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
27888 Federal Register / Vol. 60, No. 102 / Friday, May 26, 1995 / Rules and Regulations

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 under

the regulatory policies and procedures

of the Department of Transportation

(DOT) (44 FR 11040; February 26, 1979).

Because the duration of this emergency

situation is anticipated to be short, 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.

To avoid any unnecessary adverse

economic impact on businesses which

use the river for commercial purposes,

Captain of the Port, Louisville,

Kentucky will monitor river conditions

and will authorize entry of restricted

vessels into the regulated area as

conditions permit. Changes will be

announced by Marine Safety

Information Radio broadcast (Broadcast

Notice to Mariners) on VHF marine

band radio, channel 22 (157.1 MHZ).

Mariners may also call LT Paul D.

Thorne, Supervisor, Coast Guard Marine

Safety Detachment, Cincinnati, Ohio at

(513) 922–3820 for current information.

Collection of Information

This rule contains no collection of

information requirements under the

Paperwork Reduction Act (44 U.S.C.

3501 et seq.)

Federalism Assessment

The Coast Guard has analyzed this

rule under the principles and criteria

contained in Executive Order 12612 and

has determined that it does not raise

sufficient federalism implications to

warrant the preparation of a Federalism

Assessment.

Environment

The Coast Guard considered the

environmental impact of this rule and

concluded that, under section 2.B.2. of

Commandant Instruction M16475.1B,

this rule is categorically excluded from

further environmental documentation.

Lists of Subjects in 33 CFR Part 165

Harbors, Marine safety, Navigation

(water), Reporting and recordkeeping

requirements, Security measures,

Waterways.

For the reasons set out in the

preamble, the Coast Guard amends 33

CFR Part 165 as follows:

PART 165—[AMENDED]

1. The authority citation for Part 165

continues to read as follows:

Authority: 33 U.S.C. 1231; 50 U.S.C. 191;

33 CFR 1.05–1(g), 6.04–1, 6.04–6, and 160.5;

49 CFR 1.46.

2. A new temporary § 165.T02–008 is

added, to read as follows:

§ 165.T02–008 Safety Zone: Ohio River,

Cincinnati, OH.

(a) Location. The following area is a

safety zone: The Ohio River between

miles 468.5 and 473.0.

(b) Effective Dates. This section

becomes 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.

(c) Regulations. In accordance with

the general regulations of § 165.23 of

this part, entry into this zone by all

downbound vessels towing cargoes

regulated by Title 46, Code of Federal

Regulations, Subchapters D and O, with

a tow length exceeding 600 feet,

excluding the tow boat, is prohibited

from one-half hour before sunset to onehalf hour after sunrise. The Captain of

the Port will notify the maritime

community of river conditions affecting

the area covered by this safety zone by

Marine Safety Information Radio

Broadcast on VHF Marine Band Radio,

Channel 22 (157.1 MHZ).

Dated: May 18, 1995.

W.J. Morani, Jr.,

Captain, U.S. Coast Guard, Captain of the

Port, Louisville, Kentucky.

[FR Doc. 95–13027 Filed 5–25–95; 8:45 am]

BILLING CODE 4910–14–M

33 CFR Part 165

[COTP Paducah 95–001]

RIN 2115–AA97

Safety zone; Tennessee River, Mile

161.5 to 162.5

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

SUMMARY: The Coast Guard is

establishing a temporary safety zone on

the Tennessee River from mile 161.5 to

162.5. The zone is needed to protect life

and property during the salvage of a

highway bridge that collapsed into the

river. The regulation restricts navigation

into the zone.

EFFECTIVE DATE: This regulation

becomes effective at 9:30 a.m. on May

19, 1995 and terminates at 8 p.m. on

June 30, 1995.

FOR FURTHER INFORMATION CONTACT:

LTJG Patrick S. Reilly, Operations

Officer, Captain of the Port, Paducah,

Kentucky at (502) 442–1621.

SUPPLEMENTARY INFORMATION:

Background and Purpose

The situation requiring this rule is the

reduction of the navigation channel at

mile 161.9 on the Tennessee River due

to the collapsing of a highway over the

river. Construction equipment will be

onscene to remove the obstruction to

navigation and the remainder of the

bridge in the water has reduced a

navigable channel to approximately 150

feet. The rule is intended to limit

commercial tows to no more than three

barges long by one barge wide and to

require tows to use the assist tug

provided by the bridge construction

company. Commercial tows can transit

the safety zone only during daylight

hours. Light commercial boats and

recreational vessels will be allowed to

transit the zone twenty four hours, but

must contact the Coast Guard

representative onscene for transiting

instructions. All vessels must contract

Coast Guard representative onsence via

VHF–FM channel 13 or 16 for passing

instructions.

In accordance with 5 U.S.C. 553, a

notice of proposed rulemaking was not

published for this rule and good cause

exists for making it effective in less than

30 days after Federal Register

publication. Following normal

rulemaking procedures would have

been impracticable. Publication of a

notice of proposed rulemaking and

delay of effective date would be

contrary to the public interest because

immediate action is necessary to

prevent injury to human life or damage

to property of vessels that would be

transiting the area.

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. It has been exempted from review

by the Office of Management and

Budget under that order. It is not 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 proposal 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 short duration of the

closure.