[Federal Register Volume 63, Number 152 (Friday, August 7, 1998)]
[Proposed Rules]
[Pages 42304-42308]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-21186]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR PART 165

[CGD09-97-002]
RIN 2115-AE84


Regulated Navigation Area--Air Clearance Restrictions at the 
Entrance to Lakeside Yacht Club and the Northeast Approach to Burke 
Lakefront Airport in Cleveland Harbor, OH

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish a regulated navigation 
area at the entrance to the Lakeside Yacht Club in Cleveland Harbor, 
Ohio, underneath the northeast approach to the Burke Lakefront Airport, 
in order to avoid conflict with the safety parameters for an 
instrument-guided aircraft approach slope. The regulation would create 
a set of restricted areas, some of which would prohibit docking of 
vessels of certain heights, others which would require vessels of 
certain heights to obtain clearance from the Airport before entering or 
leaving the entrance to the yacht club during times when the instrument 
system is in use. Vessels with masts less than 41 feet above the 
waterline would not be affected at all, and vessels less than 45 feet 
in height would not be required to make any change in their normal 
areas of navigation or docking. Vessels with masts between 45 and 95 
feet would be subject to a requirement to obtain a routine clearance by 
radio or telephone before navigating through the area, and vessels 
between 53 and 95 feet would be limited to certain specified areas for 
docking. Vessels 95 feet and above, none of which are currently using 
the area, would be prohibited from any entry into the area.

DATES: Comments must be received on or before November 5, 1998.

ADDRESSES: Comments and supporting materials may be mailed or delivered 
to Lieutenant Lynn Goldhammer, Assistant Chief, Marine Safety Analysis 
and Policy Branch, Ninth Coast Guard District, Room 2069, 1240 E. Ninth 
Street, Cleveland, Ohio, 44199-2060. Comments may also be telefaxed to 
(216) 902-6059. Please reference the name of the proposal and the 
docket number [CGD09-97-002] in any communication. If you wish receipt 
of your mailed comment to be acknowledged, 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 9 a.m. to 3 p.m. Monday through Friday except federal 
holidays.

FOR FURTHER INFORMATION CONTACT: Lieutenant Lynn Goldhammer, Assistant 
Chief, Marine Safety Analysis and Policy Branch, Ninth Coast Guard 
District, Room 2069, 1240 E. Ninth Street, Cleveland, Ohio, 44199-2060, 
(216) 902-6050.

    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

    Burke Lakefront Airport, located next to Cleveland Harbor in 
Cleveland, Ohio, proposes to install an instrument-guided approach 
system for the northeast approach to the Airport which is important to 
maintaining safe and commercially viable airport operations. Under 
Federal Aviation Administration flight standards, this instrument-
guided approach, during times when available for use, will require a 
more extensive zone of air clearance than the existing visual approach. 
The Lakeside Yacht Club is located in Cleveland Outer harbor near the 
northeast end of the runway, and the entrance channel leading into the 
yacht club docks is immediately adjacent to the end of the runway 
(Runway 24R). The configuration of the area between the airport and the 
yacht club is depicted in Figure 1.

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[GRAPHIC] [TIFF OMITTED] TP07AU98.017



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    The shaded areas in Figure 1 are those areas over water where the 
safety parameters of the instrument approach system create relevant 
restrictions on the height of vessel structures, in feet, with 
clearance levels indicated in both mean sea level (MSL) and height over 
high water (applicable mast heights) based on an extreme high water 
level of 577 feet MSL. The actual boundaries of the area are defined by 
exact geographic coordinates specified in the proposed regulation, 
based on calculations from the Federal Aviation Administration. 
Illustration 1 is an approximate guide to how those coordinates and 
areas will fall over the area when those coordinates are mapped on to a 
nautical chart by the National Oceanic and Atmospheric Administration.
    The Airport proposal raises two questions: (1) What restriction on 
vessel heights would be required to avoid conflict with the approach 
slope safety parameters? (2) How can those parameters be protected 
without undue restriction on vessel navigation and the operation of the 
yacht club?

Clearance Requirements

    Under the current plan for an instrument-guided approach being 
considered by Burke Lakefront Airport and the Federal Aviation 
Administration, the center line of the approach path comes down along 
the northwest side of the Lakeside yacht Club entrance channel. This 
creates the need for an air clearance area which becomes lower as the 
approach nears the southwest end of the channel. In addition to the 
main clearance area directly under the main approach path, there is a 
slanted clearance area to the side of the main approach path which 
accounts for the skewing of the air clearance areas over the south end 
of the channel. This air clearance area extends down to as low as 618 
feet above mean sea level (MSL) at the south end of the entrance 
channel. The main part of the channel used by vessels to transit in and 
out of the Lakeside Yacht Club docks (which normally bear to the east 
side of the entrance along the south extension of the jetty, where 
there is the best water depth) is covered by an air clearance area 
ranging from 622 to 640 feet above MSL. Although there are no 
measurable tides on the Great Lakes, water levels vary according to 
yearly climate, season, and weather. Water levels tend to run highest 
during the summer. In addition, they are subject to short-term 
increases due to wind, storm surge, and seiches. Therefore, safety 
parameters should be based on the highest recorded levels. The long-
term monthly average level (1860 through 1990) for Cleveland is 572.2 
feet MSL, but levels have reached a monthly average high of 573.9 feet 
MSL (July 1996) and an all-time hourly high of 576.3 feet MSL (in 
February 1987). Rounding up this all-time hourly high, which reflects 
the variations which can be created by storm conditions, suggests 577 
MSL as the safe figure for high water to be subtracted from the mean 
sea level air clearance. This is the basis for the ``applicable mast 
heights'' assigned to the various restricted areas marked on Figure 1. 
One of these restricted areas, area no. 1, which applies to vessels 
with heights as low as 41 feet, in fact covers an area of shallow and 
obstructed water outside of the normal route in and out of the club, 
and therefore does not actually affect the normal navigation of any 
sailboats as long as they avoid accidentally wandering into that area. 
The relevant limit, at which some boats become affected, is therefore 
the limit of 45 feet within restricted area no. 2.

Yacht Club Operations

    The yacht club currently accommodates a number of sailboats with 
mast heights ranging from 45 to 65 feet above the water line, including 
sailboats belonging to members of the Club and others visiting the 
Club, which would be affected by these restrictions. There is 
sufficient available room for docking vessels with masts as high as 95 
feet in Club facilities located further away from the end of the runway 
than the entrance channel, without intruding into the glide slope 
safety parameters. The primary problem, therefore, is to avoid a 
conflict during the time that sailboats with masts of 45 feet or more 
are entering or leaving the entrance channel. In discussions held 
between representatives of the yacht club and the Airport, it was 
agreed that the interests of both parties could be accommodated by a 
system for clearing vessels with high masts for transit with the 
traffic control tower. Vessel operators would be advised of the 
requirements to obtain clearance by a regulatory notice on the nautical 
charts, various warning signs to be provided by the Airport, and notice 
to the members of the yacht club. In addition, the airport agreed to 
build a permanent fixed marker with a light alongside the entrance 
channel, marking the outer corner of restricted area no. 1 in order to 
facilitate the safe passage through the preferred half of the channel. 
Clearance for transit through areas no. 2 and 3 would be obtained by 
telephone or radio call to the Burke Lakefront Air Traffic Control 
Tower, with radio calls being made on marine band channel 14. This is 
an area wholly within the protection of Cleveland Harbor, with 
additional protection from wave action provided by the airport landfill 
to the north. It therefore should not be unsafe for vessels to 
temporarily hold up outside the entrance to the yacht club on the rare 
occasions when clearance is required and cannot be granted. There is 
also a fueling dock on the outside of the entrance, within area no. 3, 
providing a location where most vessels requiring clearance can 
temporarily tie up if necessary. Vessels 63 feet in height and over 
would have to obtain clearance further in advance before entering area 
no. 3 and the fueling dock location. It is anticipated that times when 
a vessel would actually be required to hold up would be rare, because 
it is not necessary when aircraft make normal visual approaches, and 
the expected time that a vessel would have to hold up is a maximum of 
fifteen minutes. In addition, the regulation would provide for advance 
group clearances to be provided for the convenience of the yacht club 
to accommodate planned events such as regattas on weekends.
    Given the agreement between the two relevant parties, the airport's 
commitment to provide the warning sign, lighted channel marker, and 
clearance procedures, and the limited number of larger sailboats which 
may be affected by the clearance requirement, the Coast Guard views 
this proposal as a reasonable and safe solution as long as both parties 
maintain their existing commitment to cooperate in making the clearance 
system work. In order to be able to assure the Federal Aviation 
Administration that conflict will be avoided, and to insure the safety 
of both vessels and aircraft, the Coast Guard proposes to promulgate 
this vessel clearance requirement as a regulated navigation area. In 
order to be assured that this solution is both safe and fair, the Coast 
Guard specifically requests comments on the safety and practicality of 
the proposed regulation, from the point of view of both vessel and 
airport operations.

Drafting Information

    The drafter of this regulation is Commander Eric Reeves, Chief, 
Marine Safety Analysis and Policy Branch, Ninth Coast Guard District.

Environment

    The Coast Guard has considered the environmental impact of this 
regulation and concluded that, under Figure 2-1, paragraph (34)(g) of 
Coast Guard Commandant Instruction M16475.1C, it is categorically 
excluded from further environmental documentation, and has so certified 
in the docket file.

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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).

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.

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.
    Regulations: In consideration of the foregoing, the Coast Guard 
proposes to amend Subpart C of Part 165 of title 33, Code of Federal 
Regulations as follows:
    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), 
6.04-6, and 160.5; and 49 CFR 1.46.

    2. A new section is added to read as follows:


Sec. 165.906  Lakeside Yacht Club in Cleveland Harbor, Cleveland, 
Ohio--regulated navigation areas.

    (a) Restricted Areas. The following are areas inside Cleveland 
Harbor which are subject to navigational restrictions based on the 
height of masts or other structures specified in paragraph (b) of this 
section. All of these areas are inside the ``Lakeside Yacht Club 
entrance channel,'' defined as the water area between the Lakeside 
Yacht Club jetties and the Burke Lakefront Airport landfill, or inside 
the ``Lakeside Yacht Club docks,'' defined as the docking area inside 
the Lakeside Yacht Club jetties and immediately adjacent to Lakeside 
Yacht Club.
    (1) Restricted area no. 1. Restricted area no. 1 is the water area 
on the southwest end of the Lakeside Yacht Club entrance channel which 
is southwest of a line running 328 deg. T and northwest of a line 
running 232 deg. T from a point 41 deg.31'28.00'' N, 81 deg.40'02.60'' 
W, which point is marked by a fixed flashing yellow light.
    (2) Restricted area no. 2. Restricted area no. 2 is the water area 
of the Lakeside Yacht Club entrance channel which is outside restricted 
area no. 1 and the entrance to the Yacht Club docking area, and 
southwest of a line running 328 deg. T from the intersection of 
81 deg.39'58.47'' W and a reference line running between point A at 
41 deg.31'33.45'' N, 81 deg.39'47.45'' W and point B at 
41 deg.31'19.67'' N, 81 deg.40'19.17'' W.
    (3) Restricted area no. 3. Restricted area no. 3 is the water area 
of the Lakeside Yacht Club entrance channel which is outside restricted 
area no. 1, and southwest of a line running 328 deg. T from point A at 
41 deg.31'33.45'' N, 81 deg.39'47.45'' W.
    (4) Restricted area no. 4. Restricted area no. 4 is the area inside 
the Lakeside Yacht Club docks which is southwest of a line running 
328 deg. T from the intersection of 81 deg.39'58.47'' W and a reference 
line running between point A at 41 deg.31'33.45'' N, 81 deg.39'47.45'' 
W, and point B at 41 deg.31'19.67'' N, 81 deg.40'19.17'' W, and 
northwest of the same reference line.
    (5) Restricted area no. 5. Restricted area no. 5 is the area inside 
the Lakeside Yacht Club docks which is outside restricted area 4 and 
northwest of a line 183 feet southeast and parallel to a reference line 
running between point A at 41 deg.31'33.45'' N, 81 deg.39'47.45'' W and 
point B at 41 deg.31'19.67'' N, 81 deg.40'19.17'' W.
    (6) Restricted area no. 6. Restricted area no. 6 is the area inside 
the Lakeside Yacht Club docks which is outside restricted areas 4 and 
5.
    (b) Restrictions applicable to vessels of certain heights. Vessels 
of certain heights are subject to the following restrictions with 
reference to the restricted areas detailed in paragraph (a) of this 
section. The height of a vessel is the height above the waterline of 
masts, antennas, navigational equipment, or any other structure.
    (1) Less than 41 feet. Vessels less than 41 feet in height are not 
subject to any restrictions under this section.
    (2) 41 to 45 feet. Vessels 41 feet and less than 45 feet in height 
may not enter restricted area 1.
    (3) 45 to 53 feet. Vessels 45 feet and less than 53 feet in height 
may not enter restricted area 1 and must comply with the clearance 
procedures prescribed in paragraph (c) of this section when navigating 
through restricted area 2.
    (4) 53 to 63 feet. Vessels 53 feet and less than 63 feet in height 
may not enter restricted area 1, must comply with the clearance 
procedures prescribed in paragraph (c) of this section when navigating 
through restricted area 2, and may not dock in or enter restricted area 
4 at any time.
    (5) 63 to 95 feet. Vessels 63 feet and less than 95 feet in height 
may not enter restricted area 1, must comply with the clearance 
procedures prescribed in paragraph (c) of this section when navigating 
through restricted areas 2 or 3, and may not dock in or enter 
restricted areas 4 or 5 at any time.
    (6) 95 feet or more. Vessel 95 feet or more in height may not enter 
any of the restricted areas, areas 1 through 6, at any time.
    (c) Clearance procedures. Except during the times specified in 
paragraph (d), of this section vessels subject to these procedures must 
obtain clearance from the Burke Lakefront Air Traffic Control Tower 
before navigating through the restricted area(s), navigate promptly 
through the area(s) at a safe and practical speed, and promptly inform 
the Burke Lakefront Air Traffic Control Tower after clearing the 
restricted area(s), or of any difficulty preventing prompt clearance. 
The Burke Lakefront Air Traffic Control Tower may be contacted on 
marine radio channel 14, or by telephone at (216) 781-6411. Navigation 
at safe and practical speed includes brief stops at the fueling dock 
inside restricted area 3 by vessels between 63 and 95 feet in height. 
Clearance may also be obtained for longer periods, and for groups of 
vessels, for times arranged in advance with Burke Lakefront Airport by 
any appropriate means of communication, including prior written 
agreement with the Airport.
    (d) Suspension of clearance requirements. The clearance procedures 
specified in paragraph (c), of this section do not apply during the 
following times, during which vessels which would otherwise be required 
to obtain clearance may proceed without doing so:
    (1) 11:00 p.m. on Friday to 7:00 a.m. on Saturday.
    (2) 11:00 p.m. on Saturday to 8:00 a.m. on Sunday.
    (3) 12:00 midnight Sunday night to 7:00 a.m. on Monday.
    (e) Suspension of Applicability. This section does not apply during 
any period in which the Federal Aviation Administration withdraws 
approval for operation of an instrument-only

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approach to runway 24 on the northeast end of Burke Lakefront Airport.

    Dated: July 14, 1998.
G.S. Cope,
Captain, U.S. Coast Guard Acting Commander, Ninth Coast Guard District.
[FR Doc. 98-21186 Filed 8-6-98; 8:45 am]
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