[Federal Register Volume 62, Number 71 (Monday, April 14, 1997)]
[Rules and Regulations]
[Pages 18041-18042]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-9539]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD08-97-010]
RIN 2115-AE46


Special Local Regulation; Salute to the Queen; Ohio River Mile 
469.9-472.4, Cincinnati, Ohio

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: A special local regulation is being adopted for the marine 
event Salute to the Queen at Ohio River miles 469.9--472.4. This event 
will be held on May 2, 1997, from 7:00 a.m. until 10:00 a.m. at 
Cincinnati, Ohio. During this event, no vessel will be allowed to 
transit this area without permission from the Coast Guard on scene 
Patrol Commander. This regulation is needed to provide for the safety 
of life on navigable waters during the event.

DATES: This regulation is effective from 7 a.m. until 10 a.m., on May 
2, 1997.

FOR FURTHER INFORMATION CONTACT: LT Jeffrey W. Johnson, Chief, Port 
Operations Department, USCG Marine Safety Office, Louisville, Kentucky 
at (502) 582-5194 ext. 39.

SUPPLEMENTARY INFORMATION: 

Regulatory History

    In accordance with 5 U.S.C. 553, a notice of proposed rulemaking 
for this regulation has not been published, and good cause exists for 
making it effective in less than 30 days from the date of publication. 
Following normal rulemaking procedures would be impracticable. The 
details of the event were not finalized in sufficient time to publish 
the proposed rule in advance of the event or to provide for a delayed 
effective date.

Background and Purpose

    The marine event requiring this regulation is a parade of small 
craft and passenger vessels to celebrate the 50th Anniversary 
homecoming of the passenger vessel Delta Queen, to the Cincinnati, Ohio 
river port. The navigational channel will be used for the duration of 
the parade. The event is sponsored by Greater Cincinnati Tall Stacks 
Commission, Inc.

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 not been reviewed 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 
rule 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 and limited area.

Small Entities

    For the reasons stated above, the Coast Guard believes that there 
will not be a significant economic impact on a substantial number of 
small entities. Therefore, the Coast Guard certifies under section 
605(b) of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) that 
this temporary rule will not have a significant economic impact on a 
substantial number of small entities because of the event's short 
duration and limited area.

Collection of Information

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

Federalism Assessment

    The Coast Guard has analyzed this action in accordance with the 
principles and criteria of Executive Order 12612 and has determined 
that this rule 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 rule 
and concluded that under section 2.B.2.C. of Commandant Instruction 
M16475.1B, (as revised by 61 FR 13563; March 27, 1996) 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 Regulation

    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 section 100.35-T08-010 is added to read as follows:


Sec. 100.35-T08-010  Ohio River at Cincinnati, Ohio

    (a) Regulated area: Ohio River Mile 469.9-472.4.
    (b) Special local regulation: All persons and/or vessels not 
registered with the sponsors as participants or official patrol vessels 
are considered spectators. ``Participants'' are those persons and/or 
vessels identified by the sponsor as taking part in the event. The 
``official patrol'' consists of any Coast Guard, public, state or local 
law enforcement and/or sponsor provided vessel assigned to patrol the 
event. The Coast Guard ``Patrol Commander'' is a Coast Guard 
commissioned, warrant, or petty officer who has been designated by 
Commanding Officer, Coast Guard Marine Safety Office, Louisville.
    (1) No vessel shall transit, anchor, block, loiter in, or impede 
the through transit of participants or official patrol vessels in the 
regulated area during effective dates and times, unless cleared for 
such entry by or through an official patrol vessel.
    (2) When hailed and/or signaled by an official patrol vessel, a 
spectator shall come to an immediate stop. Vessels shall comply with 
all directions given; failure to do so may result in a citation.
    (3) The Patrol Commander is empowered to forbid and control the 
movement of all vessels in the regulated area. The Patrol Commander may 
terminate the event at any time it is deemed necessary for the 
protection of life and/or property and can be reached on VHF-FM Channel 
16 by using the call sign ``PATCOM''.

[[Page 18042]]

    (c) This regulation will be effective from 7:00 a.m. to 10:00 a.m. 
May 2, 1997.

    Dated: April 2, 1997.
T.W. Josiah,
Rear Admiral, U.S. Coast Guard Commander, Eighth Coast Guard District.
[FR Doc. 97-9539 Filed 4-11-97; 8:45 am]
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