Regattas and marine parades: Ohio River 4th of July Celebration,
[Federal Register: June 28, 1999 (Volume 64, Number 123)]
[Rules and Regulations]
[Page 34542]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28jn99-15]
[[Page 34542]]
DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR PART 100
[CGD08-99-042]
RIN 2115-AE46
Special Local Regulations; 4th of July Celebration; Ohio River Mile 469.2--470.5, Cincinnati, OH
AGENCY: Coast Guard, DOT.
ACTION: Temporary Final Rule.
SUMMARY: Special local regulations are being adopted for the 4th of July Celebration. This event will be held on July 3, 1999 from 8 p.m. until 11 p.m. at Cincinnati, Ohio along the Ohio River. These regulations are needed to provide for the safety of life on navigable waters during the event.
DATES: These regulations are effective from 8 p.m. until 11 p.m. on July 3, 1999.
ADDRESSES: Unless otherwise indicated, all documents referred to in this regulation 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:
Drafting information. The drafters of this regulation are Lieutenant Jeff Johnson, Project Officer, Chief, Port Management Department, USCG Marine Safety Office, Louisville, KY, and LTJG Michele Woodruff, Project Attorney, Eighth Coast Guard District Legal Office.
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 a fireworks display. The event is sponsored by the JACOR Events. The fireworks will be launched from a deck barge in the Ohio River at approximately mile 469.9, mid-channel. Non-participating vessels will be able to transit the area after the river is reopened.
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.
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 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.
-
A temporary Sec. 100.35-T08-041 is added to read as follows:
Sec. 100.35-T08-041 Ohio River at Cincinnati, Ohio.
(a) Regulated area. A regulated area is established on the Ohio River from mile 469.2 to 470.5.
(b) Special Local Regulation. All persons and/or vessels not registered with the sponsors as participants or official patrol vessels are considered spectators. ``Participants'' are those persons and/or 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 and/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.
(1) 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.
(2) 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.
(3) 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 date: This section is effective from 8 p.m. to 11 p.m. July 3, 1999.
Dated: June 14, 1999. Paul J. Pluta, Rear Admiral, U.S. Coast Guard Commander, Eighth Coast Guard District.
[FR Doc. 99-16364Filed6-25-99; 8:45 am]
BILLING CODE 4910-15-M
