Regulated Navigation Area; Cuyahoga River, Cleveland, OH, 92804-92808 [2024-27557]
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Federal Register / Vol. 89, No. 227 / Monday, November 25, 2024 / Rules and Regulations
purported personal representative must
certify that such notice (or other notice
that the Department deems appropriate)
has been given.
(c) Objections to personal
representatives. Objections to the
authority of an individual to file as the
personal representative of a deceased
claimant may be submitted to the
Department, as instructed on the
Department’s website for this program,
by parties who assert a financial interest
in the award. Any such objection must
be submitted within 30 days following
receipt of notice by the personal
representative as defined under this
section. If timely submitted, such
objections shall be treated as evidence
of a ‘‘dispute’’ under paragraph (d) of
this section.
(d) Disputes as to the identity of the
personal representative. The
Department will not, and shall not be
required to, arbitrate, litigate, or
otherwise resolve any dispute as to the
identity of the personal representative.
In the event of a dispute over the
appropriate personal representative, the
Department may suspend or return a
request to the claimant without
prejudice to its later resubmission and
may withhold any payment until the
dispute is resolved either by agreement
of the disputing parties or by a court of
competent jurisdiction. Alternatively,
the disputing parties may agree in
writing to the identity of a personal
representative to act on their behalf,
who may seek and accept defined
monetary assistance from the Reserve
while the disputing parties work to
settle their dispute.
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§ 81.57
Request and order processing.
(a) Upon receipt of a request to the
Department, the Department will review
it and may follow up with the claimant
(or authorized representative, if
applicable) to resolve any gaps in the
request’s supporting information.
(b) The Department will then use
reasonable efforts to identify an open or
closed Federal criminal case involving
the claimant to present the claimant’s
application (with supporting
information, as appropriate) for a court
to determine the claimant’s eligibility to
receive defined monetary assistance. If
the Department is unable to locate such
a case, it will notify the claimant (or the
claimant’s authorized representative, if
applicable). If the Department presents
the claimant’s application to a court, in
its sole discretion, the Department may
or may not present the claim with an
accompanying recommendation that the
court order payment or not. If the
Department determines that it will
recommend against the court ordering
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payment, the Department will make
reasonable efforts to inform the claimant
(or the claimant’s authorized
representative, if applicable) of such
recommendation prior to any
presentation of the application to the
court.
(c) If a court issues an order requiring
payment to any claimant, the
Department will process payment of
defined monetary assistance to the
claimant or, where appropriate, to the
claimant’s authorized representative, in
accordance with the order in the
amount specified therein, upon receipt
of the order and the requisite
information from the claimant following
instructions on the Department’s
website for this program. Failure to
submit all required information to the
Department may result in delay of
payment.
(d) If the court issues an order
denying eligibility based on an
application submitted by the
Department, the Department will notify
the claimant (or the claimant’s
authorized representative, if applicable).
The Department may decide to seek
appellate review of a ruling by a district
court regarding a claimant’s eligibility
for defined monetary assistance. The
Department will make reasonable efforts
to consult with the claimant (or the
claimant’s authorized representative, if
applicable) on the issue of appellate
review.
§ 81.58
Signatures and certifications.
A request to the Department will be
deemed submitted when it is submitted
online at the Department’s website for
this program; or, as provided in
accordance with § 81.54, consistent with
the instructions on the claim form. By
submitting the request, the claimant (or,
if submitted by an authorized
representative, the authorized
representative) acknowledges and
certifies as to each of the following:
(a) Veracity of request. The claimant
certifies, under oath, subject to penalty
of perjury or in a manner that meets the
requirements of 28 U.S.C. 1746, that the
information provided in the request and
any documents submitted in support of
the request are true and accurate to the
best of the claimant’s knowledge, and
the claimant agrees that any defined
monetary assistance paid from the
Reserve is expressly conditioned upon
the truthfulness and accuracy of the
information and documentation
submitted in support of the request.
Where a claimant is represented by an
authorized representative, that
representative must have authority to
certify the request on behalf of the
claimant.
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(b) Potential criminal penalties. The
claimant understands that false
statements or claims made in
connection with the request may result
in fines, imprisonment, and any other
remedy available by law to the Federal
Government, including fines and
imprisonment as provided in 18 U.S.C.
1001 and treble damages and civil
penalties under the False Claims Act, 31
U.S.C. 3729, et seq. Requests that appear
to be potentially fraudulent or to
contain false information may be
forwarded to Federal, State, and local
law enforcement authorities for possible
investigation and prosecution.
(c) Limitation on attorney fees. If a
claimant is represented by counsel, no
attorney shall charge, receive, or collect
any payment of fees and costs that in
the aggregate exceeds 15 percent of any
defined monetary assistance paid on
such application. An attorney who
violates this provision is subject to fine,
imprisonment of up to one year, or both.
§ 81.59
Privacy.
The Department will not disclose to
the public the names of the claimants
(or their authorized representatives, if
applicable) who have requested defined
monetary assistance from the Reserve
under this program, or their other
personally identifiable information,
except as necessary to process a request
or application or pursuant to law or
court order.
Dated: November 8, 2024.
Merrick B. Garland,
Attorney General.
[FR Doc. 2024–26679 Filed 11–22–24; 8:45 am]
BILLING CODE 4410–14–P
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.
Interim rule and request for
comments.
AGENCY:
ACTION:
The Coast Guard is issuing an
Interim 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,
SUMMARY:
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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 would limit vessel speeds
near the area and prohibit 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. We invite your
comments on this rulemaking.
DATES: This interim rule is effective on
December 2, 2024. Comments and
related material must be received by the
Coast Guard December 26, 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.
FOR FURTHER INFORMATION CONTACT: For
information about this document, call or
email MST1 Cody Mayrer at Marine
Safety Unit Cleveland’s Waterways
Management Division, U.S. Coast
Guard; telephone 216–937–0111, email
D09-SMB-MSUCLEVELAND-WWM@
uscg.mil.
SUPPLEMENTARY INFORMATION:
Table of Contents for Preamble
I. Abbreviations
II. Basis and Purpose, and Regulatory History
III. Discussion of Comments and Changes
IV. Discussion of the Rule
V. Regulatory Analyses
A. Regulatory Planning and Review
B. Small Entities
C. Assistance for Small Entities
D. Collection of Information
E. Federalism
F. Unfunded Mandates
G. Taking of Private Property
H. Civil Justice Reform
I. Protection of Children
J. Indian Tribal Governments
K. Energy Effects
L. Technical Standards
M. Environment
VI. Public Participation and Request for
Comments
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I. Abbreviations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
OMB Office of Management and Budget
RNA Regulated Navigation Area
§ Section
U.S.C. United States Code
II. Basis and Purpose, and Regulatory
History
On December 17, 2023, Goettle
Construction company notified the
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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.
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, this
rulemaking provides for an additional
30-day comment period. 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
would be impracticable because of the
need to protect the public from hazards
associated with the project.
The Coast Guard is proposing this
rulemaking under authority in 46 U.S.C.
70011 and 70034. The authority to
promulgate regulations under this
section is delegated to the Commandant
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92805
of the Coast Guard under Department of
Homeland Security (DHS) Delegation
No. 00170.1(II)(70), Revision No. 01.4.
III. Discussion of Comments
During the NPRM comment period, 10
comments were received from industry
representatives potentially affected by
the construction plan. Their shared,
consistent concern was the restriction of
commercial vessel traffic during the
daily construction periods resulting in
impacts to the transportation of various
commodities to and from waterfront
processing facilities. These comments
have been addressed directly with the
stakeholders during several in-person
meetings. As a result of these comments
and meetings, we adjusted the dates and
times for the RNA in this document.
IV. Discussion of the Rule
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:
• December 2, 2024, through January
31, 2025
Æ 7 a.m. each Tuesday through 7 a.m.
each Thursday
• February 3, 2025, through February
28, 2025
Æ No transit restrictions required due
to lack of anticipated vessel traffic
• March 3, 2025, through March 28,
2025
Æ 8 a.m. though 4 p.m. each Monday
through Friday
• March 31, 2025, through July 11, 2025
Æ 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 we are proposing 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
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based on these statutes or Executive
orders.
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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, as
amended by Executive Order 14094
(Modernizing Regulatory Review). A
regulatory analysis (RA) follows.
B. Small Entities
Under the Regulatory Flexibility Act,
5 U.S.C. 601–612, we have considered
whether this rule would have a
significant economic impact on a
substantial number of small entities.
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.
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
interim 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 interim rule would not have a
significant economic impact on a
substantial number of small entities.
If you think that your business,
organization, or governmental
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jurisdiction qualifies as a small entity
and that this interim 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.
C. Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996, Public Law 104–
121, we offer to assist small entities in
understanding this rule so that they can
better evaluate its effects on them and
participate in the rulemaking. 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.
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).
D. Collection of Information
This rule calls for no new collection
of information under the Paperwork
Reduction Act of 1995, 44 U.S.C. 3501–
3520.
E. Federalism
A rule has implications for federalism
under Executive Order 13132
(Federalism) if it has a substantial direct
effect on 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 Executive
Order 13132 and have determined that
it is consistent with the fundamental
federalism principles and preemption
requirements described in Executive
Order 13132. Our analysis follows.
It is well settled that States may not
regulate in categories reserved for
regulation by the Coast Guard. It is also
well settled that all of the categories
covered in 46 U.S.C. chapter 700 (Ports
and Waterways Safety), as well as the
reporting of casualties and any other
category in which Congress intended
the Coast Guard to be the primary
source of a vessel’s or facilitiy’s
obligations, are within the fields
generally foreclosed from regulation by
the States. See, e.g., United States v.
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Locke, 529 U.S. 89 (2000) (finding that
the States are foreclosed from regulating
tanker vessels), see also Ray v. Atlantic
Richfield Co., 435 U.S. 151, 157 (1978)
(State regulation is preempted where
‘‘the scheme of Federal regulation may
be so pervasive as to make reasonable
the inference that Congress left no room
for the States to supplement it [or
where] the Act of Congress may touch
a field in which the Federal interest is
so dominant that the Federal system
will be assumed to preclude
enforcement of State laws on the same
subject.’’ (citations omitted)).
This Interim Final Rule will establish
a Regulated Navigation Area (RNA) for
certain waters of the Cuyahoga River in
Cleveland, Ohio. In enacting 46 U.S.C.
70011 (Waterfront safety) Congress
articulated a need for the Coast Guard
to protect the navigable waters of the
United States. We have analyzed this
interim rule for an RNA under
Executive Order 13132 and have
determined that it is consistent with the
fundamental federalism principles and
preemption requirements described in
Executive Order 13132. The Coast
Guard recognizes that the States may
prescribe higher safety standards
pursuant to 46 U.S.C. 70011(c), but such
standards may not, conflict with Federal
statutes and regulations. Ray v. Atlantic
Richfield Co., at 158. Therefore this rule
is consistent with the fundamental
federalism principles and preemption
requirements described in Executive
Order 13132.
While it is well settled that States may
not regulate in categories in which
Congress intended the Coast Guard to be
the sole source of a vessel’s obligations,
the Coast Guard recognizes the key role
that State and local governments may
have in making regulatory
determinations. Additionally, for rules
with federalism implications and
preemptive effect, Executive Order
13132 specifically directs agencies to
consult with State and local
governments during the rulemaking
process. If you believe this rule has
implications for federalism under
Executive Order 13132, please call or
email the person listed in the FOR
FURTHER INFORMATION CONTACT section of
this preamble.
F. Unfunded Mandates
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
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more in any one year. Although this rule
will not result in such expenditure, we
do discuss the effects of this rule
elsewhere in this preamble.
G. Taking of Private Property
This rule will not cause a taking of
private property or otherwise have
taking implications under Executive
Order 12630 (Governmental Actions and
Interference with Constitutionally
Protected Property Rights).
H. Civil Justice Reform
This rule meets applicable standards
in sections 3(a) and 3(b)(2) of Executive
Order 12988 (Civil Justice Reform) to
minimize litigation, eliminate
ambiguity, and reduce burden.
I. Protection of Children
We have analyzed this rule under
Executive Order 13045 (Protection of
Children from Environmental Health
Risks and Safety Risks). This rule is not
an economically significant rule and
will not create an environmental risk to
health or risk to safety that might
disproportionately affect children.
J. Indian Tribal Governments
This rule does not have tribal
implications under Executive Order
13175 (Consultation and Coordination
with Indian Tribal Governments),
because it will 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.
K. Energy Effects
We have analyzed this rule under
Executive Order 13211 (Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use). We have
determined that it is not a ‘‘significant
energy action’’ under that order because
it is not a ‘‘significant regulatory action’’
under Executive Order 12866 and is not
likely to have a significant adverse effect
on the supply, distribution, or use of
energy.
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L. Technical Standards
The National Technology Transfer
and Advancement Act, codified as a
note to 15 U.S.C. 272, directs agencies
to use voluntary consensus standards in
their regulatory activities unless the
agency provides Congress, through
OMB, with an explanation of why using
these standards would be inconsistent
with applicable law or otherwise
impractical. Voluntary consensus
standards are technical standards (e.g.,
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specifications of materials, performance,
design, or operation; test methods;
sampling procedures; and related
management systems practices) that are
developed or adopted by voluntary
consensus standards bodies.
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
M. Environment
We have analyzed this rule under
Department of Homeland Security
Management 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 determination 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.
VI. Public Participation and Request for
Comments
The Coast Guard views public
participation as essential to effective
rulemaking and will consider all
comments and material received on this
interim rule 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 interim rule,
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
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92807
person in the FOR FURTHER INFORMATION
section of this interim rule for
alternate instructions.
Viewing material in docket. To view
documents mentioned in this interim
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. We review all
comments received, but we will only
post comments that address the topic of
the interim 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).
Public meeting. We are not planning
to hold a public meeting but will
consider doing so if we determine from
public comments that a meeting would
be helpful. We would issue a separate
Federal Register notice to announce the
date, time, and location of such a
meeting.
CONTACT
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 amending
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.T24–0393 to read as
follows:
■
§ 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°29′37″ N, 081°42′13″ W
(NAD 83) and the Columbus Road
Bridge in position 41°29′17″ N,
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081°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 § 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 chapter I, 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. (a) This
section is enforceable during the
following periods:
(1) December 2, 2024 through January
31, 2025; 7:00 a.m. each Tuesday
through 7:00 a.m. each Thursday.
(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; 8:00 a.m. though 4:00 p.m. each
Monday through Friday.
(4) March 31, 2025 through Jul 11,
2025; 7:00 a.m. each Tuesday through
7:00 a.m. each Thursday.
(b) 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
VerDate Sep<11>2014
15:59 Nov 22, 2024
Jkt 265001
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: November 20, 2024.
J.P. Hickey,
Rear Admiral, U.S. Coast Guard, Commander,
Ninth Coast Guard District.
[FR Doc. 2024–27557 Filed 11–22–24; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF AGRICULTURE
Forest Service
36 CFR Part 261
RIN 0596–AD57
Law Enforcement; Criminal
Prohibitions
Forest Service, Agriculture.
Final rule.
AGENCY:
ACTION:
The U.S. Department of
Agriculture (Department) is revising the
Forest Service (Forest Service or
Agency)’s criminal prohibitions to
enhance consistency of the Forest
Service’s law enforcement practices
with those of State and other Federal
land management agencies. The
Department is also streamlining
enforcement of the Forest Service’s
criminal prohibitions related to fire and
use of vehicles on National Forest
System roads and National Forest
System trails by eliminating the
requirement to issue an order for
enforcement.
SUMMARY:
This rule is effective December
26, 2024.
FOR FURTHER INFORMATION CONTACT:
Gene Smithson, Deputy Director, Law
Enforcement and Investigations, 703–
605–4730 or Wilmer.Smithson@
usda.gov. Individuals who use
telecommunications devices for the
hearing impaired may call 711 to reach
the Telecommunications Relay Service
24 hours a day, every day of the year,
including holidays.
SUPPLEMENTARY INFORMATION:
DATES:
Background and Need
This final rule revises certain criminal
prohibitions in 36 CFR part 261, subpart
A, to enhance consistency of the Forest
Service’s law enforcement practices
with those of State and other Federal
land management agencies. In addition,
this final rule streamlines enforcement
of some of the criminal prohibitions
found in 36 CFR part 261, subpart B,
which are enforceable only through
PO 00000
Frm 00022
Fmt 4700
Sfmt 4700
issuance of an order, by moving them to
36 CFR part 261, subpart A, which
contains criminal prohibitions that are
enforceable without issuance of an
order.
Forest Service law enforcement
personnel continue to encounter a
significant volume of violations for
simple possession of controlled
substances and drug paraphernalia.
Agency law enforcement personnel
routinely deal with under-age alcohol
possession on National Forest System
(NFS) lands. These violations pose a
threat to the safety of visitors to NFS
lands as well as to Forest Service
personnel. This final rule enhances the
Forest Service’s authority to address
public safety issues by adding
prohibitions relating to controlled
substances, drug paraphernalia, and
alcoholic beverages. These new
prohibitions enable the Forest Service to
enforce more effectively violations on
NFS lands for simple possession of
controlled substances, possession of
alcoholic beverages in violation of State
law (for open containers or under-age
drinking) and furnishing alcoholic
beverages to minors. The final rule also
authorizes the Forest Service to enforce
violations for the possession of drug
paraphernalia if prohibited by State law.
These changes are intended to align the
Forest Service’s law enforcement
practices more closely with those of
State and local law enforcement
agencies.
Additionally, the final rule updates
the prohibitions to enhance protection
of persons visiting and working on NFS
lands from theft of personal property
and from disorderly conduct by other
visitors. The final rule enhances
enforcement of wildfire prevention
prohibitions by moving them from 36
CFR part 261, subpart B, which requires
issuance of an order, to 36 CFR part 261,
subpart A, which does not, and by
adding a prohibition banning exploding
targets year-round. The final rule also
makes other revisions such as updating
the prohibitions relating to off-road
vehicles and updating the penalty for
violating the criminal prohibitions in 36
CFR part 261 consistent with current
statutory law.
Summary of Comments and Responses
Overview
On October 3, 2023, the Forest Service
published a proposed rule in the
Federal Register (88 FR 68035)
proposing to revise the Forest Service’s
criminal prohibitions to enhance
consistency of the Agency’s law
enforcement practices with those of
State and other Federal land
E:\FR\FM\25NOR1.SGM
25NOR1
]]>Agencies
[Federal Register Volume 89, Number 227 (Monday, November 25, 2024)]
[Rules and Regulations]
[Pages 92804-92808]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-27557]
=======================================================================
-----------------------------------------------------------------------
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: Interim rule and request for comments.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is issuing an Interim 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,
[[Page 92805]]
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 would limit vessel speeds near the area and
prohibit 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. We invite your comments on this
rulemaking.
DATES: This interim rule is effective on December 2, 2024. Comments and
related material must be received by the Coast Guard December 26, 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.
FOR FURTHER INFORMATION CONTACT: For information about this document,
call or email MST1 Cody Mayrer at Marine Safety Unit Cleveland's
Waterways Management Division, U.S. Coast Guard; telephone 216-937-
0111, email [email protected].
SUPPLEMENTARY INFORMATION:
Table of Contents for Preamble
I. Abbreviations
II. Basis and Purpose, and Regulatory History
III. Discussion of Comments and Changes
IV. Discussion of the Rule
V. Regulatory Analyses
A. Regulatory Planning and Review
B. Small Entities
C. Assistance for Small Entities
D. Collection of Information
E. Federalism
F. Unfunded Mandates
G. Taking of Private Property
H. Civil Justice Reform
I. Protection of Children
J. Indian Tribal Governments
K. Energy Effects
L. Technical Standards
M. Environment
VI. Public Participation and Request for Comments
I. Abbreviations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
OMB Office of Management and Budget
RNA Regulated Navigation Area
Sec. Section
U.S.C. United States Code
II. Basis and Purpose, 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 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, this rulemaking provides
for an additional 30-day comment period. 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 would be
impracticable because of the need to protect the public from hazards
associated with the project.
The Coast Guard is proposing this rulemaking under authority in 46
U.S.C. 70011 and 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.
III. Discussion of Comments
During the NPRM comment period, 10 comments were received from
industry representatives potentially affected by the construction plan.
Their shared, consistent concern was the restriction of commercial
vessel traffic during the daily construction periods resulting in
impacts to the transportation of various commodities to and from
waterfront processing facilities. These comments have been addressed
directly with the stakeholders during several in-person meetings. As a
result of these comments and meetings, we adjusted the dates and times
for the RNA in this document.
IV. Discussion of the Rule
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:
December 2, 2024, through January 31, 2025
[cir] 7 a.m. each Tuesday through 7 a.m. each Thursday
February 3, 2025, through February 28, 2025
[cir] No transit restrictions required due to lack of anticipated
vessel traffic
March 3, 2025, through March 28, 2025
[cir] 8 a.m. though 4 p.m. each Monday through Friday
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 we are proposing
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
[[Page 92806]]
based on these statutes or Executive orders.
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, as amended by Executive Order 14094 (Modernizing
Regulatory Review). A regulatory analysis (RA) follows.
B. Small Entities
Under the Regulatory Flexibility Act, 5 U.S.C. 601-612, we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. 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.
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 interim 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 interim rule would not have a significant
economic impact on a substantial number of small entities.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this interim 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.
C. Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996, Public Law 104-121, we offer to assist small
entities in understanding this rule so that they can better evaluate
its effects on them and participate in the rulemaking. 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.
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).
D. Collection of Information
This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995, 44 U.S.C. 3501-3520.
E. Federalism
A rule has implications for federalism under Executive Order 13132
(Federalism) if it has a substantial direct effect on 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 Executive Order 13132 and
have determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132. Our analysis follows.
It is well settled that States may not regulate in categories
reserved for regulation by the Coast Guard. It is also well settled
that all of the categories covered in 46 U.S.C. chapter 700 (Ports and
Waterways Safety), as well as the reporting of casualties and any other
category in which Congress intended the Coast Guard to be the primary
source of a vessel's or facilitiy's obligations, are within the fields
generally foreclosed from regulation by the States. See, e.g., United
States v. Locke, 529 U.S. 89 (2000) (finding that the States are
foreclosed from regulating tanker vessels), see also Ray v. Atlantic
Richfield Co., 435 U.S. 151, 157 (1978) (State regulation is preempted
where ``the scheme of Federal regulation may be so pervasive as to make
reasonable the inference that Congress left no room for the States to
supplement it [or where] the Act of Congress may touch a field in which
the Federal interest is so dominant that the Federal system will be
assumed to preclude enforcement of State laws on the same subject.''
(citations omitted)).
This Interim Final Rule will establish a Regulated Navigation Area
(RNA) for certain waters of the Cuyahoga River in Cleveland, Ohio. In
enacting 46 U.S.C. 70011 (Waterfront safety) Congress articulated a
need for the Coast Guard to protect the navigable waters of the United
States. We have analyzed this interim rule for an RNA under Executive
Order 13132 and have determined that it is consistent with the
fundamental federalism principles and preemption requirements described
in Executive Order 13132. The Coast Guard recognizes that the States
may prescribe higher safety standards pursuant to 46 U.S.C. 70011(c),
but such standards may not, conflict with Federal statutes and
regulations. Ray v. Atlantic Richfield Co., at 158. Therefore this rule
is consistent with the fundamental federalism principles and preemption
requirements described in Executive Order 13132.
While it is well settled that States may not regulate in categories
in which Congress intended the Coast Guard to be the sole source of a
vessel's obligations, the Coast Guard recognizes the key role that
State and local governments may have in making regulatory
determinations. Additionally, for rules with federalism implications
and preemptive effect, Executive Order 13132 specifically directs
agencies to consult with State and local governments during the
rulemaking process. If you believe this rule has implications for
federalism under Executive Order 13132, please call or email the person
listed in the FOR FURTHER INFORMATION CONTACT section of this preamble.
F. Unfunded Mandates
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
[[Page 92807]]
more in any one year. Although this rule will not result in such
expenditure, we do discuss the effects of this rule elsewhere in this
preamble.
G. Taking of Private Property
This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630 (Governmental
Actions and Interference with Constitutionally Protected Property
Rights).
H. Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988 (Civil Justice Reform) to minimize litigation,
eliminate ambiguity, and reduce burden.
I. Protection of Children
We have analyzed this rule under Executive Order 13045 (Protection
of Children from Environmental Health Risks and Safety Risks). This
rule is not an economically significant rule and will not create an
environmental risk to health or risk to safety that might
disproportionately affect children.
J. Indian Tribal Governments
This rule does not have tribal implications under Executive Order
13175 (Consultation and Coordination with Indian Tribal Governments),
because it will 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.
K. Energy Effects
We have analyzed this rule under Executive Order 13211 (Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use). We have determined that it is not a
``significant energy action'' under that order because it is not a
``significant regulatory action'' under Executive Order 12866 and is
not likely to have a significant adverse effect on the supply,
distribution, or use of energy.
L. Technical Standards
The National Technology Transfer and Advancement Act, codified as a
note to 15 U.S.C. 272, directs agencies to use voluntary consensus
standards in their regulatory activities unless the agency provides
Congress, through OMB, with an explanation of why using these standards
would be inconsistent with applicable law or otherwise impractical.
Voluntary consensus standards are technical standards (e.g.,
specifications of materials, performance, design, or operation; test
methods; sampling procedures; and related management systems practices)
that are developed or adopted by voluntary consensus standards bodies.
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
M. Environment
We have analyzed this rule under Department of Homeland Security
Management 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 determination 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.
VI. Public Participation and Request for Comments
The Coast Guard views public participation as essential to
effective rulemaking and will consider all comments and material
received on this interim rule 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 interim rule, 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 interim rule for alternate
instructions.
Viewing material in docket. To view documents mentioned in this
interim 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. We review all comments received, but we will only
post comments that address the topic of the interim 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).
Public meeting. We are not planning to hold a public meeting but
will consider doing so if we determine from public comments that a
meeting would be helpful. We would issue a separate Federal Register
notice to announce the date, time, and location of such a meeting.
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
amending 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.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,
[[Page 92808]]
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 chapter I, 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. (a) This section is enforceable during the
following periods:
(1) December 2, 2024 through January 31, 2025; 7:00 a.m. each
Tuesday through 7:00 a.m. each Thursday.
(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; 8:00 a.m. though 4:00
p.m. each Monday through Friday.
(4) March 31, 2025 through Jul 11, 2025; 7:00 a.m. each Tuesday
through 7:00 a.m. each Thursday.
(b) 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 https://www.navcen.uscg.gov.
Dated: November 20, 2024.
J.P. Hickey,
Rear Admiral, U.S. Coast Guard, Commander, Ninth Coast Guard District.
[FR Doc. 2024-27557 Filed 11-22-24; 8:45 am]
BILLING CODE 9110-04-P
