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: Notice of proposed rulemaking.

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SUMMARY: In keeping with the National Performance Review and the

President's Regulatory Reinvention Initiative, the Coast Guard examined

its program for permitting regattas and other marine events. This

proposal would more precisely identify which events require a permit,

which events require only notice to the Coast Guard, and which events

require neither. These changes are proposed to maintain safety of life

during events, while dramatically reducing the burden imposed on the

public.

DATES: Comments must be received on or before May 17, 1996.

ADDRESSES: Comments may be mailed to the Executive Secretary, Marine

Safety Council (G-LRA/3406) (CGD 95-054), U.S. Coast Guard

Headquarters, 2100 Second Street SW., Washington, DC 20593-0001, or may

be delivered to room 3406 at the same address between 8 a.m. and 3

p.m., Monday through Friday, except Federal holidays. The telephone

number is (202) 267-1477. Comments on collection-of-information

requirements must be mailed also to the Office of Information and

Regulatory Affairs, Office of Management and Budget, 725 17th Street

NW., Washington, DC 20503, Attn: Desk Officer, U.S. Coast Guard.

The Executive Secretary maintains the public docket for this

rulemaking. Comments will become part of this docket and will be

available for inspection or copying at room 3406, U.S. Coast Guard

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

Federal holidays.

FOR FURTHER INFORMATION CONTACT:

Mr. Carlton Perry, Auxiliary, Boating, and Consumer Affairs Division,

(202) 267-0979. A copy of this notice may be obtained by calling the

Coast Guard Customer Infoline at 1-800-368-5647 or, in Washington, DC,

267-0780.

SUPPLEMENTARY INFORMATION:

Request for Comments

The Coast Guard encourages interested persons to participate in

this rulemaking by submitting written data, views, or arguments.

Persons submitting

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comments should include their names and addresses, identify this

rulemaking (CGD 95-054) and the specific section of this proposal to

which each comment applies, and give the reason for each comment.

Please submit two copies of all comments and attachments in an unbound

format, no larger than 8\1/2\ by 11 inches, suitable for copying and

electronic filing. Persons wanting acknowledgment of receipt of

comments should enclose stamped, self-addressed postcards or envelopes.

The Coast Guard will consider all comments received during the

comment period. It may change this proposal after review of the

comments.

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

public hearing by writing to the Marine Safety Council at the address

under ADDRESSES. The request should include the reasons why a hearing

would be beneficial. If it determines that the opportunity for oral

presentations will aid this rulemaking, the Coast Guard will hold a

public hearing at a time and place announced by a later notice in the

Federal Register.

Regulatory History

On December 26, 1995, the Coast Guard published a notice

withdrawing a rule entitled ``Regattas and Marine Parades'' (60 FR

66772) (CGD 87-087). That rulemaking, CGD 87-087, had focused only on

determining how far in advance of an event an application should be

submitted and how far in advance of the event a permit should be

issued. In keeping with the National Performance Review, CGD 87-087 has

been replaced with the present rulemaking (CGD 95-054), which addresses

a broader range of issues, including whether permitting could be

reduced or eliminated altogether.

Accordingly, on December 26, 1995, the Coast Guard also published

an advance notice of proposed rulemaking (CGD 95-054) (ANPRM) entitled

``Regattas and Marine Parades; Permit Application Procedures'' in the

Federal Register (60 FR 66773). The ANPRM requested comments on how the

existing program could be improved and to what extent permitting should

be required. Most of the comments received responded to the question of

how much time before the scheduled date of an event must an application

for a permit be submitted.

Background and Purpose

The Coast Guard is authorized, in its discretion, to issue

regulations to promote safety of life on navigable waters during

regattas and marine parades (33 U.S.C. 1233). Though not required by

Congress to do so, the Coast Guard chose to exercise this discretionary

authority by implementing a permitting system for regattas or marine

parades and, in certain instances, issuing temporary local regulations

in conjunction with those permits. Under the current regulations (33

CFR part 100), the sponsors of an organized water event of limited

duration which is conducted according to a prearranged schedule must

submit an application for a regatta or marine parade permit. The

District Commander then decides whether the event will introduce extra

or unusual hazards to the safety of life on navigable waters and, if it

will, requires a permit. The Coast Guard issued approximately 3,100

permits in 1995. Only about three permit applications were denied. For

any event not found to require a permit, the application was so noted

and returned to the applicant.

In keeping with the President's Regulatory Reinvention Initiative,

the Coast Guard is engaged in a comprehensive review of its regulations

to eliminate overly burdensome, unnecessary, and obsolete requirements.

On review of the regatta and marine parade regulations in 33 CFR part

100, the Coast Guard identified several areas for improving customer

service and efficiency.

The Coast Guard believes it can better serve the public by focusing

more precisely on traditional Coast Guard tools to protect our

waterways, enforce our laws, ensure the safety of our ports and

waterways, search for and rescue persons in distress, and maintain

maritime aids to navigation. By focusing more precisely on its unique

capabilities and using the tools with which it is most familiar, the

Coast Guard believes it will improve its ability to promote the safety

of life during marine events, without imposing the burden of extensive

paperwork and administrative responsibilities that result from

permitting requirements.

Under the law, the Coast Guard is authorized to issue the

regulations it deems necessary to promote safety of life during

regattas and marine parades. The law neither mentions nor mandates

permits as the necessary or appropriate procedure to be used.

Permitting has become costly and time consuming for applicants and the

Coast Guard. Based on its past experience with near universal permit

approval, the Coast Guard does not believe continuing the use of this

tool is consistent with either the President's Regulatory Reinvention

Initiative or other National Performance Review recommendations.

Moreover, it is not necessary to achieve the statutory purpose.

Instead, the Coast Guard believes it can more effectively promote its

primary role in regattas (i.e., protecting the safety of life) by

exercising its authority to control navigation under the Ports and

Waterway Safety Act (33 U.S.C. 1221-1232), by issuing temporary

regulations, or, when practicable, by deploying its own vessels and

aircraft to enforce the law, rather than by issuing permits which in

themselves do not ensure safety.

The permit program has grown large, vague, and unwieldy. The

existing regulations are not clear as to which events require a permit.

By their terms, the existing regulations apply to ``organized water

events of limited duration which are conducted according to a

prearranged schedule.'' In application, however, they have been applied

to a broad array of water-related activities, including fireworks

displays and swimming events, which seem to be outside the traditional

concept of a regatta or marine parade. The Coast Guard is concerned

that the categories of events being issued permits may have grown

beyond the scope envisioned by Congress when it focused the statute on

``regattas and marine parades.'' The result is that some sponsors incur

the costs and burdens of preparing and submitting an application only

to find out later that one is not required.

Moreover, with the enactment of the National Environmental Policy

Act (NEPA) (42 U.S.C. et seq.), the Coast Guard's role in marine events

has shifted away from its sole statutory obligation of protecting

safety of life. Instead, the act of issuing permits has had the legal

effect of making these essentially private events subject to time

consuming analysis designed to ensure that the Coast Guard complies

with the NEPA requirements applicable to major Federal actions. Before

the Coast Guard issues a requested permit, which it almost always does,

it must assess the environmental impact of the proposed event and

prepare the appropriate documentation. Compliance with NEPA can delay

approval of a permit for up to 120 days or more.

If the Coast Guard is not issuing a permit, there is no major

Federal action triggering the Coast Guard's obligation to meet the

requirements of NEPA. Notwithstanding the fact that the Coast Guard

would no longer have duties under NEPA, environmental requirements

would still be appropriately addressed. First, event sponsors and

participants are still required to comply with all applicable

environmental laws, apart from the Coast Guard's approval of a permit.

The

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fact is that while eliminating the need for a permit means that there

would be no Federal pre-event review of the environmental effect of a

regatta, assessments under NEPA require only that a Federal decision-

maker be informed of the environmental consequences, but do not mandate

that a particular result be chosen. Therefore, removing this step from

the process is not expected to have any adverse environmental effect.

Indeed, the minimal number of regatta permits that the Coast Guard has

denied, on any grounds, supports this expectation. Nevertheless, the

Coast Guard is conducting an environmental analysis of this proposal,

as discussed later in this preamble.

Because the Coast Guard's review of its regatta permit program

indicates that virtually all applications for permits are approved

(some after consultation with the Coast Guard), the Coast Guard

believes most events are conducted in a safe and responsible manner,

not because a permit was issued but, rather, because sponsors of these

events are inherently law abiding people who routinely consult with the

Coast Guard to ensure their events are conducted safely. Requiring a

long and complex process, leading to additional Federal evaluations and

paperwork, for even small events is not warranted. Instead, the Coast

Guard believes it can fulfill its statutory mandate with a much simpler

process that both reduces the burden on the public and allows the Coast

Guard to do what it does best. It is therefore proposing a much simpler

method for regulating these events.

Discussion of Proposed Rule

The objective of this proposal is to promote safety of life during

marine events, while eliminating unnecessarily burdensome regulations.

This proposal would amend 33 CFR part 100 as necessary to accomplish

the following:

(1) Continue with permitting only when it is needed to advance the

statutory purpose of promoting safety of life during marine events. The

Coast Guard receives and reviews more than 3,000 permit applications in

a typical year and approves all but about 3 of them. Obviously, this is

a great burden on the legal and environmental resources of the Coast

Guard, as well as the public. This rulemaking would remove the need for

unnecessary applications and provide a clearer guide, to District

Commanders and the few remaining applicants, as to what major events

threaten safety of life to the extent that they require the review and

preparation inherent in issuing a permit. This rulemaking should

require substantially fewer permits each year, very possibly fewer than

20 per year nationwide. As necessary, factors relating to the

permitting procedure; such as information required to be submitted and

minimum time needed to process a permit, would be adjusted to

adequately handle this more precisely defined category.

(2) Identify a second category of events that are not large enough

to raise a clear question regarding their safety, but indicate the need

for the Coast Guard to be informed. The sponsor of an event in this

category need only give the Coast Guard advance notice of the event in

writing. In response, the Coast Guard may decide whether any of its

operational resources should be allocated to protect the safety of life

and property at the event, whether it should issue general regulations

or Captain of the Port orders under the Ports and Waterways Safety Act,

or whether it should disseminate information to waterway users by such

means as local or broadcast Notices to Mariners.

(3) Identify a third category of events that are of such a nature

or minimal size that the risk of the event leading to a loss of life is

truly minimal, thereby obviating the need for the Coast Guard to take

any action. Neither a permit nor notice to the Coast Guard would be

required.

Subparts A and B. The proposal would divide part 100 into subpart A

(general) consisting of Secs. 100.01 through 100.50 and subpart B

(special local regulations issued by District Commanders) consisting of

Sec. 100.100 to the end of the part.

Proposed Sec. 100.15. This section is new and would specify that

all marine events must be conducted in a safe and lawful manner.

Proposed Secs. 100.17 and 18. These new sections would replace

existing Secs. 100.15 and 100.20 on permitting procedure. Section

100.17 would require that the Coast Guard be notified in writing of all

events involving over 50 participating vessels. If, after reviewing the

information submitted for the notice under Sec. 100.17, the District

Commander determines that a permit is required, the additional

information in Sec. 100.18 concerning safety measures and potential

environmental impact must be submitted. The vast majority of events

would fall into the notice-only category, with only about 20 a year

nationwide expected to fall into the permit category.

Proposed Sec. 100.19. This new section would provide a procedure

for appeals of decisions by the District Commander on permitting under

Sec. 100.18.

Proposed Sec. 100.50. This section on penalties refers to the

statute (33 U.S.C. 1236). The penalties that may be assessed for

violating a provision of this part or a regulation or order issued

under this part have been statutorily increased from $250/$500 to

$2,500/$5,000.

Regulatory Evaluation

This proposal is not a significant regulatory action under section

3(f) of Executive Order 12866 and does not require an assessment of

potential costs and benefits under section 6(a)(3) of that order. It

has not been reviewed by the Office of Management and Budget under that

order. It is not significant under the regulatory policies and

procedures of the Department of Transportation (DOT) (44 FR 11040;

February 26, 1979). The Coast Guard expects the economic impact of this

proposal to be so minimal that a full Regulatory Evaluation under

paragraph 10e of the regulatory policies and procedures of DOT is

unnecessary.

For events no longer required to have a permit, this proposal would

eliminate the cost of preparing and submitting an application. Even for

events that just require written notice to the Coast Guard, the only

cost incurred in submitting the readily available information called

for would be the cost of postage. For the few events that would require

a permit, there would be an increase in the amount of information that

must be included in the application. However, this additional

information would allow the Coast Guard to conduct the necessary NEPA

analysis in a more timely manner. Because of the drastic decrease in

the number of permits, the additional information required for a permit

would still lead to a markedly reduced burden on most sponsors. This

information concerns the potential impact of the event on the

environment and is needed to assist the Coast Guard in analyzing those

impacts and evidencing compliance with environmental laws. The cost of

compiling this information would vary greatly depending on the nature

and location of the event.

Small Entities

Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the

Coast Guard must consider whether this proposal, if adopted, will have

a significant economic impact on a substantial number of small

entities. ``Small entities'' may include (1) small businesses and not-

for-profit organizations that are independently owned and operated and

are not dominant in their fields and (2) government jurisdictions with

populations of less than 50,000.

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As this proposal would affect entities large and small, the

assessment under the ``Regulatory Evaluation'' section of this preamble

applies to small entities as well.

Therefore, the Coast Guard certifies under 5 U.S.C. 605(b) that

this proposal, if adopted, will not have a significant economic impact

on a substantial number of small entities. If, however, you think that

your business or organization qualifies as a small entity and that this

proposal will have a significant economic impact on your business or

organization, please submit a comment (see ADDRESSES) explaining why

you think it qualifies and in what way and to what degree this proposal

will economically affect it.

Collection of Information

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

Office of Management and Budget (OMB) reviews each proposed rule that

contains a collection-of-information requirement to determine whether

the practical value of the information is worth the burden imposed by

its collection. Collection-of-information requirements include

reporting, recordkeeping, notification, and other, similar

requirements.

This proposal would reduce the number of respondents (sponsors of

events) required to provide information to the Coast Guard from about

3,100 a year to less than 1,500 a year. This reduction would result

from the proposed requirement limiting written notice only to events

involving more than 50 participating vessels (proposed Sec. 100.17(a)).

For the 1,500 respondents required to give notice, the collection-of-

information burden would remain about the same as under the existing

permit application requirements in Sec. 100.15(c). Of these, only about

20 would be required to provide the additional information in proposed

Sec. 100.18.

This proposal contains new collection-of-information requirements

in Secs. 100.17, 100.18, and 100.19. The following particulars apply to

the increase in the OMB-approved burden that would result from

collection of additional environmental information by the 20 or so

applicants for a permit under proposed Sec. 100.18:

DOT No: 2115.

OMB Control No.: 2115-0017.

Administration: U.S. Coast Guard.

Title: Regattas and Marine Parades.

Need for Information: To comply with various environmental laws.

Proposed Use of Information: To assist in the preparation of

environmental documentation required before the Coast Guard may issue a

permit.

Frequency of Response: Once of each event requiring a permit.

Burden Estimate: The burden would be in preparing and submitting

the additional environmental information required, the impact of which

would vary with the event.

Respondents: Sponsors of events. Approximately 20 per year

nationwide.

Form(s): None required. Existing Form CG-4423 (Application for

Approval of Marine Event) would no longer be used.

Average Burden Hours Per Respondent: This would vary depending

under the potential environmental impact of the event.

The Coast Guard has submitted the requirements to OMB for review

under section 3504(g) of the Paperwork Reduction Act. Persons

submitting comments on the requirements should submit their comments

both to OMB and to the Coast Guard where indicated under ADDRESSES.

Federalism

The Coast Guard has analyzed this proposal under the principles and

criteria contained in Executive Order 12612 and has determined that

this proposal does not have sufficient federalism implications to

warrant the preparation of a Federalism Assessment.

Environment

The Coast Guard is preparing an Environmental Assessment of this

proposal. It will be announced by notice of availability in the Federal

Register and made available in the rulemaking docket for inspection or

copying where indicated under ADDRESSES. If the environmental

assessment indicates that the proposal could have a significant impact

on the environment, certain measures may be incorporated into the final

rule to mitigate any potentially adverse environmental effect.

The Coast Guard is specifically interested in receiving specific

data and comments regarding any anticipated impact that this rule and

the accompanying reduction in Coast Guard's obligations under NEPA may

have on environmentally sensitive areas including, but not limited to,

those areas having natural, historical, or cultural significance.

Anecdotal observations are not solicited. However, the Coast Guard

specifically requests documented example and suggestions as to what

actions can or should be taken to mitigate any anticipated adverse

impact.

List of Subjects in 33 CFR Part 100

Marine safety, Navigation (water), Reporting and recordkeeping

requirements, Waterways.

For the reasons set out in the preamble, the Coast Guard proposes

to amend 33 CFR chapter I, subchapter G, as follows:

PART 100--[AMENDED]

1. The heading to subchapter G is revised to read as follows:

SUBCHAPTER G--MARINE EVENTS

2. The authority citation for part 100 is revised to read as

follows:

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

3. The heading for part 100 is revised to read as follows:

PART 100--MARINE EVENTS

4. Before Sec. 100.01, add a subpart heading to read as follows:

Subpart A--General

5. Sections 100.01 and 100.05 are revised to read as follows:

Sec. 100.01 Purpose.

This part prescribes the requirements for holding a marine event in

the navigable waters of the United States.

Sec. 100.05 Definitions.

As used in this part--

District Commander means the Commander of the Coast Guard district

in which the marine event will be held.

Marine event or event means an organized event of limited duration

held on the water according to a prearranged schedule.

Regatta or marine parade means a marine event.

State authority means an official or agency of a State having power

under the laws of the State to regulate marine events on waters over

which the State has jurisdiction.

6. Section 100.15 is revised to read as follows:

Sec. 100.15 General requirements for events.

No marine event may be conducted in such a manner that its

participants violate the navigational rules that apply in the location

where the event is held.

7. Sections 100.17, 100.18, and 100.19 are added to read as

follows:

Sec. 100.17 Notice of event.

(a) The sponsor of a marine event shall notify the Coast Guard of

the event if it involves more than 50 participating vessels.

(b) The notice must be in writing and contain the following

information:

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(1) The name of the sponsor of the event.

(2) Name, address, and telephone number of the person in charge of

the event.

(3) The date and time the event is scheduled to begin and end.

(4) The nature of the event (for example, marine parade, powerboat

race, or sailboat race).

(5) The location of the event as shown on a chart or drawing.

(6) The number of watercraft expected, including watercraft of

spectators.

(7) An explanation of why the event is not likely to endanger human

life and what steps will be taken to ensure that result.

(c) The notice must be submitted to the District Commander at least

120 days before the event is scheduled to begin.

(d) If, after reviewing the notice, the District Commander

determines that the event is likely to result in the loss of human life

unless special precautions are taken, that officer may prohibit the

sponsor from conducting the event unless that officer first grants the

sponsor a permit.

Sec. 100.18 Additional information required.

(a) When a permit is required under Sec. 100.17(d), the sponsor of

the event shall submit the following additional information to the

District Commander at least 120 days before the event is scheduled to

begin:

(1) A detailed plan of how the sponsor plans to conduct the event

without loss of life.

(2) A statement of whether the event will be held in or near the

critical habitat of any endangered or threatened species and, if so,

what steps will be taken to avoid adverse impacts on any member of the

species.

(3) A statement of whether the event will be held in or near an

area designated as environmentally sensitive by a Federal, State, or

local environmental agency and, if so, what adverse impacts it will

have on the area and what steps will be taken to avoid or mitigate the

impacts.

(4) Evidence of coordination and consultation about the event with

all Federal, State, or local environmental agencies to identify

critical habitats and environmentally sensitive areas, to identify

whether any agency indicated the event will have an adverse impact on

the environment, and to identify any steps an agency recommended to

avoid or reduce the adverse impact.

(5) A statement that the event will be conducted in compliance with

all requirements under the Clean Air Act (42 U.S.C. 1857 et seq.), the

Clean Water Act (33 U.S.C. 1321), and the Noise Control Act (42 U.S.C.

4901 et seq.).

(6) A statement of whether the event is to be located on or near

any sites or properties of historic or archaeological importance or

significance to Native Americans.

(7) If the State in which the event will be held has an approved

coastal zone management plan, a determination from the event's sponsor

that the event is consistent with the enforceable policies of that

plan, as well as evidence showing that the State has either concurred,

or been asked to concur, in that determination.

(8) A statement of the consideration of the potential adverse

effects of the event on critical habitats, environmentally sensitive

areas, historic and archaeological sites, sites of importance to Native

Americans, and the manner in which the event has been planned to avoid

or reduce those adverse effects.

(9) Any other information deemed necessary by the District

Commander, such as information to assist the Coast Guard in preparing

required environmental documents on the event, including, when

appropriate, an agreement to implement any mitigation measures

suggested by an agency of the Federal, State, or local government

charged with protecting natural resources.

(b) After review of the information submitted, the District

Commander issues a permit to the sponsor or notifies the sponsor of the

reasons why the event, as planned, does not qualify for a permit. If,

after consultation with the Coast Guard, the sponsor modifies the event

to qualify for a permit, the District Commander issues a permit to the

sponsor. Otherwise, the District Commander notifies the sponsor that

the request for a permit is denied.

Sec. 100.19 Appeals.

Any person adversely affected by a determination of a District

Commander under Sec. 100.18(b) may submit a petition to Chief, Office

of Navigation Safety and Waterway Services, Commandant (G-N), U.S.

Coast Guard Headquarters, 2100 Second Street SW., Washington, DC 20593-

0001 within 7 days of the date of the determination. After considering

all relevant material presented, the Coast Guard notifies the

petitioner of the decision. The decision by the Commandant (G-N) is

final agency action.

Secs. 100.25 and 100.30 [Removed]

8. Sections 100.25 and 100.30 are removed.

9. Section 100.35 is revised to read as follows:

Sec. 100.35 Special local regulations.

(a) The District Commander may issue regulations to promote safety

of life on the navigable waters immediately before, during, and

immediately after a marine event.

(b) The regulations may establish an area within which vessels are

excluded, their entry is limited, or their movement is restricted.

(c) The District Commander may provide notice of the regulations by

means of broadcast or local notices to mariners.

10. Section 100.50 is revised to read as follows:

Sec. 100.50 Penalties.

For violating a provision of this part or a regulation or order

issued under this part, the person or organization is subject to

penalties under 33 U.S.C. 1236.

11. Before Sec. 100.101, add a new subpart B heading and

Sec. 100.100 to read as follows:

Subpart B--Special Local Regulations

Sec. 100.100 Purpose of subpart.

(a) This subpart prescribes regulations for particular recurring

marine events.

(b) Geographical coordinates used in this subpart are not intended

for plotting on maps and charts referenced to the North American Datum

of 1983 (NAD 83), unless the coordinates are labeled NAD 83.

Coordinates without an NAD 83 reference may be plotted on maps or

charts with an NAD 83 reference only after application of the

appropriate corrections published on the map or chart.

Dated: April 11, 1996.

Rudy K. Peschel,

Rear Admiral, U.S. Coast Guard, Chief, Office of Navigation Safety and

Waterway Services.

[FR Doc. 96-9436 Filed 4-16-96; 8:45 am]

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