[Federal Register Volume 59, Number 117 (Monday, June 20, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-14878]


[[Page Unknown]]

[Federal Register: June 20, 1994]


-----------------------------------------------------------------------


DEPARTMENT OF TRANSPORTATION
33 CFR Part 100

[CGD02-94-029]
RIN 2115--AE46

 

Special Local Regulations; South Sioux Regatta Days, Missouri 
River Between Mile 731.0 and 754.0

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: A special local regulation is being adopted for the South 
Sioux River Day which will be held on the Missouri River near South 
Sioux City, Nebraska on June 25, 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.

EFFECTIVE DATE: This regulation becomes effective from 10 a.m. to 6 
p.m. local time on June 25, 1994.

FOR FURTHER INFORMATION CONTACT: LCDR J.O. Jaczinski, Chief, Boating 
Affairs Branch, Second Coast Guard District, 1222 Spruce Street, St. 
Louis, Missouri 63103-2832. The telephone number is (314) 539-3971, fax 
(314) 539-2685.

SUPPLEMENTARY INFORMATION:

Drafting Information

    The drafters of this regulation are LCDR J.O. Jaczinski, Project 
Officer, Second Coast Guard District, Boating Safety Division and LT S. 
Moody, Project Attorney, Second 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. 
Following normal rulemaking procedures would have been impractical. 
Specifically, the sponsor's late submission of the regatta application 
left insufficient time to publish a notice of proposed rulemaking in 
advance of the scheduled event. The Coast Guard deems it to be in the 
public's best interest to issue a regulation immediately.

Background and Purpose

    The South Sioux Regatta Days consists of a raft race. The event 
will begin at 10 a.m. and will end at 6 p.m. local time. 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 regulated area. The river will be closed during part or 
all of the effective period to all vessel traffic except 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 regulation 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 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 regulation 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.

Federalism Assessment

    Under the principles and criteria of Executive Order 12612, this 
regulation does not raise sufficient federalism implications to warrant 
the preparation of a Federalism Assessment.

Environmental Assessment

    Under section 2.B.2.c of Commandant Instruction M16475.1B, this 
regulation is categorically excluded from further environmental 
documentation.

List of Subjects in 33 CFR Part 100

    Marine safety, Navigation (water), Reporting and recordkeeping 
requirements, Waterways.

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-T02 029 is added, to read as follows:


Sec. 100.35-T02 029  Missouri River, near South Sioux City, Nebraska.

    (a) Regulated area. Missouri River from mile 731.0 to 754.0
    (b) Special local regulations.
    (1) Except for official regatta vessels and patrol craft 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, St. Louis, Missouri 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 10 a.m. to 
6 p.m. local time on June 25, 1994.

    Dated: June 9, 1994.
Frank M. Chliszczyk,
Captain, U.S. Coast Guard, Commander, Second Coast Guard District 
Acting.
[FR Doc. 94-14878 Filed 6-17-94; 8:45 am]
BILLING CODE 4910-14-M