[Federal Register Volume 60, Number 176 (Tuesday, September 12, 1995)]
[Rules and Regulations]
[Pages 47270-47271]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-22528]



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DEPARTMENT OF TRANSPORTATION
33 CFR Part 165

[CGD02-95-015]
RIN 2115-AE84


Regulated Navigation Area; Ohio River Mile 461.0 to 462.0

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a regulated navigation area on 
the Ohio River from mile 461.0 to mile 462.0. This regulation is needed 
to protest and control recreational and commercial vessel traffic 
during three Jimmy Buffet concerts at the Riverbend Music Center, 
Cincinnati, Ohio. This regulation will restrict general navigation in 
the regulated area for the safety of recreational and commercial 
vessels.

EFFECTIVE DATES: This regulation is effective between 8 p.m. and 11 
p.m. EDST on September 22, 23, and 26, 1995.

FOR FURTHER INFORMATION CONTACT:
CWO Ken Smith, Operations Officer, Captain of the Port, Louisville, 
Kentucky at (502) 582-5194.

SUPPLEMENTARY INFORMATION:

Drafting Information

    The principal persons involved in drafting this document are Chief 
Warrant Officer Ken Smith, Operations Officer for the Captain of the 
Port Louisville, Kentucky, and Lieutenant S. Moody, Project Attorney, 
Second Coast Guard District Legal Office, St. Louis, MO.

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. 
Overriding safety concerns and short notice of scheduling of the event 
made following normal rulemaking procedures impracticable. Three Jimmy 
Buffet concerts at the Riverbend Music Center, an arena located on the 
shores of the Ohio River, are expected to attract hundreds of 
recreational vessels to the area. These shoreside concerts are not 
marine events and therefore the sponsors were not required to notify 
the Coast Guard of the event. As a result, the Coast Guard did not 
learn of the need for vessel traffic control in time to publish a 
notice of proposed rulemaking.

Background and Purpose

    For the past few years Jimmy Buffet has performed annual concerts 
at the 

[[Page 47271]]
Riverbend Music Center and over that period of time the concerts have 
increased in popularity. In the last few years, this particular concert 
series has attracted an increasingly large number of spectator craft, 
posing a significant hazard to navigation. This increased number of 
vessels has contributed to an unusually high number of close calls 
between spectator craft and commercial traffic. The purpose of this 
regulation is to establish navigation and operating restrictions which 
will serve to separate recreational vessels from commercial vessel 
traffic, and if needed, to escort commercial traffic through the 
regulated navigation zone.

Regulatory Evaluation

    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). Because of the limited duration 
of the restrictions, the Coast Guard expects the economic impact of 
this proposal to be so minimal that a full Regulatory Evaluation under 
paragraph 10e of the regulatory policies and procedures of DOT is 
unnecessary.
    To avoid any unnecessary adverse economic impact on businesses 
which use the river for commercial purposes, Captain of the Port, 
Louisville, Kentucky will monitor river conditions and will amend 
restrictions in the regulated area as conditions permit. Changes will 
be announced by Marine Safety Information Radio broadcast (Broadcast 
Notice to Mariners) on VHF marine band radio, channel 22 (157.1 MHz). 
Mariners may also call the Port Operations Officer, Captain of the 
Port, Louisville, Kentucky at (502) 582-5194 for current information.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
Coast Guard must consider whether this proposal will have a significant 
economic impact on a substantial number of small entities. ``Small 
entities'' include independently owned and operated small businesses 
that are not dominant in their field and that otherwise qualify as 
``small business concerns'' under section 3 of the Small Business Act 
(15 U.S.C. 632).
    Because the Coast Guard expects the impact of this proposal to be 
minimal, the Coast Guard certifies under 5 U.S.C. 605(b) that this 
regulation, if adopted, will not have a significant economic impact on 
a substantial number of small entities.

Collection of Information

    This rule contains no collection of information requirements under 
the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).

Federalism Assessment

    The Coast Guard has analyzed this regulation under the principles 
and criteria contained in Executive Order 12612 and has determined that 
it does not raise sufficient federalism implications to warrant the 
preparation of a Federalism Assessment.
Environmental Assessment

    The Coast Guard considered the environmental impact of this 
regulation and concluded that, under section 2.B.2 of Commandant 
Instruction M16475.1B, as revised by 59 FR 38654; July 29, 1994, this 
regulation is categorically excluded from further environmental 
documentation as an action required to protect public safety.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Records and 
recordkeeping, Security measures, Vessels, Waterways.

Temporary Regulation

    In consideration of the foregoing, subpart F of part 165 of Title 
33, Code of Federal Regulations, is amended as follows:

PART 165--[AMENDED]

    1. The authority citations for part 165 continues to read as 
follows:

    Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1(g), 
6.04-1, 604-6, and 160.5; 49 CFR 1.46.

    2. A temporary Sec. 165.T02-064 is added to read as follows:


Sec. 165-T02-064  Regulation Navigation Area: Ohio River.

    (a) Location. The Ohio River between mile 461.0 and 462.0 is 
established as a regulated navigation area.
    (b) Effective dates. This section is effective between 8 p.m. and 
11 p.m. EDST on September 22, 23, and 26, 1995.
    (c) Regulations. (1) Commercial vessels transiting the regulated 
navigation area shall proceed at minimum steerage and at the direction 
of Coast Guard officers or petty officers who will be patrolling the 
regulated area on board Coast Guard vessels.
    (2) Recreational vessels within the area shall not anchor or moor 
in the navigable channel.
    (3) The Captain of the Port, Louisville, Kentucky may, upon 
request, or for good cause, depending on on-scene conditions, authorize 
a deviation from any regulation in this section if it is found that 
proposed or needed operations can be performed safely.
    (4) The Captain of the Port, Louisville, Kentucky will notify the 
maritime community of river conditions affecting the area covered by 
this regulated navigation of by Marine Safety Information Radio 
Broadcast on VHF Marine Band Radio, Channel 22 (157.1 MHz).

    Dated: August 30, 1995.
Paul M. Blayney,
Rear Admiral, U.S. Coast Guard Commander, Second Coast Guard District, 
St. Louis, MO
[FR Doc. 95-22528 Filed 9-11-95; 8:45 am]
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