Ports and waterways safety: Ohio River, OH; regulated navigation area,

[Federal Register: July 13, 1998 (Volume 63, Number 133)]

[Rules and Regulations]

[Page 37492-37493]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]



Coast Guard

33 CFR Part 165


RIN 2115-AE84

Regulated Navigation Area; Ohio River, Mile 461.0-462.0, Cincinnati, OH

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

SUMMARY: The Coast Guard is establishing a regulated navigation area on the Ohio River from mile 461.0 to mile 462.0. These regulations are needed to protect and control recreation and commercial vessel traffic during two concerts by musician Jimmy Buffet at the Riverbend Music Center, Cincinnati, Ohio. These regulations will restrict general navigation in the regulated area for the safety of recreational and commercial vessels.

DATES: These regulations are effective from 8 p.m. until 11:30 p.m. on July 24 and 25, 1998.

ADDRESSES: Unless otherwise indicated, all documents referred to in these regulations are available for review at Marine Safety Office, Louisville, 600 Martin Luther King Jr. Place, Rm 360, Louisville, KY 40202-2230.

FOR FURTHER INFORMATION CONTACT: Lieutenant Jeff Johnson, Chief, Port Management Department, USCG Marine Safety Office, Louisville, Kentucky at (502) 582-5194, ext. 39.


Drafting Information: The drafters of this regulation are Lieutenant Jeff Johnson, Port Management Officer for the Captain of the Port of Louisville, Kentucky, and Lieutenant Junior Grade Michael A. Woodruff, Project Attorney, Eighth Coast Guard District, New Orleans, LA.

Regulatory History

In accordance with 5 U.S.C. 553, a notice of proposed rulemaking 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

For the past few years performance artist Jimmy Buffet has performed annual concerts at the Riverbend Music Center and over that period of time the concerts have increased in popularity. In the last few years, this particular concert series has attracted an increasingly large number of spectator craft, posing a significant hazard to navigation. This increased number of vessels has contributed to an unusually high number of close calls between spectator craft and commercial traffic. The purpose of this regulation is to establish navigation and operating restrictions which will serve to separate recreational vessels from commercial vessel traffic, and if needed, to escort

[[Page 37493]]

commercial traffic through the regulated navigation zone.

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 sections 6(a)(3) of that order. Its has not been reviewed by the Office of Management and Budget under that order. It is not significant under the regulatory policies and procedures of the Department of Transportation (DOT) (44 CFR 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.

To avoid any unnecessary adverse economic impact on businesses which use the river for commercial purposes, Captain of the Port, Louisville, Kentucky will monitor river conditions and will ease restrictions in the regulated area as conditions permit. Change will be announced by Marine Safety Information Radio Broadcast (Broadcast Notice to Mariners) on VHF marine band radio, channel 22 (157.1 MHZ). Mariners may also call the Port Management Officer, Captain of the Port, Louisville, Kentucky at (502) 582-5194 for current information.

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.

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)(g) of Commandant Instruction M16475.1C, this rule is categorically excluded from further environmental documentation as an action required to protect public safety.

List of Subjects in 33 CFR Part 165

Harbors, Marine safety, Navigation (water), Reporting and recordkeeping requirements, Security measures, Vessels, Waterways.

Temporary Regulations

In consideration of the foregoing, Subpart F of Part 165 of Title 33, Code of Federal Regulations, is amended as follows:


  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- 1, 6.04-6, and 160.5; 49 CFR 1.46.

  2. A temporary Sec. 165-T08-038 is added to read as follows:

    Sec. 100-T08-038 Regulated navigation area: Ohio River.

    (a) Location. The Ohio River between mile 461.0 and 462.0 is established as a regulated navigation area.

    (b) Regulations. (1) Commercial vessels transiting the regulated navigation area shall proceed at minimum steerage and at the direction of the Coast Guard officers or petty officers who will be patrolling the regulated area on board Coast Guard vessels.

    (2) Recreational vessels within the area shall not anchor or moor in the navigable channel.

    (3) Depending on on-scene conditions, the Captain of the Port, Louisville, Kentucky, upon request, or for good cause, may authorize deviation from this section if the Captain of the Port, Louisville, Kentucky, finds that the proposed or needed operations can be performed safely.

    (4) The Captain of the Port, Louisville, Kentucky will notify the maritime community of river conditions affecting the area covered by this regulated navigation area by Marine Safety Information Radio Broadcast on VHF Marine Band Radio, Channel 22 (157.1 MHZ).

    (c) Effective date: This section will be effective from 8 p.m. to 11:30 p.m. on July 24 and 25, 1998.

    Dated: June 25, 1998. Paul J. Fluta, Rear Admiral, U.S. Coast Guard Commander, Eighth Coast Guard District.

    [FR Doc. 98-18557Filed7-10-98; 8:45 am]

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