[Federal Register Volume 61, Number 124 (Wednesday, June 26, 1996)]
[Rules and Regulations]
[Pages 33027-33033]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-16319]
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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: Interim rule and notice of availability of environmental
assessment.
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SUMMARY: In keeping with the National Performance Review and the
President's Regulatory Reinvention Initiative, the Coast Guard is
revising its marine event regulations to eliminate unnecessary
requirements while continuing to protect the safety of life. The rule
more precisely identifies those events which require a permit, those
which require only written notice to the Coast Guard, and those which
require neither. The environmental assessment and proposed finding of
no significant impact which support this rulemaking are also made
available to the public.
DATES: This rule is effective on January 1, 1997. Comments must be
received on or before August 26, 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
[[Page 33028]]
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, Office of Boating
Safety, (202) 267-0979. A copy of this rule may be obtained by calling
the Coast Guard Customer Infoline, 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 on the
interim rule and environmental assessment. Persons submitting comments
should include their names and addresses, identify this rulemaking (CGD
95-054) and the specific section of this rule or the assessment 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 of envelopes.
The Coast Guard will consider all comments received during the
comment period. It may change this rule or the assessment in view 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 in the Federal
Register an advance notice of proposed rulemaking (ANPRM) (CGD 95-054)
entitled ``Regattas and Marine Parades; Permit Application Procedures''
(60 FR 66773). The ANPRM focused on how the existing program could be
improved and to what extent permitting should be required. Twenty-five
comments were received.
On review of the comments, the Coast Guard decided that a
fundamental revision of its existing marine event program was
warranted. Subsequently, on April 17, 1996, the Coast Guard published a
notice of proposed rulemaking (NPRM) (61 FR 16732) and 20 comments were
received. A public hearing was not requested and none was held.
Advisory Committee Consultation
The National Boating Safety Advisory Council (NBSAC) and the
Navigation Safety Council (NAVSAC) have been consulted in the
formulation of this proposal. A copy of the NPRM was provided to the
members of NBSAC and NAVSAC for review before a joint meeting held on
April 27-29, 1996, in San Francisco, CA. At that meeting, the NBSAC and
NAVSAC members were briefed on the proposed changes but did not submit
comments to the docket. A copy of the minutes of that meeting, when
available, will be entered in the docket at the address under
ADDRESSES.
Background and Purpose
Under the Act of April 28, 1908, the Coast Guard is authorized,
when necessary, 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 special local regulations (SLR's) in conjunction with
those permits.
In keeping with the President's Regulatory Reinvention Initiative,
the Coast Guard reviewed its regatta and marine parade regulations in
33 CFR part 100 and determined that certain revisions are needed to
eliminate overly burdensome, unnecessary, and obsolete requirements. To
that end, this rule eliminates the need for permits, unless they are
necessary to advance the statutory purpose of promoting safety of life
during marine events. The rule establishes various categories of
events: those which do not require any notice or a permit because they
clearly pose no extra or unusual hazard to safety of life; those which
require written notice because they may pose such a hazard; and those
which require a permit because they clearly pose such a hazard.
The statutory authority and the reasons for this rulemaking are
documented in detail in the ANPRM and NPRM and, therefore, are not
repeated in this preamble.
Discussion of General Comments
1. Several comments agreed with the proposed revisions to the Coast
Guard's marine event permitting program and noted that they will remove
the undue burden of the current requirements, without adversely
affecting safety or environmental concerns.
2. Two comments opposed the proposed revisions because the Coast
Guard's permitting system had an indirect benefit on the environment.
Based on the Coast Guard's preliminary analysis and on comments
received from the Fish and Wildlife Service (FWS) and National Marine
Fisheries Service (NMFS), the Coast Guard has initiated consultation
with FWS and NMFS to address protected species and habitat concerns.
The Coast Guard's authority to regulate marine events is limited by
law to those circumstances necessary to promote the safety of life on
navigable waters during those events (33 U.S.C. 1233). Although the
Coast Guard previously has chosen to implement section 1233 authority
through a permitting system, the law neither mentions nor mandates
permits as the necessary or appropriate procedure to be used. While
certain environmental benefits may have inured from the permitting
process, the Coast Guard is not authorized to regulate marine events to
protect the environment. Nevertheless, in an effort to preserve the
incidental environmental benefits of the old permitting system and in
response to several comments received from Federal and State
environmental agencies, the Coast Guard will provide a copy of the
notice (Sec. 100.17(d)) to those Federal authorities that Congress has
specifically charged with protecting affected resources with respect to
these events, as well as to State and local authorities with similar
jurisdiction. The rule also provides that, when a Coast Guard permit is
required, the sponsor must submit to the Coast Guard additional
information on environmental impacts (Sec. 100.18(a)). This information
can then be used by the Coast Guard to give notice to, and consult
with, appropriate Federal, State, and local authorities and to prepare
any necessary environmental documentation.
[[Page 33029]]
Discussion of Comments and Changes to Specific Sections
Section 100.5 Definitions
1. Several commenters stated that the rule should define the term
``participating vessel'' and indicate whether a spectator watercraft
would be considered a ``participating vessel.''
The Coast Guard agrees and has amended the section by adding
definitions of ``participating vessel'' and ``spectator vessel.''
2. Definitions of ``Designated Officer'' and ``local authority''
have been added.
3. The following environmental terms have been defined to assist
sponsors in complying with the notice requirements: ``area of historic,
cultural, or archeological significance,'' ``critical habitat,''
``environmentally sensitive area,'' and ``threatened or endangered
species.'' During the Coast Guard's consultation with FWS and NMFS, the
Services recommended that the Coast Guard's proposed definition of
``environmentally sensitive area'' be expanded to cover environmental
laws not specified in the Coast Guard's definition. In response,
paragraphs (b) and (d) were added to the definition. The Coast Guard is
requesting comments particularly on whether paragraphs (b) and (d) of
the definition provide event sponsors with useful guidance to meet the
notice provisions of Sec. 100.17(a)(2) or are overly broad.
Section 100.15 General Requirements for Events
One commenter recommended that the proposed rule be revised to
specifically state that marine event participants may not violate any
Federal, State, or local rule or regulation, rather than just a
``navigational rule.'' Another commenter objected to the condition,
explaining that complying with the Inland Navigation Rules would
effectively prohibit all races due to requirements for signalling and
giving way during overtaking situations.
The Act of April 28, 1908 (33 U.S.C. 1233) does not preempt the
States from adopting their own laws and regulations regarding waters
within their jurisdiction. In fact, some States have exercised their
authority over these waters to require, among other things, State
permits for marine events or to prohibit marine events in certain
waters. The Coast Guard does not intend, by promulgation of this rule,
to imply that compliance with Coast Guard regulations and permits will
shield marine event sponsors or participating vessels from other
Federal, State, and local requirements. Accordingly, the Coast Guard
has amended the section to clarify that participating vessels must
comply with all applicable Federal, State, and local laws and
regulations. The Coast Guard will continue to notify event sponsors if
the proposed event potentially violates other statutes or regulations
for which the Coast Guard has authority or responsibility. The Coast
Guard has not in the past enforced technical violations of the Inland
Navigation Rules against vessels participating in an organized race
under racing rules and does not envision a change to this policy.
Section 100.17 Notice of event
1. Several commenters stated that the proposed numeric criterion of
50 vessels in Sec. 100.17(a) is insufficient to determine when the
Coast Guard should receive notice of a marine event. Many of these
commenters noted that, for example, an event with 51 sailboats often
presents less of a threat to the safety of life that an event with 49
powerboats travelling at speeds of greater than 30 knots or miles per
hour. Another commenter suggested adding ``more than 200 spectator
vessels'' as a criterion to learn of those events with a small number
of participants, but where the event's large number of anticipated
spectator vessels may result in negative navigation safety or
environmental impacts. Both Federal and State authorities submitted
comments recommending criteria to address high-speed events and
interference with navigation. Similarly, an environmental group
suggested that it was most concerned about high-speed events in
critical habitat areas.
The Coast Guard agrees and, as a result, has added several new
criteria to Sec. 100.17(a) for triggering the need to give notice. In
addition to events that will involve more than 50 participating
vessels, paragraph (1) now includes events (1) that will involve more
than 200 spectator vessels; (2) that will take place in or near a
designated environmentally sensitive area (including a critical habitat
of a threatened or endangered species), or other area of historic,
cultural, or archeological significance, including an area of
significance to Native Americans; (3) that will involve participating
vessels travelling at speeds of greater than 30 miles per hour; (4)
that will cause participating vessels or spectator vessels to cross a
designated shipping lane or otherwise block or cause substantial
interference with navigation on a body of water; (5) that could present
a substantial threat to the safety of human life on navigable waters;
or (6) for which the sponsor is requesting the assignment of Coast
Guard resources or the issuance of a special local regulation under
Sec. 100.35.
2. One commenter suggested that the numeric threshold in
Sec. 100.17(a)(1) should be raised from 50 vessels to 100 vessels.
The Coast Guard supports any revision which will remove overly-
burdensome regulatory requirements, while maintaining the safety of
life on navigable waters. Since the Coast Guard has amended the rule to
include several qualitative criteria, in addition to the quantitative
threshold of 50 vessels, the Coast Guard seeks comment on whether the
suggested threshold of 100 vessels, or some other number, is more
appropriate than the 50-participating-vessel criterion originally
proposed. Likewise, the Coast Guard seeks comment on whether the
suggested threshold of 200 spectator vessels, or some other number, is
appropriate.
3. One Federal authority suggested that the Coast Guard receive
notice of all marine events; another was concerned about the cumulative
effects of multiple marine events occurring in a single location;
several suggested requiring notice for any event to be held in specific
listed waterways, such as the Atlantic Intracoastal Waterway, San
Francisco Harbor, and Puget Sound.
Each of these suggestions, although well-intentioned, would create
the very all-pervasive command and control regulatory structure that
this rule is intended to eliminate. If the Coast Guard were to regulate
consistent with these comments, it would have to require notice of each
vessel entering the waters in order to measure fully the cumulative
effects. This is contrary to the Coast Guard's statutory mandate, which
is limited to regulating marine events only when necessary to protect
the safety of human life. Because the additional criteria for requiring
notice of a marine event take these commenters' concerns into account,
the specific changes suggested have not been adopted.
4. One commenter stated that a sponsor of a sailboat race might
encounter difficulties in complying with the requirement in
Sec. 100.17(b)(5) to give notice of the location of the event, because
the course might change as the winds shift during the event.
The rule requires only information regarding the general location
of the event, as indicated on a chart or drawing, to assist in
determining whether a permit is needed. This information should be
reasonably within the knowledge of a sponsor and, even without the
Coast Guard's requirements, should be determined by
[[Page 33030]]
the sponsor in advance. Therefore, this suggestion was not adopted.
5. Several comments on proposed Sec. 100.17(c), concerning the
length of the notice period, suggested that shorter periods be allowed
in certain instances. Many of these commenters, including Federal and
State authorities, supported a tiered notice period, because, among
other things, longer notice would be warranted if environmental
concerns were involved. Specifically, one Federal authority noted that
consultation provisions of the Endangered Species Act (ESA) (16 U.S.C.
1531 et seq.) may be triggered by the issuance of some Coast Guard
permits and that ESA implementing regulations require a 135-day period
for consultation and opinion submittal.
The Coast Guard agrees and has amended paragraph (c) to create a
tiered notice period consistent with the mandate of ESA. The rule
provides that a sponsor may submit notice at least 60 days before an
event if (1) the sponsor submitted notice of the event in the year
immediately proceding; (2) the nature, location, scheduling, and other
relevant information contained in the prior notice is essentially the
same; and (3) no Coast Guard permit was required in the prior year. If
these conditions are not met, the sponsor must submit notice at least
135 days before the event.
6. One commenter supported the single-notice period of 120 days in
proposed paragraph(c) for annual events, but also stated that some
sponsors might encounter difficulties meeting that requirement. Other
commenters supported shorter notice periods ranging from same-day to
90-days notice.
As stated above, the Coast Guard has determined that the tiered
notice requirement in new paragraph(c) for recurring events will reduce
the burden on event sponsors, while not jeopardizing the safety of
human life on navigable waters.
7. One State authority commented that a State with an approved
Coastal Zone Management Plan must have 6 months notice to make a
Federal consistency determination and the Coastal Zone Management Act
(CZMA) (16 U.S.C. 1451 et seq.) before the issuance of a Federal permit
directly affecting a coastal zone. Another State authority requested
time to make a Federal consistency determination regarding the entire
Coast Guard marine event program.
The Coast Guard has determined that the CZMA applies, if at all, to
individual permits issued under this rule and not to the rulemaking
itself. CZMA section 1456(c) requires the applicant for a Federal
license or permit to submit, with its application to the Federal
agency, a certification that the proposed action is consistent with the
State's Coastal Zone Management Plan (CZMP). To that end, this rule
requires each applicant to submit proof of a Federal consistency
determination and because the CZMA places the burden on the applicant,
the CZMA timeframes are not calculated into this rule.
By contrast, the CZMA imposes on Federal agencies a lesser burden
than it imposes on applicants. The CZMA provides that each Federal
agency which conducts or supports an activity ``directly affecting''
the coastal zone of a State with an approved CZMP to comply with the
CZMP ``to the maximum extent practicable'' (16 U.S.C. 1456(c)(1)). The
Coast Guard has determined that the CZMA is not triggered by this
rulemaking because it is the underlying event that may affect coastal
resources. This rule, in accordance with our statutory authority, is
limited to protecting safety of human life on the navigable waters
during marine events. Therefore, the effects of this rule, if any, on
coastal resources is merely incidental and would be addressed for the
specific event. Even if the CZMA were triggered, the Coast Guard has
complied ``to the maximum extent practicable'' because this rule
includes environmental criteria in its notice provision and requires a
consistency determination to be submitted for each permit.
8. As regards the collection-of-information requirements, one
Federal authority opposed additional requirements. In contrast, a State
authority supported the Coast Guard's proposal to require additional
information on the impacts to threatened or endangered species,
critical habitats or other designated environmentally sensitive areas,
and areas of historic, cultural, or archaeological significance.
As stated in the ``Discussion of General Comments'' section of this
preamble, the Coast Guard is aware that, through the previous
permitting system, the Coast Guard served as a conduit, between various
authorities, for information regarding environmental impacts. To that
end, the Coast Guard has added paragraph (d) to provide that the Coast
Guard will provide a copy of the notice to those Federal authorities
that Congress has specifically charged with protecting affected
resources in this instance, as well as to the State and local
authorities having similar jurisdiction. Of course, once the Coast
Guard decides that a permit is required to protect the safety of human
life, the Coast Guard must comply with several environmental laws,
including the National Environmental Policy Act (NEPA) (42 U.S.C. 4321
et seq.) and the Endangered Species Act (ESA) (16 U.S.C. 1531 et seq.),
which may require the Coast Guard to consult with other Federal
authorities. In furtherance of NEPA's required analysis and ESA's
consultation, Sec. 100.18(a) provides that, when a Coast Guard permit
is required, the sponsor must submit to the Coast Guard additional
information on environmental impacts.
9. New paragraph (d) was added as a result of several comments by
Federal and State authorities. Most of these commenters supported the
Coast Guard's efforts to streamline the marine event permitting process
and noted the Coast Guard is authorized only to issue permits to
protect the safety of human life on navigable waters. Some of these
commenters also indicated, however, that the permitting process has
created indirect benefits to the environment.
The Coast Guard agrees that the scope of its authority is limited.
Nevertheless, the Coast Guard will provide a copy of the notice, under
paragraph (d), to each relevant Federal, State, or local authority
having jurisdiction over a threatened or endangered species, a critical
habitat or other designated environmentally sensitive area, or an area
of historic, cultural, or archeological significance (including an area
of significance to Native Americans), as well as to each authority
having navigational or other jurisdiction over the waters.
10. One environmental group requested that the Coast Guard notify
the public of all high-speed marine events.
Though the Coast Guard is not required to provide pubic notice of
marine events, it has routinely given public notice of its special
local regulations by means of its local and broadcast notices to
mariners. Under Sec. 100.17(d), the Coast Guard will continue this
practice for events on which it receives notice, as well as provide
notice to pertinent Federal, State, and local authorities.
11. The Coast Guard is considering other methods to further reduce
the paperwork burden imposed on event sponsors, including whether to
allow notice under Sec. 100.17 to be submitted by a tollfree
information line or via Internet, rather than in writing. Additionally,
to better serve its customers, the Coast Guard may establish an
Internet site for the posting of information regarding marine events.
The Coast Guard believes that an on-line site would be useful for event
sponsors,
[[Page 33031]]
who would have a clearinghouse for free publicity of their events; for
owners and operators of participating and spectator vessels; for
commercial vessel owners and operators, who would learn of marine
events to be held in nearby waters; and for other regulatory agencies.
The Coast Guard seeks comment on the usefulness and feasibility of
these proposals.
Section 100.19 Appeals
Several commenters apparently were confused as to whether
interested parties, such as State authorities or environmental groups,
could participate in the permit appeal process.
The rule has been revised to clarify that only the event sponsor
may appeal under Sec. 100.19.
Section 100.50 Penalties
One commenter suggested that the Coast Guard should not assess
monetary penalties for violations of these regulations and permits
issued thereunder. One Federal authority proposed that the Coast Guard
should impose a penalty on those who conduct an event without
appropriate notice.
The Act of 1908, as amended (33 U.S.C. 1236), specifies the
penalties that shall be incurred for any violation of regulations
issued under 33 U.S.C. 1233, the authority for this part.
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 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.
Some States authorities commented that they believe that they may
incur costs by virtue of this streamlining measure. The Coast Guard
notes that the effect of this rule is to eliminate certain Federal
requirements and that it does not shift any regulatory burden to State
authorities. Therefore, it will impose no costs on State authorities.
This rule eliminates the cost of preparing and submitting an
application for the thousands of events that will no longer be
permitted. Even for events that just require written notice to the
Coast Guard, the only cost will be the time required to gather the
readily available information and the cost of postage. Despite these
costs, this rule reduces the overall regulatory burden, because fewer
sponsors will be required to submit notice than previously were
required to submit permit applications.
For the few events that will require a permit, there would be an
increase in the amount of information that must be included in the
application. However, this additional information will allow the Coast
Guard to conduct the required environmental analysis in a more timely
manner. Because of the drastic decrease in the number of permits, the
additional information required for a permit will still lead to a
markedly reduced burden on most sponsors. This additional information
concerns the potential impacts 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 will 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 rule 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) governmental jurisdictions with
populations of less than 50,000.
One environmental group, which claimed to be a small entity,
submitted a comment stating that it would face an economic impact
because it would have to devote more resources to monitoring high speed
marine events. The Coast Guard disagrees. None of the requirements
imposed by this rule have been shifted to environmental groups.
Additionally, the rule has been revised to require sponsors of high-
speed events to give notice to the Coast Guard, which notice the Coast
Guard will forward to appropriate Federal, State, and local authorities
(in addition to any local and broadcast notices to mariners it may
issue). Any benefit the environmental group received from the old
program was incidental.
As this rule affects 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 rule 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 rule 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 rule will economically affect
it.
Collection of Information
Under the Paperwork Reduction Act (PRA) 44 U.S.C. 3401 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. The collection-of-information requirements for his
rulemaking have been submitted to the Department of Transportation. The
requirements have not yet been approved by OMB under section 3504(h) of
the PRA and cannot become effective until that approval. Notice of
approval will be published in the Federal Register.
This interim rule will 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 will
result from limiting the requirement for written notice to only certain
events (new Sec. 100.17(a)). As to those respondents required to submit
notices and to have a permit, the collection-of-information burden will
remain about the same as under the previous permit application
requirements in 46 CFR 100.15(c), except for minor 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 will result from collection of additional (mostly
environmental) information by sponsors required to give notice under
Sec. 100.17 and to submit additional information for a permit under
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 laws, including the
Endangered Species Act, the National Historic Preservation Act, and the
National Environmental Policy Act.
Use of Information: To assist in the preparation of documentation
required
[[Page 33032]]
by law before the Coast Guard may issue a permit.
Frequency for Response: Once for each event requiring notice and
once for each event requiring a permit.
Burden Estimate: The burden will be in preparing and submitting the
written notice for each event and the additional environmental
information required to obtain a permit, the impact of which will vary
with the event.
Respondents: Sponsors of events. Approximately 1,500 per year
nationwide will be required to give notice. Of those, about 20 per year
nationwide will be required to submit additional information to obtain
Coast Guard permits.
Form(s): None required. Existing Form CG-4423 (Application for
Approval of Marine Event) will no longer be used.
Average Burden Hours Per Respondent: This will vary depending on
the potential impact of the event.
Federalism
The Coast Guard has analyzed this rule under the principles and
criteria contained in Executive Order 12612 and has determined that
this rule does not have sufficient federalism implications to warrant
the preparation of a Federalism Assessment.
Environment
The Coast Guard has prepared an environmental assessment (EA) and
proposed finding of no significant impact (FONSI) for this rule. The EA
and proposed FONSI are available in the rulemaking docket for
inspection or copying and are open to public comment where indicated
under ADDRESSES.
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 amends 33
CFR part 100 as follows:
PART 100--MARINE EVENTS
1. The authority citation for part 100 is revised to read as
follows:
Authority: 33 U.S.C. 1233; 49 CFR 1.46.
2. The heading for part 100 is revised to read as set forth above.
3. Before Sec. 100.01, add a subpart heading to read as set forth
above.
Subpart A--General
4. 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 on
the navigable waters of the United States.
Sec. 100.05 Definitions.
As used in this part--
Area of historic, cultural, or archeological significance means a
place or structure that is listed, or is eligible for listing, in the
National Register of Historic Places under the National Historic
Preservation Act of 1966 (16 U.S.C. 661 et seq.); an area that is
designated under other applicable Federal, State, or local historic
preservation law or regulation; or an area of significance to Native
Americans.
Critical habitat means a geographical area formally identified
under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) that
is considered essential to the conservation of a species listed as
threatened or endangered under the Act and that may require special
management considerations or protection.
Designated Officer means a Coast Guard officer designated by the
District Commander to carry out the functions assigned in this part to
the Designated Officer.
District Commander means the Commander of the Coast Guard district
in which the marine event will be held.
Environmentally sensitive area means a geographical area that is
designated--
(1) As a critical habitat of a threatened or endangered species
under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.);
(2) For protection under a State endangered or protected species
statute;
(3) As a marine sanctuary under the Marine Protection, Research,
and Sanctuaries Act of 1972 (16 U.S.C. 1431 et seq. and 33 U.S.C. 1401
et seq.); or
(4) As a wildlife sanctuary, refuge, or special natural resource
conservation area under Federal or State law.
Local authority means an official or agency of local government
having power under the laws of a State to regulate marine events on
waters over which the State has jurisdiction.
Marine event or event means an organized event of limited duration
held on the water according to a prearranged schedule.
Participating vessel means a vessel that is participating in a
marine event.
Regatta or marine parade means a marine event.
Spectator vessel means a vessel at a marine event, other than a
participating vessel, and includes support and safety patrol vessels.
State authority means an official or agency of a State having power
under the laws of the State to regulate waters or resources over which
the State has jurisdiction.
Threatened or endangered species means a species that is listed, or
proposed for listing, as threatened or endangered under the Endangered
Species Act of 1973 (16 U.S.C. 1531 et seq.) or other species of plant
or wildlife protected by an equivalent State statute.
5. 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 a
participating vessel violates any Federal, State, or local law or
regulation that applies during the time and at the location of the
event.
6. 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 Designated
Officer if--
(1) The event will involve more than 50 participating vessels or
more than 200 spectator vessels;
(2) The event will take place in or near a designated
environmentally sensitive area (including a critical habitat of a
threatened or endangered species), or other area of historic, cultural,
or archeological significance, including an area of significance to
Native Americans;
(3) The event will involve participating vessels travelling at
speeds of greater than 30 miles per hour;
(4) The event will cause participating vessels or spectator vessels
to cross a designated shipping lane or otherwise block or cause
substantial interference with navigation on a body of water;
(5) The event could present a substantial threat to the safety of
human life on navigable waters; or
(6) The sponsor is requesting the use of Coast Guard resources or
the issuance of a special local regulation under Sec. 100.35.
(b) The notice must be in writing and contain the following
information:
(1) The name of the sponsor and the event.
(2) Name, address, and telephone number of the person in charge of
the event.
(3) The date and approximate time the event is scheduled to begin
and end.
(4) The nature of the event (e.g., marine parade, powerboat race,
or sailboat race).
(5) The general location of the event as shown on a chart or
drawing.
(6) The number and type (e.g., powerboat or sailboat) of
participating vessels and spectator vessels expected.
[[Page 33033]]
(7) An explanation of why the event does not present a substantial
threat to the safety of human life on navigable waters and what steps
will be taken to ensure that result.
(8) The expected effect, if any, of the event on the following
resources:
(i) A threatened or endangered species.
(ii) A critical habitat or other designated environmentally
sensitive area.
(iii) The coastal zone of a State with a Federally-approved Coastal
Zone Management plan under 16 U.S.C. 1451 et seq.
(iv) An area of historic, cultural, or archeological significance,
including an area of significance to Native Americans.
(c) A sponsor of an event meeting the criteria of paragraph (a) of
this section must submit notice to the Designated Officer at least 135
days before the event. However, a sponsor may submit the notice no
later than 60 days before the event if--
(1) The sponsor submitted a notice of the event in the year
immediately preceding;
(2) The nature, location, scheduling, and other relevant
information contained in the prior notice is essentially the same; and
(3) The Coast Guard required no permit for the prior event.
(d) The Coast Guard will provide a copy of the notice to the
appropriate Federal, State, and local authorities having jurisdiction
over the affected waters and also to the appropriate Federal, State, or
local authorities having jurisdiction over potentially affected
critical habitat of a threatened or endangered species or other
designated environmentally sensitive area or an area of historic,
cultural, or archeological significance, including an area of
significance to Native Americans.
(e) If, after reviewing the notice, the Designated Officer
determines that the event is likely to present a substantial threat to
the safety of human life on navigable waters, the Designated Officer
will notify the sponsor that the event may not be held unless the
sponsor first obtains a Coast Guard permit for the event.
Sec. 100.18 Permits.
(a) When a permit is required under Sec. 100.17(e), the sponsor of
the event shall submit the following additional information to the
Designated Officer within 30 days after the date of notice of the
decision that a permit will be required:
(1) A detailed plan of how the sponsor plans to conduct the event
so as to minimize the risk to the safety of human life on the navigable
waters.
(2) 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.), the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.), the Marine Mammal Protection Act of 1972 (16 U.S.C. 1361 et
seq.), and other applicable Federal, State and local laws, regulations,
and ordinances.
(3) If the event is subject to a State's Federally approved coastal
zone management plan, a determination from the event sponsor that the
event is consistent with the enforceable policies of that plan, as well
as evidence showing when the State concurred, or was asked to concur,
in that determination.
(4) The name of all Federal, State, or local authorities contacted
about the event, the date of each contact, whether any agency indicated
that the event will have an adverse impact on a resource, any steps an
agency recommended to mitigate the impact, and the sponsor's plan to
mitigate the impact.
(5) Any other information deemed necessary by the Designated
Officer, 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 any Federal, State, or local authority.
(b) The Designated Officer will forward the information to the
District Commander, who reviews the information submitted and issues a
permit to the sponsor or notifies the sponsor that a permit has been
denied and states the reasons for the denial. The sponsor may, within
15 days of the date of notice of the decision to deny a permit, request
reconsideration and submit revised or additional information to show
that the event has been modified. The District Commander reviews the
information submitted for reconsideration and issues a permit or
notifies the sponsor that a permit is denied.
Sec. 100.19 Appeals.
The sponsor of a marine event for which the District Commander has
denied a permit may appeal that decision in writing to Chief,
Operations, 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 material presented, the Chief,
Office of Operations, notifies the petitioner of the decision. The
decision by the Chief, Office of Operations, is final agency action.
Secs. 100.25 and 100.30 [Removed]
7. Sections 100.25 and 100.30 are removed.
8. 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
participating vessels, or other vessels are excluded, their entry is
limited, or their movement is restricted.
(c) The District Commander will provide notice of the regulations
to the State and local authorities having jurisdiction over the
affected navigable waters and may provide notice of the regulations by
means of local or broadcast notices to mariners.
9. Section 100.50 is revised to read as follows:
Sec. 100.50 Penalties.
Any person who violates a provision of this part or a regulation
issued under this part shall be subject to a penalty assessed under 33
U.S.C. 1236.
10. 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.
J.A. Creech,
Captain, U.S. Coast Guard, Director, Operations Policy.
[FR Doc. 96-16319 Filed 6-25-96; 8:45 am]
BILLING CODE 4910-14-M
