[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] ======================================================================= ----------------------------------------------------------------------- [[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. ----------------------------------------------------------------------- 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] BILLING CODE 4910-14-M