Annual Marine Events within the Eighth Coast Guard District

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD 08-94-019]

RIN 2115-AE46

Annual Marine Events within the Eighth Coast Guard District

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard proposes to establish permanent special local

regulations for the annual marine events in the Eighth Coast Guard

District. This proposal would reduce the number of annual requests for

temporary final rules for regattas and marine parades and codifying

these marine events in the Code of Federal Regulation would streamline

the implementation process.

DATES: Comments must be received on or before November 7, 1994.

ADDRESSES: Comments should be mailed to the Commander, Eighth Coast

Guard District (dl) (CGD 08-94-019), 501 Magazine St., New Orleans, LA

70130-3396, or may be delivered to room 1311 of the Hale Boggs Federal

Building at the same address between 8 a.m. and 3:30 p.m., Monday

through Friday, except holidays. The telephone number is (504) 589-

6188. Comments may also be hand-delivered to this address.

The Eighth Coast Guard District Legal Office maintains the public

docket for this rulemaking. Comments will become part of this docket

and will be available for inspection or copying at room 1311, Eighth

Coast Guard District, located in the Hale Boggs Federal Building,

between 8 a.m. and 3 p.m., Monday through Friday, except Federal

holidays.

Annual notice of the exact dates and times of the effective period

of the regulation with respect to each event, the geographical area,

and details concerning the nature of the event and the number of

participants and type(s) of vessels involved will also be published in

local notices to mariners. To be placed on the mailing list for such

notices, contact: Commander (oan), Eighth Coast Guard District, Hale

Boggs Federal Building, 501 Magazine Street, Suite 1211, New Orleans,

Louisiana 70118.

FOR FURTHER INFORMATION CONTACT:

LT C.D. Michel, Eighth Coast Guard District Legal Office, at Hale Boggs

Federal Building, 501 Magazine, room 1311, New Orleans, Louisiana

70118, telephone (504) 589-6188.

SUPPLEMENTARY INFORMATION:

Requests 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 rulemaking (CGD 08-94-019) and the specific section to

which the comment applies, and give the reasons for concurrence with or

for any recommended changes to the proposal. Please submit two copies

of all comments and attachments in an unbound format, no larger than 8

by 11 inches, suitable for copying and electronic filing. Persons

desiring acknowledgment that their comments have been received should

enclose a stamped, self-addressed postcard or envelope.

The Coast Guard, will evaluate all communications received and

determine a course of final action on this proposal. Based upon the

comments received the proposal may be changed.

The Coast Guard plans no public hearing. Persons may request a

public hearing by writing to the Eighth Coast Guard District Legal

Office 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.

Drafting Information

The principal persons involved in drafting this document are LCDR

T.P. Marian, Project Manager, and LT C.D. Michel, Project Counsel.

Discussion of Proposed Rules

(a) Currently, Coast Guard units responsible for overseeing the

safety of marine events prepare temporary rules each year for each

event. This rulemaking would eliminate the need to prepare annual

temporary final rules for those annual marine events that have few or

no changes from year to year. If this rule is adopted, the rules would

be effective at the same time each year without need for temporary

rules. The Coast Guard would issue event information in the Local

Notice to Mariners. This would streamline the marine event process for

those regattas and marine events that have very little annual variation

and would significantly reduce the Coast Guard's administrative burden

for managing these type events.

The marine events requiring this regulation are regattas and marine

parades that occur annually in the Eighth District of the United States

Coast Guard with little or no variation in location, time frame, and

sponsors. Table 1 delineates the events, their sponsors, dates, and

locations. Each event occurs annually on or about the date given. The

course will be patrolled by patrol vessels. While viewing the event at

any point outside the regulated area is not prohibited, spectators will

be encouraged to congregate within areas designated by the sponsor.

Non-participating vessels will be permitted to transit the area at NO

WAKE SPEED at the discretion of the Coast Guard Patrol Commander.

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. This is attributed to the fact that the proposal merely

codifies existing marine events. Furthermore, each of the marine events

in Table 1 will require that the navigable waterways delineated be

closed for only a short period of time. As demonstrated by past

experience, these events have been successfully conducted for several

years in cooperation with both the organizers of these events and the

boating public. The same event regulations will be implemented for each

marine event listed in Table 1 and the Coast Guard will continue to

monitor these recurring events in the interest of marine safety. Once

the marine event is terminated the rule of the Coast Guard in

monitoring the marine event ceases. None of the marine events listed in

Table 1 would exceed three days in duration and most of them are for

only several hours of one day. Therefore, the Coast Guard certifies

under 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

This proposal contains no collection-of-information requirements

under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).

Federalism

This proposed action has been analyzed in accordance with the

principles and criteria contained in Executive Order 12612, and it has

been demonstrated that the proposed rulemaking does not have sufficient

federalism implications to warrant the preparation of a Federalism

Assessment.

Environment

This regulation has been thoroughly reviewed by the Coast Guard and

determined to be categorically excluded from further environmental

documentation in accordance with section 2.B.2.c. of Coast Guard

Commandant Instruction M16475.1B.

List of Subjects in 33 CFR Part 100

Marine safety, Navigation (water). Reporting and recordkeeping

requirements, Waterways.

Proposed Regulation

In consideration of the foregoing, the Coast Guard proposes to

amend Part 100 of Title 33, Code of Federal Regulations, as follows:

PART 100--[AMENDED]

1. The authority citation for Part 100 continues to read as

follows:

Authority: 33 U.S.C. 1233; 49 CFR 1.46 and 33 CFR 100.35.

2. A new Sec. 100.801 is added to read as follows:

Sec. 100.801 Annual Marine Events in the Eighth Coast Guard District.

The following regulations apply to the marine events listed in

Table 1 of this section. These regulations will be effective annually,

for the duration of each event listed in Table 1. Annual notice of the

exact dates and times of the effective period of the regulation with

respect to each event, the geographical area, and details concerning

the nature of the event and the number of participants and type(s) of

vessels involved will also be published in local notices to mariners.

Sponsors of events listed in Table 1 must submit an application each

year in accordance with 33 CFR 100.15.

(a) The Coast Guard will patrol the event area under the direction

of a designated Coast Guard Patrol Commander. The Patrol Commander may

be contacted on Channel 16 (156.8 MHz) by the call sign ``PATCOM.''

(b) All persons and vessels not registered with the sponsor as

participants or official patrol vessels are considered spectators. The

``official patrol vessels'' consist of any Coast Guard, state or local

law enforcement and sponsor provided vessels assigned or approved by

the Commander, Eighth Coast Guard District, to patrol the event.

(c) Spectator vessels desiring to transit the regulated area may do

so only with prior approval of the Patrol Commander and when so

directed by that officer and will be operated at a no wake speed in a

manner which will not endanger participants in the event or any other

craft.

(d) No spectator shall anchor, block, loiter, or impede the through

transit of participants or official patrol vessels in the regulated

area during the effective dates and times, unless cleared for entry by

or through an official patrol vessel.

(e) The Patrol Commander may forbid and control the movement of all

vessels in the regulated area. When hailed or signaled by an official

patrol vessel, a vessel shall come to an immediate stop and comply with

the directions given. Failure to do so may result in expulsion from the

area, citation for failure to comply, or both.

(f) Any spectator vessel may anchor outside the regulated area

specified in Table 1, but may not anchor in, block, or loiter in a

navigable channel.

(g) The Patrol Commander may terminate the event or the operation

of any vessel at any time it is deemed necessary for the protection of

life or property.

(h) The Patrol Commander will terminate enforcement of the special

regulations at the conclusion of the event.

Table 1

The Blessing of the Fleet, Morgan City, Louisiana

Sponsor: Louisiana Shrimp and Petroleum Festival & Fair

Association, Inc.

Date: First Sunday of September.

Duration: 8:30 a.m. through 1 p.m.

Location: Berwick Bay from the junction of the Lower Atchafalya

River at Morgan City, Louisiana to Berwick Locks, Buoy 1 (LLNR 18445).

The Contraband Days Fireworks Display, Lake Charles, Louisiana

Sponsor: Contraband Days Festivities, Inc.

Date: First Saturday of May.

Duration: 9 p.m. through 12 a.m. (midnight).

Location: A 500 foot radius from the fireworks barge in Lake

Charles anchored in approximate position 30 deg.13'54'' N,

093 deg.13'42'' W.

Neches River Festival, Beaumont, Texas

Sponsor: Neches River Festival, Inc.

Date: Third weekend of April.

Duration: First day--8 a.m. through 9:30 p.m.; Second day--8 a.m.

through 6 p.m.

Location: The Neches River from Colliers Ferry landing to Lawson's

Crossing at the end of Pine Street.

The Blessing of Shrimp Fleet, Galveston, Texas

Sponsor: Blessing of the Fleet, City of Galveston, Texas.

Date: Fourth Saturday of April.

Duration: 9:30 a.m. through 5:30 p.m.

Location: The Galveston Ship Channel from the Pelican Island Bridge

to Pier 14 at Galveston, Texas.

Dated: August 16, 1994.

Robert C. North,

Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.

[FR Doc. 94-21913 Filed 9-6-94; 8:45 am]

BILLING CODE 4910-14-M