[Federal Register Volume 59, Number 117 (Monday, June 20, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-14875]


[[Page Unknown]]

[Federal Register: June 20, 1994]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD 09-94-010]
RIN 2115-AA97

 

Special Local Regulation; Thunder on the Water, Niagara River, 
Tonawanda, NY

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard is considering a proposal to establish a 
special local regulation for the Marine Event, Thunder on the Water. 
This event will be held on the Niagara River, Tonawanda Channel, 
Tonawanda, NY from 10 a.m. (EDST) until 6 p.m. (EDST) on August 27, 
1994 and from 11 a.m. (EDST) until 6 p.m. and August 28, 1994. This 
event will have an estimated 70 inboard hydroplanes and runabouts, 
racing a closed course race on the Niagara River, Tonawanda Channel 
which could pose hazards to navigation in the area. A special local 
regulation which would restrict vessel traffic in the area is necessary 
to ensure the safety of life, limb and property on portions of the 
Niagara River, Tonawanda Channel during this event.

DATES: Comments must be received on or before August 4, 1994.

ADDRESSES: Comments should be mailed to Commander (oan), Ninth Coast 
Guard District, 1240 East 9th Street, Cleveland, Ohio 44199-2060. The 
comments will be available for inspection and copying at the Aids to 
Navigation and Waterways Management Branch, Room 2083, 1240 East 9th 
Street, Cleveland, Ohio. Normal office hours are between 8 a.m. and 4 
p.m. (EDT), Monday through Friday, except holidays. Comments may also 
be hand delivered to this address.

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: Interested persons are invited to 
participate in this proposed rulemaking by submitting written views, 
data or arguments. Persons submitting comments should include their 
names and addresses, identify this notice (CGD 09-94-10) and the 
specific section of the proposal to which their comments apply, and 
give reasons for each comment. Receipt of comments will be acknowledged 
if a stamped, self-addressed postcard or envelope is enclosed. The 
rules may be changed in light of comments received. All comments 
received before the expiration of the comment period will be considered 
before final action is taken on this proposal. A 45 day comment period 
is used instead of the preferred 60 day period to unable the Coast 
Guard to publish a Final Rule within 30 days of the event date. It has 
been determined that a 45 day comment period is sufficient to allow 
interested persons to submit comments on this event. No public hearing 
is planned, but one may be held if written requests for a hearing are 
received and it is determined that the opportunity to make oral 
presentations will aid the rulemaking process.

Drafting Information

    The drafter of this Notice of proposed rulemaking is Scott J. 
Smith, Lieutenant Junior Grade, U.S. Coast Guard, Project Officer, Aids 
to Navigation & Waterways Management Branch.

Discussion of proposed regulations

    The Thunder on the Water will be conducted on the Niagara River, 
Tonawanda Channel, between the South Grand Island Bridge and Tonawanda 
Island, on August 27, and 28, 1994. This event will have an estimated 
70 inboard hydroplanes and runabouts racing in a closed race course, 
oval in shape, approximately 0.5 nautical miles long, 0.25 nautical 
miles wide, running northeast/southwest in the Tonawanda Channel which 
could pose hazards to navigation in the area. In order to provide for 
the safety of life, limb and property, the Coast Guard is considering a 
proposal to regulate vessel traffic within this section of the Niagara 
River, Tonawada Channel. Commercial vessels desiring to transit the 
regulated area shall provide prior notification to the Coast Guard 
Patrol Commander. Any vessels desiring to transit the regulated area 
may do so only with prior approval of the Coast Guard Patrol Commander 
(Officer in Charge, U.S. Coast Guard Station Buffalo, NY).
    This proposed 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 principles and 
criteria contained in Executive Order 12612, and it has been determined 
that the proposed 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 
proposed 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 proposed 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 proposed 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.

Proposed Regulation

    In consideration of the foregoing, the Coast Guard proposes to 
amend Part 100 of Title 33, Code of Federal Regulations 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 section 100.35-T09010 is added to read as follows:


Sec. 100.35-T09010  Thunder on the Water, Niagara River, Tonawanda, NY.

    (a) Regulated area. That portion of the Niagara River, Tonawanda 
Channel enclosed by:

                                                                        
              Latitude                            Longitude             
                                                                        
43 deg. 00.4' N....................  078 deg. 54.9' W, to               
43 deg. 01.2' N....................  078 deg. 53.2' W, to               
43 deg. 01.2' N....................  078 deg. 53.8' W, to               
43 deg. 00.7' N....................  078 deg. 55.2' W, thence to        
43 deg. 00.4' N....................  078 deg. 54.9' W.                  
                                                                        

    (b) Special local regulation. Commercial vessels desiring to 
transit the regulated area shall provide prior notification to the 
Coast Guard Patrol Commander. Any vessels desiring to transit the 
regulated area may do so only with prior approval of the Coast Guard 
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 will become effective from 10 a.m. 
(EDST) until 6 p.m. (EDST), on August 27, 1994, and from 11 a.m. (EDST) 
until 6 p.m. on August 28, 1994, unless otherwise terminated by the 
Coast Guard Patrol Commander (Officer in Charge, U.S. Coast Guard 
Station Buffalo, NY).

    Dated: June 2, 1994.
Rudy K. Peschel,
Rear Admiral, U.S. Coast Guard, Commander, Ninth Coast Guard District.
[FR Doc. 94-14875 Filed 6-17-94; 8:45 am]
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