92804 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. 

§ 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 

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. 

(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 

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, 


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Federal Register / Vol. 89, No. 227 / Monday, November 25, 2024 / Rules and Regulations 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 

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 

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 

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 

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. 

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 


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Federal Register / Vol. 89, No. 227 / Monday, November 25, 2024 / Rules and Regulations 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 

■ 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 

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 

AGENCY: Forest Service, Agriculture. 

ACTION: Final rule. 

SUMMARY: 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. 

DATES: 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: 

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 

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 


khammond on DSK9W7S144PROD with RULES