[Federal Register Volume 64, Number 114 (Tuesday, June 15, 1999)]
[Rules and Regulations]
[Pages 31978-31979]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-15047]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD08-99-036]
RIN 2115-AE46


Special Local Regulations: Independence Day Celebration, 
Cumberland River Mile 190.0-191.0, Nashville, TN

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

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SUMMARY: Special local regulations are being adopted for the 
Independence Day Celebration on the Cumberland River. This event will 
be held on July 4, 1999 from 12:00 noon until 11:00 p.m. at the 
riverfront in Nashville, 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 12:00 noon until 
11:00 p.m. on July 4, 1999.

FOR FURTHER INFORMATION CONTACT: MST3 Christine Mow, Marine Safety 
Detachment Nashville, TN. Tel: (615) 736-5421.


[[Page 31979]]


SUPPLEMENTARY INFORMATION: 
    Drafting information. The drafters of this regulation are MST3 
Christine Mow, Project Officer, Marine Safety Detachment Nashville, 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 been 
impracticable. The details of the event were not finalized until May 
19, 1999 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 fireworks display. 
The Metropolitan Board of Parks and Recreation sponsors the event. 
Event activities include a fireworks display and various waterside 
concerts and exhibits. 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. The 
Office of Management and Budget has not reviewed it 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 record keeping 
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 section 100.35-T08-036 is added to read as follows:


Sec. 100.35-T08-036  Cumberland River at Nashville, Tennessee

    (a) Regulated area. Cumberland River Mile 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 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. These regulations will be effective from 12:00 
noon until 11:00 p.m. on July 4, 1999.

    Dated: May 24, 1999.
A.L. Gerein, Jr.,
Captain, U.S. Coast Guard Acting Commander, 8th Coast Guard District.
[FR Doc. 99-15047 Filed 6-14-99; 8:45 am]
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