Regulations last checked for updates: Jan 18, 2025

Title 33 - Navigation and Navigable Waters last revised: Jan 16, 2025
§ 165.T24-0393 - Regulated navigation area; Irishtown Bend Construction, Cuyahoga River, Cleveland, OH.

(a) Location. The following area is a Regulated Navigation Area (RNA): All navigable waters of the Cuyahoga River between the Detroit-Superior Bridge in position 41°29′37″ N, 081°42′13″ W (NAD 83) and the Columbus Road Bridge in position 41°29′17″ N, 081°42′01″ W (NAD 83), from surface to bottom, during the time of enforcement described in paragraph (d) of this section.

(b) Definition. As used in this section, “on-scene representative” of the Captain of the Port Eastern Great Lakes (COTP) is any Coast Guard commissioned, warrant or petty officer who has been designated by the COTP to act on the COTP's behalf. The on-scene representative may be on a Coast Guard vessel, other designated craft, or on shore and communicating with vessels via VHF-FM radio or loudhailer.

(c) Regulations. In addition to the general RNA regulations in § 165.13, the following regulations apply to the RNA described in paragraph (a) of this section.

(1) A vessel transiting through the RNA must make a direct passage. No vessel may stop, moor, anchor or loiter within the RNA at any time unless it is engaged or intending to engage in construction work discussed in the RNA or are able to maintain a safe distance from the construction barges. All movement within the RNA is subject to a “Slow-No Wake” speed limit. No vessel may produce a wake or attain speeds greater than 5 knots unless a higher minimum speed is necessary to maintain bare steerageway.

(2) The operator of any vessel transiting in the RNA must comply with all lawful directions given to them by the Captain of the Port Eastern Great Lakes (COTP) or the COTP's on-scene representative.

(3) The inland navigation rules in 33 CFR chapter I, subchapter E remain in effect within the RNA and must be followed at all times.

(4) No vessel may navigate within 10 feet of the construction barges during the Enforcement Periods.

(d) Enforcement periods. (a) This section is enforceable during the following periods:

(1) December 2, 2024 through January 31, 2025; 7:00 a.m. each Tuesday through 7:00 a.m. each Thursday.

(2) February 3, 2025 through February 28, 2025; No transit restrictions required due to lack of anticipated vessel traffic.

(3) March 3, 2025 through March 28, 2025; 8:00 a.m. though 4:00 p.m. each Monday through Friday.

(4) March 31, 2025 through Jul 11, 2025; 7:00 a.m. each Tuesday through 7:00 a.m. each Thursday.

(b) If the COTP determines this section need not be enforced during these times on a given day, marine broadcast notices to mariners will be used to announce the specific periods when this section will not be subject to enforcement. For information on radio stations broadcasting BNMs, see 33 CFR 72.01-25 and check the latest Local Notice to Mariners (LNM) for Coast Guard District 9 on https://www.navcen.uscg.gov.

[USCG-2024-0393, 89 FR 92807, Nov. 25, 2024]
authority: 46 U.S.C. 70034,70051,70124; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Department of Homeland Security Delegation No. 00170.1, Revision No. 01.3
source: CGD 79-034, 47 FR 29660, July 8, 1982, unless otherwise noted.
cite as: 33 CFR 165.T24-0393