[Federal Register Volume 64, Number 116 (Thursday, June 17, 1999)]
[Rules and Regulations]
[Pages 32409-32410]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-15442]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR PART 100

[CGD08-99-041]
RIN 2115-AE46


Special Local Regulations; 4th of July Celebration Ohio River 
Mile 469.2-470.5, Cincinnati, OH

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is adopting a temporary final rule for the 4th 
of July Celebration. This event will be held on July 4, 1999, from 8 
p.m. until 11 p.m. at Cincinnati, Ohio. This rule is necessary to 
provide for the safety of life and property on navigable waters during 
the event.

EFFECTIVE DATE: This temporary final rule is effective from 8 p.m. 
until 11 p.m. on July 4, 1999.

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

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

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

Regulatory History

    In accordance with 5 U.S.C. 553, no notice of proposed rulemaking 
for this temporary final rule has not been published, and good cause 
exists for making this rule effective less than 30 days after the date 
of publication. Following normal rulemaking would be impracticable. The 
details of the event were not finalized in sufficient time for us to 
publish a proposed rule in advance of the event or to provide for a 
delayed effective date.

Background and Purpose

    The marine event requiring this temporary final rule is a fireworks 
display. The event is sponsored by JACOR Events. The fireworks will be 
launched from a deck barge in the Ohio River around mile 469.9, mid-
channel. Non-participating vessels will be able to transit the area 
after the river is reopened.

Regulatory Evaluation

    This temporary final 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. The Office of Management and Budget has not reviewed it 
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, because of the event's short duration, that a 
full Regulatory Evaluation under paragraph 10e of the regulatory 
policies and procedures of DOT is unnecessary.

Small Entities

    The Coast Guard finds that the impact on small entities, if any, is 
not substantial, because of the event's short duration. Therefore, the 
Coast Guard certifies under section 605(b) of the Regulatory 
Flexibility Act, 5 U.S.. 601 et seq., that this temporary final rule 
will not have a significant economic impact on a substantial number of 
small entities.

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 temporary final rule in 
accordance with the principles and criteria of Executive Order 161 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 
temporary final rule and concluded that under section 2-1, paragraph 
(34)(h), of Commandant Instruction M16475.1C, 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, the Coast Guard amends Part 100 
of Title 33, Code of Federal Regulations, as follows:

PART 100--[AMENDED]

    1. The authority citation for part 100 continues to read as 
follows:

    Authority: 33 U.S.C. 1233 through 1236; 49 CFR 1.46 and 33 CFR 
100.35

    2. Add a temporary Sec. 100.35-T08-041 to read as follows:


Sec. 100.35-T08-041  Ohio River at Cincinnati, Ohio.

    (a) Regulated Area: Ohio River Mile 469.2-470.5.
    (b) Special Local Regulation: All persons and vessels not 
registered with the sponsors as participants or official patrol vessels 
are spectators. ``Participants'' are those persons and 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 vessel, or any sponsor-provided vessel, assigned to patrol 
the event. The Coast Guard ``Patrol Commander'' is a commissioned, 
warrant, or petty officer of the Coast Guard who has been designated by 
Commanding Officer, Coast Guard Marine Safety Office, Louisville, to 
act as a Patrol Commander.
    (1) No vessel may anchor, block, loiter in, or impede the transit 
of participants or official patrol vessels in the regulated

[[Page 32410]]

area during effective dates and times, unless cleared to enter by an 
official patrol vessel.
    (2) When hailed or signaled by an official patrol vessel, a 
spectator shall come to an immediate stop. Vessels must comply with all 
directions given; failure to do so may result in a citation.
    (3) The Patrol Commander may forbid and control the movement of all 
vessels in the regulated area. The Patrol Commander may terminate the 
event at any time he or she deems it necessary for the protection of 
life or property, and is available on VHF-FM Channel 16 by using the 
call sign ``PATCOM''.
    (c) Effective Date: This temporary final rule will be effective 
from 8 p.m. to 11 p.m. July 4, 1999.

    Dated: June 4, 1999.
Paul J. Pluta,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 99-15442 Filed 6-16-99; 8:45 am]
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