95-21560. Special Local Regulation; NFBRA Red Dog Kilo Time Trials, Niagara River, Tonawanda, NY  

  • [Federal Register Volume 60, Number 168 (Wednesday, August 30, 1995)]
    [Rules and Regulations]
    [Pages 45045-45046]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 95-21560]
    
    
    
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    DEPARTMENT OF TRANSPORTATION
    33 CFR Part 100
    
    [CGD 09-95-025]
    
    
    Special Local Regulation; NFBRA Red Dog Kilo Time Trials, Niagara 
    River, Tonawanda, NY
    
    AGENCY: Coast Guard, DOT.
    
    ACTION: Temporary rule.
    
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    SUMMARY: A special local regulation is being adopted for the NFBRA Red 
    Dog Kilo Time Trials. This event will be held on the Niagara River, 
    Tonawanda, NY, on September 23, 1995. The NFBRA Red Dog Kilo Time 
    Trials will have an estimated 40-45 offshore race boats racing a closed 
    course race on the Niagara River, Tonawanda Channel, which could pose 
    hazards to navigation in the area. This regulation will restrict 
    general navigation on the Niagara River, Tonawanda Channel, between 
    Tonawanda Channel Buoy 31 to approximately \1/2\ mile southwest of 
    Twomile Creek, 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 10:30 a.m. until 5 
    p.m. September 23, 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 August 7, 1995, and 
    there was not sufficient time remaining to publish a proposed final 
    rule in advance of the event. The Coast Guard has decided to proceed 
    with a temporary rule for this year's event and publish a NPRM, as part 
    of the Great Lakes annual marine events list, prior to next year's 
    event.
    
    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 Charles D. 
    Dahill, Project Attorney, Ninth Coast Guard District Legal Office.
    
    Discussion of Regulation
    
        The NFBRA Red Dog Kilo Time Trials will be held on the Niagara 
    River, Tonawanda Channel, Tonawanda, NY on September 23, 1995. This 
    event will have an estimated 40-45 offshore race boats racing a closed 
    course race on the Niagara River, Tonawanda Channel, which could pose 
    hazards to navigation in the area. The effect of this regulation will 
    be to restrict general navigation on the Niagara River, Tonawanda 
    Channel, between Tonawanda Channel Buoy 31 to approximately \1/2\ mile 
    southwest of Twomile Creek, 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 Buffalo, NY).
        This regulation 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 federalism implications to 
    warrant the preparation of a Federalism Assessment.
    
    Environment
    
        The Coast Guard is conducting an environmental analysis for this 
    event pursuant to section 2.B.2.c of Coast Guard Commandant Instruction 
    
    
    [[Page 45046]]
    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 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 Regulation
    
        In consideration of the foregoing, part 100 of Title 33, Code of 
    Federal Regulations, is amended as follows:
        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 T09-025 is added to read as follows:
    
    
    Sec. 100.35 T09-025  NFBRA Red Dog Kilo Time Trials, Niagara River, 
    Tonawanda, NY
    
        (a) Regulated area. That portion of the Niagara River, Tonawanda 
    Channel, between Tonawanda Channel Buoy 31 to approximately \1/2\mile 
    southwest of Twomile Creek along a line drawn from 43 deg.00'45'' N 
    078 deg.55'06'' W to 43 deg.00'28'' N 078 deg.54'56'' W (Sipco Oil 
    Company). (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 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 date: This section is effective from 10:30 a.m. until 
    5 p.m. on September 23, 1995, unless extended or terminated sooner by 
    the Coast Guard Group Commander Buffalo, NY.
    
        Dated: August 17, 1995.
    Paul J. Pluta,
    Captain, U.S. Coast Guard, Commander, Ninth Coast Guard District 
    Acting.
    [FR Doc. 95-21560 Filed 8-29-95; 8:45 am]
    BILLING CODE 4910-14-M
    
    

Document Information

Effective Date:
9/23/1995
Published:
08/30/1995
Department:
Transportation Department
Entry Type:
Rule
Action:
Temporary rule.
Document Number:
95-21560
Dates:
This regulation is effective from 10:30 a.m. until 5 p.m. September 23, 1995.
Pages:
45045-45046 (2 pages)
Docket Numbers:
CGD 09-95-025
PDF File:
95-21560.pdf
CFR: (1)
33 CFR 100.35