[Federal Register Volume 61, Number 168 (Wednesday, August 28, 1996)]
[Rules and Regulations]
[Page 44161]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-21932]



[[Page 44161]]

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DEPARTMENT OF TRANSPORTATION
33 CFR Part 100

[CGD08-96-039]
RIN 2115-AE46


Special Local Regulations; Mississippi Blackhawks Water Ski Show 
Upper Mississippi River Mile 633.0-634.0, McGregor, IA

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: Special local regulations are being adopted for the 
Mississippi Blackhawks Water Ski Show. This event will be held on 
August 31, 1996 at McGregor, Iowa. These regulations are needed to 
provide for the safety of life on navigable waters during the event.

EFFECTIVE DATE: These regulations are effective from 1:30 p.m. to 4 
p.m. local time on August 31, 1996.

FOR FURTHER INFORMATION CONTACT: SCPO J.R. Van Reese, U.S. Coast Guard, 
Marine Safety Detachment, P.O. Box 65428, St. Paul, MN 55165-0428. Tel: 
(612) 290-3991.

SUPPLEMENTARY INFORMATION:

Regulatory History

    In accordance with 5 U.S.C. 553, a notice of proposed rulemaking 
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 rulemaking procedures would have been 
impracticable. Specifically, the details of the event were not 
finalized until August 5, 1996, and there was not 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 a water ski show 
consisting of large acts involving up to twenty performers. The event 
is sponsored by the McGregor Chamber of Commerce. Spectators are to 
maintain a safe distance which will be determined by event sponsor and 
controlled by Coast Guard patrol commander.

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 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.

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.

Small Entities

    The Coast Guard finds that because of the event's short duration 
the impact on small entities, if any, is not significant. Therefore, 
the Coast Guard under section 605(b) of the Regulatory Flexibility Act 
(5 U.S.C. 601 et. seq.) certifies that this temporary rule will not 
have a significant economic impact on a substantial number of small 
entities.

Collection of Information

    This rule contains no information collection requirements under the 
Paperwork Reduction Act (44 U.S.C. 3501 et. seq.).

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 
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 forgoing, 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.

    2. A temporary section 100.35-T08-039 is added to read as follows:


Sec. 100.T08-35-039  Upper Mississippi River near McGregor, Iowa.

    (a) Regulated Area. Upper Mississippi River mile 633.0-634.0.
    (b) Special Local Regulation: All persons and vessels not 
registered with the sponsors as participants or official patrol vessels 
are considered spectators. ``Participants'' are those persons and 
vessels identified by the sponsor as taking part in the event. The 
``official patrol'' consists of any Coast Guard, public, state or local 
law enforcement and 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 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 or property and can be reached on VHF-FM Channel 16 
by using the call sign ``PATCOM''.
    (c) Effective Date: This section is effective from 1:30 p.m. to 4 
p.m. local time on August 31, 1996.

    Dated: August 8, 1996.
T.W. Josiah,
Rear Admiral, U.S. Coast Guard Commander, Eighth Coast Guard District.
[FR Doc. 96-21932 Filed 8-27-96; 8:45 am]
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