[Federal Register Volume 63, Number 138 (Monday, July 20, 1998)]
[Rules and Regulations]
[Pages 38752-38753]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-19180]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 100
[CGD08-98-040]
RIN 2115-AE46
Special Local Regulations; Cross River Swim Paducah Summerfest,
Ohio River Mile 934.5 to 936.0, Paducah, KY
AGENCY: Coast Guard, DOT.
ACTION: Temporary final rule.
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SUMMARY: Special local regulations are being adopted for the Cross
River Swim Paducah Summerfest on the Ohio River. This event will be
held on Sunday, July 19, 1998, between 1:30 p.m. and 3:30 p.m. on the
riverfront in Paducah, KY. These regulations are needed to provide for
the safety of life on navigable waters during the event.
DATES: These regulations become effective at 1:30 p.m. and terminate at
3:30 p.m. on July 19, 1998.
FOR FURTHER INFORMATION CONTACT: LTJG Tom Boyles, Coast Guard Marine
Safety Office, Paducah, Kentucky at (502) 442-1621.
SUPPLEMENTARY INFORMATION:
Drafting Information: The drafters of this regulation are LTJG Tom
Boyles, Project Officer, Coast Guard Marine Safety Office, Paducah,
Kentucky and LTJG Michele Woodruff, Project Attorney, Eighth Coast
Guard District Legal Office.
Regulatory History
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
in the Federal Register. Following normal rulemaking procedures would
have been impractical. The application to hold the event was not
received with sufficient time remaining to publish proposed rules in
advance of the event or to provide for a delayed effect date.
Background and Purpose
The marine event requiring this regulation is the Cross River Swim
Paducah Summerfest. Approximately twenty swimmers will participate in a
race across the Ohio River. Various recreational boats will also be
involved as each swimmer will be accompanied by a safety vessel.
Spectators will be able to view the event from areas designated by the
sponsor. This event is sponsored by the Paducah Summerfest.
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 the 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
rule to be so minimal that a full Regulatory Evaluation under paragraph
10e of the regulatory policies and procedures of DOT is unnecessary, as
this regulation will be in effect for approximately two hours in a
limited area of the Ohio River.
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 small businesses, not-for-profit organizations that
are independently owned and operated and are not dominant in their
field, and governmental jurisdictions with populations of less than
50,000.
Therefore, the Coast Guard certifies under section 605(b) that this
rule will not have a significant effect upon a substantial number of
small entities, because the regulation is in effect for approximately
eighteen hours in a limited part of the Ohio River.
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
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 Federalism implications to
warrant the preparation of a Federalism Assessment.
Environmental Assessment
The Coast Guard has considered the environmental impact of this
action consistent with section 2-1, paragraph (34)(h), Commandant
Instruction M16475.1C and has determined that this rule is
categorically excluded from further environmental documentation.
List of Subject in 33 CFR Part 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements. Waterways.
Temporary Regulation
In consideration of the foregoing, the Coast Guard amends Part 100
of Title 33, Code of Federal Regulations, 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-T08-040 is added to read as follows:
Sec. 100.35-T08-040 Special Local Regulation, Ohio River at Paducah,
Kentucky.
(a) Regulated Area: Ohio River Miles 934.5 to 936.0.
(b) Special Local Regulation: All persons and/or vessels not
registered with the sponsors as participants or official patrol vessels
are considered spectators. The ``official patrol'' consists of any
Coast Guard, public, state or local law enforcement and/or sponsor
[[Page 38753]]
provided vessels assigned to patrol the event.
(1) No spectators shall anchor, block, loiter in, or impede the
through transit of participants or official patrol vessels in the
regulated area during effective dates and times, unless cleared for
such entry by or through an official patrol vessel.
(2) When hailed and/or signaled by an official patrol vessel, a
spectator shall come to an immediate stop. Vessels shall comply with
all directions given; failure to do so may result in a citation.
(3) The Patrol Commander is empowered to control the movement of
all vessels in the regulated area. The Patrol Commander may terminate
the event at any time it is deemed necessary for the protections of
life and/or property and can be reached on VHF-FM Channel 16 by using
the call sign ``PATCOM''
(c) Dates: This section is effective at 1:30 p.m. and terminates at
3:30 p.m. on July 19, 1998.
Dated: July 7, 1998.
Fred J. Plute,
Rear Admiral, U.S. Coast Guard Commander, Eighth Coast Guard District.
[FR Doc. 98-19180 Filed 7-17-98; 8:45 am]
BILLING CODE 4910-15-M
