[Federal Register Volume 63, Number 133 (Monday, July 13, 1998)]
[Rules and Regulations]
[Pages 37492-37493]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-18557]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD08-98-038]
RIN 2115-AE84


Regulated Navigation Area; Ohio River, Mile 461.0-462.0, 
Cincinnati, OH

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. These regulations are 
needed to protect and control recreation and commercial vessel traffic 
during two concerts by musician Jimmy Buffet at the Riverbend Music 
Center, Cincinnati, Ohio. These regulations will restrict general 
navigation in the regulated area for the safety of recreational and 
commercial vessels.

DATES: These regulations are effective from 8 p.m. until 11:30 p.m. on 
July 24 and 25, 1998.

ADDRESSES: Unless otherwise indicated, all documents referred to in 
these regulations are available for review at Marine Safety Office, 
Louisville, 600 Martin Luther King Jr. Place, Rm 360, Louisville, KY 
40202-2230.

FOR FURTHER INFORMATION CONTACT:
Lieutenant Jeff Johnson, Chief, Port Management Department, USCG Marine 
Safety Office, Louisville, Kentucky at (502) 582-5194, ext. 39.

SUPPLEMENTARY INFORMATION:
    Drafting Information: The drafters of this regulation are 
Lieutenant Jeff Johnson, Port Management Officer for the Captain of the 
Port of Louisville, Kentucky, and Lieutenant Junior Grade Michael A. 
Woodruff, Project Attorney, Eighth Coast Guard District, New Orleans, 
LA.

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 rule making 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

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

[[Page 37493]]

commercial traffic through the regulated navigation zone.

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 sections 6(a)(3) of that order. Its 
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 CFR 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.
    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 ease 
restrictions in the regulated area as conditions permit. Change 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 Management Officer, Captain of the 
Port, Louisville, Kentucky at (502) 582-5194 for current information.

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 2-1, paragraph (34)(g) of Commandant 
Instruction M16475.1C, this rule 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), Reporting and 
recordkeeping requirements, Security measures, Vessels, Waterways.

Temporary Regulations

    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 citation 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, 6.04-6, and 160.5; 49 CFR 1.46.

    2. A temporary Sec. 165-T08-038 is added to read as follows:


Sec. 100-T08-038  Regulated navigation area: Ohio River.

    (a) Location. The Ohio River between mile 461.0 and 462.0 is 
established as a regulated navigation area.
    (b) Regulations. (1) Commercial vessels transiting the regulated 
navigation area shall proceed at minimum steerage and at the direction 
of the 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) Depending on on-scene conditions, the Captain of the Port, 
Louisville, Kentucky, upon request, or for good cause, may authorize 
deviation from this section if the Captain of the Port, Louisville, 
Kentucky, finds that the 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 area by Marine Safety Information Radio 
Broadcast on VHF Marine Band Radio, Channel 22 (157.1 MHZ).
    (c) Effective date: This section will be effective from 8 p.m. to 
11:30 p.m. on July 24 and 25, 1998.

    Dated: June 25, 1998.
Paul J. Fluta,
Rear Admiral, U.S. Coast Guard Commander, Eighth Coast Guard District.
[FR Doc. 98-18557 Filed 7-10-98; 8:45 am]
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