[Federal Register: June 15, 1999 (Volume 64, Number 114)] [Rules and Regulations] [Page 31980-31981] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr15jn99-10] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Coast Guard 33 CFR Part 100 [CGD08-99-037] RIN 2115-AE46 Special Local Regulations: Riverbend Festival, Tennessee River Mile 463.5 to 464.5, Chattanooga, TN AGENCY: Coast Guard, DOT. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: Special local regulations are being adopted for the Riverbend Festival on the Tennessee River. This event will be held from 5:30 p.m. on June 19, 1999 until 12:00 midnight on June 20, 1999, at the riverfront in Chattanooga, 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 5:30 p.m. on June 19, 1999 until 12:00 midnight on June 20, 1999. FOR FURTHER INFORMATION CONTACT: MST3 Christine Mow, Marine Safety Detachment Nashville, TN. Tel: (615) 736-5421. 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 April 30, 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 the Riverbend Festival. The Friends of the Festival sponsor the event. Event activities include a fireworks display and concerts on a floating stage. Spectators will be able to view the event from areas designated by the sponsor. Regulatory Evaluation This rule is not a signficiant regulatory action under section 3(f) of [[Page 31981]] 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 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 section 100.35-T08-037 is added to read as follows: Sec. 100.35-T08-037 Tennessee River at Chattanooga, Tennessee. (a) Regulated area. Tennessee River Mile 463.5 to 464.5. (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 sing ``PATCOM''. (c) Effective date. These regulations will be effective from 5:30 p.m. on June 19, 1999 until 12:00 midnight on June 20, 1999. Dated: May 21, 1999. A.L. Gerfin, Jr., Captain, U.S. Coast Guard, Acting Commander, Eighth Coast Guard District. [FR Doc. 99-15043 Filed 6-14-99; 8:45 am] BILLING CODE 4910-15-M