[Federal Register Volume 61, Number 57 (Friday, March 22, 1996)]
[Proposed Rules]
[Pages 11796-11798]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-6548]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 100
[CGD01-96-016]
RIN 2115-AE46
Special Local Regulations; Revision
AGENCY: Coast Guard, DOT.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to permanently amend a number of
special local regulations governing marine
[[Page 11797]]
events in the First Coast Guard District. Changes made to these
sections will eliminate the requirement to publish notices for the
respective events in the Federal Register. Annual notification and
applicable changes to the events will be specified in a Coast Guard
Notice to Mariners.
DATES: Comments must be received on or before May 6, 1996.
ADDRESSES: Comments should be mailed to Commander (b), First Coast
Guard District, Captain John Foster Williams Federal Building, 408
Atlantic Ave., Boston, MA 02110-3350, or may be hand delivered to Room
428 at the same address, between 8 a.m. and 4 p.m., Monday through
Friday, except federal holidays. Comments will become part of this
docket and will be available for inspection or copying at the above
address.
FOR FURTHER INFORMATION CONTACT:
Lieutenant(jg) B. M. Algeo, Chief, Boating Affairs Branch, First Coast
Guard District, (617) 223-8311.
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 notice (CGD01-96-016), the specific section of the
proposal to which each comment applies, and give reasons for each
comment. The Coast Guard requests that all comments and attachments be
submitted in an 8\1/2\'' x 11'' unbound format suitable for copying and
electronic filing. If that is not practical, a second copy of any bound
material is requested. Persons requesting acknowledgment of receipt of
comments should enclose a stamped, self-addressed postcard or envelope.
The Coast Guard will consider all comments received during the
comment period. It may change this proposed in view of the comments.
The Coast Guard plans no public hearing. Persons may request a public
hearing by writing to Commander (b), First Coast Guard District at the
address under ADDRESSES. The request should include reasons why a
hearing would be beneficial. If it is determined that the opportunity
for 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.
Drafting Information
The drafters of this notice are Lieutenant(jg) B. M. Algeo, Project
Manager, First Coast Guard District, and Commander J. D. Stieb, Project
Counsel, First Coast Guard District Legal Office.
Discussion of Proposed Amendments
The Coast Guard desires to permanently amend 33 C.F.R. Part 100,
sections 100.103--National Sweepstakes Regatta, 100.107--Windjammer
Days, 100.108--Great Kennebec River Whatever Race, 100.109--Whatever
Festival Hydroplanes, 100.111--Stonington Lobster Boat Races, and
100.505--New Jersey Offshore Grand Prix. These sections currently
require either the effective dates and times of each rule or changes to
the effective dates and times be published in the Federal Register. To
reduce unnecessary administrative actions, the Coast Guard proposes to
eliminate the requirements to publish notices in the Federal Register.
The Coast Guard believes sufficient notification is achieved by
providing notice of the dates and times in a Coast Guard Notice to
Mariners.
Regulatory Evaluation
This proposal 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 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 to be
so minimal that a full Regulatory Evaluation, under paragraph 10e of
the regulatory policies and procedures of DOT, is unnecessary. This
conclusion is based on the fact that no substantive changes are being
made to the special local regulations and that notice of the events by
Coast Guard Notice to Mariners will provide sufficient notice to
waterways users.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the
Coast Guard must consider the economic impact on small entities of a
rule for which a general notice of proposed rulemaking is required.
``Small entities'' may include (1) small businesses and not-for-profit
organizations that are independently owned and operated and are not
dominant in their fields and (2) governmental jurisdictions with
populations of less than 50,000.
For the reasons discussed in the Regulatory Evaluation, the Coast
Guard certifies under 5 U.S.C. 605(b) that this proposal will not have
a significant economic impact on a substantial number of small
entities.
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 under 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 has considered the environmental impacts of this
proposal and concluded that, under paragraph 2.B.2.e.34(h) of COMDTINST
16475.1B, (as revised by 59 FR 38654, July 29, 1994) this proposal
modifies special local regulations issued in conjunction with annually
issued regatta or marine parade permits and is categorically excluded
from further environmental documentation.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
Proposed Regulation
For the reasons set out in the preamble, the Coast Guard proposes
to amend 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. Section 100.103 is amended by revising paragraph (b) as follows:
Sec. 100.103 National Sweepstakes Regatta, Redbank, NJ.
* * * * *
(b) Effective period. This section is in effect from 8 a.m. to 6
p.m. annually on the third weekend in August. However, the requirements
of this section may be waived by a Coast Guard Notice to Mariners.
* * * * *
3. Section 100.107 is amended by revising paragraph (c) as follows:
Sec. 100.107 Windjammer Days, Boothbay Harbor, ME.
* * * * *
(c) Effective period. This section is in effect from 2 p.m. to 10
p.m. annually on the second Tuesday in July. However, the requirements
of this
[[Page 11798]]
section may be waived by a Coast Guard Notice to Mariners.
4. Section 100.108 is amended by revising paragraph (c) as follows:
Sec. 100.108 Great Kennebec River Whatever Race.
* * * * *
(c) Effective period. This section is in effect from 6 a.m. to 6
p.m. annually on the first Sunday in July. However, the requirements of
this section may be waived by a Coast Guard Notice to Mariners.
5. Section 100.109 is amended by revising paragraph (c) as follows:
Sec. 100.109 Whatever Festival Hydroplanes, Augusta, ME.
* * * * *
(c) Effective period. This section is in effect annually on the
fourth weekend in June. However, the requirements of this section may
be waived by a Coast Guard Notice to Mariners.
6. Section 100.111 is amended by revising paragraph (c) as follows:
Sec. 100.111 Stonington Lobster Boat Races, Stonington, ME.
* * * * *
(c) Effective period. This section is in effect from 10 a.m. to 4
p.m. annually on the third or fourth Saturday in July. However, the
requirements of this section may be waived by a Coast Guard Notice to
Mariners.
7. Section 100.505 is amended by revising paragraph (b) as follows:
Sec. 100.505 New Jersey Offshore Grand Prix.
* * * * *
(b) Effective period. This section is in effect from 8 a.m. to 5
p.m. annually on the third Wednesday in July. However, the requirements
of this section may be waived by a Coast Guard Notice to Mariners.
* * * * *
Dated: March 4, 1996.
J.L. Linnon,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 96-6548 Filed 3-21-96; 8:45 am]
BILLING CODE 4910-14-M
