[Federal Register Volume 60, Number 37 (Friday, February 24, 1995)]
[Rules and Regulations]
[Pages 10313-10315]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-4411]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 100
[CGD08-94-019]
RIN 2115-AE46
Annual Marine Events Within the Eighth Coast Guard District
AGENCY: Coast Guard, DOT.
ACTION: Final rule.
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SUMMARY: This rule establishes permanent special local regulations for
the annual marine events within the Eighth Coast Guard District. This,
in turn, reduces the number of annual requests for temporary final
rules for regattas and marine parades by codifying these marine events
in the Code of Federal Regulation. These regulations are needed to
provide for the safety of life, limb, and property on the navigable
waters during these events.
EFFECTIVE DATE: March 27, 1995.
ADDRESSES: Unless otherwise indicated, documents referred to in this
preamble are available for inspection or copying at the office of
Commander, Eighth Coast Guard District (dl), 501 Magazine St., room
1311 (Hale Boggs Federal Building), New Orleans, Louisiana 70130-3396
between 8:00 a.m. and 3:30 p.m., Monday through Friday, except Federal
holidays. The telephone number is (504) 589-6188.
FOR FURTHER INFORMATION CONTACT:
LT C.D. Michel, Eighth Coast Guard District Legal Office, at Hale Boggs
Federal Building, 501 Magazine, room 1311, New Orleans, Louisiana
70118. Telephone: (504) 589-6188.
SUPPLEMENTARY INFORMATION:
Drafting Information
The principal persons involved in drafting this document are LCDR
T.P. Marian, Project Manager, and LT C.D. Michel, Project Counsel,
Eighth Coast Guard District Legal Office.
Regulatory History
On September 7, 1994, the Coast Guard published a notice of
proposed rulemaking entitled Annual Marine Events within the Eighth
Coast Guard District in the Federal Register (59 FR 172). The Coast
Guard received 1 (one) letter commenting on this proposal. No public
hearing was requested, and none was held.
Background and Purpose
Currently, Coast Guard units responsible for overseeing the safety
of marine events prepare temporary rules each year for each event. This
rule eliminates the need to prepare annual temporary final rules for
those annual marine events that have few or no changes from year to
year. This streamlines the marine event process for those regattas and
marine events that have very little annual variation and would
significantly reduce the Coast Guard's administrative burden for
managing these type events.
Table 1 delineates the events, their sponsors, dates, and
locations. Each event occurs annually on or about the date given. The
course will be patrolled by patrol vessels. While viewing the event at
any point outside the regulated area is not prohibited, spectators will
be encouraged to congregate within areas designated by the sponsor.
Non-participating vessels will be permitted to transit the area at NO
WAKE SPEED at the discretion of the Coast Guard Patrol Commander.
Discussion of Comments and Changes
One comment was received from Commanding Officer, U.S. Coast Guard
Marine Safety Office Morgan City. This comment referred to Table 1 of
the proposed rulemaking and noted that the Louisiana Shrimp and
Petroleum Festival also included an evening fireworks display.
The fireworks are launched from a barge stationed in Berwick Bay
between the railroad and highway bridges. Commanding Officer, U.S.
Coast Guard Marine Safety Office Morgan City requested that this event
be amended to reflect the existence of a fireworks display by changing
the marine event's title from, ``The Blessing of the Fleet'' to, ``The
Blessing of the Fleet and Fireworks Display.'' Since the fireworks
display takes place after sunset Commanding Officer, U.S. Coast Guard
Marine Safety Office Morgan City also requested changing the duration
of this event from, ``8:30 a.m. through 1 p.m'' to, ``8:30 p.m. through
1 p.m., and 9 p.m. through 10 p.m.''
Implementing these requested changes will not have any significant
impact upon the public. The notice of proposed rulemaking had included
a fireworks display and no comments were received on that event.
Furthermore, this specific change does not pertain to the regulations
that were specified in the notice to proposed rulemaking but is limited
rather to the title and the duration of the marine event.
The change to Table 1 of this rule is limited in nature and
provides for one additional hour of oversight by the Coast Guard in the
interest of public safety. Therefore, Table 1 will be amended to
reflect the information provided by Commanding Officer, U.S. Coast
Guard Marine Safety Office Morgan City.
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. It
has not been reviewed by the Office of Management and Budget under that
order. It is not significant under the [[Page 10314]] 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 proposal to be so minimal that a full Regulatory
Evaluation under paragraph 10e of the regulatory policies and
procedures of DOT is unnecessary.
This is attributed to the fact that the proposal merely codifies
existing marine events and is also reflected by the fact that no public
comments were received on this rule. Furthermore, each of the marine
events in Table 1 will require that the navigable waterways delineated
be closed for only a short period of time.
As demonstrated by past experience, these events have been
successfully overseen by the Coast Guard for several years in
cooperation with both the organizers of these events and the boating
public. The same event regulations will be implemented for each marine
event listed in Table 1 and the Coast Guard will continue to ensure
that these recurring marine events are safely managed. Once the marine
event is terminated the role of the Coast Guard in monitoring the
marine event ceases.
No comments were received from the public on this issue.
Implementing the change requested in the one comment received will not
have any significant impact upon the public. The notice of proposed
rulemaking had included a fireworks display and no comments were
received on that event. Furthermore, this specific change does not
pertain to the regulations that were specified in the notice to
proposed rulemaking but is limited rather to the title and the duration
of the marine event.
The change to Table 1 of this rule is limited in nature and
provides for one additional hour of oversight by the Coast Guard in the
interest of public safety.
Small Entities
No comments were received from the public on this issue. None of
the marine events listed in Table 1 would exceed three days in duration
and most of them are for only several hours of one day. Therefore, the
Coast Guard certifies under section 605(b) of the Regulatory
Flexibility Act (5 U.S.C. et seq.) that this rule will not have a
significant economic impact on a substantial number of small entities.
Collection of Information
This rule contains no collection-of-information requirements under
the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).
Federalism
This rule has been analyzed in accordance with the principles and
criteria contained in Executive Order 12612, and it has been
demonstrated that this rule does not have sufficient federalism
implications to warrant the preparation of a Federalism Assessment. No
comments were received from the public concerning this issue.
Furthermore, the change to Table 1 of this rule will not have any
impact in this area.
Environment
This rule has been thoroughly reviewed by the Coast Guard and
determined to be categorically excluded from further environmental
documentation in accordance with section 2.B.2.e.(35) of Coast Guard
Commandant Instruction M16475.1B. No comments were received from the
public concerning this issue.
Each of these events is a routine marine parade taking place in
commercialized areas involving less than 100 participating low-speed
craft and less than 200 spectator boats. Fireworks displays are over
water and less than 30 minutes in duration. All of these events have
been held previously with no adverse environmental impact.
List of Subjects in 33 CFR Part 100
Marine Safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
Regulation
For the reasons set out in the preamble, the Coast Guard amends 33
CFR Part 100 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 new section 100.801 is added to read as follows:
Sec. 100.801. Annual Marine Events in the Eighth Coast Guard District.
The following regulations apply to the marine events listed in
Table 1 of this section. These regulations will be effective annually,
for the duration of each event listed in Table 1. Annual notice of the
exact dates and times of the effective period of the regulation with
respect to each event, the geographical area, and details concerning
the nature of the event and the number of participants and type(s) of
vessels involved will also be published in local notices to mariners.
Sponsors of events listed in Table 1 of this section must submit an
application each year in accordance with 33 CFR 100.15.
(a) The Coast Guard will patrol the event area under the direction
of a designated Coast Guard Patrol Commander. The Patrol Commander may
be contacted on Channel 16 VHF-FM (156.8 MHz) by the call sign
``PATCOM.''
(b) All persons and vessels not registered with the sponsor as
participants or official patrol vessels are considered spectators. The
``official patrol vessels'' consist of any Coast Guard, state or local
law enforcement and sponsor provided vessels assigned or approved by
the Commander, Eighth Coast Guard District, to patrol the event.
(c) Spectator vessels desiring to transit the regulated area may do
so only with prior approval of the Patrol Commander and when so
directed by that officer and will be operated at a no wake speed in a
manner which will not endanger participants in the event or any other
craft.
(d) No spectator shall anchor, block, loiter, or impede the through
transit of participants or official patrol vessels in the regulated
area during the effective dates and times, unless cleared for entry by
or through an official patrol vessel.
(e) The Patrol Commander may forbid and control the movement of all
vessels in the regulated area. When hailed or signaled by an official
patrol vessel, a vessel shall come to an immediate stop and comply with
the directions given. Failure to do so may result in expulsion from the
area, citation for failure to comply, or both.
(f) Any spectator vessel may anchor outside the regulated area
specified in Table 1 of this section, but may not anchor in, block, or
loiter in a navigable channel.
(g) The Patrol Commander may terminate the event or the operation
of any vessel at any time it is deemed necessary for the protection of
life or property.
(h) The Patrol Commander will terminate enforcement of the special
regulations at the conclusion of the event.
Table 1 of Sec. 100.801
The Blessing of the Fleet and Fireworks Display, Morgan City, Louisiana
Sponsor: Louisiana Shrimp and Petroleum Festival & Fair
Association, Inc.
Date: First Sunday of September
Duration: 8:30 a.m. through 1 p.m. and 9 p.m. through 10 p.m.
Location: Berwick Bay from the junction of the Lower Atchafalaya
River at Morgan City, Louisiana, to [[Page 10315]] Berwick Locks Buoy 1
(LLNR 18445).
The Contraband Days Fireworks Display, Lake Charles, Louisiana
Sponsor: Contraband Days Festivities, Inc.
Date: First Saturday of May
Duration: 9 p.m. through 12 a.m. (midnight)
Location: A 500 foot radius from the fireworks barge in Lake
Charles anchored in approximate position 30 deg.13'54'' N,
093 deg.13'42'' W.
Neches River Festival, Beaumont, Texas
Sponsor: Neches River Festival, Inc.
Date: Third weekend of April
Duration: First day--8 a.m. through 9:30 p.m.; Second day--8 a.m.
through 6 p.m.
Location: The Neches River from Colliers Ferry landing to Lawson's
Crossing at the end of Pine Street.
The Blessing of the Shrimp Fleet, Galveston, Texas
Sponsor: Blessing of the Fleet, City of Galveston, Texas
Date: Fourth Saturday of April
Duration: 9:30 a.m. through 5:30 p.m.
Location: The Galveston Ship Channel from the Pelican Island Bridge
to Pier 14 at Galveston, Texas.
Dated: January 24, 1995.
Robert C. North,
Rear Admiral, U.S. Coast Guard Commander, Eighth Coast Guard District.
[FR Doc. 95-4411 Filed 2-23-95; 8:45 am]
BILLING CODE 4910-14-M
