[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: 94-14876]


[[Page Unknown]]

[Federal Register: June 20, 1994]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD 09-94-011]
RIN 2115-AE46

 

Special Local Regulations; Friendship Festival Air Show, Niagara 
River and Buffalo Harbor, Buffalo, NY

agency: Coast Guard, DOT.

action: Temporary final rule.

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summary: A special local regulation is being adopted for the Friendship 
Festival Air Show. This event will be held over the Niagara River and 
Buffalo Harbor on July 2 and 3, 1994. This regulation is needed to 
provide a clear area below the flight path for the air show. Due to the 
large number of spectator vessels expected, this regulation is needed 
to provide for the safety of life, limb, and property on navigable 
waters during the event.

effective dates: This regulation becomes effective from 1 p.m. (EDST) 
until 5 p.m. (EDST), each day, on July 2 and 3, 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) 522-4420.

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 16, 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 drafters of this regulation are Scott J. Smith, Lieutenant 
Junior Grade, U.S. Coast Guard, Project Officer, Aids to Navigation & 
Waterways Management Branch and J.M. Collin, Commander, U.S. Coast 
Guard, Project Attorney, Ninth Coast Guard District Legal Office.

Discussion of Regulation

    The Friendship Festival Air Show will be conducted over the Niagara 
River and Buffalo Harbor on July 2 and 3, 1994. This regulation 
restricts general navigation on the Niagara River and Buffalo Harbor 
from the Peace Bridge to the West Breakwater Light (LLNR 2675) This 
event will have an estimated 15, domestic and foreign, private and 
military aircraft performing low flying aircraft demonstrations and 
high performance aircraft aerobatics, which could pose hazards to 
navigation in the area. Due to the large number of spectator vessels 
expected, this regulation is needed to provide for the safety of life, 
limb, and property on navigable waters during the 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). The Black Rock Canal will remain open to vessel 
traffic.
    This regulation is issued pursuant to 33 U.S.C. 1225 and 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 
regular 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 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 Regulations

    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-T09011 is added to read as follows:


Sec. 100.35-T09011  Friendship Festival Air Show, Niagara River and 
Buffalo Harbor, Buffalo, NY.

    (a) Regulated area. That portion of the Niagara River and Buffalo 
Harbor from:


Latitude                             Longitude                          
                                                                        
42 deg.54.4' N                       078 deg.54.1' W, thence to         
42 deg.54.4' N                       078'54.4' W, thence along the      
                                      International Border to           
42 deg.52.9' N                       078 deg.54.9' W, thence to         
42 deg.52.5' N                       078 deg.54.3' W, thence to         
42 deg.52.7' N                       078 deg.53.9' W, thence to         
42 deg.52.8' N                       078 deg.53.8' W, thence to         
42 deg.53.1' N                       078 deg.53.6' W, thence to         
42 deg.53.2' N                       078 deg.53.6' W, thence to         
42 deg.53.3' N                       078 deg.53.7' W, thence along the  
                                      breakwall to                      
42 deg.54.4' N                       078 deg.54.1' 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 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 dates. This section will become effective from 1 p.m. 
(EDST) until 5 P.M. (EDST), each day, on July 2 and 3, 1994, unless 
otherwise terminated by the Coast Guard Patrol Commander (Officer in 
Charge, U.S. Coast Guard Station Buffalo, NY).

    Dated: June 8, 1994.
Rudy K. Peschel,
Rear Admiral, U.S. Coast Guard, Commander, Ninth Coast Guard District.
[FR Doc. 94-14876 Filed 6-17-94; 8:45 am]
BILLING CODE 4910-14-M