Federal Register / Vol. 60, No. 119 / Wednesday, June 21, 1995 / Rules and Regulations 32265

will be held on Lake Ontario, Port Bay,

NY on July 3, 1995, with a rain date of

July 8, 1995. This regulation will restrict

general navigation on Lake Ontario, Port

Bay, NY. Due to the large number of

spectator vessels and the falling ash and

debris from the fireworks display, this

regulation is needed to provide for the

safety of life, limb, and property on

navigable waters during the event.

EFFECTIVE DATE: This regulation is

effective from 9 p.m. through 11 p.m. on

July 3, 1995. In case of inclement

weather, this regulation will be effective

on the rain date of July 8, 1995, at the

same times.

FOR FURTHER INFORMATION CONTACT:

Marine Science Technician Second

Class Jeffrey M. Yunker, Ninth Coast

Guard District, Aids to Navigation and

Waterways Management Branch, Room

2083, 1240 East Ninth Street, Cleveland,

Ohio, 44199–2060, (216) 522–3990.

SUPPLEMENTARY INFORMATION: 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. Following normal

rulemaking procedures would have

been impracticable. The application to

hold this event was not received by the

Commander, Ninth Coast Guard District,

until May 10, 1995, and there was not

sufficient time remaining to publish a

proposed final rule in advance of the

event. The Coast Guard has decided to

proceed with a temporary rule for this

year’s event and publish a NPRM, as

part of the Great Lakes annual marine

events list, prior to next year’s event.

Drafting Information

The drafters of this notice are

Lieutenant Junior Grade Byron D.

Willeford, Project Officer, Ninth Coast

Guard District, Aids to Navigation and

Waterways Management Branch, and

Lieutenant Charles D. Dahill, Project

Attorney, Ninth Coast Guard District

Legal Office.

Discussion of Regulation

The Thomas Graves Memorial

Fireworks Display will be conducted on

Lake Ontario, Port Bay, NY on July 3,

1995. This regulation will restrict

general navigation on Lake Ontario, Port

Bay Harbor, NY in the vicinity of Loon

Pt within a 500 foot radius of the

fireworks barge. This event will have an

unusually large concentration of

spectator vessels and falling ash and

debris, which could pose hazards to

navigation in the area. This regulation is

necessary to ensure the protection of

life, limb, and property on navigable

waters during this event. Any vessels

desiring to transit the regulated area

may do so only with prior approval of

the Patrol Commander (Commanding

Officer, U.S. Coast Guard Station Sodus

Point, NY).

This regulation is issued pursuant to

33 U.S.C. 1233 as set out in the

authority citation for all of part 100.

Federalism Implications

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.

Environment

The Coast Guard is conducting an

environmental analysis for this event

pursuant to section 2.B.2.c of Coast

Guard Commandant Instruction

M16475.1B, and the Coast Guard Notice

of final agency procedures and policy

for categorical exclusions found at (59

FR 38654, July 29, 1994).

Economic Assessment and Certification

This regulation 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

regulation to be so minimal that a full

Regulatory Evaluation under paragraph

10e of the regulatory policies and

procedures of the DOT is unnecessary.

Collection of Information

This regulation will impose no

collection of information requirements

under the Paperwork Reduction Act, 44

U.S.C. 3501 et seq.

List of Subjects in 33 CFR Part 100

Marine safety, Navigation (water),

Reporting and recordkeeping

requirements, Waterways.

Temporary Regulation

In consideration of the foregoing, part

100 of Title 33, Code of Federal

Regulations, is amended as follows:

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 § 100.35–T09–012 is

added to read as follows:

§ 100.35–T09–012 Thomas Graves

Memorial Fireworks Display, Lake Ontario,

Port Bay, NY.

(a) Regulated area. That portion of the

Lake Ontario, Port Bay Harbor, NY

within a 500 ft radius of the anchored

fireworks barge, which will be located

northeast of Loon Pt, in approximate

position 43°17′46′′ N, 076°50′02′′ W.

Datum: NAD 1983.

(b) Special local regulation. This

section restricts general navigation in

the regulated area for the safety of

spectators and participants. Any vessels

desiring to transit the regulated area

may do so only with prior approval of

the Patrol Commander.

(c) Patrol Commander. (1) The Coast

Guard will patrol the regulated area

under the direction of a designated

Coast Guard Patrol Commander (Officer

in Charge, U.S. Coast Guard Station

Sodus Point, NY). The Patrol

Commander may be contacted on

channel 16 (156.8 MHZ) by the call sign

‘‘Coast Guard Patrol Commander.’’

(2) The Patrol Commander may direct

the anchoring, mooring, or movement of

any boat or vessel within the regulated

area. A succession of sharp, short

signals by whistle or horn from vessels

patrolling the area under the direction

of the U.S. Coast Guard Patrol

Commander shall serve as a signal to

stop. Any vessel so signaled shall stop

and shall comply with the orders of the

Patrol Commander. Failure to do so may

result in expulsion from the area,

citation for failure to comply, or both.

(3) The Patrol Commander may

establish vessel size and speed

limitations and operating conditions.

(4) The Patrol Commander may

restrict vessel operation within the

regulated area to vessels having

particular operating characteristics.

(5) The Patrol Commander may

terminate the marine event or the

operation of any vessel at any time it is

deemed necessary for the protection of

life, limb, or property.

(6) All persons in the area shall

comply with the orders of the Coast

Guard Patrol Commander.

(d) Effective date: This section is

effective from 9 p.m. through 11 p.m. on

July 3, 1995, unless extended or

terminated sooner by the Coast Guard

Group Commander, Buffalo, NY. In case

of inclement weather, this regulation

will be effective on the rain date of July

8, 1995, at the same time.

Dated: June 7, 1995.

Rudy K. Peschel,

Rear Admiral, Coast Guard Commander,

Ninth Coast Guard District.

[FR Doc. 95–15226 Filed 6–20–95; 8:45 am]

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