[Federal Register Volume 63, Number 177 (Monday, September 14, 1998)]
[Rules and Regulations]
[Pages 49004-49005]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-24423]



[[Page 49004]]

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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR PART 100

[CGD08-98-051]


Special Local Regulations; Rising Sun Regatta, Ohio River Mile 
505.0-507.0, Rising Sun, IN

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: Special local regulations are being adopted for the Rising Sun 
Regatta Inboard Hydroplane Races. This event will be held on September 
12 & 13, 1998 from 12 p.m. until 6 p.m. at Rising Sun, Indiana. If the 
event is cancelled due to weather this rule will be effective from 12 
p.m. until 6 p.m., on September 26 & 27, 1998. These regulations are 
needed to provide for the safety of life on navigable waters during the 
event.

EFFECTIVE DATE: These regulations are effective from 12 p.m. until 6 
p.m., on September 12 and 13, 1998.

ADDRESSES: Unless otherwise indicated, all documents referred to in 
this regulation 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, KY (502) 
582-5194, ext. 39.

SUPPLEMENTARY INFORMATION:
    Drafting Information. The drafters of this regulation are 
Lieutenant Jeff Johnson, Project Officer, Chief, Port Management 
Department, UACG Marine Safety Office, Louisville, KY, and LTJG M. 
Woodruff, Project Attorney, Eighth Coast Guard District Legal Office.

Regulatory History

    In accordance with 5 U.S.C. 553, a notice of proposed rule making 
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 
in the Federal Regulation. Following normal rule making procedures 
would be impracticable. The details of the event 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 series of high 
speed hydroplane boat races. The event is sponsored by the Community 
Heritage Promotions. The course to be followed by the race participants 
will be marked by precisely placed marker buoys, mid-channel of the 
Ohio River, between river miles 505.0-507.0. Commercial vessels will be 
permitted to transit the area every three hours.

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 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 
because of the event's short duration, and commercial vessel transit 
schedule stated above.

Small Entities

    The Coast Guard finds that the impact, if any, on small entities 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, and commercial vessel transit schedule stated above.

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)(h) of Commandant 
Instruction M16465.1C, 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-T08-051 is added to read as follows:


Sec. 100.35-T08-051  Ohio River at Rising Sun, Indiana.

    (a) Regulated Area: A regulated area is established between mile 
505.0 and 507.0 of the Ohio River.
    (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 
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: This section is effective from 12 p.m. until 6 
p.m. on September 12 & 13, 1998. If this event is canceled due to 
weather, this section is effective from 12 p.m. until 6 p.m., on 
September 26 & 27, 1998.


[[Page 49005]]


    Dated: August 21, 1998.
Paul J. Pluta,
Rear Admiral, U.S. Coast Guard Commander, Eighth Coast Guard District.
[FR Doc. 98-24423 Filed 9-11-98; 8:45 am]
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