[Federal Register Volume 60, Number 247 (Tuesday, December 26, 1995)]
[Proposed Rules]
[Pages 66773-66776]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-31217]
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DEPARTMENT OF TRANSPORTATION
33 CFR Part 100
[CGD 95-054]
RIN 2115-AF17
Regattas and Marine Parades; Permit Application Procedures
AGENCY: Coast Guard, DOT.
ACTION: Advance notice of proposed rule; request for comments.
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SUMMARY: In keeping with the National Performance Review, the Coast
Guard is examining its procedures for permitting regattas and marine
parades in order to improve its service to event sponsors and affected
navigation in the event area. In order to identify and consider the
permitting procedures and application requirements which should be
modified or removed, the Coast Guard is requesting comments from
interested and affected individuals and entities early in the process.
This regulatory review seeks to identify better ways to reduce permit
application processing time and eliminate unnecessary paperwork without
adversely affecting vessel safety in the event area.
DATES: Comments are requested by February 9, 1996.
ADDRESSES: Comments may be mailed to the Executive Secretary, Marine
Safety Council (G-LRA/3406) (CGD 95-054), U.S. Coast Guard
Headquarters, 2100 Second Street SW., Washington, DC 20593-0001, or may
be delivered to room 3406 at the same address between 8 a.m. and 3
p.m., Monday through Friday, except Federal holidays. The telephone
number is (202) 267-1477. The Executive Secretary maintains the public
docket for this notice. Comments will become part of this docket and
will be available for inspection or copying at room 3406, U.S. Coast
Guard Headquarters.
The minutes of National Boating Safety Advisory Council (NBSAC)
meetings at which regatta and marine parade permit application issues
were discussed are available for examination in the docket.
FOR FURTHER INFORMATION CONTACT:
Carlton Perry, Project Manager, Auxiliary, Boating, and Consumer
Affairs Division, (202) 267-0979. A copy of this notice may be obtained
by calling the Coast Guard's toll-free Coast Guard Customer Infoline,
1-800-368-5647. In Washington, DC, call 267-0780.
SUPPLEMENTARY INFORMATION:
Request for Comments
The Coast Guard encourages interested persons to participate in
this request for comments by submitting written data, views or
arguments. Persons submitting comments should include their names and
addresses and identify this notice (CGD 95-054). Please submit two
copies of all comments and attachments in an unbound format, no larger
than 8\1/2\ by 11 inches, suitable for copying and electronic filing.
Persons wanting acknowledgment of receipt of comments should enclose
stamped, self-addressed postcards or envelopes.
Background and Purpose
Under 33 U.S.C. 1233, the Coast Guard has discretionary authority
to issue regulations to promote the safety of life on navigable waters
during regattas or marine parades. Section 100.15 of Title 33, Code of
Federal Regulations prescribes the requirements for regatta and marine
parade (marine event) permit applications, including: (1) which events
require a Coast Guard marine event permit; (2) limiting the validity of
a marine event permit to not exceed one year; (3) the timeframe for
submitting permit applications; and (4) information the sponsor must
provide in an application package.
The Coast Guard reviews all regatta permit applications to
determine whether or not a permit is required to hold the event. The
Coast Guard checks the permit application package for completeness and
contacts the applicant for missing or additional information. Permit
applications are reviewed for extra or unusual hazards to the safety of
life, such as an inherently hazardous competition; customary presence
of commercial or pleasure craft in the area; any obstruction of a
navigable channel; and accumulation of spectator craft. The Coast Guard
addresses this extra or unusual hazard in a cooperative effort between
the event sponsor and the issuing authority, e.g., a Coast Guard Group
Commander, throughout the permit application review process. The Coast
Guard issuing authority discusses the location and conduct of the
event, consults with other affected commands, e.g., Captain of the Port
or Vessel Traffic Service Center, assigns and directs safety patrol
craft, in addition to sponsor provided safety patrol craft, as deemed
necessary, establishes a safety patrol communication plan for use
before, during and immediately after the event, and notifies local
navigation of the event through the Local Notice to Mariners and often
through local media sources, as well.
The Coast Guard may also need to contact Federal, State or local
agency offices to determine if there are conflicting activities
scheduled in the area. Not all events for which a permit application is
submitted require Coast Guard approval. Those applications are returned
to the sponsors with notification that the event does not require a
permit. If a permit for a marine event is required, the Coast Guard
must decide whether the permit should be issued or denied.
When necessary, the Coast Guard promulgates special local
regulations in the Federal Register to ensure safety of life on
navigable waters before, during, and after an approved marine event.
These regulations may include restricted or other controlled movement
of navigation through the event area. Before promulgating special local
regulations, the Coast Guard must give the public notice and an
opportunity to comment on the proposed regulations.
Applications for marine events which require a permit must also be
reviewed and evaluated in accordance with Coast Guard procedures for
complying with laws to protect the environment. Environmental review
may require coordination with Federal, State, or local government
environmental agencies to use their special expertise in determining
whether the marine event
[[Page 66774]]
has the potential for adverse environmental effects. Specific
environmental documentation may be required in those cases where a
potential for adverse effects exists.
Early Participation
The Coast Guard has consulted previously with the National Boating
Safety Advisory Council (NBSAC) on regatta and marine parade permit
procedures and their opinions and advice have been considered in the
formulation of this notice. NBSAC conducted a regular periodic review
of all then current recreational boating safety regulations at its May,
1986, meeting. At its November, 1986, meeting, NBSAC recommended only
that the Coast Guard increase the permit application submission time
from 30 days to 60 days. NBSAC conducted another regular periodic
review of all then current recreational boating safety regulations at
its May, 1992, meeting. At that meeting, NBSAC recommended increasing
the permit application submission time, possibly with a two tier
system. The minutes of NBSAC meetings at which regatta permit
application submission times were discussed are available for
examination in the docket, at the address under ADDRESSES.
The Coast Guard will continue to consult with NBSAC on regatta and
marine parade permitting issues as the regulatory project develops.
In 1988, under Coast Guard docket 87-087; RIN: 2115-AC84, the Coast
Guard proposed increasing the submission time for all marine events to
90 days prior to an event (53 FR 3221; February 4, 1988). The Coast
Guard received 45 letters commenting on the proposal.
Most of the 45 comments on the proposal were submitted by event
sponsors, which ranged from small sailing clubs and regional and
national sailing or boating associations to a municipality and two
commercial fireworks display sponsors. Most of the comments
acknowledged or supported a need for some increase in the submission
time for permit applications for some events, but objected to the
proposed 90-day submission time for all events. A few comments
supported the proposed submission time of 90 days for larger events.
Another comment suggested requiring a submission time of 105 days to
allow for a full environmental impact analysis.
Many comments emphasized planning problems faced by sponsors due to
short seasons, volunteer organization officials, long periods of
inactivity prior to the boating season start-up events, and difficulty
in getting firm, detailed information sooner than 30 days before an
event.
Some other suggestions included: delaying the final decision on a
permit application until adequate information is submitted or starting
a 60-day review once all needed information is submitted; requiring the
applicant to accept more coordination responsibility to help the Coast
Guard complete required procedures in less than 90 days; accepting
applications up to 30 days late, if accompanied by a $250 late fee; and
streamlining the process by using computer systems for data collection.
Since the Notice of Proposed Rulemaking (NPRM) was published for
this rulemaking, the Coast Guard has participated in the National
Performance Review and initiated a broader regulatory examination of
the entire Regatta and Marine Parade Permit process, including
appropriate permit application submission times. Therefore, the Coast
Guard is withdrawing the single issue rulemaking project under docket
number 87-087, published elsewhere in this issue, and merging that
docket with this docket number 95-054. The permit application
submission time issue will be included in the broader overall review
and revision of the regatta and marine parade permit process
regulations and evolve into a proposed rulemaking after consideration
of the comments received.
Solicitation of Views
The Coast Guard strives to reach consensus among all stakeholders
in waterways activities, across all modes of transportation. These
stakeholders generally include, commercial and recreational navigation,
marine event sponsors, participants and spectators, environmental
interests, and local communities. These customers' needs define Coast
Guard marine event permit program workloads and priorities, and
customer satisfaction measures the program's success.
The Coast Guard solicits comments from all segments of the marine
community, State and local authorities, National Boating Safety
Advisory Council (NBSAC), and other interested persons on permit
application requirements, including submitted information requirements,
and economic, navigational safety, environmental protection, and other
impacts of approving permits for marine events. The Coast Guard also
requests suggested alternatives related to when a permit should be
required, how frequently to submit permit applications for repetitive
events, what time period before the start of an event should an
application be submitted to enable the Coast Guard to conduct its
analyses, coordination, consultation with other expert agencies and
meet its responsibilities to ensure the safety of navigation and
protection of the environment, prior to the start of the event. Persons
submitting comments should do so as directed under Request for Comments
above, and specify the area(s) of concern on which comments are being
submitted, state what impacts may result from one or more alternatives
identified, suggest other alternatives, and provide reasons to support
the information provided on potential impact or suggested alternatives.
The Coast Guard is particularly interested in receiving information,
views, and data on the following questions and areas of concern:
1. Should the Coast Guard Permit Marine Events Located in Navigable
Waters of the United States?
In 33 CFR 100.15(a), an application must be submitted to the Coast
Guard when a regatta or marine parade which, by its nature,
circumstances or location, will introduce extra or unusual hazards to
the safety of life of the navigable waters of the United States.
Examples of conditions which are deemed to introduce extra or unusual
hazards to the safety of life include but are not limited to: An
inherently hazardous competition, the customary presence of commercial
or pleasure craft in the area, any obstruction of navigable channel
which may reasonably be expected to result, and the expected
accumulation of spectator craft.
Should a Coast Guard permit be required for any marine events?
What kind of marine events should require a Coast Guard permit?
What circumstances related to a marine event should trigger the
requirement to submit an application for Coast Guard approval of the
event?
What kind of marine events should not require a Coast Guard permit?
What kind of marine events should the Coast Guard only act on as a
coordinator or clearing house of information and advise local
navigation of the event by Local Notice to Mariners?
2. Should the Coast Guard Continue to Limit the Effect of a Marine
Event Permit to One Calendar Year?
Under 33 CFR 100.15(b), the Coast Guard is authorized to grant a
permit for a series of events for a fixed period of time, not to exceed
one year. Some events have been held several times
[[Page 66775]]
during a year at the same location or locations; other events may be
held annually at the same location.
Should the Coast Guard issue multi-year permits for marine events
held regularly by a sponsor over several years during the same time
period at the same location?
Should the Coast Guard implement fast-track renewals of annual
permits for marine events held regularly by a sponsor over several
years during the same time period at the same location?
3. How Early Should a Permit Application be Submitted to the Coast
Guard Before the Start of a Marine Event?
Under 33 CFR 100.15(c), an application must be submitted no less
than 30 days prior to the start of the proposed event. The Coast Guard
is currently analyzing its business processes to determine whether and
how much additional time before an event date is needed in order to
complete processing applications for regattas and marine parades.
The Coast Guard is also considering whether to maintain one minimum
time period for submitting all permit applications before the start of
an event or establish two minimum time periods, a short time for most
permit applications and a longer time for the small number of permit
applications that require more time to process. Establishing two
minimum time periods could strike a balance between the difficulty many
sponsors face to submit detailed permit applications far in advance of
a proposed event and the Coast Guard's need for some additional time to
conduct necessary navigation safety reviews, to contact appropriate
Federal, State and local agencies, to prepare appropriate environmental
documents, and to promulgate required special local regulations. Permit
applications for most marine events could be submitted a short time
(e.g., 30, 45 or 60 days) before a proposed event and allow sufficient
time for the Coast Guard to complete processing the permit application.
However, permit applications for other marine events that require
additional consultation, notification, or documentation should be
submitted much earlier before the event (e.g., 60, 90, 105, 120 or more
days) or the sponsor may have to cancel the event or postpone it until
the Coast Guard completes its required procedures. Submitting permit
applications earlier for events for which the Coast Guard must prepare
an environmental assessment or promulgate special local regulations
should allow sufficient time for the Coast Guard to complete consulting
with environmental agencies and to provide notice and public comment on
proposed safety regulations, without unreasonably burdening sponsoring
organizations.
Should the Coast Guard retain a single minimum permit application
submission time for all marine events?
Should the Coast Guard establish minimum permit application
submission times for two or more categories of marine events?
What minimum permit application submission time(s) should the Coast
Guard establish for what category(ies) of marine events?
4. What Information Should a Sponsor Provide in a Marine Event Permit
Application?
Under 33 CFR 100.15(d), a permit application shall include the
following details:
(1) Name and address of sponsoring organization.
(2) Name, address, and telephone of person or persons in charge of
the event.
(3) Nature and purpose of the event.
(4) Information as to general public interest.
(5) Estimated number and types of watercraft participating in the
event.
(6) Estimated number and types of spectator watercraft.
(7) Number of boats being furnished by sponsoring organizations to
patrol event.
(8) A time schedule and description of events.
(9) A section of a chart or scale drawing showing the boundaries of
the event, various water courses or areas to be utilized by
participants, officials, and spectator craft.
Section 100.15(d), last revised in 1963, does not address
collection of any information related to potential adverse impacts that
the event may have on the environment in the event area, or mitigation
measures for those impacts. In an effort to avoid delaying scheduled
marine events due to permit application processing, while still
complying with its responsibilities under laws for protection of the
environment, the Coast Guard has been accepting information voluntarily
provided by event sponsors that address potential impacts the event may
have on the environment, any Federal, State or local environmental
agencies to sponsor may have contacted and any comments they may have
had regarding the event, and other related environmental information.
Under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.), the
Coast Guard has previously submitted the existing requirements to the
Office of Management and Budget (OMB) for review under section 3504(h)
of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.), and OMB
approved them. The part number is part 100 and the corresponding OMB
approval number is OMB Control Number 2115-0017. Any new information
requirements proposed in a rulemaking project developed as a result of
comments to this notice will also be submitted to OMB for review and
approval.
What information currently required should not be required?
What information related to potential environmental impacts or
mitigation of adverse impacts should be required?
What information should be initially submitted to allow the Coast
Guard to begin processing the application?
What information should the sponsor be allowed to submit later in
the process, but before a permit is issued?
5. What Economic Impacts May Result From Requiring Earlier Permit
Application Submission Times or Additional Permit Application
Information?
Currently, Coast Guard permit issuing officials rely on statements
of coordination made by the sponsor, and when time permits provide
notice to affected navigation interests by announcements in a Local
Notice to Mariners and direct mailing or telephone contracts, and by
publishing needed special local regulations in the Federal Register.
What economic impacts may occur due to longer processing time for
the Coast Guard to hold public hearings on safety of life in the event
area, provide notice to and receive input from affected navigation, and
to consult with appropriate Federal, State and local government
environmental agencies on potential adverse impacts the event may have
on the environment?
What economic impacts are currently incurred in applying for a
Coast Guard marine event permit?
6. Other Factor or Information
Is there any other information you feel may be helpful to assist
the Coast Guard in processing permit applications for event sponsors in
a timely manner while allowing adequate public notice to navigation and
environmental interests, including holding public hearings for certain
events; consulting with other Federal, State and local agencies;
promulgating special local regulations to ensure vessel safety
immediately before, during and after an event; and preparing needed
environmental documentation, prior to the date of the event?
[[Page 66776]]
What other alternatives regarding the permitting of regatta and
marine parades to ensure the safety of life and protection of the
environment should the Coast Guard consider?
What other factors or information should be considered in revising
Coast Guard procedures for processing permit applications?
All comments received by the Coast Guard as a result of this notice
will be summarized and provided to NBSAC members for their
consideration and consultation. The Coast Guard will consider all
relevant comments in the development of any regulatory project to
revise its procedures for processing applications for approval of
regattas and marine parades.
Dated: December 18, 1995.
Rudy K. Peschel,
Rear Admiral, U.S. Coast Guard, Chief, Office of Navigation Safety and
Waterway Services.
[FR Doc. 95-31217 Filed 12-22-95; 8:45 am]
BILLING CODE 4910-14-M
