[Federal Register Volume 60, Number 136 (Monday, July 17, 1995)]
[Proposed Rules]
[Pages 36374-36376]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-17491]



-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION
Coast Guard

33 CFR Part 165

[CGD09-95-018]


Safety Zone; Cuyahoga River, Cleveland, OH

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

-----------------------------------------------------------------------

[[Page 36375]]


SUMMARY: The Coast Guard proposes to add a new permanent safety zone in 
the Cuyahoga River in Cleveland, Ohio The new safety zone near the 
mouth of the river, would restrict the mooring of boats in the area 
from the Conrail No. 1 railroad bridge south for six hundred feet to 
the end of the parking lot adjacent Fagan's Restaurant.

DATES: Comments must be received on or before September 15, 1995.

ADDRESSES: Comments and supporting materials should be mailed or 
delivered to Lieutenant (junior grade) Nathan Knapp, Project Officer 
and Assistant Chief of the Port Operations Department, Coast Guard 
Captain of the Port Cleveland, 1055 E. Ninth Street, Cleveland, Ohio, 
44114. Please reference the name of the proposal and the docket number 
in heading above. If you wish receipt of your mailed comment to be 
acknowledge, please include a stamped self-addressed envelope or 
postcard for that purpose. Comments and materials received will be 
available for public inspection at the above location from 8 a.m. to 3 
p.m. Monday through Friday.

FOR FURTHER INFORMATION CONTACT:
Lieutenant (junior grade) Nathan Knapp, Project Officer and Assistant 
Chief of the Port Operations Department, Coast Guard Captain of the 
Port Cleveland, 1055 E. Ninth Street, Cleveland, Ohio 44114, (216) 522-
4405.

SUPPLEMENTARY INFORMATION:

Request for Comments

    The Coast Guard encourages interested persons to participate in 
this rulemaking by submitting comments which may consist of data, views 
arguments, or proposals for amendments to the proposed regulations. The 
Coast Guard does not currently plan to have a public hearing. However, 
consideration will be given to holding a public hearing if it is 
requested. Such a request should indicate how a public hearing would 
contribute substantial information or views which cannot be received in 
written form. If it appears that a public hearing would substantially 
contribute to this rulemaking and there is sufficient time to publish a 
notice, the Coast Guard will announce such a hearing by a later notice 
in the Federal Register. The Coast Guard will consider all comments 
received before the closing date indicated above, and may amend or 
revoke this proposal in response to such comments.

Background and Purpose

    The section of the Cuyahoga River in which these safety zones are 
located is a section of river heavily used by both large commercial 
vessels and small recreational traffic. Use of the river by large 
commercial vessels continues to increase, rising from 770 transits in 
1982, 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. During the boating season, large 
numbers of recreational vessels tend to 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 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, whose comments were 
incorporated in the formal regulatory comment process, the Coast Guard 
Captain of the Port in Cleveland, Ohio, established a set of ten 
permanent safety zones under the standing regulation at 33 CFR 165.903. 
(See the previous Notice of Proposed Rulemaking at 52 FR 45973, 
December 3, 1987, and the previous Notice of Final Rule at 54 FR 9776, 
March 8, 1989.) Since that time, it appears that 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 previously 
covered by a safety zone. Using the same process of informal 
consultation with local interests and civic groups which contributed to 
the consideration of the prior regulations, the local Coast Guard 
Captain of the Port in Cleveland, Ohio, invited comments from a 
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 Cuyahoga River 
Task Force 1995 and the Flats Oxbow Association have also performed a 
valuable service in helping to coordinate markings, signs, and 
operational procedures used by the local businesses and the Coast Guard 
in order to make the existing regulations work in a safe, effective, 
and economical manner. The general consensus of the Cuyahoga River Task 
Force 1995 is that congestion of recreational vessels experienced 
around the area of Fagan's restaurant near the mouth of the river calls 
for the inclusion of this area in the standing regulations as 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.

    Although the recent study of the problem by the Cuyahoga River Task 
Force 1995 has provided valuable information for the use of the Coast 
Guard, this local group does not constitute a formal advisory committee 
to the Coast Guard, and the Coast Guard will independently review all 
public comment on the issue, through the formal process instituted by 
this notice, before deciding on a course of action. Therefore, the 
Coast Guard now invites formal comment from all members of the public, 
including participants in the Cuyahoga River Task Force 1995.

    Drafting Information: The drafters of this regulation are, 
Lieutenant (junior grade) Nathan Knapp, Project Officer and 
Assistant Chief of the Port Operations Department, Coast Guard 
Captain of the Port Cleveland, and, Commander Eric Reeves, Chief of 
the Port & Environmental Safety Branch, Ninth Coast Guard District.

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, it is categorically excluded from 
further environmental documentation, and has so certified in the docket 
file. All of the area included in the proposed safety zones is 
developed property, with hard seawalls, and commercial construction, 
and does not include environmentally sensitive areas. There are other 
parts of the Cuyahoga and Old Rivers which do include environmentally 
sensitive areas, and which could be affected by a marine accident in 
the river. However, the sole purpose and effect of this regulation is 
to reduce the probability of such an accident occurring.

[[Page 36376]]


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. Safety of 
navigation is a matter of long-standing and well accepted Federal 
regulation. In addition, the Coast Guard has actively consulted with 
city and state officers with concurrent responsibilities for safety in 
this area in formulating this proposal.

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). This is a matter of local concern, with no 
implications for national policy or economics.

Small Entities

    The economic impact of this regulation is expected to be so minimal 
that a full regulatory evaluation is unnecessary. Since the impact of 
this regulation is expected to be minimal, the Coast Guard certifies 
that, if adopted, it will not have a significant economic impact on a 
substantial number of small entities. The new safety zone will have a 
minimal effect on three local businesses, none of which have so far 
entered objections to the proposal. 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. Also, it should be noted that a serious accident on the 
waterway could have a severely adverse affect on the same businesses.

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.

Proposed Regulations

    In consideration of the foregoing the Coast Guard proposes to amend 
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:

    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; 49 CFR 1.46.

    2. In Sec. 165.903, paragraphs (a)(1) through (a)(10) are 
redesignated as paragraphs (a)(2) through (a)(11), paragraph (a) 
introductory text is revised, a new paragraph (a)(1) is added to read 
as follows:


Sec. 165.903  Safety Zones: 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.42'31.5'' 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 parking lot adjacent to 
Fagan's Restaurant.
* * * * *
    Dated: July 5, 1995.
J.J. Davin, Jr.,
Commander, U.S. Coast Guard, Captain of the Port, Cleveland.
[FR Doc. 95-17491 Filed 7-14-95; 8:45 am]
BILLING CODE 4910-14-M