27886 Federal Register / Vol. 60, No. 102 / Friday, May 26, 1995 / Rules and Regulations

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. This conclusion is

based on the fact that this rule makes

only a slight change to the effective

period found in the permanent rule at

33 CFR 100.101. The public is fully

aware of the terms and conditions of

this annual event. Commercial traffic on

the affected portion of the Thames River

is infrequent. The race is popular and of

short duration. Local commercial

entities and the U.S. Navy have been

notified of the race schedule. Vessel

traffic may be allowed to transit the

regulated area at the discretion of the

patrol commander.

Small Entities

Under the Regulatory Flexibility Act

(5 U.S.C. 601 et seq.), the Coast Guard

must consider whether this rule will

have a significant economic impact on

a substantial number of small entities.

Small entities include independently

owned and operated small businesses

that are not dominant in their field, and

that otherwise qualify as ‘‘small

business concerns’’ under section 3 of

the Small Business Act (15 U.S.C. 632).

For the reasons set forth in the above

Regulatory Evaluation, the Coast Guard

expects the impact of this regulation to

be minimal, and certifies under 5 U.S.C.

605(b) that this temporary final rule will

not have a significant economic impact

on a substantial number of small

entities.

Collection of Information

This regulation contains no collection

of information requirements under the

Paperwork Reduction Act (44 U.S.C.

3501 et seq.).

Federalism

The Coast Guard has analyzed this

action in accordance with the principles

and criteria contained in Executive

Order 12612, and has determined that

this regulation does not raise sufficient

federalism implications to warrant the

preparation of a Federal Assessment.

Environment

The Coast Guard has considered the

environmental impact of this regulation

and in accordance with paragraph

2.B.2.e(35)(3) of Commandant

Instruction M16475.1B, the event is

deemed to be categorically excluded

from further environmental

documentation.

List of Subjects in 33 CFR Part 100

Marine safety, Navigation (water),

Records and recordkeeping

requirements, Waterways.

For the reasons set forth in the

preamble, the Coast Guard temporarily

amends part 100 of title 33, Code of

Federal Regulations, as follows:

PART 100—SAFETY OF LIFE ON

NAVIGABLE WATERS

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. In § 100.101, paragraph (b) is

suspended and a new paragraph (d) is

temporarily added to read as follows:

§ 100.101 Harvard-Yale Regatta, Thames

River, New London, CT.

* * * * *

(d) Effective period. This section is

effective between the hours of 3:30 p.m.

and 8 p.m. on June 10, 1995. If the races

scheduled for June 10, 1995 are

postponed, this section will be effective

between the hours of 6 a.m. and 9 a.m.

on June 11, 1995.

Dated: May 15, 1995.

J.L. Linnon,

Rear Admiral, U. S. Coast Guard,

Commander, First Coast Guard District.

[FR Doc. 95–13024 Filed 5–25–95; 8:45 am]

BILLING CODE 4910–14–M

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.

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
Federal Register / Vol. 60, No. 102 / Friday, May 26, 1995 / Rules and Regulations 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:

§ 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°51.5′N 080°58.2′W, thence to

41°52.4′N 080°53.4′W, thence to

41°53′N 080°53.4′W, thence to

41°52.2′N 080°58.2′W, thence to

41°51.5′N 080°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]

BILLING CODE 4910–14–M

33 CFR Part 165

[COTP Louisville 95–002]

RIN 2115–AA97

Safety Zone; Ohio River, Cincinnati,

OH

AGENCY: Coast Guard, DOT.

ACTION: Temporary rule.

SUMMARY: The Coast Guard is

establishing a temporary safety zone on

the Ohio River. The regulation is needed

to control commercial vessel traffic in

the regulated area while transiting

downbound at night during high water

conditions. The regulation will restrict

commercial navigation in the regulated

area for the safety of vessel traffic and

the protection of life and property along

the river.

EFFECTIVE DATES: This regulation is

effective on May 18, 1995, at 4 p.m.

edst. It will terminate at 6 p.m. edst, on

May 30, 1995, unless sooner terminated

by the Captain of the Port, Louisville,

Kentucky.

FOR FURTHER INFORMATION CONTACT:

LT Paul D. Thorne, Supervisor, Coast

Guard Marine Safety Detachment,

Cincinnati, Ohio at (513) 922–3820.

SUPPLEMENTARY INFORMATION:

Background and Purpose

The situation requiring this rule is

high water in the Ohio River in the

vicinity of Cincinnati, Ohio. The Ohio

River in the Cincinnati area is

hazardous to transit under the best

conditions. To transit the area, mariners

must navigate through several sweeping

turns and seven bridges. When the

water level in the Ohio River reaches 45

feet, on the Cincinnati gauge, river

currents increase and become very

unpredictable, making it difficult for

downbound vessels to maintain

steerageway. During hours of darkness

the background lights of the city of

Cincinnati hamper mariners’ ability to

maintain sight of the front of their tow.

The rule is intended to protect the

public and the environment, at night

during periods of high water, from a

potential hazard of large downbound

tows carrying hazardous material

through the regulated area.

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. Specifically, the

high water periods in the Cincinnati,

Ohio area are natural events which

cannot be predicted with any reasonable

accuracy. The Coast Guard deems it to

be in the public’s best interest to issue

a rule now, as the situation presents an

immediate hazard to navigation, life,

and property.

Regulatory Evaluation

This rule is not a significant

regulatory action under section 3(f) of