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

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

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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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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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