Regattas and marine parades: Rising Sun Regatta Inboard Hydroplane Races,


[Federal Register: September 14, 1998 (Volume 63, Number 177)]

[Rules and Regulations]

[Page 49004-49005]

From the Federal Register Online via GPO Access []


[[Page 49004]]


Coast Guard

33 CFR PART 100


Special Local Regulations; Rising Sun Regatta, Ohio River Mile 505.0-507.0, Rising Sun, IN

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

SUMMARY: Special local regulations are being adopted for the Rising Sun Regatta Inboard Hydroplane Races. This event will be held on September 12 & 13, 1998 from 12 p.m. until 6 p.m. at Rising Sun, Indiana. If the event is cancelled due to weather this rule will be effective from 12 p.m. until 6 p.m., on September 26 & 27, 1998. These regulations are needed to provide for the safety of life on navigable waters during the event.

EFFECTIVE DATE: These regulations are effective from 12 p.m. until 6 p.m., on September 12 and 13, 1998.

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, Rm 360, Louisville, KY 40202-2230.

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


Drafting Information. The drafters of this regulation are Lieutenant Jeff Johnson, Project Officer, Chief, Port Management Department, UACG Marine Safety Office, Louisville, KY, and LTJG M. 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 in the Federal Regulation. Following normal rule making procedures would be impracticable. The details of the event 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 series of high speed hydroplane boat races. The event is sponsored by the Community Heritage Promotions. The course to be followed by the race participants will be marked by precisely placed marker buoys, mid-channel of the Ohio River, between river miles 505.0-507.0. Commercial vessels will be permitted to transit the area every three hours.

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. It has been exempted from review 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 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, and commercial vessel transit schedule stated above.

Small Entities

The Coast Guard finds that the impact, if any, on small entities 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 commercial vessel transit schedule stated above.

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 M16465.1C, 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:


  1. 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.

  2. A temporary section 100.35-T08-051 is added to read as follows:

    Sec. 100.35-T08-051 Ohio River at Rising Sun, Indiana.

    (a) Regulated Area: A regulated area is established between mile 505.0 and 507.0 of the Ohio River.

    (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 12 p.m. until 6 p.m. on September 12 & 13, 1998. If this event is canceled due to weather, this section is effective from 12 p.m. until 6 p.m., on September 26 & 27, 1998.

    [[Page 49005]]

    Dated: August 21, 1998. Paul J. Pluta, Rear Admiral, U.S. Coast Guard Commander, Eighth Coast Guard District.

    [FR Doc. 98-24423Filed9-11-98; 8:45 am]

    BILLING CODE 4910-15-M