[Federal Register Volume 59, Number 160 (Friday, August 19, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-20366]


[[Page Unknown]]

[Federal Register: August 19, 1994]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD 09-94-026]
RIN 2115-AE46

 

Special Local Regulation; We Love Erie Days Fireworks, Lake Erie, 
Erie Harbor, Erie, PA

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: A special local regulation is being adopted for the We Love 
Erie Days Fireworks display. This event will be held on Lake Erie, Erie 
Harbor, Erie, PA on August 21, 1994. 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. This 
regulation will restrict general navigation on Lake Erie, Erie Harbor, 
Erie, PA.

EFFECTIVE DATE: This regulation is effective from 9 p.m. (EDST) until 
11 p.m. (EDST) on August 21, 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 July 15, 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 We Love Erie Days Fireworks display will be conducted on Lake 
Erie, Erie Harbor, Erie, PA on August 21, 1994. This regulation will 
restrict general navigation on Lake Erie, Erie Harbor, in a 300 foot 
circular zone, surrounding the Erie Sand and Gravel Pier. 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 (Officer in Charge, U.S. Coast Guard 
Station Erie, PA).
    This regulation is issued pursuant to 33 U.S.C. 1225 and 1231 as 
set out in the authority citation for all of 33 CFR 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, 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:

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-T09026 is added to read as follows:


Sec. 100.35-T09026  We Love Erie Days Fireworks, Lake Erie, Erie 
Harbor, Erie, PA.

    (a) Regulated area. That portion of Lake Erie, Erie Harbor, in a 
300 foot circular zone, surrounding the Erie Sand and Gravel Pier, 
located in position 42 deg.08'16'' North Latitude and 080 deg.05'40'' 
West Longitude.
    (b) Special local regulation. This regulation 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 Erie, PA). 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 be effective from 9 p.m. 
(EDST) until 11 p.m. (EDST) on August 21, 1994 unless otherwise 
terminated by the Coast Guard Patrol Commander (Officer in Charge, U.S. 
Coast Guard Station Erie, PA).

    Dated: August 9, 1994.
Rudy K. Peschel,
Rear Admiral, U.S. Coast Guard Commander, Ninth Coast Guard District.
[FR Doc. 94-20366 Filed 8-18-94; 8:45 am]
BILLING CODE 4910-14-M