[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: 94-14877]


[[Page Unknown]]

[Federal Register: June 20, 1994]


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DEPARTMENT OF TRANSPORTATION
33 CFR Part 100

[CGD 09-94-013]
RIN 2115-AE46

 

Special Local Regulation; Port Clinton Offshore Grand Prix, Lake 
Erie, Port Clinton, OH

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: A special local regulation is being adopted for the marine 
event, Port Clinton Offshore Grand Prix. This event will be held on 
Lake Erie, Port Clinton, OH on July 9, 1994. The Port Clinton Offshore 
Grand Prix will have an estimated 35 offshore power boats, racing in a 
closed course on western lake Erie which could pose hazards to 
navigation in the area. This regulation restricts vessel traffic in the 
area and 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 11:30 a.m. (EDST) until 
2:30 p.m. (EDST), July 9, 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 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 20, 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 Port Clinton Offshore Grand Prix will be held on Lake Erie on 
July 9, 1994. This regulation restricts general navigation on Lake Erie 
from the East Pierhead Light 1 (LLNR 5870), Port Clinton, OH to The 
Colony Club Harbor, Catawba Island, OH. This event will have an 
estimated 35 offshore Power boats, racing in a closed course on western 
Lake Erie 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 Charge, U.S. Coast Guard Station Marblehead, OH).
    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 
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 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 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 100.35 T09013 is added to read as follows:


Sec. 100.35--T09013  Port Clinton Offshore Grand Prix, Lake Erie, Port 
Clinton, OH.

    (a) Regulated area. That portion of western Lake Erie:


Latitude                             Longitude                          
41 deg.31.2' N                       082 deg. 56.1' W, thence           
along the shoreline structures to                                       
41 deg.33.3' N                       082 deg. 51.3' W, thence to        
41 deg.33.3' N                       082 deg. 52.8' W, thence to        
41 deg.31.2' N                       082 deg. 56.1' W.                  
                                                                        

    (b) Special local regulation:  This regulation restricts general 
navigation in the regulated area for the safety of spectators and 
participants. Any vessel 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 Marblehead, OH). 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 on 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 11:30 
A.M. (EDST) until 2:30 P.M. (EDST) on July 9, 1994, unless otherwise 
terminated by the Coast Guard Patrol Commander (Officer in Charge, U.S. 
Coast Guard Station Marblehead, OH).

    Dated: June 9, 1994.
Rudy K. Peschel,
Rear Admiral, U.S. Coast Guard, Commander, Ninth Coast Guard District.
[FR Doc. 94-14877 Filed 6-17-94; 8:45 am]
BILLING CODE 4910-14-M