[Federal Register Volume 60, Number 168 (Wednesday, August 30, 1995)]
[Rules and Regulations]
[Pages 45045-45046]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-21560]



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DEPARTMENT OF TRANSPORTATION
33 CFR Part 100

[CGD 09-95-025]


Special Local Regulation; NFBRA Red Dog Kilo Time Trials, Niagara 
River, Tonawanda, NY

AGENCY: Coast Guard, DOT.

ACTION: Temporary rule.

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SUMMARY: A special local regulation is being adopted for the NFBRA Red 
Dog Kilo Time Trials. This event will be held on the Niagara River, 
Tonawanda, NY, on September 23, 1995. The NFBRA Red Dog Kilo Time 
Trials will have an estimated 40-45 offshore race boats racing a closed 
course race on the Niagara River, Tonawanda Channel, which could pose 
hazards to navigation in the area. This regulation will restrict 
general navigation on the Niagara River, Tonawanda Channel, between 
Tonawanda Channel Buoy 31 to approximately \1/2\ mile southwest of 
Twomile Creek, 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 10:30 a.m. until 5 
p.m. September 23, 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, 44199-2060, (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 August 7, 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 NFBRA Red Dog Kilo Time Trials will be held on the Niagara 
River, Tonawanda Channel, Tonawanda, NY on September 23, 1995. This 
event will have an estimated 40-45 offshore race boats racing a closed 
course race on the Niagara River, Tonawanda Channel, which could pose 
hazards to navigation in the area. The effect of this regulation will 
be to restrict general navigation on the Niagara River, Tonawanda 
Channel, between Tonawanda Channel Buoy 31 to approximately \1/2\ mile 
southwest of Twomile Creek, 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 Buffalo, 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 


[[Page 45046]]
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 T09-025 is added to read as follows:


Sec. 100.35 T09-025  NFBRA Red Dog Kilo Time Trials, Niagara River, 
Tonawanda, NY

    (a) Regulated area. That portion of the Niagara River, Tonawanda 
Channel, between Tonawanda Channel Buoy 31 to approximately \1/2\mile 
southwest of Twomile Creek along a line drawn from 43 deg.00'45'' N 
078 deg.55'06'' W to 43 deg.00'28'' N 078 deg.54'56'' W (Sipco Oil 
Company). (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 Buffalo, 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 10:30 a.m. until 
5 p.m. on September 23, 1995, unless extended or terminated sooner by 
the Coast Guard Group Commander Buffalo, NY.

    Dated: August 17, 1995.
Paul J. Pluta,
Captain, U.S. Coast Guard, Commander, Ninth Coast Guard District 
Acting.
[FR Doc. 95-21560 Filed 8-29-95; 8:45 am]
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