[Federal Register Volume 64, Number 123 (Monday, June 28, 1999)]
[Unknown Section]
[Page 34542]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-16364]



[[Page 34542]]

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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR PART 100

[CGD08-99-042]
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: Special local regulations are being adopted for the 4th of 
July Celebration. This event will be held on July 3, 1999 from 8 p.m. 
until 11 p.m. at Cincinnati, Ohio along the Ohio River. These 
regulations are needed to provide for the safety of life on navigable 
waters during the event.

DATES: These regulations are effective from 8 p.m. until 11 p.m. on 
July 3, 1999.

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, 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 regulation 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, 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. 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

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

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. 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 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 2-1, 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, 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 Sec. 100.35-T08-041 is added to read as follows:


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

    (a) Regulated area. A regulated area is established on the Ohio 
River from mile 469.2 to 470.5.
    (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 8 p.m. to 11 
p.m. July 3, 1999.

    Dated: June 14, 1999.
Paul J. Pluta,
Rear Admiral, U.S. Coast Guard Commander, Eighth Coast Guard District.
[FR Doc. 99-16364 Filed 6-25-99; 8:45 am]
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