[Federal Register Volume 63, Number 176 (Friday, September 11, 1998)]
[Rules and Regulations]
[Pages 48578-48579]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-24422]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 100
[CGD08-96-058]
RIN 2115-AE46
Special Local Regulations: City of Clarkville Riverfest;
Cumberland River mile 125.5 TO 127.0, Clarksville, TN
AGENCY: Coast Guard, DOT.
ACTION: Final rule.
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SUMMARY: Special local regulations are being adopted for the City of
Clarksville Riverfest. This event will be held on September 13, 1998
from 9 a.m. until 5 p.m. at the riverfront in Clarksville, TN. These
regulations are needed to provide for the safety of life on navigable
waters during the event.
EFFECTIVE DATE: These regulations are effective from 9 a.m. until. 5
p.m. on September 13, 1998.
FOR FURTHER INFORMATION CONTACT: LTJG Tom Boyles, Marine Safety Office
Paducah, KY. Tel: (502) 442-1621 ext. 310.
SUPPLEMENTARY INFORMATION:
Drafting Information
The drafters of this regulation are LTJG Tom Boyles, Project
Officer, Marine Safety Office Paducah, 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 rule making
for these regulations has not been published, and good cause exists for
making them effective in less than 30 days from the date of
publication. Following normal rule making procedures would have
[[Page 48579]]
been impracticable. The details of the event were not finalized with
sufficient time remaining to publish proposed rules in advance of the
event or to provide for a delayed effective date.
Background and Purpose
The marine event requiring this regulation is the Riverfest
powerboat/pylon races on the river. Event sponsors expect between
25,000 and 50,000 spectators. The City of Clarksville sponsors this
event. Spectators will be able to view the event from areas designated
by the sponsor.
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 2-1, paragraph (34)(h) of Commandant
Instruction M16475.1C this rule is excluded from further environmental
documentation.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements.
Temporary Regulations
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 Sec. 100.35-T08-058 is added to read as follows:
Sec. 100.35-T08-058 Cumberland River at Clarksville, Tennessee.
(a) Regulated Area: A regulated area is established on all waters
of the Cumberland River between mile 125.5 and mile 127.0.
(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
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 forbid and 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
protection of life and/or property and can be reached on VHF-FM Channel
16 by using the call sign ``PATCOM''.
(c) Effective Date: This section is effective on September 13, 1998
from 9 a.m. until 5 p.m.
Dated: August 27, 1998.
Paul J. Pluta,
Rear Admiral, U.S. Coast Guard Commander, Eighth Coast Guard District.
[FR Doc. 98-24422 Filed 9-10-98; 8:45 am]
BILLING CODE 4910-15-M
