[Federal Register: October 8, 2003 (Volume 68, Number 195)]
[Rules and Regulations]
[Page 58013-58015]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08oc03-4]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[CGD08-03-036]
RIN 1625-AA08
Special Local Regulations for Marine Events; Ohio River, Miles
467.0 to 475.0 and Licking River, Miles 0.0 to 0.5; Cincinnati, OH
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing temporary special local
regulations during the ``2003 Tall Stacks Heritage Festival'', a marine
event to be held from October 14, 2003 until October 20, 2003, on the
waters of the Ohio River beginning at mile marker 467.0 and ending at
mile marker 475.0, and on the waters of the Licking River beginning at
mile marker 0.0 and ending at mile marker 0.5. These temporary special
local regulations are necessary to provide for the safety of life on
navigable waters during the event. This action is intended to control
vessel traffic along portions of the Ohio and Licking Rivers during the
event.
DATES: This rule is effective from 8 a.m. on October 14, 2003 until 1
p.m. on October 20, 2003.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket [CGD08-03-036] and are available for
inspection or copying at Commander, Eighth Coast Guard District (m),
Hale Boggs Federal Bldg., 501 Magazine Street, Room 1341, New Orleans,
LA 70130 between 8 a.m. and 3:30 p.m., Monday through Friday, except
Federal holidays.
FOR FURTHER INFORMATION CONTACT: Lieutenant (LT) Kevin Lynn, Project
Manager for the Eighth Coast Guard District Commander, Hale Boggs
Federal Bldg., 501 Magazine Street, New Orleans LA 70130, telephone
(504) 589-6271.
SUPPLEMENTARY INFORMATION:
Regulatory Information
We did not publish a notice of proposed rulemaking (NPRM) for this
regulation. Under 5 U.S.C. 553 (b)(B), the Coast Guard finds that good
cause exists for not publishing an NPRM, and under 5 U.S.C. 553 (d)(3),
good cause exists for making this rule effective less than 30 days
after publication in the Federal Register. Publishing an NPRM and
delaying its effective date would be contrary to public interest since
immediate action is needed to protect vessels and mariners from the
hazards associated with the ``2003 Tall Stacks Heritage Festival''.
This festival is expected to attract over 25,000 waterborne spectators,
17 paddle wheel vessels, hereafter referred to as participant vessels,
and daily shoreside spectators in excess of 200,000. The potential for
vessel collisions and damage to moored vessels is high. These temporary
special local regulations will reduce the potential for collisions and
damage by limiting the speed that vessels may transit through the
regulated area.
Background and Purpose
Commencing on October 14, 2003 and lasting until October 20, 2003,
the Greater Cincinnati Tall Stacks Commission will sponsor the ``2003
Tall Stacks Heritage Festival'', on the waters of the Ohio River
beginning at mile marker 467.0 and ending at mile marker 475.0 and on
the waters of the Licking River beginning at mile marker 0.0 and ending
at mile marker 0.5. The event will involve 17 participant vessels which
will conduct excursions, races, parades and moored tours. Over 25,000
waterborne spectators are anticipated. Over 200,000 daily shoreside
spectators are anticipated. In order to preserve the
[[Page 58014]]
safety of the participant vessels, recreational vessels and shoreside
spectators, temporary special local regulations are needed to control
vessel traffic during the event. Vessel traffic will be temporarily
restricted to provide for this safety. Vessels entering into the
regulated area described in this rule are only authorized to do so at a
no wake speed. Commercial towing vessels shall transit at the slowest
safe speed to maintain steerageway and minimize wake. All vessels
within the regulated area shall not anchor, loiter, impede participant
vessels or pass within 20 feet of a moored participant vessel. The
operator of any vessel in the regulated area shall stop the vessel
immediately when directed to do so by any Coast Guard Patrol Commander
and proceed as directed by any Coast Guard Patrol Commander.
Regulatory Evaluation
This rule is not a ``significant regulatory action'' under section
3(f) of Executive Order 12866, Regulatory Planning and Review, 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 Homeland
Security (DHS).
We expect the economic impact of this rule to be so minimal that a
full Regulatory Evaluation under the regulatory policies and procedures
of DHS is unnecessary.
This regulated area has been narrowly tailored to impose the least
impact on general navigation yet provide the level of safety deemed
necessary. This rule only prevents traffic from transiting within 20
feet of a moored participant vessel and does not otherwise effect a
closure of the Ohio and Licking Rivers. All commercial, spectator and
recreational vessels will be allowed to transit through the regulated
area provided that they are in compliance with these temporary special
local regulations. The effect of this rule will not be significant due
to the limited duration that the regulated area will be in effect and
the extensive advance notifications that will be made to the maritime
community via Local Notice to Mariners and marine information
broadcasts.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. The term ``small entities''
comprises small businesses, not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will
not have a significant economic impact on a substantial number of small
entities. This rule will affect the following entities, some of which
may be small entities: the owners or operators of recreational and
commercial towing vessels intending to transit the Ohio River beginning
at mile marker 467.0 and ending at mile marker 475.0 and the Licking
River beginning at mile marker 0.0 and ending at mile marker 0.5, from
8 a.m. on October 14, 2003 until 1 p.m. on October 20, 2003.
This rule will not have a significant economic impact on a
substantial number of small entities for the following reasons. This
rule will be in effect for only a short period of time. All commercial,
spectator and recreational vessels will be allowed to transit through
the regulated area provided that they are in compliance with these
temporary special local regulations. Before the effective period, we
will notify the maritime community through Local Notice to Mariners and
marine information broadcasts.
If you are a small business entity and are significantly affected
by this regulation please contact LT Kevin Lynn, Project Manager for
the Eighth Coast Guard District Commander, Hale Boggs Federal Bldg.,
501 Magazine Street, New Orleans LA 70130, telephone (504) 589-6271.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offered to assist small
entities in understanding the rule so that they could better evaluate
its effects on them and participate in the rulemaking process. Small
businesses may send comments on the actions of Federal employees who
enforce, or otherwise determine compliance with, Federal regulations to
the Small Business and Agriculture Regulatory Enforcement Ombudsman and
the Regional Small Business Regulatory Fairness Boards. The Ombudsman
evaluates these actions annually and rates each agency's responsiveness
to small business. If you wish to comment on actions by employees of
the Coast Guard, call 1-888-REG-FAIR (1-888-734-3247).
Collection of Information
This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a state, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 or more in any
one year. Though this rule will not result in such an expenditure, we
do discuss the effects of this rule elsewhere in this preamble.
Taking of Private Property
This rule will not effect a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.
Indian Tribal Governments
This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and
[[Page 58015]]
responsibilities between the Federal Government and Indian tribes.
Energy Effects
We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not determined it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Environment
We have analyzed this rule under Commandant Instruction M16475.1D,
which guides the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have concluded that there are no factors in this case that would limit
the use of a categorical exclusion under section 2.B.2 of the
Instruction. Therefore, this rule is categorically excluded, under
figure 2-1, paragraph (34)(h), of the Instruction, from further
environmental documentation. Paragraph (34)(h) states that special
local regulations issued in conjunction with a regatta or marine parade
permit are specifically excluded from further analysis and
documentation.
Under figure 2-1, paragraph (34)(h), of the Instruction, an
``Environmental Analysis Check List'' and a ``Categorical Exclusion
Determination'' are not required for this rule.
List of Subjects in 33 CFR Part 100
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Waterways.
0
For the reasons discussed in the preamble, the Coast Guard amends 33
CFR part 100 as follows:
PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS
0
1. The authority citation for part 100 continues to read as follows:
Authority: 33 U.S.C. 1233; Department of Homeland Security
Delegation No. 0170.1.
0
2. A new temporary Sec. 100.35T-08-803 is added to read as follows:
Sec. 100.35T-08-803 Ohio River, Miles 467.0 to 475.0 and Licking
River, Miles 0.0 to 0.5; Cincinnati, OH.
(a) Definitions.
Coast Guard Patrol Commander means a commissioned, warrant, or
petty officer of the Coast Guard who has been designated by the Captain
of the Port Louisville.
Participant means all vessels participating in the ``2003 Tall
Stacks Heritage Festival'' under the auspices of the Marine Event
Permit issued to the event sponsor and approved by the Captain of the
Port Louisville.
Regulated area means the waters of the Ohio River beginning at mile
marker 467.0 and ending at mile marker 475.0, and the waters of the
Licking River beginning at mile marker 0.0 and ending at mile marker
0.5.
(b) Special local regulations. (1) All vessels entering into the
regulated area are only authorized to do so at a no wake speed.
(2) Commercial towing vessels shall transit through the regulated
area at the slowest safe speed to maintain steerageway and minimize
wake.
(3) All vessels within the area shall not anchor, loiter, impede
participant vessels or pass within 20 feet of a moored participant
vessel.
(4) The operator of any vessel in the regulated area shall:
(i) Stop the vessel immediately when directed to do so by any Coast
Guard Patrol Commander.
(ii) Proceed as directed by any Coast Guard Patrol Commander.
(c) Effective date. This section is effective from 8 a.m. on
October 14, 2003 until 1 p.m. on October 20, 2003.
Dated: September 18, 2003.
R.F. Duncan,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 03-25413 Filed 10-7-03; 8:45 am]
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