[Federal Register Volume 60, Number 108 (Tuesday, June 6, 1995)]
[Rules and Regulations]
[Pages 29757-29758]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-13773]



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DEPARTMENT OF TRANSPORTATION
33 CFR Part 100

[CGD02-95-036]
RIN 2115-AE46


Special Local Regulations; Mississippi Belle II 4th Anniversary 
Upper Mississippi River Mile 518.5 and 519.0

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: A special local regulation is being adopted for the 
Mississippi Belle II 4th Anniversary which will be held on the Upper 
Mississippi River near Clinton, Iowa on June 12, 1995. This rule 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 is effective from 10 p.m. to 11 p.m. 
local time on June 12, 1995.

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. [[Page 29758]] 

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 rule 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. 
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 Mississippi Belle II 4th Anniversary consists of a fireworks 
display. The fireworks will begin at 10 p.m. local time on June 12, 
1995 and will end at 10:30 p.m. The river will be closed from 10 p.m. 
local time and will reopen 11 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 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 been exempted from review by the Office of Management and Budget 
under that order. It is not 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.

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 59 FR 38654; July 29, 1994) this rule is 
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 section 100.35.T02-036 is added, to read as follows:


Sec. 100.35-T02-036  Upper Mississippi River near Clinton, Iowa.

    (a) Regulated area. Upper Mississippi River mile 518.5 to 519.0.
    (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.
    (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 is effective from 10 p.m. to 11 
p.m. local time on June 12, 1995.

    Dated: May 24, 1995.
Frank M. Chliszczyk,
Captain, U.S. Coast Guard, Commander, Second Coast Guard District 
Acting.
[FR Doc. 95-13773 Filed 6-5-95; 8:45 am]
BILLING CODE 4910-14-M