[Federal Register Volume 61, Number 75 (Wednesday, April 17, 1996)]
[Proposed Rules]
[Pages 16732-16736]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-9436]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 100
[CGD 95-054]
RIN 2115-AF17
Regattas and Marine Parades
AGENCY: Coast Guard, DOT.
ACTION: Notice of proposed rulemaking.
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SUMMARY: In keeping with the National Performance Review and the
President's Regulatory Reinvention Initiative, the Coast Guard examined
its program for permitting regattas and other marine events. This
proposal would more precisely identify which events require a permit,
which events require only notice to the Coast Guard, and which events
require neither. These changes are proposed to maintain safety of life
during events, while dramatically reducing the burden imposed on the
public.
DATES: Comments must be received on or before May 17, 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. Comments on collection-of-information
requirements must be mailed also to the Office of Information and
Regulatory Affairs, Office of Management and Budget, 725 17th Street
NW., Washington, DC 20503, Attn: Desk Officer, U.S. Coast Guard.
The Executive Secretary maintains the public docket for this
rulemaking. Comments will become part of this docket and will be
available for inspection or copying at room 3406, U.S. Coast Guard
Headquarters, between 8 a.m. and 3 p.m., Monday through Friday, except
Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Mr. Carlton Perry, Auxiliary, Boating, and Consumer Affairs Division,
(202) 267-0979. A copy of this notice may be obtained by calling the
Coast Guard Customer Infoline at 1-800-368-5647 or, in Washington, DC,
267-0780.
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
[[Page 16733]]
comments should include their names and addresses, identify this
rulemaking (CGD 95-054) and the specific section of this proposal to
which each comment applies, and give the reason for each comment.
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.
The Coast Guard will consider all comments received during the
comment period. It may change this proposal after review of the
comments.
The Coast Guard plans no public hearing. Persons may request a
public hearing by writing to the Marine Safety Council at the address
under ADDRESSES. The request should include the reasons why a hearing
would be beneficial. If it determines 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.
Regulatory History
On December 26, 1995, the Coast Guard published a notice
withdrawing a rule entitled ``Regattas and Marine Parades'' (60 FR
66772) (CGD 87-087). That rulemaking, CGD 87-087, had focused only on
determining how far in advance of an event an application should be
submitted and how far in advance of the event a permit should be
issued. In keeping with the National Performance Review, CGD 87-087 has
been replaced with the present rulemaking (CGD 95-054), which addresses
a broader range of issues, including whether permitting could be
reduced or eliminated altogether.
Accordingly, on December 26, 1995, the Coast Guard also published
an advance notice of proposed rulemaking (CGD 95-054) (ANPRM) entitled
``Regattas and Marine Parades; Permit Application Procedures'' in the
Federal Register (60 FR 66773). The ANPRM requested comments on how the
existing program could be improved and to what extent permitting should
be required. Most of the comments received responded to the question of
how much time before the scheduled date of an event must an application
for a permit be submitted.
Background and Purpose
The Coast Guard is authorized, in its discretion, to issue
regulations to promote safety of life on navigable waters during
regattas and marine parades (33 U.S.C. 1233). Though not required by
Congress to do so, the Coast Guard chose to exercise this discretionary
authority by implementing a permitting system for regattas or marine
parades and, in certain instances, issuing temporary local regulations
in conjunction with those permits. Under the current regulations (33
CFR part 100), the sponsors of an organized water event of limited
duration which is conducted according to a prearranged schedule must
submit an application for a regatta or marine parade permit. The
District Commander then decides whether the event will introduce extra
or unusual hazards to the safety of life on navigable waters and, if it
will, requires a permit. The Coast Guard issued approximately 3,100
permits in 1995. Only about three permit applications were denied. For
any event not found to require a permit, the application was so noted
and returned to the applicant.
In keeping with the President's Regulatory Reinvention Initiative,
the Coast Guard is engaged in a comprehensive review of its regulations
to eliminate overly burdensome, unnecessary, and obsolete requirements.
On review of the regatta and marine parade regulations in 33 CFR part
100, the Coast Guard identified several areas for improving customer
service and efficiency.
The Coast Guard believes it can better serve the public by focusing
more precisely on traditional Coast Guard tools to protect our
waterways, enforce our laws, ensure the safety of our ports and
waterways, search for and rescue persons in distress, and maintain
maritime aids to navigation. By focusing more precisely on its unique
capabilities and using the tools with which it is most familiar, the
Coast Guard believes it will improve its ability to promote the safety
of life during marine events, without imposing the burden of extensive
paperwork and administrative responsibilities that result from
permitting requirements.
Under the law, the Coast Guard is authorized to issue the
regulations it deems necessary to promote safety of life during
regattas and marine parades. The law neither mentions nor mandates
permits as the necessary or appropriate procedure to be used.
Permitting has become costly and time consuming for applicants and the
Coast Guard. Based on its past experience with near universal permit
approval, the Coast Guard does not believe continuing the use of this
tool is consistent with either the President's Regulatory Reinvention
Initiative or other National Performance Review recommendations.
Moreover, it is not necessary to achieve the statutory purpose.
Instead, the Coast Guard believes it can more effectively promote its
primary role in regattas (i.e., protecting the safety of life) by
exercising its authority to control navigation under the Ports and
Waterway Safety Act (33 U.S.C. 1221-1232), by issuing temporary
regulations, or, when practicable, by deploying its own vessels and
aircraft to enforce the law, rather than by issuing permits which in
themselves do not ensure safety.
The permit program has grown large, vague, and unwieldy. The
existing regulations are not clear as to which events require a permit.
By their terms, the existing regulations apply to ``organized water
events of limited duration which are conducted according to a
prearranged schedule.'' In application, however, they have been applied
to a broad array of water-related activities, including fireworks
displays and swimming events, which seem to be outside the traditional
concept of a regatta or marine parade. The Coast Guard is concerned
that the categories of events being issued permits may have grown
beyond the scope envisioned by Congress when it focused the statute on
``regattas and marine parades.'' The result is that some sponsors incur
the costs and burdens of preparing and submitting an application only
to find out later that one is not required.
Moreover, with the enactment of the National Environmental Policy
Act (NEPA) (42 U.S.C. et seq.), the Coast Guard's role in marine events
has shifted away from its sole statutory obligation of protecting
safety of life. Instead, the act of issuing permits has had the legal
effect of making these essentially private events subject to time
consuming analysis designed to ensure that the Coast Guard complies
with the NEPA requirements applicable to major Federal actions. Before
the Coast Guard issues a requested permit, which it almost always does,
it must assess the environmental impact of the proposed event and
prepare the appropriate documentation. Compliance with NEPA can delay
approval of a permit for up to 120 days or more.
If the Coast Guard is not issuing a permit, there is no major
Federal action triggering the Coast Guard's obligation to meet the
requirements of NEPA. Notwithstanding the fact that the Coast Guard
would no longer have duties under NEPA, environmental requirements
would still be appropriately addressed. First, event sponsors and
participants are still required to comply with all applicable
environmental laws, apart from the Coast Guard's approval of a permit.
The
[[Page 16734]]
fact is that while eliminating the need for a permit means that there
would be no Federal pre-event review of the environmental effect of a
regatta, assessments under NEPA require only that a Federal decision-
maker be informed of the environmental consequences, but do not mandate
that a particular result be chosen. Therefore, removing this step from
the process is not expected to have any adverse environmental effect.
Indeed, the minimal number of regatta permits that the Coast Guard has
denied, on any grounds, supports this expectation. Nevertheless, the
Coast Guard is conducting an environmental analysis of this proposal,
as discussed later in this preamble.
Because the Coast Guard's review of its regatta permit program
indicates that virtually all applications for permits are approved
(some after consultation with the Coast Guard), the Coast Guard
believes most events are conducted in a safe and responsible manner,
not because a permit was issued but, rather, because sponsors of these
events are inherently law abiding people who routinely consult with the
Coast Guard to ensure their events are conducted safely. Requiring a
long and complex process, leading to additional Federal evaluations and
paperwork, for even small events is not warranted. Instead, the Coast
Guard believes it can fulfill its statutory mandate with a much simpler
process that both reduces the burden on the public and allows the Coast
Guard to do what it does best. It is therefore proposing a much simpler
method for regulating these events.
Discussion of Proposed Rule
The objective of this proposal is to promote safety of life during
marine events, while eliminating unnecessarily burdensome regulations.
This proposal would amend 33 CFR part 100 as necessary to accomplish
the following:
(1) Continue with permitting only when it is needed to advance the
statutory purpose of promoting safety of life during marine events. The
Coast Guard receives and reviews more than 3,000 permit applications in
a typical year and approves all but about 3 of them. Obviously, this is
a great burden on the legal and environmental resources of the Coast
Guard, as well as the public. This rulemaking would remove the need for
unnecessary applications and provide a clearer guide, to District
Commanders and the few remaining applicants, as to what major events
threaten safety of life to the extent that they require the review and
preparation inherent in issuing a permit. This rulemaking should
require substantially fewer permits each year, very possibly fewer than
20 per year nationwide. As necessary, factors relating to the
permitting procedure; such as information required to be submitted and
minimum time needed to process a permit, would be adjusted to
adequately handle this more precisely defined category.
(2) Identify a second category of events that are not large enough
to raise a clear question regarding their safety, but indicate the need
for the Coast Guard to be informed. The sponsor of an event in this
category need only give the Coast Guard advance notice of the event in
writing. In response, the Coast Guard may decide whether any of its
operational resources should be allocated to protect the safety of life
and property at the event, whether it should issue general regulations
or Captain of the Port orders under the Ports and Waterways Safety Act,
or whether it should disseminate information to waterway users by such
means as local or broadcast Notices to Mariners.
(3) Identify a third category of events that are of such a nature
or minimal size that the risk of the event leading to a loss of life is
truly minimal, thereby obviating the need for the Coast Guard to take
any action. Neither a permit nor notice to the Coast Guard would be
required.
Subparts A and B. The proposal would divide part 100 into subpart A
(general) consisting of Secs. 100.01 through 100.50 and subpart B
(special local regulations issued by District Commanders) consisting of
Sec. 100.100 to the end of the part.
Proposed Sec. 100.15. This section is new and would specify that
all marine events must be conducted in a safe and lawful manner.
Proposed Secs. 100.17 and 18. These new sections would replace
existing Secs. 100.15 and 100.20 on permitting procedure. Section
100.17 would require that the Coast Guard be notified in writing of all
events involving over 50 participating vessels. If, after reviewing the
information submitted for the notice under Sec. 100.17, the District
Commander determines that a permit is required, the additional
information in Sec. 100.18 concerning safety measures and potential
environmental impact must be submitted. The vast majority of events
would fall into the notice-only category, with only about 20 a year
nationwide expected to fall into the permit category.
Proposed Sec. 100.19. This new section would provide a procedure
for appeals of decisions by the District Commander on permitting under
Sec. 100.18.
Proposed Sec. 100.50. This section on penalties refers to the
statute (33 U.S.C. 1236). The penalties that may be assessed for
violating a provision of this part or a regulation or order issued
under this part have been statutorily increased from $250/$500 to
$2,500/$5,000.
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 not been reviewed 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
proposal to be so minimal that a full Regulatory Evaluation under
paragraph 10e of the regulatory policies and procedures of DOT is
unnecessary.
For events no longer required to have a permit, this proposal would
eliminate the cost of preparing and submitting an application. Even for
events that just require written notice to the Coast Guard, the only
cost incurred in submitting the readily available information called
for would be the cost of postage. For the few events that would require
a permit, there would be an increase in the amount of information that
must be included in the application. However, this additional
information would allow the Coast Guard to conduct the necessary NEPA
analysis in a more timely manner. Because of the drastic decrease in
the number of permits, the additional information required for a permit
would still lead to a markedly reduced burden on most sponsors. This
information concerns the potential impact of the event on the
environment and is needed to assist the Coast Guard in analyzing those
impacts and evidencing compliance with environmental laws. The cost of
compiling this information would vary greatly depending on the nature
and location of the event.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the
Coast Guard must consider whether this proposal, if adopted, will have
a significant economic impact on a substantial number of small
entities. ``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) government jurisdictions with
populations of less than 50,000.
[[Page 16735]]
As this proposal would affect entities large and small, the
assessment under the ``Regulatory Evaluation'' section of this preamble
applies to small entities as well.
Therefore, the Coast Guard certifies under 5 U.S.C. 605(b) that
this proposal, if adopted, will not have a significant economic impact
on a substantial number of small entities. If, however, you think that
your business or organization qualifies as a small entity and that this
proposal will have a significant economic impact on your business or
organization, please submit a comment (see ADDRESSES) explaining why
you think it qualifies and in what way and to what degree this proposal
will economically affect it.
Collection of Information
Under the Paperwork Reduction Act (44 U.S.C. 3501 et seq. ), the
Office of Management and Budget (OMB) reviews each proposed rule that
contains a collection-of-information requirement to determine whether
the practical value of the information is worth the burden imposed by
its collection. Collection-of-information requirements include
reporting, recordkeeping, notification, and other, similar
requirements.
This proposal would reduce the number of respondents (sponsors of
events) required to provide information to the Coast Guard from about
3,100 a year to less than 1,500 a year. This reduction would result
from the proposed requirement limiting written notice only to events
involving more than 50 participating vessels (proposed Sec. 100.17(a)).
For the 1,500 respondents required to give notice, the collection-of-
information burden would remain about the same as under the existing
permit application requirements in Sec. 100.15(c). Of these, only about
20 would be required to provide the additional information in proposed
Sec. 100.18.
This proposal contains new collection-of-information requirements
in Secs. 100.17, 100.18, and 100.19. The following particulars apply to
the increase in the OMB-approved burden that would result from
collection of additional environmental information by the 20 or so
applicants for a permit under proposed Sec. 100.18:
DOT No: 2115.
OMB Control No.: 2115-0017.
Administration: U.S. Coast Guard.
Title: Regattas and Marine Parades.
Need for Information: To comply with various environmental laws.
Proposed Use of Information: To assist in the preparation of
environmental documentation required before the Coast Guard may issue a
permit.
Frequency of Response: Once of each event requiring a permit.
Burden Estimate: The burden would be in preparing and submitting
the additional environmental information required, the impact of which
would vary with the event.
Respondents: Sponsors of events. Approximately 20 per year
nationwide.
Form(s): None required. Existing Form CG-4423 (Application for
Approval of Marine Event) would no longer be used.
Average Burden Hours Per Respondent: This would vary depending
under the potential environmental impact of the event.
The Coast Guard has submitted the requirements to OMB for review
under section 3504(g) of the Paperwork Reduction Act. Persons
submitting comments on the requirements should submit their comments
both to OMB and to the Coast Guard where indicated under ADDRESSES.
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 is preparing an Environmental Assessment of this
proposal. It will be announced by notice of availability in the Federal
Register and made available in the rulemaking docket for inspection or
copying where indicated under ADDRESSES. If the environmental
assessment indicates that the proposal could have a significant impact
on the environment, certain measures may be incorporated into the final
rule to mitigate any potentially adverse environmental effect.
The Coast Guard is specifically interested in receiving specific
data and comments regarding any anticipated impact that this rule and
the accompanying reduction in Coast Guard's obligations under NEPA may
have on environmentally sensitive areas including, but not limited to,
those areas having natural, historical, or cultural significance.
Anecdotal observations are not solicited. However, the Coast Guard
specifically requests documented example and suggestions as to what
actions can or should be taken to mitigate any anticipated adverse
impact.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
For the reasons set out in the preamble, the Coast Guard proposes
to amend 33 CFR chapter I, subchapter G, as follows:
PART 100--[AMENDED]
1. The heading to subchapter G is revised to read as follows:
SUBCHAPTER G--MARINE EVENTS
2. The authority citation for part 100 is revised to read as
follows:
Authority: 33 U.S.C. 1233; 49 CFR 1.46.
3. The heading for part 100 is revised to read as follows:
PART 100--MARINE EVENTS
4. Before Sec. 100.01, add a subpart heading to read as follows:
Subpart A--General
5. Sections 100.01 and 100.05 are revised to read as follows:
Sec. 100.01 Purpose.
This part prescribes the requirements for holding a marine event in
the navigable waters of the United States.
Sec. 100.05 Definitions.
As used in this part--
District Commander means the Commander of the Coast Guard district
in which the marine event will be held.
Marine event or event means an organized event of limited duration
held on the water according to a prearranged schedule.
Regatta or marine parade means a marine event.
State authority means an official or agency of a State having power
under the laws of the State to regulate marine events on waters over
which the State has jurisdiction.
6. Section 100.15 is revised to read as follows:
Sec. 100.15 General requirements for events.
No marine event may be conducted in such a manner that its
participants violate the navigational rules that apply in the location
where the event is held.
7. Sections 100.17, 100.18, and 100.19 are added to read as
follows:
Sec. 100.17 Notice of event.
(a) The sponsor of a marine event shall notify the Coast Guard of
the event if it involves more than 50 participating vessels.
(b) The notice must be in writing and contain the following
information:
[[Page 16736]]
(1) The name of the sponsor of the event.
(2) Name, address, and telephone number of the person in charge of
the event.
(3) The date and time the event is scheduled to begin and end.
(4) The nature of the event (for example, marine parade, powerboat
race, or sailboat race).
(5) The location of the event as shown on a chart or drawing.
(6) The number of watercraft expected, including watercraft of
spectators.
(7) An explanation of why the event is not likely to endanger human
life and what steps will be taken to ensure that result.
(c) The notice must be submitted to the District Commander at least
120 days before the event is scheduled to begin.
(d) If, after reviewing the notice, the District Commander
determines that the event is likely to result in the loss of human life
unless special precautions are taken, that officer may prohibit the
sponsor from conducting the event unless that officer first grants the
sponsor a permit.
Sec. 100.18 Additional information required.
(a) When a permit is required under Sec. 100.17(d), the sponsor of
the event shall submit the following additional information to the
District Commander at least 120 days before the event is scheduled to
begin:
(1) A detailed plan of how the sponsor plans to conduct the event
without loss of life.
(2) A statement of whether the event will be held in or near the
critical habitat of any endangered or threatened species and, if so,
what steps will be taken to avoid adverse impacts on any member of the
species.
(3) A statement of whether the event will be held in or near an
area designated as environmentally sensitive by a Federal, State, or
local environmental agency and, if so, what adverse impacts it will
have on the area and what steps will be taken to avoid or mitigate the
impacts.
(4) Evidence of coordination and consultation about the event with
all Federal, State, or local environmental agencies to identify
critical habitats and environmentally sensitive areas, to identify
whether any agency indicated the event will have an adverse impact on
the environment, and to identify any steps an agency recommended to
avoid or reduce the adverse impact.
(5) A statement that the event will be conducted in compliance with
all requirements under the Clean Air Act (42 U.S.C. 1857 et seq.), the
Clean Water Act (33 U.S.C. 1321), and the Noise Control Act (42 U.S.C.
4901 et seq.).
(6) A statement of whether the event is to be located on or near
any sites or properties of historic or archaeological importance or
significance to Native Americans.
(7) If the State in which the event will be held has an approved
coastal zone management plan, a determination from the event's sponsor
that the event is consistent with the enforceable policies of that
plan, as well as evidence showing that the State has either concurred,
or been asked to concur, in that determination.
(8) A statement of the consideration of the potential adverse
effects of the event on critical habitats, environmentally sensitive
areas, historic and archaeological sites, sites of importance to Native
Americans, and the manner in which the event has been planned to avoid
or reduce those adverse effects.
(9) Any other information deemed necessary by the District
Commander, such as information to assist the Coast Guard in preparing
required environmental documents on the event, including, when
appropriate, an agreement to implement any mitigation measures
suggested by an agency of the Federal, State, or local government
charged with protecting natural resources.
(b) After review of the information submitted, the District
Commander issues a permit to the sponsor or notifies the sponsor of the
reasons why the event, as planned, does not qualify for a permit. If,
after consultation with the Coast Guard, the sponsor modifies the event
to qualify for a permit, the District Commander issues a permit to the
sponsor. Otherwise, the District Commander notifies the sponsor that
the request for a permit is denied.
Sec. 100.19 Appeals.
Any person adversely affected by a determination of a District
Commander under Sec. 100.18(b) may submit a petition to Chief, Office
of Navigation Safety and Waterway Services, Commandant (G-N), U.S.
Coast Guard Headquarters, 2100 Second Street SW., Washington, DC 20593-
0001 within 7 days of the date of the determination. After considering
all relevant material presented, the Coast Guard notifies the
petitioner of the decision. The decision by the Commandant (G-N) is
final agency action.
Secs. 100.25 and 100.30 [Removed]
8. Sections 100.25 and 100.30 are removed.
9. Section 100.35 is revised to read as follows:
Sec. 100.35 Special local regulations.
(a) The District Commander may issue regulations to promote safety
of life on the navigable waters immediately before, during, and
immediately after a marine event.
(b) The regulations may establish an area within which vessels are
excluded, their entry is limited, or their movement is restricted.
(c) The District Commander may provide notice of the regulations by
means of broadcast or local notices to mariners.
10. Section 100.50 is revised to read as follows:
Sec. 100.50 Penalties.
For violating a provision of this part or a regulation or order
issued under this part, the person or organization is subject to
penalties under 33 U.S.C. 1236.
11. Before Sec. 100.101, add a new subpart B heading and
Sec. 100.100 to read as follows:
Subpart B--Special Local Regulations
Sec. 100.100 Purpose of subpart.
(a) This subpart prescribes regulations for particular recurring
marine events.
(b) Geographical coordinates used in this subpart are not intended
for plotting on maps and charts referenced to the North American Datum
of 1983 (NAD 83), unless the coordinates are labeled NAD 83.
Coordinates without an NAD 83 reference may be plotted on maps or
charts with an NAD 83 reference only after application of the
appropriate corrections published on the map or chart.
Dated: April 11, 1996.
Rudy K. Peschel,
Rear Admiral, U.S. Coast Guard, Chief, Office of Navigation Safety and
Waterway Services.
[FR Doc. 96-9436 Filed 4-16-96; 8:45 am]
BILLING CODE 4910-14-M
