[Federal Register Volume 60, Number 102 (Friday, May 26, 1995)]
[Rules and Regulations]
[Pages 27886-27887]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-13028]
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DEPARTMENT OF TRANSPORTATION
33 CFR Part 100
[CGD 09-95-010]
Special Local Regulation; Geneva Offshore Grand Prix, Lake Erie,
Geneva-on-the-Lake, OH
AGENCY: Coast Guard, DOT.
ACTION: Temporary final rule.
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SUMMARY: A special local regulation is being adopted for the Geneva
Offshore Grand Prix. This event will be held on Lake Erie, Geneva-on-
the-Lake, OH, on May 28, 1995. The Geneva Offshore Grand Prix will have
an estimated 35 offshore race boats racing a closed course race on Lake
Erie which could pose hazards to navigation in the area. This
regulation will restrict general navigation on Lake Erie between Cowles
Creek and the Redbrook Boat Club and is needed to provide for the
safety of life, limb, and property on navigable waters during the
event.
EFFECTIVE DATE: This regulation is effective from 11 a.m. (EDST) until
3 p.m. (EDST) on May 28, 1995.
FOR FURTHER INFORMATION CONTACT:
Marine Science Technician Second Class Jeffrey M. Yunker, Ninth Coast
Guard District, Aids to Navigation and Waterways Management Branch,
Room 2083, 1240 East Ninth Street, Cleveland, Ohio, 44199-2060, (216)
522-3990.
SUPPLEMENTARY INFORMATION: In accordance with 5 U.S.C. 553, a Notice of
Proposed Rulemaking has not been published for this regulation and good
cause exists for making it effective in less than 30 days from the date
of publication. Following normal rulemaking procedures would have been
impracticable. The application to hold this event was not received by
the Commander, Ninth Coast Guard District, until May 4, 1995, and there
was not sufficient time remaining to publish a proposed rule in advance
of the event or to provide for a delayed effective date.
Drafting Information
The drafters of this notice are Lieutenant Junior Grade Byron D.
Willeford, Project Officer, Ninth Coast Guard District, Aids to
Navigation and Waterways Management Branch, and Lieutenant Karen E.
Lloyd, Project Attorney, Ninth Coast Guard District Legal Office.
Discussion of Regulation
The Geneva Offshore Grand Prix will be held on Lake Erie between
Cowles Creek and the Redbrook Boat Club on May 28, 1995. This event
will have an estimated 35 offshore race boats racing a closed course
race on Lake Erie which could pose hazards to navigation in the area.
The effect of this rule will be to restrict general navigation on that
portion of Lake Erie, in an area rectangular in shape, from the mouth
of Cowles Creek, west along the shoreline approximately 4.4 statute
miles, extending offshore approximately 0.7 statute miles, for the
safety of spectators and participants. This regulation is necessary to
ensure the protection of life, limb, and property on navigable waters
during this event. Any vessel desiring to transit the regulated area
may do so only with prior approval of the Patrol Commander (Officer in
Charge, U.S. Coast Guard Station Ashtabula, OH).
This rule is issued pursuant to 33 U.S.C. 1233 as set out in the
authority citation for all of Part 100.
Federalism Implications
This action has been analyzed in accordance with the principles and
criteria contained in Executive Order 12612, and it has been determined
that the rulemaking does not have sufficient [[Page 27887]] federalism
implications to warrant the preparation of a Federalism Assessment.
Environment
The Coast Guard is conducting an environmental analysis for this
event in accordance with section 2.B.2.c of Coast Guard Commandant
Instruction M16475.1B, and the Coast Guard Notice of final agency
procedures and policy for categorical exclusions found at (59 FR 38654;
July 29, 1994).
Economic Assessment and Certification
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
regulation to be so minimal that a full Regulatory Evaluation under
paragraph 10e of the regulatory policies and procedures of the DOT is
unnecessary.
Collection of Information
This rule will impose no collection of information requirements
under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
Temporary Regulation
In consideration of the foregoing, Part 100 of Title 33, Code of
Federal Regulations, is amended as follows:
PART 100--[AMENDED]
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-T09-010 is added to read as follows:
Sec. 100.35--T09-010 Geneva Offshore Grand Prix, Lake Erie, Geneva-on-
the-Lake, OH.
(a) Regulated Area: That portion of Lake Erie from:
Latitude Longitude
41 deg.51.5'N 080 deg.58.2'W, thence to
41 deg.52.4'N 080 deg.53.4'W, thence to
41 deg.53'N 080 deg.53.4'W, thence to
41 deg.52.2'N 080 deg.58.2'W, thence to
41 deg.51.5'N 080 deg.58.2'W.
Datum: NAD 83
(b) Special local regulation: This section restricts general
navigation in the regulated area for the safety of spectators and
participants. Any vessel desiring to transit the regulated area may do
so only with prior approval of the Patrol Commander.
(c) Patrol Commander: (1) The Coast Guard will patrol the regulated
area under the direction of a designated Coast Guard Patrol Commander
(Officer in Charge, U.S. Coast Guard Station Ashtabula, OH). The Patrol
Commander may be contacted on channel 16 (156.8 MHZ) by the call sign
``Coast Guard Patrol Commander.''
(2) The Patrol Commander may direct the anchoring, mooring, or
movement of any boat or vessel within the regulated area. A succession
of sharp, short signals by whistle or horn from vessels patrolling the
area under the direction of the U.S. Coast Guard Patrol Commander shall
serve as a signal to stop. Any vessel so signaled shall stop and shall
comply with the orders of the Patrol Commander. Failure to do so may
result in expulsion from the area, citation for failure to comply, or
both.
(3) The Patrol Commander may establish vessel size and speed
limitations and operating conditions.
(4) The Patrol Commander may restrict vessel operation within the
regulated area to vessels having particular operating characteristics.
(5) The Patrol Commander may terminate the marine event or the
operation of any vessel at any time it is deemed necessary for the
protection of life, limb, or property.
(6) All persons in the area shall comply with the orders of the
Coast Guard Patrol Commander.
(d) Effective Date: This section is effective from 11 a.m. (estd)
until 3 p.m. (edst) on May 28, 1995, unless otherwise terminated by the
Coast Guard Patrol Commander (Officer in Charge, U.S. Coast Guard
Station Ashtabula, OH).
Dated: May 16, 1995.
Rudy K. Peschel,
Rear Admiral, U.S. Coast Guard, Commander, Ninth Coast Guard District.
[FR Doc. 95-13028 Filed 5-25-95; 8:45 am]
BILLING CODE 4910-14-M
