Ports and waterways safety: Cleveland Harbor, OH; regulated navigation area,
[Federal Register: August 7, 1998 (Volume 63, Number 152)]
[Proposed Rules]
[Page 42304-42308]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07au98-51]
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.
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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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:
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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.
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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. 98-21186Filed8-6-98; 8:45 am]
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