[Federal Register Volume 63, Number 123 (Friday, June 26, 1998)]
[Rules and Regulations]
[Pages 34811-34812]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-17072]


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DEPARMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD08-98-025]
RIN 2115-AE46


Special Local Regulations; Independence Day Celebration 
Cumberland River Miles 190-191, Nashville, TN

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: Special local regulations are being adopted for the 
Independence Day Celebration. This event will be held on July 4, 1998 
from 12 p.m. until 11 p.m. at the Riverfront in Nashville, Tennessee 
along the Cumberland River, miles 190.0 to 191.0. The event will 
include a boat parade beginning at 5 p.m. and a fireworks display 
beginning at 8:45 p.m. These regulations are needed to provide for the 
safety of life on navigable waters during the boat parade and fireworks 
display that will be part of the event.

DATES: These regulations are effective from 4 p.m. until 10 p.m. on 
July 4, 1998.

ADDRESSES: Unless otherwise indicated, documents referred to in this 
notice are available for inspection and copying at Marine Safety 
Office, Paducah, 225 Tully Street, Paducah, Kentucky, 42003 between 8 
a.m. and 4 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: BM2 Stephen L. Jones, 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 rule making 
for these regulations has not been published, and good cause exists for 
making them effective in less then 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 so 
provide for a delayed effective date.

Background and Purpose

    The marine event requiring this regulation is an Independence Day

[[Page 34812]]

celebration including a boat parade and fireworks display. The event is 
sponsored by the Nashville Metropolitan Board of Parks and Recreation. 
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 the river is reopened.

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 a significant under the regulatory policies and 
procedures of the Department of Transportation (DOT) (44 CFR 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 USC 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 2-1, paragraph (34)(h) of Commandant 
Instruction M16475.1C, 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 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 USC 1233; 49 CFR 1.46 and 33 CFR 100.35.

    2. A temporary Sec. 100-T08-025 is added to read as follows:


Sec. 100.35-T08-025  Cumberland River at Nashville, Tennessee

    (a) Regulated Area: Cumberland River Miles 190.0-191.0.
    (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 enforcement and/or 
sponsor provided vessels assigned to patrol the event.
    (1) No spectator 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. Vessel shall comply with all 
directions given; failure to do so may result in a citation.
    (3) The Patrol Commander is empowered to 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 signal ``PATCOM''.
    (b) Effective Date: This section is effective from 4 p.m. and 10 
p.m to July 4, 1998.

    Dated: June 19, 1998.
A.L. Gerfin, Jr.
Captain, U.S. Coast Guard, Acting Commander, 8th Coast Guard District.
[FR Doc. 98-17072 Filed 6-25-98; 8:45 am]
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