[Federal Register Volume 62, Number 180 (Wednesday, September 17, 1997)]
[Rules and Regulations]
[Pages 48767-48768]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-24594]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD08-97-034]
RIN 2115-AE46


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

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: Special local regulations are being adopted for the Ducks on 
the Ohio. This event will be held on September 13, 1997 from 1 p.m. 
until 4 p.m. at Evansville, Indiana. These regulations are needed to 
provide for the safety of life on navigable waters during the event.

EFFECTIVE DATE: These temporary regulations are effective from 1 p.m. 
until 4 p.m., on September 13, 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 these regulations has not been published, and good cause exists for 
making them 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 proposed rules in advance of the event or to 
provide for a delayed effective date.

Background and Purpose

    The marine event requiring this regulation is a charity fund 
raising event involving a race of non-toxic vinyl plastisol ducks. The 
navigational channel will be used for the duration of the race. The 
event is sponsored by Evansville Goodwill Industries, 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.

Small Entities

    The Coast Guard finds that the impact on small entities, if any, is 
not substantial. 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.

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.2e(34)(h) 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 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 section 100.35-T08-034 is added to read as follows:


Sec. 100.35-T08-034  Ohio River at Evansville, Indiana

    (a) Regulated Area: Ohio River Mile 792.0--793.0.
    (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 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

[[Page 48768]]

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''.
    (c) Effective Date: These regulations will be effective from 1 p.m. 
to 4 p.m. on September 13, 1997.

    Dated: September 3, 1997.
Paul J. Prokop,
Captain, U.S. Coast Guard Commander, Eighth Coast Guard District 
Acting.
[FR Doc. 97-24594 Filed 9-16-97; 8:45 am]
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