the genus
Cannabis, containing greater than 0.3
percent delta-9-tetrahydrocannabinol on
a dry weight basis, other than the
separated resin (whether crude or
purified) obtained from the plant.
(j) Naturally derived delta-9tetrahydrocannabinols. (1) Meaning
those delta-9-tetrahydrocannabinols,
except as in paragraphs (j)(2) and (3) of
this section, that are naturally contained
in a plant of the genus Cannabis
(cannabis plant).
(2) Naturally derived delta-9tetrahydrocannabinols do not include
any material, compound, mixture, or
preparation that falls within the
definition of hemp set forth in 7 U.S.C.
1639o.
(3) Naturally derived delta-9tetrahydrocannabinols do not include
any delta-9-tetrahydrocannabinols
contained in substances excluded from
the definition of marijuana as set forth
in 21 U.S.C. 802(16)(B)(ii).
Dated: May 16, 2024.
Merrick B. Garland,
Attorney General.
[FR Doc. 2024–11137 Filed 5–17–24; 11:15 am]
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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
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
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.
SUMMARY:
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 DecisionMaking Portal at https://
www.regulations.gov. 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, 100word-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 D09-SMB-MSUCLEVELANDWWM@uscg.mil.
SUPPLEMENTARY INFORMATION:
DATES:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
§ Section
U.S.C. United States Code
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Federal Register / Vol. 89, No. 99 / Tuesday, May 21, 2024 / Proposed Rules
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 DetroitSuperior 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.
ddrumheller on DSK120RN23PROD with PROPOSALS1
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
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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
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44623
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
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Federal Register / Vol. 89, No. 99 / Tuesday, May 21, 2024 / Proposed Rules
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.
ddrumheller on DSK120RN23PROD with PROPOSALS1
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
https://www.regulations.gov. To do so,
go to https://www.regulations.gov, 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 https://
www.regulations.gov, 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
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16:01 May 20, 2024
Jkt 262001
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 https://
www.regulations.gov 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 https://www.regulations.gov 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
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.
2. Add § 165.Txx–xxxx to read as
follows:
■
§ 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°29′37″ N, 081°42′13″ W
(NAD 83) and the Columbus Road
Bridge in position 41°29′17″ N,
081°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
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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 § 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 https://www.navcen.uscg.gov.
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
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]]>Agencies
[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 [www.gpo.gov]
[FR Doc No: 2024-10742]
=======================================================================
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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: 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 https://www.regulations.gov. 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 [email protected].
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 https://www.regulations.gov. To
do so, go to https://www.regulations.gov, 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 https://www.regulations.gov, 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 https://www.regulations.gov 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 https://www.regulations.gov 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
https://www.navcen.uscg.gov.
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
