Regattas and marine parades: Tall Stacks,
[Federal Register: October 4, 1999 (Volume 64, Number 191)]
[Rules and Regulations]
[Page 53628-53629]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr04oc99-10]
DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 100
[CGD08-99-052]
RIN 2115-AE46
Special Local Regulations; Tall Stacks 1999; Ohio River Mile 467.0-475.0, Cincinnati, OH
AGENCY: Coast Guard, DOT.
ACTION: Temporary final rule.
SUMMARY: Special local regulations are being adopted for Tall Stacks 1999. This event will be held from 6 a.m. on October 13, 1999 through 12:01 a.m. on October 18, 1999 on the Ohio River near Cincinnati, Ohio. These regulations are needed to provide for the safety of life on navigable waters during the event.
DATES: These regulations are effective from 6 a.m. on October 13, 1999, until 12:01 a.m. on October 18, 1999.
ADDRESSES: Unless otherwise indicated, all documents referred to in this document are available for review at Marine Safety Office, Louisville, 600 Martin Luther King Jr. Place, Room 360, Louisville, KY 40202-2230.
FOR FURTHER INFORMATION CONTACT: Lieutenant Jeff Johnson, Chief, Port Management Department, USCG Marine Safety Office, Louisville, KY at (502) 582-5194, ext. 39.
SUPPLEMENTARY INFORMATION:
Regulatory History
In accordance with 5 U.S.C. 553, a notice of proposed rule making for these regulations has not been published, and good cause exists for making them effective in less than 30 days from the date of publication. Following normal rule making procedures would be impracticable. The details of the event were not finalized in sufficient time to publish proposed rules in advance of the event or to provide for a delayed effective date.
Background and Purpose
The marine event requiring this regulation is Tall Stacks 1999, which is a national celebration of the steamboating era in America. The event is sponsored by the Greater Cincinnati Tall Stacks Commission. There will be boat races and parade cruises on the Ohio River between miles 467.0 to 475.0, mid-channel. Non-participating vessels will be able to transit the area when the river is reopened after each race and parade cruise.
Regulatory Evaluation
This rule is not a significant regulatory action under section 3(f) of Executive Order 12866 and does not require an assessment of potential costs and benefits under section 6(a)(3) of that order. The Office of Management and Budget has not reviewed it under that order. It is not significant under the regulatory policies and procedures of the Department of Transportation (DOT) (44 FR 11040; February 26, 1979). The Coast Guard expects the economic impact of this rule to be so minimal that a full Regulatory Evaluation under paragraph 10e of the regulatory policies and procedures of DOT is unnecessary because of the event's short duration.
Small Entities
The Coast Guard finds that the impact on small entities, if any, is not substantial. Therefore, the Coast Guard certifies under section 605(b) of the Regulatory Flexibility Act, 5 U.S.C. 601 et. seq., that this temporary rule will not have a significant economic impact on a substantial number of small entities because of the event's short duration and the regularly scheduled river openings during the event.
Collection of Information
This rule contains no information collection requirements under the Paperwork Reduction Act (44 U.S.C. 3501 et. seq.).
Federalism Assessment
The Coast Guard has analyzed this action in accordance with the principles and criteria of Executive Order 12612 and has determined that this rule does not raise sufficient federalism implications to warrant the preparation of a Federalism Assessment.
Environmental Assessment
The Coast Guard considered the environmental impact of this rule and concluded that under section 2-1, paragraph (34)(h) of Commandant
[[Page 53629]]
Instruction M16475.1C, this rule is excluded from further environmental documentation.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water), Reporting and recordkeeping requirements, Waterways.
Temporary Regulations
In consideration of the foregoing, Part 100 of Title 33, Code of Federal Regulations, is amended as follows:
PART 100--[AMENDED]
-
The authority citation for part 100 continues to read as follows:
Authority: 33 U.S.C. 1233; 49 CFR 1.46 and 33 CFR 100.35
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A temporary Sec. 100.35-T08-052 is added to read as follows:
Sec. 100.35-T08-052 Ohio River at Cincinnati, Ohio.
(a) Regulated area. All the waters of the Ohio River Mile 467.0- 475.0.
(b) Special local regulations. (1) All persons and vessels not registered with the sponsors as participants or official patrol vessels are considered spectators. ``Participants'' are those persons and vessels identified by the sponsor as taking part in the event. The ``official patrol'' consists of any Coast Guard, public, state or local law enforcement or sponsor-provided vessel assigned to patrol the event. The Coast Guard ``Patrol Commander'' is a Coast Guard commissioned, warrant, or petty officer who has been designated by Commanding Officer, Coast Guard Marine Safety Office Louisville.
(2) No vessel shall anchor, block, loiter in, or impede the through transit of participants or official patrol vessels in the regulated area during effective dates and times, unless cleared for such entry by or through an official patrol vessel.
(3) When hailed and/or signaled by an official patrol vessel, a spectator shall come to an immediate stop. Vessels shall comply with all directions given; failure to do so may result in a citation.
(4) The Patrol Commander is empowered to forbid and control the movement of all vessels in the regulated area. The Patrol Commander may terminate the event at any time it is deemed necessary for the protection of life and/or property and can be reached on VHF-FM Channel 16 by using the call sign ``PATCOM''.
(c) Effective dates. This section will be effective from 6 a.m. on October 13, 1999, until 12:01 a.m. on October 18, 1999.
Dated: September 17, 1999. Paul J. Pluta, Rear Admiral, U.S. Coast Guard Commander, Eighth Coast Guard District.
[FR Doc. 99-25728Filed10-1-99; 8:45 am]
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