[Federal Register Volume 62, Number 162 (Thursday, August 21, 1997)]
[Rules and Regulations]
[Pages 44410-44411]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-22140]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 100
[CGD08-97-026]
RIN 2115-AE46
Special Local Regulation; Riverfest, Cumberland River Mile 126.5
to 128.5, Clarksville, Tennessee
AGENCY: Coast Guard, DOT.
ACTION: Temporary final rule.
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SUMMARY: A temporary special local regulation is being adopted for the
Riverfest. This event will be held on September 7, 1997 from 8 a.m.
until 6 p.m. at the riverfront in Clarksville, Tennessee. This
regulation is needed to provide for the safety of life on navigable
waters during the event.
EFFECTIVE DATE: This temporary regulation is effective from 8 a.m.
until 6 p.m. on September 7, 1997.
FOR FURTHER INFORMATION CONTACT: LTJG Tom Tarrants, Marine Safety
Office, Paducah, KY Tel: (502) 442-1621.
SUPPLEMENTARY INFORMATION:
Regulatory History
In accordance with 5 U.S.C. 553, a notice of proposed rulemaking
for this regulation has not been published, 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 details of the event were not finalized until July 24, 1997, 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.
Background and Purpose
The marine event requiring this regulation includes boat drag races
on the Cumberland River. The event is sponsored by the City of
Clarksville. Spectators will be able to view the event from areas
designated by the sponsor. Non-participating vessels will be able to
transit the area after each race has ended.
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 not been reviewed 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
because of the event's short duration.
Small Entities
The Coast Guard finds that the impact on small entities, if any, is
not substantial. Therefore, the Coast Guard certifies under section
605(b) of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) that
this temporary rule will not have a significant economic impact on a
substantial number of small entities because of the event's short
duration.
Collection of Information
This rule contains no information collection requirements under the
Paperwork Reduction Act (44 U.S.C. 3501 et seq.).
Federalism Assessment
The Coast Guard has analyzed this action in accordance with the
principles and criteria of Executive Order 12612 and has determined
that this rule does not raise sufficient federalism implications to
warrant the preparation of a Federalism Assessment.
Environmental Assessment
The Coast Guard considered the environmental impact of this rule
and concluded that under section 2.B.2.C. of Commandant Instruction
M16475.1B (as revised by 61 FR 13563; March 27, 1996), this rule is
categorically excluded from further environmental documentation.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements.
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-T08-026 is added to read as follows:
Sec. 100.35-T08-026 Cumberland River, Clarksville, Tennessee.
(a) Regulated Area: Cumberland River Mile 126.5 to 128.5.
(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
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 comply may result in the issuance of a
citation.
(3) The Coast Guard Patrol Commander is empowered to forbid and
control the movement of all vessels in the regulated area. The Patrol
Commander may terminate the event at
[[Page 44411]]
any time it is deemed necessary for the protection of life and/or
property. The Patrol Commander can be reached on VHF-FM Channel 16 by
using the call sign ``PATCOM''.
(c) Effective Date: This regulation will be effective on September
7, 1997 from 8 a.m. until 6 p.m.
Dated: August 1, 1997.
T.W. Josiah,
Rear Admiral, U.S. Coast Guard Commander, Eighth Coast Guard District.
[FR Doc. 97-22140 Filed 8-20-97; 8:45 am]
BILLING CODE 4910-14-M
