[Federal Register Volume 59, Number 141 (Monday, July 25, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-17944]


[[Page Unknown]]

[Federal Register: July 25, 1994]


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

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD 09-94-018]

 

Special Local Regulation; Venetian Festival Yacht Parade, Round 
Lake, Charlevoix, MI

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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

SUMMARY: A special local regulation is being adopted for the marine 
event, Venetian Festival Yacht Parade. This event will be held on Round 
Lake, Charlevoix, MI on July 23, 1994. The Venetian Festival Yacht 
Parade will have an estimated 25 power and sailboats, parading in a 
closed course on Round Lake 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 8 p.m. (EDST) until 
midnight (EDST), July 23, 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 June 3, 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 Karen E. Lloyd, Lieutenant, U.S. Coast 
Guard, Project Attorney, Ninth Coast Guard District Legal Office.

Discussion of Regulation

    The Venetian Festival Yacht Parade will be held on Round Lake, 
Charlevoix, MI, on July 23, 1994. This regulation restricts general 
navigation on Round Lake and the upper and lower portions of the Pine 
River. This event will have an estimated 25 power and sailboats, 
parading in a closed course on Round Lake 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 Charlevoix, MI).
    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

    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, it is 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:
    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-T09018 is added to read as follows:


Sec. 100.35-T09018  Venetian Festival Yacht Parade, Round Lake, 
Charlevoix, MI.

    (a) Regulated area. That portion of the upper and lower section of 
the Pine River, to include Round Lake, from:


Latitude                             Longitude                          
                                                                        
45 deg. 19.3' N                      085 deg. 15.9' W,                  
(North Pierhead Light, LLNR 17920) thence to                            
                                                                        
45 deg. 18.9' N                      085 deg. 14.7' W,                  
(Pine River Light 3, LLNR 17945) thence to                              
                                                                        
45 deg. 18.8' N                      085 deg. 14.7' W,                  
(Pine River Channel Lighted Buoy 2, LLNR 17950) thence to               
                                                                        
45 deg. 19' N                        085 deg. 15.9' W,                  
(South Pierhead Light, LLNR 17925) thence to                            
                                                                        
45 deg. 19.3' N                      085 deg. 15.9' 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 Charlevoix, MI). 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 is effective from 8 p.m. (EDST) 
until midnight (EDST) on July 23, 1994, unless otherwise terminated by 
the Coast Guard Patrol Commander (Officer in Charge, U.S. Coast Guard 
Station Charlevoix, MI).

    Dated: July 11, 1994.
Rudy K. Peschel,
Rear Admiral, U.S. Coast Guard Commander, Ninth Coast Guard District.
[FR Doc. 94-17944 Filed 7-22-94; 8:45 am]
BILLING CODE 4910-14-M