[Federal Register Volume 60, Number 168 (Wednesday, August 30, 1995)]
[Rules and Regulations]
[Pages 45043-45044]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-21550]



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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD02-95-011]
RIN 2115-AE46


Special Local Regulations; Ducks on the Ohio; Ohio River Mile 
792.0-793.0

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: A special local regulation is being adopted for the Ducks on 
the Ohio which will be held on the Ohio River near Evansville, Indiana 
on September 9, 1995. This regulation is needed to control vessel 
traffic in the immediate vicinity of the event. The regulation will 
restrict general navigation in the regulated area for the safety of 
spectators, participants and through traffic.

EFFECTIVE DATE: This regulation is effective from 1 p.m. to 4 p.m. 
local time on September 9, 1995.

FOR FURTHER INFORMATION CONTACT:
LCDR J.O. Jaczinski, Chief, Boating Affairs Branch, Second Coast Guard 
District, 1222 Spruce Street, St. Louis, Missouri 63103-2832. The 
telephone number is (314) 539-3971, fax (314) 539-2685.
SUPPLEMENTARY INFORMATION: 
Drafting Information
    The drafters of this regulation are LCDR J.O. Jaczinski, Project 
Officer, Second Coast Guard District, Boating Safety Division, and LT 
S. Moody, Project Attorney, Second Coast Guard District Legal Office.
Regulatory History
    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. 
Specifically, the sponsor's late submission of the regatta application 
left insufficient time to publish a notice of proposed rulemaking in 
advance of the scheduled event. The Coast Guard deems it to be in the 
public's best interest to issue a regulation immediately.
Background and Purpose
    The Ducks on the Ohio consists of a duck race. The show will begin 
at 1 p.m. local time on September 9, 1995 and will end at 4 p.m. local 
time. In order to provide for the safety of spectators and 
participants, and for the safe passage of through traffic, the Coast 
Guard will restrict vessel movement in the regulated area. The river 
will be closed during part or all of the effective period to all vessel 
traffic except official regatta vessels and patrol craft. These 
regulations are issued pursuant to 33 U.S.C. 1233 and 33 CFR 100.35.
Regulatory Evaluation
    This rule 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 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 DOT is 
unnecessary because of the event's short duration.

Federalism Asessment

    The Coast Guard has analyzed this action in accordance with the 
principles and criteria of Executive Order 12612 and has determined 
that this regulation does not raise sufficient federalism 

[[Page 45044]]
implications to warrant the preparation of a Federalism Assessment.

Environmental Assessment

    The Coast Guard considered the environmental impact of this rule 
and concluded that under section 2.B.2.C of Commandant Instruction 
M16475.1B (as revised by 59 FR 38654; July 29, 1994) this rule is 
excluded from further environmental documentation.
List of Subjects in 33 CFR Part 100

    Marine safety, Navigation (water), Reporting and recordkeeping 
requirements, Waterways.

Temporary Regulations

    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.T02-046 is added, to read as follows:


Sec. 100.35-T02-046  Ohio River near Evansville, Indiana

    (a) Regulated area. Ohio River mile 792.0 to 793.0.
    (b) Special local regulations. (1) Except for official regatta 
vessels and patrol craft no person or vessel may enter or remain in the 
regulated area without permission of the Patrol Commander.
    (2) The Coast Guard Patrol Commander will be a commissioned or 
petty officer designated by the Commanding Officer, Marine Safety 
Office, Louisville, Kentucky and may be contacted, during the event, on 
channel 16 (156.8 MHZ) by the call sign ``Coast Guard Patrol 
Commander.'' The Patrol Commander may:
    (i) Direct the anchoring, mooring, or movement of any vessel within 
the regulated area,
    (ii) Restrict vessel operation within the regulated area to vessels 
having particular operating characteristics,
    (iii) Terminate the marine event or the operation of any vessel 
when necessary for the protection of life and property, and
    (iv) Allow vessels to transit the regulated area whenever an event 
is not being conducted and the transit can be completed.
    (3) Coast Guard commissioned or petty officers will patrol the 
event on board patrol vessels which display the Coast Guard Ensign. If 
radio or other voice communications are not available to communicate 
with a vessel, they will use a series of sharp, short blasts by whistle 
or horn to signal the operator of any vessel in the vicinity of the 
regulated area to stop. When signaled, the operator of any vessel in 
the immediate vicinity of the regulated area shall stop the vessel 
immediately and shall proceed as directed.
    (4) Vessels desiring to transit the regulated area may do so only 
with the prior approval and direction of the Patrol Commander.
    (5) The Patrol Commander will terminate enforcement of this section 
at the conclusion of the marine event if earlier than the announced 
termination time.
    (c) Effective date. This section is effective from 1 p.m. to 4 p.m. 
local time on September 9, 1995.

    Dated: August 17, 1995.
Paul M. Blayney,

Rear Admiral, U.S. Coast Guard, Commander, Second Coast Guard District.

[FR Doc. 95-21550 Filed 8-29-95; 8:45 am]

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