[Federal Register Volume 60, Number 119 (Wednesday, June 21, 1995)]
[Rules and Regulations]
[Pages 32264-32265]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-15226]



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DEPARTMENT OF TRANSPORTATION
33 CFR Part 100

[CGD 09-95-012]
RIN 2115-AE46


Special Local Regulation; Thomas Graves Memorial Fireworks 
Display, Lake Ontario, Port Bay, NY

AGENCY: Coast Guard, DOT.

ACTION: Temporary rule.

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SUMMARY: A special local regulation is being adopted for the Thomas 
Graves Memorial Fireworks Display. This event [[Page 32265]] will be 
held on Lake Ontario, Port Bay, NY on July 3, 1995, with a rain date of 
July 8, 1995. This regulation will restrict general navigation on Lake 
Ontario, Port Bay, NY. 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.

EFFECTIVE DATE: This regulation is effective from 9 p.m. through 11 
p.m. on July 3, 1995. In case of inclement weather, this regulation 
will be effective on the rain date of July 8, 1995, at the same times.

FOR FURTHER INFORMATION CONTACT:
Marine Science Technician Second Class Jeffrey M. Yunker, Ninth Coast 
Guard District, Aids to Navigation and Waterways Management Branch, 
Room 2083, 1240 East Ninth 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 10, 1995, and 
there was not sufficient time remaining to publish a proposed final 
rule in advance of the event. The Coast Guard has decided to proceed 
with a temporary rule for this year's event and publish a NPRM, as part 
of the Great Lakes annual marine events list, prior to next year's 
event.

Drafting Information

    The drafters of this notice are Lieutenant Junior Grade Byron D. 
Willeford, Project Officer, Ninth Coast Guard District, Aids to 
Navigation and Waterways Management Branch, and Lieutenant Charles D. 
Dahill, Project Attorney, Ninth Coast Guard District Legal Office.

Discussion of Regulation

    The Thomas Graves Memorial Fireworks Display will be conducted on 
Lake Ontario, Port Bay, NY on July 3, 1995. This regulation will 
restrict general navigation on Lake Ontario, Port Bay Harbor, NY in the 
vicinity of Loon Pt within a 500 foot radius of the fireworks barge. 
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 (Commanding Officer, 
U.S. Coast Guard Station Sodus Point, NY).
    This 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 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 is conducting an environmental analysis for this 
event pursuant to section 2.B.2.c of Coast Guard Commandant Instruction 
M16475.1B, and the Coast Guard Notice of final agency procedures and 
policy for categorical exclusions found at (59 FR 38654, July 29, 
1994).

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-T09-012 is added to read as follows:


Sec. 100.35-T09-012  Thomas Graves Memorial Fireworks Display, Lake 
Ontario, Port Bay, NY.

    (a) Regulated area. That portion of the Lake Ontario, Port Bay 
Harbor, NY within a 500 ft radius of the anchored fireworks barge, 
which will be located northeast of Loon Pt, in approximate position 
43 deg.17'46'' N, 076 deg.50'02'' W. Datum: NAD 1983.
    (b) Special local regulation. This section 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 Sodus Point, 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 is effective from 9 p.m. through 
11 p.m. on July 3, 1995, unless extended or terminated sooner by the 
Coast Guard Group Commander, Buffalo, NY. In case of inclement weather, 
this regulation will be effective on the rain date of July 8, 1995, at 
the same time.

    Dated: June 7, 1995.
Rudy K. Peschel,
Rear Admiral, Coast Guard Commander, Ninth Coast Guard District.
[FR Doc. 95-15226 Filed 6-20-95; 8:45 am]
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