[Federal Register Volume 64, Number 32 (Thursday, February 18, 1999)]
[Rules and Regulations]
[Pages 8002-8007]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-3940]


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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 the Cleveland Harbor, OH

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

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SUMMARY: The Coast Guard has established 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, to 
avoid conflict with the safety parameters for an instrument-guided 
aircraft approach slope. This regulation creates a set of restricted 
areas, some of which prohibit docking of vessels of certain heights, 
others 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 are not affected by this rule. 
Vessels with masts between 41 and 45 feet above the waterline are 
restricted from one location. Vessels with masts between 45 and 95 feet 
above the waterline are required to obtain a routine clearance by radio 
or telephone before navigating through the area. Vessels with masts 
between 53 and 95 feet above the waterline are limited to certain 
specified areas for docking. Vessels with masts 95 feet or more above 
the waterline, none of which currently uses the area, are prohibited 
from any entry into the area.

DATES: This final rule is effective March 22, 1999.

ADDRESSES: Documents as indicated in this preamble are available for 
inspection or copying at the Ninth Coast Guard District, Room 2069, 
1240 E. Ninth Street, Cleveland, Ohio, 441992060, between 7:30 a.m. and 
4 p.m., Monday through Friday, except Federal holidays. The telephone 
number is 216-902-6050.

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.

SUPPLEMENTARY INFORMATION: 

Regulatory History

    On August 7, 1998, the Coast Guard published a notice of proposed 
rulemaking entitled Regulated Navigation Area--Air Clearance 
Restrictions at the Northeast Entrance to Lakeside Yacht Club and 
Approach to Burke Lakefront Airport in Cleveland Harbor, OH in the 
Federal Register (63 FR 152). The Coast Guard received no letters 
commenting on the proposed rulemaking. No public hearing was requested 
and none was held.

Background and Purpose

    Burke Lakefront Airport, located next to Cleveland Harbor in 
Cleveland, Ohio, has installed an instrument-guided approach system for 
the northeast approach to the Airport. The new system 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, requires a

[[Page 8003]]

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 Illustration 1 here.

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[GRAPHIC] [TIFF OMITTED] TR18FE99.010



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    The shaded areas in the illustration are those areas over water 
where the safety parameters of the instrument approach system create 
necessary 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 regulation, 
based on calculations from the Federal Aviation Administration. 
Illustration 1 is an approximate guide to how those coordinates and 
areas fall over the area when those coordinates are mapped on to a 
nautical chart by the National Oceanic and Atmospheric Administration.
    The Airport proposal raised 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.
    With the instrument-guided approach installed 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 or sudden oscillations due to wind, storm surges 
and geologic disturbances. Therefore, safety parameters have been 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 1997). Rounding up 
this all-time hourly high, which reflects the variations which can be 
created by storm conditions, suggested 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 structure or equipment heights'' 
assigned to the various restricted areas marked on illustration 1. One 
of these restricted areas, area no. 1, which applies to vessels with 
mast 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 mast height 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 will be advised of the 
requirement 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 has built 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 must 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 be safe 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 with masts 63 feet in height 
and over would need to obtain clearance further in advance before 
entering area no. 3 and the fueling dock location. Times when a vessel 
would actually be required to hold up will be rare, because it is not 
necessary when aircraft make normal visual approaches, and the expected 
time that a vessel will have to hold up is a maximum of fifteen 
minutes. In addition, this regulation provides 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 lighted warning signs, a 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 rule 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 assure the Federal Aviation 
Administration that conflict will be avoided, and to insure the safety 
of both vessels and aircraft, the Coast Guard has promulgated this 
vessel clearance requirement as a regulated navigation area.

Discussion of Comments and Changes

    During the 90 days since the Notice of Proposed Rulemaking was 
published discussing the air clearance restrictions at the entrance to 
the Lakeside Yacht Club, the Coast Guard has received no comments and 
has made no changes to the original proposed rule.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
Coast Guard considered whether this rule will have a significant 
economic impact on a substantial number of small entities. Small 
entities include small businesses, not-for-profit organizations that 
are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with

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populations of less than 50,000. Therefore, the Coast Guard certifies 
under section 605(b) of the Regulatory Flexibility Act (5 U.S.C. 601 et 
seq.) that this final rule will not have a significant economic impact 
on a substantial number of small entities.

Collection of Information

    This final rule does not provide for a collection of information 
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.)

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.

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.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reports and 
recordkeeping requirements, Waterways.

Regulation

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS--
[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), 
6.04-6, and 160.5; and 49 CFR 1.46.

    2. Add Sec. 165.906 to read as follows:


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

    (a) Restricted Areas. The following are areas inside Cleveland 
Harbor which are subject to navigational restrictions based on the 
height of vessel masts as specified in paragraph (b) of this section. 
For the purpose of this section, the term ``mast'' will be used to 
include masts, antennae or any other portion of the vessel extending 
above the waterline. 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 at 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 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 
with masts 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 water line 
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 at least 41 feet in height yet less than 
45 feet in height may not enter restricted area 1.
    (3) 45 to 53 feet. Vessels at least 45 feet in height yet less than 
53 feet in height may not enter restricted area 1 and must comply with 
the clearance procedures prescribed in paragraph (c) when navigating 
through restricted area 2.
    (4) 53 to 63 feet. Vessels at least 53 feet in height yet 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 at least 63 feet in height yet 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 restricted area, 1 through 6, at any time.
    (c) Clearance procedures. Except during the times specified in 
paragraph (d), operators of vessels subject to these procedures must do 
the following:
    (1) Obtain clearance from the Burke Lakefront Air Traffic Control 
Tower before navigating through the restricted area(s);
    (2) Navigate promptly through the area(s) at a safe and practical 
speed. Navigation at a safe and practical speed includes brief stops at 
the fueling dock inside restricted area 3 by vessels with masts between 
63 and 95 feet in height; and
    (3) 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 
except as noted during the suspended hours listed in paragraph (d) of 
this section. The radio and telephone will be manned when the 
instrument guided approach system is being utilized.
    (4) Clearance may also be obtained for longer periods or for groups 
of vessels when arranged in advance with Burke Lakefront Airport by any 
appropriate means of communication, including a prior written 
agreement.
    (d) Enforcement of clearance requirements. The clearance procedures 
specified in paragraph (c) of this section will not be enforced during 
the following times:

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    (1) 11:00 p.m. on Fridays to 7:00 a.m. on Saturdays.
    (2) 11:00 p.m. on Saturdays to 8:00 a.m. on Sundays.
    (3) 12:00 midnight Sunday nights to 7:00 a.m. on Mondays.
    (e) Enforcement. This section will not be enforced during any 
period in which the Federal Aviation Administration withdraws approval 
for operation of an instrument-only approach to runway 24 on the 
northeast end of Burke Lakefront Airport.

    Dated: January 29, 1999.
J.F. McGowan,
Rear Admiral, U.S. Coast Guard Commander, Ninth Coast Guard District.
[FR Doc. 99-3940 Filed 2-17-99; 8:45 am]
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