[Federal Register Volume 63, Number 133 (Monday, July 13, 1998)]
[Rules and Regulations]
[Pages 37492-37493]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-18557]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 165
[CGD08-98-038]
RIN 2115-AE84
Regulated Navigation Area; Ohio River, Mile 461.0-462.0,
Cincinnati, OH
AGENCY: Coast Guard, DOT.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a regulated navigation area on
the Ohio River from mile 461.0 to mile 462.0. These regulations are
needed to protect and control recreation and commercial vessel traffic
during two concerts by musician Jimmy Buffet at the Riverbend Music
Center, Cincinnati, Ohio. These regulations will restrict general
navigation in the regulated area for the safety of recreational and
commercial vessels.
DATES: These regulations are effective from 8 p.m. until 11:30 p.m. on
July 24 and 25, 1998.
ADDRESSES: Unless otherwise indicated, all documents referred to in
these regulations 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, Kentucky at (502) 582-5194, ext. 39.
SUPPLEMENTARY INFORMATION:
Drafting Information: The drafters of this regulation are
Lieutenant Jeff Johnson, Port Management Officer for the Captain of the
Port of Louisville, Kentucky, and Lieutenant Junior Grade Michael A.
Woodruff, Project Attorney, Eighth Coast Guard District, New Orleans,
LA.
Regulatory History
In accordance with 5 U.S.C. 553, a notice of proposed rulemaking
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
For the past few years performance artist Jimmy Buffet has
performed annual concerts at the Riverbend Music Center and over that
period of time the concerts have increased in popularity. In the last
few years, this particular concert series has attracted an increasingly
large number of spectator craft, posing a significant hazard to
navigation. This increased number of vessels has contributed to an
unusually high number of close calls between spectator craft and
commercial traffic. The purpose of this regulation is to establish
navigation and operating restrictions which will serve to separate
recreational vessels from commercial vessel traffic, and if needed, to
escort
[[Page 37493]]
commercial traffic through the regulated navigation zone.
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 sections 6(a)(3) of that order. Its
has not been reviewed 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 CFR 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.
To avoid any unnecessary adverse economic impact on businesses
which use the river for commercial purposes, Captain of the Port,
Louisville, Kentucky will monitor river conditions and will ease
restrictions in the regulated area as conditions permit. Change will be
announced by Marine Safety Information Radio Broadcast (Broadcast
Notice to Mariners) on VHF marine band radio, channel 22 (157.1 MHZ).
Mariners may also call the Port Management Officer, Captain of the
Port, Louisville, Kentucky at (502) 582-5194 for current information.
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)(g) of Commandant
Instruction M16475.1C, this rule is categorically excluded from further
environmental documentation as an action required to protect public
safety.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Vessels, Waterways.
Temporary Regulations
In consideration of the foregoing, Subpart F of Part 165 of Title
33, Code of Federal Regulations, is amended as follows:
PART 165--[AMENDED]
1. The authority citation for part 165 continues to read as
follows:
Authority: 33 U.S.C. 1231; 50 U.S.C.191; 33 CFR 1.05-1(g), 6.04-
1, 6.04-6, and 160.5; 49 CFR 1.46.
2. A temporary Sec. 165-T08-038 is added to read as follows:
Sec. 100-T08-038 Regulated navigation area: Ohio River.
(a) Location. The Ohio River between mile 461.0 and 462.0 is
established as a regulated navigation area.
(b) Regulations. (1) Commercial vessels transiting the regulated
navigation area shall proceed at minimum steerage and at the direction
of the Coast Guard officers or petty officers who will be patrolling
the regulated area on board Coast Guard vessels.
(2) Recreational vessels within the area shall not anchor or moor
in the navigable channel.
(3) Depending on on-scene conditions, the Captain of the Port,
Louisville, Kentucky, upon request, or for good cause, may authorize
deviation from this section if the Captain of the Port, Louisville,
Kentucky, finds that the proposed or needed operations can be performed
safely.
(4) The Captain of the Port, Louisville, Kentucky will notify the
maritime community of river conditions affecting the area covered by
this regulated navigation area by Marine Safety Information Radio
Broadcast on VHF Marine Band Radio, Channel 22 (157.1 MHZ).
(c) Effective date: This section will be effective from 8 p.m. to
11:30 p.m. on July 24 and 25, 1998.
Dated: June 25, 1998.
Paul J. Fluta,
Rear Admiral, U.S. Coast Guard Commander, Eighth Coast Guard District.
[FR Doc. 98-18557 Filed 7-10-98; 8:45 am]
BILLING CODE 4910-15-M
