[Federal Register Volume 60, Number 168 (Wednesday, August 30, 1995)]
[Rules and Regulations]
[Pages 45043-45044]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-21550]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 100
[CGD02-95-011]
RIN 2115-AE46
Special Local Regulations; Ducks on the Ohio; Ohio River Mile
792.0-793.0
AGENCY: Coast Guard, DOT.
ACTION: Temporary final rule.
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SUMMARY: A special local regulation is being adopted for the Ducks on
the Ohio which will be held on the Ohio River near Evansville, Indiana
on September 9, 1995. This regulation is needed to control vessel
traffic in the immediate vicinity of the event. The regulation will
restrict general navigation in the regulated area for the safety of
spectators, participants and through traffic.
EFFECTIVE DATE: This regulation is effective from 1 p.m. to 4 p.m.
local time on September 9, 1995.
FOR FURTHER INFORMATION CONTACT:
LCDR J.O. Jaczinski, Chief, Boating Affairs Branch, Second Coast Guard
District, 1222 Spruce Street, St. Louis, Missouri 63103-2832. The
telephone number is (314) 539-3971, fax (314) 539-2685.
SUPPLEMENTARY INFORMATION:
Drafting Information
The drafters of this regulation are LCDR J.O. Jaczinski, Project
Officer, Second Coast Guard District, Boating Safety Division, and LT
S. Moody, Project Attorney, Second Coast Guard District Legal Office.
Regulatory History
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.
Specifically, the sponsor's late submission of the regatta application
left insufficient time to publish a notice of proposed rulemaking in
advance of the scheduled event. The Coast Guard deems it to be in the
public's best interest to issue a regulation immediately.
Background and Purpose
The Ducks on the Ohio consists of a duck race. The show will begin
at 1 p.m. local time on September 9, 1995 and will end at 4 p.m. local
time. In order to provide for the safety of spectators and
participants, and for the safe passage of through traffic, the Coast
Guard will restrict vessel movement in the regulated area. The river
will be closed during part or all of the effective period to all vessel
traffic except official regatta vessels and patrol craft. These
regulations are issued pursuant to 33 U.S.C. 1233 and 33 CFR 100.35.
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 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 DOT is
unnecessary because of the event's short duration.
Federalism Asessment
The Coast Guard has analyzed this action in accordance with the
principles and criteria of Executive Order 12612 and has determined
that this regulation does not raise sufficient federalism
[[Page 45044]]
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.B.2.C of Commandant Instruction
M16475.1B (as revised by 59 FR 38654; July 29, 1994) 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:
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.T02-046 is added, to read as follows:
Sec. 100.35-T02-046 Ohio River near Evansville, Indiana
(a) Regulated area. Ohio River mile 792.0 to 793.0.
(b) Special local regulations. (1) Except for official regatta
vessels and patrol craft no person or vessel may enter or remain in the
regulated area without permission of the Patrol Commander.
(2) The Coast Guard Patrol Commander will be a commissioned or
petty officer designated by the Commanding Officer, Marine Safety
Office, Louisville, Kentucky and may be contacted, during the event, on
channel 16 (156.8 MHZ) by the call sign ``Coast Guard Patrol
Commander.'' The Patrol Commander may:
(i) Direct the anchoring, mooring, or movement of any vessel within
the regulated area,
(ii) Restrict vessel operation within the regulated area to vessels
having particular operating characteristics,
(iii) Terminate the marine event or the operation of any vessel
when necessary for the protection of life and property, and
(iv) Allow vessels to transit the regulated area whenever an event
is not being conducted and the transit can be completed.
(3) Coast Guard commissioned or petty officers will patrol the
event on board patrol vessels which display the Coast Guard Ensign. If
radio or other voice communications are not available to communicate
with a vessel, they will use a series of sharp, short blasts by whistle
or horn to signal the operator of any vessel in the vicinity of the
regulated area to stop. When signaled, the operator of any vessel in
the immediate vicinity of the regulated area shall stop the vessel
immediately and shall proceed as directed.
(4) Vessels desiring to transit the regulated area may do so only
with the prior approval and direction of the Patrol Commander.
(5) The Patrol Commander will terminate enforcement of this section
at the conclusion of the marine event if earlier than the announced
termination time.
(c) Effective date. This section is effective from 1 p.m. to 4 p.m.
local time on September 9, 1995.
Dated: August 17, 1995.
Paul M. Blayney,
Rear Admiral, U.S. Coast Guard, Commander, Second Coast Guard District.
[FR Doc. 95-21550 Filed 8-29-95; 8:45 am]
BILLING CODE 4910-14-M
