[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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