[Federal Register Volume 63, Number 118 (Friday, June 19, 1998)]
[Rules and Regulations]
[Pages 33574-33575]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-16371]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD08-98-037]
RIN 2115-AE46


Special Local Regulations: EZ Challenge Speed Boat Race, Ohio 
River, Beech Bottom, West Virginia

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: Special local regulations are being adopted for the EZ 
Challenge Speed Boat Race. This event will be held on Saturday and 
Sunday, July 4 and 5, 1998, between 9:30 a.m. and 6:30 p.m. Eastern 
Standard Time (EST) on the Ohio River. These regulations are needed to 
provide for the safety of life on navigable waters during the event.

DATES: These regulations become effective at 9:30 a.m. and terminate at 
6:30 p.m. EST on July 4 and 5, 1998.

FOR FURTHER INFORMATION CONTACT:
LT Ted Ferring, Coast Guard Marine Safety Office, Pittsburgh, PA at 
(412) 644-5808.

SUPPLEMENTARY INFORMATION: 

Drafting Information

    The drafters of this regulation are LT Ted Ferring, Project 
Officer, Coast Guard Marine Safety Office, Pittsburgh and LTJG Michele 
Woodruff, Project Attorney, Eighth 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 
in the Federal Register. Following normal rulemaking procedures would 
have been impracticable. The application to hold the event was not 
received with sufficient time remaining to publish proposed rules in 
advance of the event or to provide for a delay effective date.

Background and Purpose

    The marine event requiring this regulation is a powered boat race 
called the ``EZ Challenge Speed Boat Race.'' This event is sponsored by 
Beech Bottom Marina. It will consist of approximately 20 participants 
operating at high speeds. Also, 50-100 spectator craft are expected for 
this event. The speed boat race will occur near Beech Bottom, West 
Virginia on the Ohio River. The resulting congestion of navigable 
channels creates an extra and unusual hazard in the navigable waters.

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 the 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 
rule to be so minimal that a full Regulatory Evaluation under paragraph 
10e of the regulatory policies and procedures of DOT is unnecessary, as 
this regulation will be in effect for approximately eighteen hours in a 
limited area of the Ohio River.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
Coast Guard must consider whether this rule will have a significant 
economic impact on a substantial number of small entities. ``Small 
entities'' include small businesses, not-for-profit organizations that 
are independently owned and operated and are not dominant in their 
field, and governmental jurisdictions with populations of less than 
50,000.
    Therefore, the Coast Guard certifies under section 605(b) that this 
rule will not have a significant effect upon a substantial number of 
small entities, because the regulation is in effect for approximately 
eighteen hours in a limited part of the Ohio River.

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

    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.

Environmental Assessment

    The Coast Guard has considered the environmental impact of this 
action consistent with section 2-1, paragraph (34)(h), Commandant 
Instruction M16475.1C, this rule is categorically excluded from further 
environmental documentation.

[[Page 33575]]

List of Subject in 33 CFR Part 100

    Marine Safety, Navigation (water), Reporting and record keeping 
requirements. Waterways.

Temporary Regulation.

    In consideration of the foregoing, the Coast Guard amends Part 100 
of Title 33, Code of Federal Regulation, 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-T08-028 is added to read as follows:


Sec. 100.35-T08-028  Special Local Regulation, Ohio River, Beech 
Bottom, WV.

    (a) Regulated Area: A regulated area is established on the Ohio 
River, which consists of all waters, bank-to-bank, inside mile markers 
77.2 to 78.0.
    (b) Special Local Regulation:
    (1) Entry into the regulated area is closed to all commercial and 
recreational marine traffic from 9:30 a.m. to 6:30 p.m. EST on July 4 
and 5, 1998 without the consent of the Captain of the Port, Pittsburgh.
    (2) Only vessels participating in the speed boat race and sponsor 
safety vessels will be permitted in the regulated area.
    (3) There will be periodic breaks in the schedule. Vessels wishing 
to transit the area must coordinate passage with the Coast Guard Patrol 
Commander.
    (c) Dates: This section is effective at 9:30 a.m. and terminates at 
6:30 p.m. EST on July 4 and 5, 1998.

    Dated: June 11, 1998.
A.L. Gerfin, Jr.,
Captain, U.S. Coast Guard, Acting Commander, 8th Coast Guard Dist.
[FR Doc. 98-16371 Filed 6-18-98; 8:45 am]
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