[Federal Register Volume 59, Number 102 (Friday, May 27, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-13087]


[[Page Unknown]]

[Federal Register: May 27, 1994]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD 09-94-007]
RIN 2115-AA97

 

Special Local Regulation; Tallship Erie 94, Lake Erie, Presque 
Isle Bay, Erie, PA

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: A special local regulation is being adopted for the marine 
event, Tallship Erie 94. This event will be held on Presque Isle Bay 
and Lake Erie, Erie, PA on July 8, 1994. The Tallship Erie 94 will have 
an estimated 15-20, 70-200 foot sailing ships, parading in a closed 
course on Lake Erie and will have an unusually large concentration of 
spectator vessels which could pose hazards to navigation in the area. 
This regulation is needed to provide for the safety of life, limb, and 
property on navigable waters during the event.

EFFECTIVE DATE: This regulation is effective at 3 p.m. (EDST) until 7 
p.m. (EDST), July 8, 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) 522-3990.

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 them 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 2, 1994, and 
there was not sufficient time remaining to a publish proposed rule in 
advance of the event or to provide for a delayed effective date.

Drafting Information

    The drafters of this regulation is Scott J. Smith, Lieutenant 
Junior Grade, U.S. Coast Guard, Project Officer, Aids to Navigation & 
Waterways Management Branch and Karen E. Lloyd, Lieutenant, U.S. Coast 
Guard, Project Attorney, Ninth Coast Guard District Legal Office.

Discussion of Regulation

    The Tallship Erie 94 will be held on Presque Isle Bay and Lake Erie 
on July 8, 1994. This regulation restricts general navigation on 
Presque Isle Bay and Erie Harbor from the Perry's Landing to Erie 
Harbor Entrance Lighted Buoy 2 (LLNR 3520). This event will have an 
estimated 15-20, 70-200 foot sailing ships, parading in a closed course 
on Lake Erie and will have an usually large concentration of spectator 
vessels which could pose hazards to navigation in the area. This 
regulation is necessary to ensure the protection of life, limb, and 
property during this event. Any vessel desiring to transit the 
regulated area may do so only with prior approval of the Patrol 
Commander (Officer in Charger, U.S. Cost Guard Station Erie, PA).
    This regulation is issued pursuant to 33 U.S.C. 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 
regulation 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 regulatin 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 Transportatin (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 
unecessary.

Collection of Information

    This regulation will impose no collection 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:

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-T0907 is added to read as follows:


Sec. 100.35--T0907  Tallship Erie 94, Presque Isle Bay, Lake Erie, 
Erie, PA.

    (a) Regulated area. That portion of Lake Erie, Presque Isle Bay 
Entrance Channel and Presque Isle Bay from: 

                                                                        
             Latitude                             Longitude             
                                                                        
42 deg.10' N.......................  080 deg.03' W, thence to           
42 deg.08.1' N.....................  080 deg.07' W, thence to           
42 deg.07.9' N.....................  080 deg.06.8' W, thence east       
Along the shoreline and structures                                      
 to:                                                                    
42 deg.09.2' N.....................  080 deg.02.6' W, thence to         
42 deg.10' N.......................  080 deg.03' 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 Erie, PA) 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 will be effective from 3 p.m. 
(EDST) until 7 p.m. (EDST) on July 8, 1994, unless otherwise terminated 
by the Coast Guard Patrol Commander (Officer in Charge, U.S. Coast 
Guard Station Erie, PA).


    Dated; May 17, 1994.
Rudy K. Peschel,
Rear Admiral, U.S. Coast Guard, Commander, Ninth Coast Guard District.
[FR Doc. 94-13087 Filed 5-26-94; 8:45 am]
BILLING CODE 4910-14-M