[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]
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