[Federal Register Volume 60, Number 102 (Friday, May 26, 1995)]
[Rules and Regulations]
[Pages 27886-27887]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-13028]



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DEPARTMENT OF TRANSPORTATION
33 CFR Part 100

[CGD 09-95-010]


Special Local Regulation; Geneva Offshore Grand Prix, Lake Erie, 
Geneva-on-the-Lake, OH

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: A special local regulation is being adopted for the Geneva 
Offshore Grand Prix. This event will be held on Lake Erie, Geneva-on-
the-Lake, OH, on May 28, 1995. The Geneva Offshore Grand Prix will have 
an estimated 35 offshore race boats racing a closed course race on Lake 
Erie which could pose hazards to navigation in the area. This 
regulation will restrict general navigation on Lake Erie between Cowles 
Creek and the Redbrook Boat Club and 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 11 a.m. (EDST) until 
3 p.m. (EDST) on May 28, 1995.

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 4, 1995, and there 
was not sufficient time remaining to publish a proposed rule in advance 
of the event or to provide for a delayed effective date.

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 Karen E. 
Lloyd, Project Attorney, Ninth Coast Guard District Legal Office.

Discussion of Regulation

    The Geneva Offshore Grand Prix will be held on Lake Erie between 
Cowles Creek and the Redbrook Boat Club on May 28, 1995. This event 
will have an estimated 35 offshore race boats racing a closed course 
race on Lake Erie which could pose hazards to navigation in the area. 
The effect of this rule will be to restrict general navigation on that 
portion of Lake Erie, in an area rectangular in shape, from the mouth 
of Cowles Creek, west along the shoreline approximately 4.4 statute 
miles, extending offshore approximately 0.7 statute miles, for the 
safety of spectators and participants. This regulation is necessary to 
ensure the protection of life, limb, and property on navigable waters 
during this event. Any vessel desiring to transit the regulated area 
may do so only with prior approval of the Patrol Commander (Officer in 
Charge, U.S. Coast Guard Station Ashtabula, OH).
    This rule 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 [[Page 27887]] federalism 
implications to warrant the preparation of a Federalism Assessment.

Environment

    The Coast Guard is conducting an environmental analysis for this 
event in accordance with 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 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 
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 rule 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:

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-T09-010 is added to read as follows:


Sec. 100.35--T09-010  Geneva Offshore Grand Prix, Lake Erie, Geneva-on-
the-Lake, OH.

    (a) Regulated Area: That portion of Lake Erie from:


Latitude                             Longitude                          
41 deg.51.5'N                        080 deg.58.2'W, thence to          
41 deg.52.4'N                        080 deg.53.4'W, thence to          
41 deg.53'N                          080 deg.53.4'W, thence to          
41 deg.52.2'N                        080 deg.58.2'W, thence to          
41 deg.51.5'N                        080 deg.58.2'W.                    
                                                                        

Datum: NAD 83
    (b) Special local regulation: This section restricts general 
navigation in the regulated area for the safety of spectators and 
participants. Any vessel 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 Ashtabula, OH). 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 11 a.m. (estd) 
until 3 p.m. (edst) on May 28, 1995, unless otherwise terminated by the 
Coast Guard Patrol Commander (Officer in Charge, U.S. Coast Guard 
Station Ashtabula, OH).

    Dated: May 16, 1995.
Rudy K. Peschel,
Rear Admiral, U.S. Coast Guard, Commander, Ninth Coast Guard District.
[FR Doc. 95-13028 Filed 5-25-95; 8:45 am]
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