[Federal Register Volume 60, Number 176 (Tuesday, September 12, 1995)]
[Rules and Regulations]
[Pages 47270-47271]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-22528]
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DEPARTMENT OF TRANSPORTATION
33 CFR Part 165
[CGD02-95-015]
RIN 2115-AE84
Regulated Navigation Area; Ohio River Mile 461.0 to 462.0
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. This regulation is needed
to protest and control recreational and commercial vessel traffic
during three Jimmy Buffet concerts at the Riverbend Music Center,
Cincinnati, Ohio. This regulation will restrict general navigation in
the regulated area for the safety of recreational and commercial
vessels.
EFFECTIVE DATES: This regulation is effective between 8 p.m. and 11
p.m. EDST on September 22, 23, and 26, 1995.
FOR FURTHER INFORMATION CONTACT:
CWO Ken Smith, Operations Officer, Captain of the Port, Louisville,
Kentucky at (502) 582-5194.
SUPPLEMENTARY INFORMATION:
Drafting Information
The principal persons involved in drafting this document are Chief
Warrant Officer Ken Smith, Operations Officer for the Captain of the
Port Louisville, Kentucky, and Lieutenant S. Moody, Project Attorney,
Second Coast Guard District Legal Office, St. Louis, MO.
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.
Overriding safety concerns and short notice of scheduling of the event
made following normal rulemaking procedures impracticable. Three Jimmy
Buffet concerts at the Riverbend Music Center, an arena located on the
shores of the Ohio River, are expected to attract hundreds of
recreational vessels to the area. These shoreside concerts are not
marine events and therefore the sponsors were not required to notify
the Coast Guard of the event. As a result, the Coast Guard did not
learn of the need for vessel traffic control in time to publish a
notice of proposed rulemaking.
Background and Purpose
For the past few years Jimmy Buffet has performed annual concerts
at the
[[Page 47271]]
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 commercial traffic through the
regulated navigation zone.
Regulatory Evaluation
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). Because of the limited duration
of the restrictions, the Coast Guard expects the economic impact of
this proposal to be so minimal that a full Regulatory Evaluation under
paragraph 10e of the regulatory policies and procedures of DOT is
unnecessary.
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 amend
restrictions in the regulated area as conditions permit. Changes 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 Operations Officer, Captain of the
Port, Louisville, Kentucky at (502) 582-5194 for current information.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the
Coast Guard must consider whether this proposal will have a significant
economic impact on a substantial number of small entities. ``Small
entities'' include independently owned and operated small businesses
that are not dominant in their field and that otherwise qualify as
``small business concerns'' under section 3 of the Small Business Act
(15 U.S.C. 632).
Because the Coast Guard expects the impact of this proposal to be
minimal, the Coast Guard certifies under 5 U.S.C. 605(b) that this
regulation, if adopted, will not have a significant economic impact on
a substantial number of small entities.
Collection of Information
This rule contains no collection of information requirements under
the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).
Federalism Assessment
The Coast Guard has analyzed this regulation under the principles
and criteria contained in Executive Order 12612 and has determined that
it 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
regulation and concluded that, under section 2.B.2 of Commandant
Instruction M16475.1B, as revised by 59 FR 38654; July 29, 1994, this
regulation 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), Records and
recordkeeping, Security measures, Vessels, Waterways.
Temporary Regulation
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 citations 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, 604-6, and 160.5; 49 CFR 1.46.
2. A temporary Sec. 165.T02-064 is added to read as follows:
Sec. 165-T02-064 Regulation Navigation Area: Ohio River.
(a) Location. The Ohio River between mile 461.0 and 462.0 is
established as a regulated navigation area.
(b) Effective dates. This section is effective between 8 p.m. and
11 p.m. EDST on September 22, 23, and 26, 1995.
(c) Regulations. (1) Commercial vessels transiting the regulated
navigation area shall proceed at minimum steerage and at the direction
of 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) The Captain of the Port, Louisville, Kentucky may, upon
request, or for good cause, depending on on-scene conditions, authorize
a deviation from any regulation in this section if it is found that
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 of by Marine Safety Information Radio
Broadcast on VHF Marine Band Radio, Channel 22 (157.1 MHz).
Dated: August 30, 1995.
Paul M. Blayney,
Rear Admiral, U.S. Coast Guard Commander, Second Coast Guard District,
St. Louis, MO
[FR Doc. 95-22528 Filed 9-11-95; 8:45 am]
BILLING CODE 4910-14-M
