[Federal Register Volume 59, Number 83 (Monday, May 2, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-10443]
[[Page Unknown]]
[Federal Register: May 2, 1994]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 100
[CGDO2-94-019]
RIN 2115-AE46
Memphis in May Sunset Symphony, Lower Mississippi River
AGENCY: Coast Guard, DOT.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes adopting a regulation for the Memphis
in May Sunset Symphony which will be held on the Lower Mississippi
River near Memphis, Tennessee on May 28, 1994. This regulation is
needed to control vessel traffic in the immediate vicinity of the
event. The regulation will restrict general navigation in the regulated
area for the safety of spectators, participants and through traffic.
DATES: Comments must be received on or before May 23, 1994.
ADDRESSES: Comments may be mailed to Commander (bb), Second Coast Guard
District, 1222 Spruce Street, St. Louis, MO 63103-2832, Attention:
Docket CGD2-94-019. Comments may also be delivered to room 2.202C at
the above address between 7 a.m. and 3 p.m., Monday through Friday,
except Federal holidays. For information concerning comment the
telephone number is (314) 539-3971.
The Boating Safety Division, Second Coast Guard District, maintains
the public docket for this rulemaking. Comments will become part of
this docket and will be available for inspection or copying in room
2.202C at the above address.
FOR FURTHER INFORMATION CONTACT: LCDR J. O. Jaczinski, Boating Safety
Division, Second Coast Guard District, (314) 539-3971.
SUPPLEMENTARY INFORMATION:
Request for Comments
The Coast Guard encourages interested persons to participate in
this rulemaking by submitting written data, views, or arguments.
Persons submitting comments should include their names and addresses,
identify this rulemaking [CGD2-94-019], identify the specific section
of this proposal to which each comment applies, and give the reason for
each comment. Each person who wants an acknowledgment of the receipt of
comments should enclose a stamped, self-addressed postcard or envelope.
The Coast Guard will consider all comments received during the
comment period. The Coast Guard may change the proposal in view of the
comments.
The Coast Guard does not plan to hold a public hearing. Persons may
request a public hearing by writing to the Docket Clerk at the address
under ADDRESSES. If the Coast Guard determines that the opportunity to
make oral presentations will aid this rulemaking, the Coast Guard will
hold a public hearing at a time and place announced by a later notice
in the Federal Register.
The comment period for this regulation has been shortened to 20
days because the application was not received in time to allow for the
normal 60 day comment period. The Coast Guard has determined that
because of the local nature of this event and the limited duration of
the required closure of the river, 30 days will be a sufficient period
of time to receive and review any comments.
Drafting Information
The principal persons involved in drafting this document are LCDR
J. O. Jaczinski, Project Officer, Second Coast Guard District, Boating
Safety Division and LCDR A. O. Denny, Project Attorney, Second Coast
Guard District Legal Office.
Background and Purpose
The Memphis in May Sunset Symphony begins at 12 noon and will end
at approximately 10 p.m. The event consists of an orchestra performance
by the Memphis Symphony, followed by 10 to 12 minutes of fireworks over
the river at the conclusion of the evening. In order to provide for the
safety of spectators and participants, and for the safe passage of
through traffic, the Coast Guard will restrict vessel movement in the
regatta area, immediately before and during the fireworks display. The
river will be closed from 8 p.m. to 10 p.m., local time, to all vessel
traffic except participants, official regatta vessels, and patrol
craft. These regulations are issued pursuant to 33 U.S.C. 1233 and 33
CFR 100.35.
Regulatory Evaluation
This proposal is not a significant regulatory action under
Executive Order 12866 and is not significant under Department of
Transportation Regulatory Policies and Procedures (44 FR 11040;
February 26, 1979), it will not have a significant economic impact on a
substantial number of small entities, and it contains no collection of
information requirements.
A full regulatory analysis is unnecessary because the Coast Guard
expects the impact of this regulation to be minimal due to its short
duration.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the
Coast Guard must consider whether this proposal will have a significant
impact on a substantial number of small entities. ``Small entities''
include independently owned and operated small business 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).
Because it expects the impact of this proposal to be minimal, the
Coast Guard certifies under 5 U.S.C. 605(b) that this proposal, if
adopted, will not have a significant impact on a substantial number of
small entities. If however, you think that your business qualifies as a
small entity and that this proposal will have a significant economic
impact on your business, please submit a comment (see ADDRESSES)
explaining why you think your business qualifies and in what way and to
what degree this proposal will economically affect your business.
Collection of Information
This proposal 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 proposal in accordance with the
principles and criteria contained in Executive Order 12612 and has
determined that this proposal does not have sufficient federalism
implications to warrant the preparation of a Federalism Assessment.
Environment
The Coast Guard considered the environmental impact of this
proposal and concluded that under section 2.B.2 of Commandant
instruction M16475.1B, this regulation is categorically excluded from
further environmental documentation because promulgation of changes to
the regulations have been found to not have a significant effect on
human environment. A Categorical Exclusion Determination is available
in the docket for inspection or copying where indicated under
ADDRESSES.
List of Subjects in 33 CFR Part 100
Marine Safety, Navigation (Water), Records and recordkeeping
requirements, Waterways.
Proposed Regulations
In consideration of the foregoing, the Coast Guard proposes to
amend part 100 of title 33, Code of Federal Regulations, as follows:
PART 100--[AMENDED]
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 Sec. 100.35 T02-019 is added, to read as follows:
Sec. 100.35 T02-019 Lower Mississippi River, Memphis, Tennessee.
(a) Regulated area. Lower Mississippi River from mile 736.0 to
736.5.
(b) Special local regulations. (1) Except for participants in the
Memphis in May Sunset Symphony, no person or vessel may enter or remain
in the regulated area without permission of the Patrol Commander.
(2) The Coast Guard Patrol Commander will be a commissioned or
petty officer designated by the Commanding Officer, Marine Safety
Office Memphis, Tennessee and may be contacted, during the event, on
channel 16 (156.8 MHZ) by the call sign ``Coast Guard Patrol
Commander.'' The Patrol Commander may:
(i) Direct the anchoring, mooring, or movement of any vessel within
the regulated area;
(ii) Restrict vessel operation within the regulated area to vessels
having particular operating characteristics;
(iii) Terminate the marine event or the operation of any vessel
when necessary for the protection of life and property; and
(iv) Allow vessels to transit the regulated area whenever an event
is not being conducted and the transit can be completed before another
event begins.
(3) Coast Guard commissioned or petty officers will patrol the
event on board patrol vessels which display the Coast Guard Ensign. If
radio or other voice communications are not available to communicate
with a vessel, they will use a series of sharp, short blasts by whistle
or horn to signal the operator of any vessel in the vicinity of the
regulated area to stop. When signaled, the operator of any vessel in
the immediate vicinity of the regulated area shall stop the vessel
immediately and shall proceed as directed.
(4) Vessels desiring to transit the regulated area may do so only
with the prior approval and direction of the Patrol Commander.
(5) The Patrol Commander will terminate enforcement of this section
at the conclusion of the marine event if earlier than the announced
termination time.
(c) Effective date. This section becomes effective from 8 p.m. to
10 p.m. local time on May 28, 1994.
Dated: April 15, 1994.
Paul M. Blayney,
Rear Admiral, U.S. Coast Guard Commander, Second Coast Guard District.
[FR Doc. 94-10443 Filed 4-29-94; 8:45 am]
BILLING CODE 4910-14-M
