[Federal Register Volume 59, Number 117 (Monday, June 20, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-14876]
[[Page Unknown]]
[Federal Register: June 20, 1994]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 100
[CGD 09-94-011]
RIN 2115-AE46
Special Local Regulations; Friendship Festival Air Show, Niagara
River and Buffalo Harbor, Buffalo, NY
agency: Coast Guard, DOT.
action: Temporary final rule.
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summary: A special local regulation is being adopted for the Friendship
Festival Air Show. This event will be held over the Niagara River and
Buffalo Harbor on July 2 and 3, 1994. This regulation is needed to
provide a clear area below the flight path for the air show. Due to the
large number of spectator vessels expected, this regulation is needed
to provide for the safety of life, limb, and property on navigable
waters during the event.
effective dates: This regulation becomes effective from 1 p.m. (EDST)
until 5 p.m. (EDST), each day, on July 2 and 3, 1994.
for further information contact: William A. Thibodeau, Marine Science
Technician Second Class, U.S. Coast Guard, Aids to Navigation &
Waterways Management Branch, Ninth Coast Guard District, 1240 East 9th
Street, Cleveland, Ohio 44199-2060, (216) 522-4420.
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 16, 1994, 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 regulation are Scott J. Smith, Lieutenant
Junior Grade, U.S. Coast Guard, Project Officer, Aids to Navigation &
Waterways Management Branch and J.M. Collin, Commander, U.S. Coast
Guard, Project Attorney, Ninth Coast Guard District Legal Office.
Discussion of Regulation
The Friendship Festival Air Show will be conducted over the Niagara
River and Buffalo Harbor on July 2 and 3, 1994. This regulation
restricts general navigation on the Niagara River and Buffalo Harbor
from the Peace Bridge to the West Breakwater Light (LLNR 2675) This
event will have an estimated 15, domestic and foreign, private and
military aircraft performing low flying aircraft demonstrations and
high performance aircraft aerobatics, which could pose hazards to
navigation in the area. Due to the large number of spectator vessels
expected, this regulation is needed to provide for the safety of life,
limb, and property on navigable waters during the 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 Buffalo, NY). The Black Rock Canal will remain open to vessel
traffic.
This regulation is issued pursuant to 33 U.S.C. 1225 and 1231 as
set out in the authority citation for all of Part 165.
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 federalism implications to
warrant the preparation of a Federalism Assessment.
Environment
The Coast Guard has considered the environmental impact of this
regular and concluded that, under section 2.B.2.c of Coast Guard
Commandant Instruction M16475.1B, they are categorically excluded from
further environmental documentation.
Economic Assessment and Certification
This regulation 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 regulation 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 Regulations
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 Sec. 100.35-T09011 is added to read as follows:
Sec. 100.35-T09011 Friendship Festival Air Show, Niagara River and
Buffalo Harbor, Buffalo, NY.
(a) Regulated area. That portion of the Niagara River and Buffalo
Harbor from:
Latitude Longitude
42 deg.54.4' N 078 deg.54.1' W, thence to
42 deg.54.4' N 078'54.4' W, thence along the
International Border to
42 deg.52.9' N 078 deg.54.9' W, thence to
42 deg.52.5' N 078 deg.54.3' W, thence to
42 deg.52.7' N 078 deg.53.9' W, thence to
42 deg.52.8' N 078 deg.53.8' W, thence to
42 deg.53.1' N 078 deg.53.6' W, thence to
42 deg.53.2' N 078 deg.53.6' W, thence to
42 deg.53.3' N 078 deg.53.7' W, thence along the
breakwall to
42 deg.54.4' N 078 deg.54.1' W,
(b) Special local regulation. This section restricts general
navigation in the regulated area for the safety of spectators and
participants.
(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 Buffalo, NY). 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 dates. This section will become effective from 1 p.m.
(EDST) until 5 P.M. (EDST), each day, on July 2 and 3, 1994, unless
otherwise terminated by the Coast Guard Patrol Commander (Officer in
Charge, U.S. Coast Guard Station Buffalo, NY).
Dated: June 8, 1994.
Rudy K. Peschel,
Rear Admiral, U.S. Coast Guard, Commander, Ninth Coast Guard District.
[FR Doc. 94-14876 Filed 6-17-94; 8:45 am]
BILLING CODE 4910-14-M
