Memphis in May Sunset Symphony, Lower Mississippi River

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.

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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]

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