[Federal Register Volume 59, Number 106 (Friday, June 3, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-13539]


[[Page Unknown]]

[Federal Register: June 3, 1994]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD 09-94-006]

 

Special Local Regulation; Thomas Graves Memorial Fireworks 
Display, Lake Ontario, Port Bay, NY

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: A special local regulation is being adopted for the Thomas 
Graves Memorial Fireworks Display. This event will be held on Lake 
Ontario, Port Bay, NY on July 3, 1994 with a rain date of July 9, 1994. 
This regulation will restrict general navigation on Lake Ontario, Port 
Bay, NY. Due to the large number of spectator vessels and the falling 
ash and debris from the fireworks display, 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 from 9:30 p.m. (EDST) 
until 11 p.m. (EDST) on July 3, 1994 with a rain date of July 9, 1994.

FOR FURTHER INFORMATION CONTACT:
William A. Thibodeau, Marine Science Technician Second Class, U.S. 
Coast Guard, Aids to Navigation and 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 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 May 2, 1994, and there 
was not sufficient time remaining to publish a proposed rule in advance 
of the event or to provide for a delayed effective date.

Drafting Information

    The drafter 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 Thomas Graves Memorial Fireworks Display will be conducted on 
Lake Ontario, Port Bay, NY on July 3, 1994. This regulation will 
restrict general navigation on Lake Ontario, Port Bay Harbor, in a 500 
foot zone surrounding a barge anchored at 47 deg.17'46'' North Latitude 
and 076 deg.50'02'' West Longitude. This event will have an unusually 
large concentration of spectator vessels and falling ash and debris, 
which could pose hazards to navigation in the area. This regulation is 
necessary to ensure the protection of life, limb, and property on 
navigable waters during this event. Any vessels desiring to transit the 
regulated area may do so only with prior approval of the Patrol 
Commander (Commanding Officer, U.S. Coast Guard Station Sodus Point, 
NY).
    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 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 these regulations 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 section 100.35-T0906 is added to read as follows:


Sec. 100.35-T0906  Thomas Graves Memorial Fireworks Display, Lake 
Ontario, Port Bay, NY.

    (a) Regulated area. That portion of the Lake Ontario, Port Bay 
Harbor, Port Bay, NY a 500 ft zone surrounding a barge anchored in 
position 47 deg. 17' 46'' North Latitude and 076 deg. 50' 02'' West 
Longitude.
    (b) Special local regulation. This section restricts general 
navigation in the regulated area for the safety of spectators and 
participants. Any vessels 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 Sodus Point, 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 becomes effective from 9:30 p.m. 
(EDST) until 11 p.m. (EDST) on July 3, 1994 unless otherwise terminated 
by the Coast Guard Patrol Commander (Officer in Charge, U.S. Coast 
Guard Station Sodus Point, NY). If the date of the event is changed due 
to weather, this section will become effective at the same time on July 
9, 1994, unless the event is cancelled. Notice of change in date or 
cancellation will be provided in a Broadcast Notice to Mariners.

    Dated: May 18, 1994.
Rudy K. Peschel,
Read Admiral, U.S. Coast Guard, Commander, Ninth Coast Guard District.
[FR Doc. 94-13539 Filed 6-2-94; 8:45 am]
BILLING CODE 4910-14-M