Regattas and Marine Parades

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

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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]

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