[Federal Register Volume 60, Number 164 (Thursday, August 24, 1995)]
[Rules and Regulations]
[Pages 43978-43979]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-20943]



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DEPARTMENT OF TRANSPORTATION
33 CFR Part 100

[CGD 09-95-024]


Special Local Regulation; 1995 Offshore Series Grand Prix, Lake 
Erie, Geneva-on-the-Lake, OH

AGENCY: Coast Guard, DOT.

ACTION: Temporary rule.

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SUMMARY: A special local regulation is being adopted for the 1995 
Offshore Series Grand Prix. This event will be held on Lake Erie, 
Geneva-on-the-Lake, OH, on September 10, 1995. The Geneva Offshore 
Grand Prix will have an estimated 30 offshore race boats racing a 
closed course race on Lake Erie which could pose hazards to navigation 
in the area. This regulation will restrict general navigation on Lake 
Erie between Cowles Creek and the Redbrook Boat Club 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 from 11 a.m. until 3 p.m. 
September 10, 1995.

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 44199-2020, (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 August 3, 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 Geneva Offshore Grand Prix will be held on Lake Erie between 
Cowles Creek and the Redbrook Boat Club on September 10, 1995. This 
event will have an estimated 30 offshore race boats racing a closed 
course race on Lake Erie which could pose hazards to navigation in the 
area. The effect of this regulation will be to restrict general 
navigation on that portion of Lake Erie, in an area rectangular in 
shape, from the mouth of Cowles Creek, east along the shoreline 
approximately 4.4 statute miles, extending offshore approximately 0.7 
statute mile, for the safety of spectators and participants. This 
regulation is necessary to ensure the protection of life, limb, and 
property on navigable waters 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 
Ashtabula, OH).

    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 

[[Page 43979]]
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 section 100.35-T09-024 is added to read as follows:


Sec. 100.35-T09-024  1995 Offshore Series Grand Prix, Lake Erie, 
Geneva-on-the-Lake, OH.

    (a) Regulated area: That portion of Lake Erie from:

Latitude                           Longitude                            
                                                                        
41 deg.51.5' N                     080 deg.58.2' W, thence to           
41 deg.52.4' N                     080 deg.53.4' W, thence to           
41 deg.53.0' N                     080 deg.53.4' W, thence to           
41 deg.52.2' N                     080 deg.58.2' W, thence to           
41 deg.51.5' N                     080 deg.58.2' W, thence to           
Datum: NAD 83                                                           
                                                                        

    (b) Special local regulation: This section 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 Ashtabula, 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 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 11 a.m. until 3 
p.m. on September 10, 1995, unless extended or terminated sooner by the 
Coast Guard Group Commander, Buffalo, NY.

    Dated: August 11, 1995.
G.F. Woolever,
Rear Admiral, U.S. Coast Guard Commander, Ninth Coast Guard District.
[FR Doc. 95-20943 Filed 8-23-95; 8:45 am]
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