[Federal Register Volume 63, Number 176 (Friday, September 11, 1998)]
[Rules and Regulations]
[Pages 48578-48579]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-24422]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD08-96-058]
RIN 2115-AE46


Special Local Regulations: City of Clarkville Riverfest; 
Cumberland River mile 125.5 TO 127.0, Clarksville, TN

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: Special local regulations are being adopted for the City of 
Clarksville Riverfest. This event will be held on September 13, 1998 
from 9 a.m. until 5 p.m. at the riverfront in Clarksville, TN. These 
regulations are needed to provide for the safety of life on navigable 
waters during the event.

EFFECTIVE DATE: These regulations are effective from 9 a.m. until. 5 
p.m. on September 13, 1998.

FOR FURTHER INFORMATION CONTACT: LTJG Tom Boyles, Marine Safety Office 
Paducah, KY. Tel: (502) 442-1621 ext. 310.

SUPPLEMENTARY INFORMATION:

Drafting Information

    The drafters of this regulation are LTJG Tom Boyles, Project 
Officer, Marine Safety Office Paducah, and LTJG Michele Woodruff, 
Project Attorney, Eighth Coast Guard District Legal Office.

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 have

[[Page 48579]]

been impracticable. The details of the event were not finalized with 
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 the Riverfest 
powerboat/pylon races on the river. Event sponsors expect between 
25,000 and 50,000 spectators. The City of Clarksville sponsors this 
event. Spectators will be able to view the event from areas designated 
by the sponsor.

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 2-1, paragraph (34)(h) of Commandant 
Instruction M16475.1C this rule is 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 U.S.C. 1233; 49 CFR 1.46 and 33 CFR 100.35

    2. A temporary Sec. 100.35-T08-058 is added to read as follows:


Sec. 100.35-T08-058  Cumberland River at Clarksville, Tennessee.

    (a) Regulated Area: A regulated area is established on all waters 
of the Cumberland River between mile 125.5 and mile 127.0.
    (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 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 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 Date: This section is effective on September 13, 1998 
from 9 a.m. until 5 p.m.

    Dated: August 27, 1998.
Paul J. Pluta,
Rear Admiral, U.S. Coast Guard Commander, Eighth Coast Guard District.
[FR Doc. 98-24422 Filed 9-10-98; 8:45 am]
BILLING CODE 4910-15-M