[Federal Register Volume 64, Number 116 (Thursday, June 17, 1999)]
[Rules and Regulations]
[Pages 32409-32410]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-15442]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR PART 100
[CGD08-99-041]
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: The Coast Guard is adopting a temporary final rule for the 4th
of July Celebration. This event will be held on July 4, 1999, from 8
p.m. until 11 p.m. at Cincinnati, Ohio. This rule is necessary to
provide for the safety of life and property on navigable waters during
the event.
EFFECTIVE DATE: This temporary final rule is effective from 8 p.m.
until 11 p.m. on July 4, 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:
Drafting Information: The drafters of this document 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, no notice of proposed rulemaking
for this temporary final rule has not been published, and good cause
exists for making this rule effective less than 30 days after the date
of publication. Following normal rulemaking would be impracticable. The
details of the event were not finalized in sufficient time for us to
publish a proposed rule in advance of the event or to provide for a
delayed effective date.
Background and Purpose
The marine event requiring this temporary final rule is a fireworks
display. The event is sponsored by JACOR Events. The fireworks will be
launched from a deck barge in the Ohio River around mile 469.9, mid-
channel. Non-participating vessels will be able to transit the area
after the river is reopened.
Regulatory Evaluation
This temporary final 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, because of the event's short duration, that a
full Regulatory Evaluation under paragraph 10e of the regulatory
policies and procedures of DOT is unnecessary.
Small Entities
The Coast Guard finds that the impact on small entities, if any, is
not substantial, because of the event's short duration. Therefore, the
Coast Guard certifies under section 605(b) of the Regulatory
Flexibility Act, 5 U.S.. 601 et seq., that this temporary final rule
will not have a significant economic impact on a substantial number of
small entities.
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 temporary final rule in
accordance with the principles and criteria of Executive Order 161 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
temporary final 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, the Coast Guard amends Part 100
of Title 33, Code of Federal Regulations, as follows:
PART 100--[AMENDED]
1. The authority citation for part 100 continues to read as
follows:
Authority: 33 U.S.C. 1233 through 1236; 49 CFR 1.46 and 33 CFR
100.35
2. Add a temporary Sec. 100.35-T08-041 to read as follows:
Sec. 100.35-T08-041 Ohio River at Cincinnati, Ohio.
(a) Regulated Area: Ohio River Mile 469.2-470.5.
(b) Special Local Regulation: All persons and vessels not
registered with the sponsors as participants or official patrol vessels
are 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 vessel, or any sponsor-provided vessel, assigned to patrol
the event. The Coast Guard ``Patrol Commander'' is a commissioned,
warrant, or petty officer of the Coast Guard who has been designated by
Commanding Officer, Coast Guard Marine Safety Office, Louisville, to
act as a Patrol Commander.
(1) No vessel may anchor, block, loiter in, or impede the transit
of participants or official patrol vessels in the regulated
[[Page 32410]]
area during effective dates and times, unless cleared to enter by an
official patrol vessel.
(2) When hailed or signaled by an official patrol vessel, a
spectator shall come to an immediate stop. Vessels must comply with all
directions given; failure to do so may result in a citation.
(3) The Patrol Commander may forbid and control the movement of all
vessels in the regulated area. The Patrol Commander may terminate the
event at any time he or she deems it necessary for the protection of
life or property, and is available on VHF-FM Channel 16 by using the
call sign ``PATCOM''.
(c) Effective Date: This temporary final rule will be effective
from 8 p.m. to 11 p.m. July 4, 1999.
Dated: June 4, 1999.
Paul J. Pluta,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 99-15442 Filed 6-16-99; 8:45 am]
BILLING CODE 4910-15-M
