[Federal Register Volume 59, Number 83 (Monday, May 2, 1994)] [Unknown Section] [Page 0] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 94-10443] [[Page Unknown]] [Federal Register: May 2, 1994] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Coast Guard 33 CFR Part 100 [CGDO2-94-019] RIN 2115-AE46 Memphis in May Sunset Symphony, Lower Mississippi River AGENCY: Coast Guard, DOT. ACTION: Notice of proposed rulemaking. ----------------------------------------------------------------------- SUMMARY: The Coast Guard proposes adopting a regulation for the Memphis in May Sunset Symphony which will be held on the Lower Mississippi River near Memphis, Tennessee on May 28, 1994. This regulation is needed to control vessel traffic in the immediate vicinity of the event. The regulation will restrict general navigation in the regulated area for the safety of spectators, participants and through traffic. DATES: Comments must be received on or before May 23, 1994. ADDRESSES: Comments may be mailed to Commander (bb), Second Coast Guard District, 1222 Spruce Street, St. Louis, MO 63103-2832, Attention: Docket CGD2-94-019. Comments may also be delivered to room 2.202C at the above address between 7 a.m. and 3 p.m., Monday through Friday, except Federal holidays. For information concerning comment the telephone number is (314) 539-3971. The Boating Safety Division, Second Coast Guard District, maintains the public docket for this rulemaking. Comments will become part of this docket and will be available for inspection or copying in room 2.202C at the above address. FOR FURTHER INFORMATION CONTACT: LCDR J. O. Jaczinski, Boating Safety Division, Second Coast Guard District, (314) 539-3971. SUPPLEMENTARY INFORMATION: Request for Comments The Coast Guard encourages interested persons to participate in this rulemaking by submitting written data, views, or arguments. Persons submitting comments should include their names and addresses, identify this rulemaking [CGD2-94-019], identify the specific section of this proposal to which each comment applies, and give the reason for each comment. Each person who wants an acknowledgment of the receipt of comments should enclose a stamped, self-addressed postcard or envelope. The Coast Guard will consider all comments received during the comment period. The Coast Guard may change the proposal in view of the comments. The Coast Guard does not plan to hold a public hearing. Persons may request a public hearing by writing to the Docket Clerk at the address under ADDRESSES. If the Coast Guard determines that the opportunity to make oral presentations will aid this rulemaking, the Coast Guard will hold a public hearing at a time and place announced by a later notice in the Federal Register. The comment period for this regulation has been shortened to 20 days because the application was not received in time to allow for the normal 60 day comment period. The Coast Guard has determined that because of the local nature of this event and the limited duration of the required closure of the river, 30 days will be a sufficient period of time to receive and review any comments. Drafting Information The principal persons involved in drafting this document are LCDR J. O. Jaczinski, Project Officer, Second Coast Guard District, Boating Safety Division and LCDR A. O. Denny, Project Attorney, Second Coast Guard District Legal Office. Background and Purpose The Memphis in May Sunset Symphony begins at 12 noon and will end at approximately 10 p.m. The event consists of an orchestra performance by the Memphis Symphony, followed by 10 to 12 minutes of fireworks over the river at the conclusion of the evening. In order to provide for the safety of spectators and participants, and for the safe passage of through traffic, the Coast Guard will restrict vessel movement in the regatta area, immediately before and during the fireworks display. The river will be closed from 8 p.m. to 10 p.m., local time, to all vessel traffic except participants, official regatta vessels, and patrol craft. These regulations are issued pursuant to 33 U.S.C. 1233 and 33 CFR 100.35. Regulatory Evaluation This proposal is not a significant regulatory action under Executive Order 12866 and is not significant under Department of Transportation Regulatory Policies and Procedures (44 FR 11040; February 26, 1979), it will not have a significant economic impact on a substantial number of small entities, and it contains no collection of information requirements. A full regulatory analysis is unnecessary because the Coast Guard expects the impact of this regulation to be minimal due to its short duration. Small Entities Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the Coast Guard must consider whether this proposal will have a significant impact on a substantial number of small entities. ``Small entities'' include independently owned and operated small business that are not dominant in their field and that otherwise qualify as ``small business concerns'' under section 3 of the Small Business Act (15 U.S.C. 632). Because it expects the impact of this proposal to be minimal, the Coast Guard certifies under 5 U.S.C. 605(b) that this proposal, if adopted, will not have a significant impact on a substantial number of small entities. If however, you think that your business qualifies as a small entity and that this proposal will have a significant economic impact on your business, please submit a comment (see ADDRESSES) explaining why you think your business qualifies and in what way and to what degree this proposal will economically affect your business. Collection of Information This proposal contains no collection of information requirements under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.). Federalism The Coast Guard has analyzed this proposal in accordance with the principles and criteria contained in Executive Order 12612 and has determined that this proposal does not have sufficient federalism implications to warrant the preparation of a Federalism Assessment. Environment The Coast Guard considered the environmental impact of this proposal and concluded that under section 2.B.2 of Commandant instruction M16475.1B, this regulation is categorically excluded from further environmental documentation because promulgation of changes to the regulations have been found to not have a significant effect on human environment. A Categorical Exclusion Determination is available in the docket for inspection or copying where indicated under ADDRESSES. List of Subjects in 33 CFR Part 100 Marine Safety, Navigation (Water), Records and recordkeeping requirements, Waterways. Proposed Regulations In consideration of the foregoing, the Coast Guard proposes to amend part 100 of title 33, Code of Federal Regulations, as follows: PART 100--[AMENDED] 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 T02-019 is added, to read as follows: Sec. 100.35 T02-019 Lower Mississippi River, Memphis, Tennessee. (a) Regulated area. Lower Mississippi River from mile 736.0 to 736.5. (b) Special local regulations. (1) Except for participants in the Memphis in May Sunset Symphony, no person or vessel may enter or remain in the regulated area without permission of the Patrol Commander. (2) The Coast Guard Patrol Commander will be a commissioned or petty officer designated by the Commanding Officer, Marine Safety Office Memphis, Tennessee and may be contacted, during the event, on channel 16 (156.8 MHZ) by the call sign ``Coast Guard Patrol Commander.'' The Patrol Commander may: (i) Direct the anchoring, mooring, or movement of any vessel within the regulated area; (ii) Restrict vessel operation within the regulated area to vessels having particular operating characteristics; (iii) Terminate the marine event or the operation of any vessel when necessary for the protection of life and property; and (iv) Allow vessels to transit the regulated area whenever an event is not being conducted and the transit can be completed before another event begins. (3) Coast Guard commissioned or petty officers will patrol the event on board patrol vessels which display the Coast Guard Ensign. If radio or other voice communications are not available to communicate with a vessel, they will use a series of sharp, short blasts by whistle or horn to signal the operator of any vessel in the vicinity of the regulated area to stop. When signaled, the operator of any vessel in the immediate vicinity of the regulated area shall stop the vessel immediately and shall proceed as directed. (4) Vessels desiring to transit the regulated area may do so only with the prior approval and direction of the Patrol Commander. (5) The Patrol Commander will terminate enforcement of this section at the conclusion of the marine event if earlier than the announced termination time. (c) Effective date. This section becomes effective from 8 p.m. to 10 p.m. local time on May 28, 1994. Dated: April 15, 1994. Paul M. Blayney, Rear Admiral, U.S. Coast Guard Commander, Second Coast Guard District. [FR Doc. 94-10443 Filed 4-29-94; 8:45 am] BILLING CODE 4910-14-M