[Federal Register Volume 63, Number 138 (Monday, July 20, 1998)]
[Rules and Regulations]
[Pages 38752-38753]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-19180]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD08-98-040]
RIN 2115-AE46


Special Local Regulations; Cross River Swim Paducah Summerfest, 
Ohio River Mile 934.5 to 936.0, Paducah, KY

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: Special local regulations are being adopted for the Cross 
River Swim Paducah Summerfest on the Ohio River. This event will be 
held on Sunday, July 19, 1998, between 1:30 p.m. and 3:30 p.m. on the 
riverfront in Paducah, KY. These regulations are needed to provide for 
the safety of life on navigable waters during the event.

DATES: These regulations become effective at 1:30 p.m. and terminate at 
3:30 p.m. on July 19, 1998.

FOR FURTHER INFORMATION CONTACT: LTJG Tom Boyles, Coast Guard Marine 
Safety Office, Paducah, Kentucky at (502) 442-1621.

SUPPLEMENTARY INFORMATION: 
    Drafting Information: The drafters of this regulation are LTJG Tom 
Boyles, Project Officer, Coast Guard Marine Safety Office, Paducah, 
Kentucky 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 rulemaking 
has not been published for this regulation and good cause exists for 
making it effective in less than 30 days from the date of publication 
in the Federal Register. Following normal rulemaking procedures would 
have been impractical. The application to hold the event was not 
received with sufficient time remaining to publish proposed rules in 
advance of the event or to provide for a delayed effect date.

Background and Purpose

    The marine event requiring this regulation is the Cross River Swim 
Paducah Summerfest. Approximately twenty swimmers will participate in a 
race across the Ohio River. Various recreational boats will also be 
involved as each swimmer will be accompanied by a safety vessel. 
Spectators will be able to view the event from areas designated by the 
sponsor. This event is sponsored by the Paducah Summerfest.

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 the order. It has 
been exempted from review 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, as 
this regulation will be in effect for approximately two hours in a 
limited area of the Ohio River.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
Coast Guard must consider whether this rule will have a significant 
economic impact on a substantial number of small entities. ``Small 
entities'' include small businesses, not-for-profit organizations that 
are independently owned and operated and are not dominant in their 
field, and governmental jurisdictions with populations of less than 
50,000.
    Therefore, the Coast Guard certifies under section 605(b) that this 
rule will not have a significant effect upon a substantial number of 
small entities, because the regulation is in effect for approximately 
eighteen hours in a limited part of the Ohio River.

Collection of Information

    This rule contains no collection of information requirements under 
the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).

Federalism Assessment

    This action has been analyzed in accordance with the principles and 
criteria contained in Executive Order 12612, and it has been determined 
that the rulemaking does not have sufficient Federalism implications to 
warrant the preparation of a Federalism Assessment.

Environmental Assessment

    The Coast Guard has considered the environmental impact of this 
action consistent with section 2-1, paragraph (34)(h), Commandant 
Instruction M16475.1C and has determined that this rule is 
categorically excluded from further environmental documentation.

List of Subject in 33 CFR Part 100

    Marine safety, Navigation (water), Reporting and recordkeeping 
requirements. Waterways.

Temporary Regulation

    In consideration of the foregoing, the Coast Guard amends Part 100 
of Title 33, Code of Federal Regulations, 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-T08-040 is added to read as follows:


Sec. 100.35-T08-040  Special Local Regulation, Ohio River at Paducah, 
Kentucky.

    (a) Regulated Area: Ohio River Miles 934.5 to 936.0.
    (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

[[Page 38753]]

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 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 protections of 
life and/or property and can be reached on VHF-FM Channel 16 by using 
the call sign ``PATCOM''
    (c) Dates: This section is effective at 1:30 p.m. and terminates at 
3:30 p.m. on July 19, 1998.

    Dated: July 7, 1998.
Fred J. Plute,
Rear Admiral, U.S. Coast Guard Commander, Eighth Coast Guard District.
[FR Doc. 98-19180 Filed 7-17-98; 8:45 am]
BILLING CODE 4910-15-M