[Federal Register Volume 62, Number 162 (Thursday, August 21, 1997)]
[Rules and Regulations]
[Pages 44410-44411]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-22140]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD08-97-026]
RIN 2115-AE46


Special Local Regulation; Riverfest, Cumberland River Mile 126.5 
to 128.5, Clarksville, Tennessee

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: A temporary special local regulation is being adopted for the 
Riverfest. This event will be held on September 7, 1997 from 8 a.m. 
until 6 p.m. at the riverfront in Clarksville, Tennessee. This 
regulation is needed to provide for the safety of life on navigable 
waters during the event.

EFFECTIVE DATE: This temporary regulation is effective from 8 a.m. 
until 6 p.m. on September 7, 1997.

FOR FURTHER INFORMATION CONTACT: LTJG Tom Tarrants, Marine Safety 
Office, Paducah, KY Tel: (502) 442-1621.

SUPPLEMENTARY INFORMATION:

Regulatory History

    In accordance with 5 U.S.C. 553, a notice of proposed rulemaking 
for this regulation has not been published, 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. 
The details of the event were not finalized until July 24, 1997, and 
there was not sufficient time remaining to publish a proposed rule in 
advance of the event or to provide for a delayed effective date.

Background and Purpose

    The marine event requiring this regulation includes boat drag races 
on the Cumberland River. The event is sponsored by the City of 
Clarksville. Spectators will be able to view the event from areas 
designated by the sponsor. Non-participating vessels will be able to 
transit the area after each race has ended.

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 not been reviewed 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.

Small Entities

    The Coast Guard finds that the impact on small entities, if any, is 
not substantial. 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 because of the event's short 
duration.

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.

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 
categorically excluded from further environmental documentation.

List of Subjects in 33 CFR Part 100

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

Temporary Regulation

    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-T08-026 is added to read as follows:


Sec. 100.35-T08-026  Cumberland River, Clarksville, Tennessee.

    (a) Regulated Area: Cumberland River Mile 126.5 to 128.5.
    (b) Special Local Regulation: All persons and/or vessels not 
registered with the sponsors as participants or official patrol vessels 
are considered spectators. The ``official patrol'' consists of any 
Coast Guard, public, state or local law enforcement and/or 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 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 comply may result in the issuance of a 
citation.
    (3) The Coast Guard 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

[[Page 44411]]

any time it is deemed necessary for the protection of life and/or 
property. The Patrol Commander can be reached on VHF-FM Channel 16 by 
using the call sign ``PATCOM''.
    (c) Effective Date: This regulation will be effective on September 
7, 1997 from 8 a.m. until 6 p.m.

    Dated: August 1, 1997.
T.W. Josiah,
Rear Admiral, U.S. Coast Guard Commander, Eighth Coast Guard District.
[FR Doc. 97-22140 Filed 8-20-97; 8:45 am]
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