[Federal Register Volume 62, Number 97 (Tuesday, May 20, 1997)]
[Rules and Regulations]
[Pages 27499-27500]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-13197]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD08-97-015]
RIN 2115-AE46


Special Local Regulations; Memphis in May Sunset Symphony Lower 
Mississippi River Mile 735.0-736.0, Memphis, TN

AGENCY: Lower Mississippi River, DOT.

ACTION: Final rule.

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SUMMARY: Special local regulations are being adopted for the Memphis in 
May Sunset Symphony. This event will be held on May 24, 1997, from 7:00 
p.m. until 9:30 p.m. at Memphis, TN. These regulations are needed to 
provide for the safety of life on navigable waters during the event.

EFFECTIVE DATES: These regulations are effective from 7 p.m. to 9:30 
p.m. on May 24, 1997.

FOR FURTHER INFORMATION CONTACT: CWO4 Frank E. Janes, Assistant Chief, 
Port Operations Department, USCG Marine Safety Office, Memphis, 
Tennessee at (901) 544-3941, ext. 226.

SUPPLEMENTARY INFORMATION:

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 be 
impracticable. The details of the event were not finalized in 
sufficient time to publish proposed rules in advance of the event or to 
provide for a delayed effective date. Nevertheless, interested persons 
wishing to comment may do so by submitting written views, data, or 
arguments. Individuals wishing to comment should include their name and 
address, identify this notice (CGD08-97-015) and the specific section 
of the proposal to which the comments apply, and give reasons for each 
comment. Receipt of comments will be acknowledged if a stamped self-
addressed envelope is enclosed.

Background and Purpose

    The marine event requiring this regulation is a pyrotechnic 
display. The event is sponsored by the Memphis in May International 
Festival, Inc. The Memphis in May Sunset Symphony fireworks display in 
the Lower Mississippi River at approximately mile 735.0-736.0.

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.

Small Entities

    The Coast Guard finds that the impact on small entities, if any, is 
not substantial. The temporary rule occurs at night, during minimal 
usage of the river by small entities, and will hinder few, if any, 
vessels for a short period. 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.

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.

Environment 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 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-T08-015 is added to read as follows:


Sec. 100.35-T08-015  Lower Mississippi River at Memphis, TN.

    (a) Regulated Area: Lower Mississippi River Mile 735.0-736.0.
    (b) Special Local Regulation: All persons and/or vessels not 
registered with the sponsors as participants or official patrol vessels 
are considered spectators. ``Participants'' are those persons and/or 
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/or sponsor provided vessel assigned to patrol the 
event. The Coast Guard ``Patrol Commander'' is a Coast Guard 
commissioned, warrant, or petty officer who has been designated by 
Commanding Officer, Coast Guard Marine Safety Office Memphis.

[[Page 27500]]

    (1) No vessel 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 Dates; These regulations will be effective from 7 
p.m. to 9:30 p.m. local time May 24, 1997.

    Dated: April 30, 1997.
T.W. Josiah,
Rear Admiral, U.S. Coast Guard Commander, Eighth Coast Guard District.
[FR Doc. 97-13197 Filed 5-19-97; 8:45 am]
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