[Federal Register Volume 61, Number 140 (Friday, July 19, 1996)]
[Rules and Regulations]
[Pages 37683-37685]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-18330]
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[[Page 37684]]
DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 165
[CGD09-95-018]
RIN 2115-AA97
Safety Zone: Cuyahoga River, Cleveland, OH
AGENCY: Coast Guard, DOT.
ACTION: Final rule.
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SUMMARY: The Coast Guard is establishing a new permanent safety zone
near the mouth of the Cuyahoga River in Cleveland, Ohio. The new safety
zone is to prevent the mooring of boats in the area from the Conrail
No. 1 railroad bridge south for six hundred feet to the end of the lot
adjacent to Fagan's Restaurant. This safety zone is required to prevent
the operators of recreational vessels patronizing the entertainment
industries in the river from rafting their boats outward into the
federally maintained navigation channel, and thus impeding the safe
passage of commercial shipping.
EFFECTIVE DATE: This rule is effective on August 19, 1996.
ADDRESSES: Unless otherwise indicated, documents referenced in this
preamble are available for inspection or copying at Coast Guard Marine
Safety Office, 1055 E. Ninth Street, Cleveland, OH.
FOR FURTHER INFORMATION CONTACT:
Lieutenant Nathan Knapp, Project Officer and Chief of Port Operations,
Captain of the Port Cleveland, 1055 E. Ninth Street, Cleveland, Ohio,
44114, (216) 522-4405.
SUPPLEMENTARY INFORMATION:
Background and Purpose
The section of the Cuyahoga River in which this safety zone is
located is heavily used by both large commercial vessels and small
recreational vessels. Use of the river by large commercial vessels
continues to increase rising from 770 transits in 1982 to 1,264
transits in 1987, to 1,624 transits in 1994. At the same time,
businesses along the river continue to attract an increasing number of
recreational vessels. Large numbers of recreational vessels raft
together into the river near the many entertainment establishments and
restaurants, thereby creating a hazard to themselves and to the large
commercial vessels which also use this waterway, and creating an
obstruction to the use of the river as a navigable channel.
In 1987, a serious collision between a commercial vessel and a
recreational vessel highlighted the need to establish some rules for
the protection of safe navigation in this increasingly congested
waterway. After some experimentation with temporary safety zones and an
extensive process of comment and consultation with the public,
including a public hearing and a study by a local workgroup made up of
representatives of both the commercial and recreational interests in
the local area, along with representatives of the City of Cleveland and
the State of Ohio, the Coast Guard established a set of ten permanent
safety zones under the standing regulation at 33 CFR 165.903 (54 FR
9776, March 8, 1989).
Since that time, the safety zones have been effective in protecting
the safety of navigation without causing hardship to the local
businesses along the river which serve customers from recreational
vessels. However, continuing commercial development and use of the area
has led to the same problem of recreational vessels rafted out into the
channel and obstructing navigation in a location near the mouth of the
river, around Fagan's Restaurant not covered by a safety zone. The ten
foot zone prevents recreational vessels from mooring to the bulkheads.
Using the same process of informal consultation with local interests
and civil groups which contributed to the consideration of the prior
regulations, the local Coast Guard Captain of the Port in Cleveland,
Ohio, invited comments from an autonomous ad hoc working group, the
Cuyahoga River Task Force 1995, which included representatives of the
Flats Oxbow Association, a local civic group representing businesses in
the area. The consensus of the Cuyahoga River Task Force 1995 was that
congestion of recreational vessels experienced around the mouth of the
river called for the creation of an additional safety zone, under the
same terms and conditions, including provisions for conditional waivers
of the restrictions, as the other zones established for other
businesses further up the river.
In 1995, the Coast Guard published a Notice of Proposed Rulemaking
(60 FR 36375) proposing the zone recommended by the task force and
solicited comments from the general public. No comments were received.
Environment
The Coast Guard has considered the environmental impact of this
regulation and concluded that, under section 2.B.2.c of Coast Guard
Commandant Instruction M16475.1B (1994 amendments), it is categorically
excluded from further environmental documentation, and the categorical
exclusion determination is filed in the docket.
Federalism
This action has been analyzed in accordance with the principles and
criteria contained in Executive Order 12612, and it has been determined
that this regulation does not have sufficient federalism implications
to warrant the preparation of a Federalism Assessment.
Regulatory Evaluation
This regulation is considered to be nonsignificant under Executive
Order 12866 on Regulatory Planning and Review and nonsignificant under
Department of Transportation regulatory policies and procedures (44 FR
11034 of February 26, 1979). The economic impact of this regulation is
expected to be so minimal that a full regulatory evaluation is
unnecessary. Small entities that feel this regulation is causing them
to incur economic losses can partition the local Captain of the Port
for a waiver, provided they can prove adequate means of preventing the
rafting of boats at their businesses.
Small Entities
The Coast Guard certifies that this rule will not have a
significant economic impact on a substantial number of small entities.
The previous experience with the other safety zones and the local
procedures worked out by local business for the management of the
recreational vessels along their property in cooperation with the Flats
Oxbow Association and the Coast Guard, demonstrates that the
restrictions imposed for the benefit of safety can be accommodated with
minimal if any effect on the local businesses. These businesses are
primarily accessible from non-maritime avenues and rely on such avenues
for the overwhelming majority of their patronage.
Collection of Information
This regulation will impose no collection of information
requirements under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Security measures,
Vessels, Waterways.
In consideration of the foregoing the Coast Guard amends part 165
of title 33, Code of Federal Regulations as follows:
PART 165--[AMENDED]
1. The authority citation for Part 165 continues to read as
follows:
[[Page 37685]]
Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1(g),
6.04-1, 6.04-6, and 160.5; and 49 CFR 1.46.
2. In section 165.903, paragraphs (a)(1) through (a)(10) are
redesignated as paragraphs (a)(2) through (a)(11), paragraph (a),
introductory text, is revised, and a new paragraph (a)(1) is added to
read as follows:
Sec. 165.903 Safety Zone: Cuyahoga River and Old River, Cleveland,
Ohio.
(a) Location. The waters of the Cuyahoga River and the Old River
extending ten feet into the river at the following eleven locations,
including the adjacent shorelines, are safety zones, coordinates for
which are based on NAD 83.
(1) From the point where the shoreline intersects longitude
81 deg.42'24.5'' W, which is the southern side of the Conrail No. 1
railroad bridge, southeasterly along the shore for six hundred (600)
feet to the point where the shoreline intersects longitude
81 deg.42'24.5'' W, which is the end of the lot adjacent to Fagan's
Restaurant.
* * * * *
Dated: July 2, 1996.
T.M. Close,
Lieutenant Commander, U.S. Coast Guard, Alternate Captain of the Port,
Cleveland.
[FR Doc. 96-18330 Filed 7-18-96; 8:45 am]
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