Federal Register / Vol. 60, No. 247 / Tuesday, December 26, 1995 / Proposed Rules 66773

all marine events and suggested various

submission times of 60 days or less. A

few comments supported the proposed

submission time of 90 days for larger

events. Another comment suggested

requiring a submission time of 105 days

to allow for a full environmental impact

analysis.

Many comments emphasized

planning problems faced by sponsors

due to short seasons, volunteer

organization officials, long periods of

inactivity prior to the boating season

start-up events, and difficulty in getting

firm, detailed information sooner than

30 days before an event.

The Coast Guard has determined that

the best course of action at this point is

to withdraw this single issue

rulemaking and examine the issue of

permit application submission times as

part of a broader project to conduct a

regulatory review of the entire regatta

and marine parade permit process, [CGD

95–054] published elsewhere in this

issue. Therefore, the Coast Guard is

withdrawing the rulemaking [CGD 87–

087] and merging its docket with [CGD

95–054].

Dated: December 18, 1995.

Rudy K. Peschel,

Rear Admiral, U.S. Coast Guard, Chief, Office

of Navigation Safety and Waterway Services.

[FR Doc. 95–31215 Filed 12–22–95; 8:45 am]

BILLING CODE 4910–14–M

33 CFR Part 100

[CGD 95–054]

RIN 2115–AF17

Regattas and Marine Parades; Permit

Application Procedures

AGENCY: Coast Guard, DOT.

ACTION: Advance notice of proposed

rule; request for comments.

SUMMARY: In keeping with the National

Performance Review, the Coast Guard is

examining its procedures for permitting

regattas and marine parades in order to

improve its service to event sponsors

and affected navigation in the event

area. In order to identify and consider

the permitting procedures and

application requirements which should

be modified or removed, the Coast

Guard is requesting comments from

interested and affected individuals and

entities early in the process. This

regulatory review seeks to identify

better ways to reduce permit application

processing time and eliminate

unnecessary paperwork without

adversely affecting vessel safety in the

event area.

DATES: Comments are requested by

February 9, 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.

The Executive Secretary maintains the

public docket for this notice. Comments

will become part of this docket and will

be available for inspection or copying at

room 3406, U.S. Coast Guard

Headquarters.

The minutes of National Boating

Safety Advisory Council (NBSAC)

meetings at which regatta and marine

parade permit application issues were

discussed are available for examination

in the docket.

FOR FURTHER INFORMATION CONTACT:

Carlton Perry, Project Manager,

Auxiliary, Boating, and Consumer

Affairs Division, (202) 267–0979. A

copy of this notice may be obtained by

calling the Coast Guard’s toll-free Coast

Guard Customer Infoline, 1–800–368–

5647. In Washington, DC, call 267–0780.

SUPPLEMENTARY INFORMATION:

Request for Comments

The Coast Guard encourages

interested persons to participate in this

request for comments by submitting

written data, views or arguments.

Persons submitting comments should

include their names and addresses and

identify this notice (CGD 95–054).

Please submit two copies of all

comments and attachments in an

unbound format, no larger than 81⁄2 by

11 inches, suitable for copying and

electronic filing. Persons wanting

acknowledgment of receipt of comments

should enclose stamped, self-addressed

postcards or envelopes.

Background and Purpose

Under 33 U.S.C. 1233, the Coast

Guard has discretionary authority to

issue regulations to promote the safety

of life on navigable waters during

regattas or marine parades. Section

100.15 of Title 33, Code of Federal

Regulations prescribes the requirements

for regatta and marine parade (marine

event) permit applications, including:

(1) which events require a Coast Guard

marine event permit; (2) limiting the

validity of a marine event permit to not

exceed one year; (3) the timeframe for

submitting permit applications; and (4)

information the sponsor must provide in

an application package.

The Coast Guard reviews all regatta

permit applications to determine

whether or not a permit is required to

hold the event. The Coast Guard checks

the permit application package for

completeness and contacts the applicant

for missing or additional information.

Permit applications are reviewed for

extra or unusual hazards to the safety of

life, such as an inherently hazardous

competition; customary presence of

commercial or pleasure craft in the area;

any obstruction of a navigable channel;

and accumulation of spectator craft. The

Coast Guard addresses this extra or

unusual hazard in a cooperative effort

between the event sponsor and the

issuing authority, e.g., a Coast Guard

Group Commander, throughout the

permit application review process. The

Coast Guard issuing authority discusses

the location and conduct of the event,

consults with other affected commands,

e.g., Captain of the Port or Vessel Traffic

Service Center, assigns and directs

safety patrol craft, in addition to

sponsor provided safety patrol craft, as

deemed necessary, establishes a safety

patrol communication plan for use

before, during and immediately after the

event, and notifies local navigation of

the event through the Local Notice to

Mariners and often through local media

sources, as well.

The Coast Guard may also need to

contact Federal, State or local agency

offices to determine if there are

conflicting activities scheduled in the

area. Not all events for which a permit

application is submitted require Coast

Guard approval. Those applications are

returned to the sponsors with

notification that the event does not

require a permit. If a permit for a marine

event is required, the Coast Guard must

decide whether the permit should be

issued or denied.

When necessary, the Coast Guard

promulgates special local regulations in

the Federal Register to ensure safety of

life on navigable waters before, during,

and after an approved marine event.

These regulations may include

restricted or other controlled movement

of navigation through the event area.

Before promulgating special local

regulations, the Coast Guard must give

the public notice and an opportunity to

comment on the proposed regulations.

Applications for marine events which

require a permit must also be reviewed

and evaluated in accordance with Coast

Guard procedures for complying with

laws to protect the environment.

Environmental review may require

coordination with Federal, State, or

local government environmental

agencies to use their special expertise in

determining whether the marine event
66774 Federal Register / Vol. 60, No. 247 / Tuesday, December 26, 1995 / Proposed Rules

has the potential for adverse

environmental effects. Specific

environmental documentation may be

required in those cases where a

potential for adverse effects exists.

Early Participation

The Coast Guard has consulted

previously with the National Boating

Safety Advisory Council (NBSAC) on

regatta and marine parade permit

procedures and their opinions and

advice have been considered in the

formulation of this notice. NBSAC

conducted a regular periodic review of

all then current recreational boating

safety regulations at its May, 1986,

meeting. At its November, 1986,

meeting, NBSAC recommended only

that the Coast Guard increase the permit

application submission time from 30

days to 60 days. NBSAC conducted

another regular periodic review of all

then current recreational boating safety

regulations at its May, 1992, meeting. At

that meeting, NBSAC recommended

increasing the permit application

submission time, possibly with a two

tier system. The minutes of NBSAC

meetings at which regatta permit

application submission times were

discussed are available for examination

in the docket, at the address under

ADDRESSES.

The Coast Guard will continue to

consult with NBSAC on regatta and

marine parade permitting issues as the

regulatory project develops.

In 1988, under Coast Guard docket

87–087; RIN: 2115–AC84, the Coast

Guard proposed increasing the

submission time for all marine events to

90 days prior to an event (53 FR 3221;

February 4, 1988). The Coast Guard

received 45 letters commenting on the

proposal.

Most of the 45 comments on the

proposal were submitted by event

sponsors, which ranged from small

sailing clubs and regional and national

sailing or boating associations to a

municipality and two commercial

fireworks display sponsors. Most of the

comments acknowledged or supported a

need for some increase in the

submission time for permit applications

for some events, but objected to the

proposed 90-day submission time for all

events. A few comments supported the

proposed submission time of 90 days for

larger events. Another comment

suggested requiring a submission time

of 105 days to allow for a full

environmental impact analysis.

Many comments emphasized

planning problems faced by sponsors

due to short seasons, volunteer

organization officials, long periods of

inactivity prior to the boating season

start-up events, and difficulty in getting

firm, detailed information sooner than

30 days before an event.

Some other suggestions included:

delaying the final decision on a permit

application until adequate information

is submitted or starting a 60-day review

once all needed information is

submitted; requiring the applicant to

accept more coordination responsibility

to help the Coast Guard complete

required procedures in less than 90

days; accepting applications up to 30

days late, if accompanied by a $250 late

fee; and streamlining the process by

using computer systems for data

collection.

Since the Notice of Proposed

Rulemaking (NPRM) was published for

this rulemaking, the Coast Guard has

participated in the National

Performance Review and initiated a

broader regulatory examination of the

entire Regatta and Marine Parade Permit

process, including appropriate permit

application submission times.

Therefore, the Coast Guard is

withdrawing the single issue

rulemaking project under docket

number 87–087, published elsewhere in

this issue, and merging that docket with

this docket number 95–054. The permit

application submission time issue will

be included in the broader overall

review and revision of the regatta and

marine parade permit process

regulations and evolve into a proposed

rulemaking after consideration of the

comments received.

Solicitation of Views

The Coast Guard strives to reach

consensus among all stakeholders in

waterways activities, across all modes of

transportation. These stakeholders

generally include, commercial and

recreational navigation, marine event

sponsors, participants and spectators,

environmental interests, and local

communities. These customers’ needs

define Coast Guard marine event permit

program workloads and priorities, and

customer satisfaction measures the

program’s success.

The Coast Guard solicits comments

from all segments of the marine

community, State and local authorities,

National Boating Safety Advisory

Council (NBSAC), and other interested

persons on permit application

requirements, including submitted

information requirements, and

economic, navigational safety,

environmental protection, and other

impacts of approving permits for marine

events. The Coast Guard also requests

suggested alternatives related to when a

permit should be required, how

frequently to submit permit applications

for repetitive events, what time period

before the start of an event should an

application be submitted to enable the

Coast Guard to conduct its analyses,

coordination, consultation with other

expert agencies and meet its

responsibilities to ensure the safety of

navigation and protection of the

environment, prior to the start of the

event. Persons submitting comments

should do so as directed under Request

for Comments above, and specify the

area(s) of concern on which comments

are being submitted, state what impacts

may result from one or more alternatives

identified, suggest other alternatives,

and provide reasons to support the

information provided on potential

impact or suggested alternatives. The

Coast Guard is particularly interested in

receiving information, views, and data

on the following questions and areas of

concern:

1. Should the Coast Guard Permit

Marine Events Located in Navigable

Waters of the United States?

In 33 CFR 100.15(a), an application

must be submitted to the Coast Guard

when a regatta or marine parade which,

by its nature, circumstances or location,

will introduce extra or unusual hazards

to the safety of life of the navigable

waters of the United States. Examples of

conditions which are deemed to

introduce extra or unusual hazards to

the safety of life include but are not

limited to: An inherently hazardous

competition, the customary presence of

commercial or pleasure craft in the area,

any obstruction of navigable channel

which may reasonably be expected to

result, and the expected accumulation

of spectator craft.

Should a Coast Guard permit be

required for any marine events?

What kind of marine events should

require a Coast Guard permit?

What circumstances related to a

marine event should trigger the

requirement to submit an application for

Coast Guard approval of the event?

What kind of marine events should

not require a Coast Guard permit?

What kind of marine events should

the Coast Guard only act on as a

coordinator or clearing house of

information and advise local navigation

of the event by Local Notice to

Mariners?

2. Should the Coast Guard Continue to

Limit the Effect of a Marine Event

Permit to One Calendar Year?

Under 33 CFR 100.15(b), the Coast

Guard is authorized to grant a permit for

a series of events for a fixed period of

time, not to exceed one year. Some

events have been held several times
Federal Register / Vol. 60, No. 247 / Tuesday, December 26, 1995 / Proposed Rules 66775

during a year at the same location or

locations; other events may be held

annually at the same location.

Should the Coast Guard issue multiyear permits for marine events held

regularly by a sponsor over several years

during the same time period at the same

location?

Should the Coast Guard implement

fast-track renewals of annual permits for

marine events held regularly by a

sponsor over several years during the

same time period at the same location?

3. How Early Should a Permit

Application be Submitted to the Coast

Guard Before the Start of a Marine

Event?

Under 33 CFR 100.15(c), an

application must be submitted no less

than 30 days prior to the start of the

proposed event. The Coast Guard is

currently analyzing its business

processes to determine whether and

how much additional time before an

event date is needed in order to

complete processing applications for

regattas and marine parades.

The Coast Guard is also considering

whether to maintain one minimum time

period for submitting all permit

applications before the start of an event

or establish two minimum time periods,

a short time for most permit

applications and a longer time for the

small number of permit applications

that require more time to process.

Establishing two minimum time periods

could strike a balance between the

difficulty many sponsors face to submit

detailed permit applications far in

advance of a proposed event and the

Coast Guard’s need for some additional

time to conduct necessary navigation

safety reviews, to contact appropriate

Federal, State and local agencies, to

prepare appropriate environmental

documents, and to promulgate required

special local regulations. Permit

applications for most marine events

could be submitted a short time (e.g., 30,

45 or 60 days) before a proposed event

and allow sufficient time for the Coast

Guard to complete processing the

permit application. However, permit

applications for other marine events that

require additional consultation,

notification, or documentation should

be submitted much earlier before the

event (e.g., 60, 90, 105, 120 or more

days) or the sponsor may have to cancel

the event or postpone it until the Coast

Guard completes its required

procedures. Submitting permit

applications earlier for events for which

the Coast Guard must prepare an

environmental assessment or

promulgate special local regulations

should allow sufficient time for the

Coast Guard to complete consulting

with environmental agencies and to

provide notice and public comment on

proposed safety regulations, without

unreasonably burdening sponsoring

organizations.

Should the Coast Guard retain a single

minimum permit application

submission time for all marine events?

Should the Coast Guard establish

minimum permit application

submission times for two or more

categories of marine events?

What minimum permit application

submission time(s) should the Coast

Guard establish for what category(ies) of

marine events?

4. What Information Should a Sponsor

Provide in a Marine Event Permit

Application?

Under 33 CFR 100.15(d), a permit

application shall include the following

details:

(1) Name and address of sponsoring

organization.

(2) Name, address, and telephone of

person or persons in charge of the event.

(3) Nature and purpose of the event.

(4) Information as to general public

interest.

(5) Estimated number and types of

watercraft participating in the event.

(6) Estimated number and types of

spectator watercraft.

(7) Number of boats being furnished

by sponsoring organizations to patrol

event.

(8) A time schedule and description of

events.

(9) A section of a chart or scale

drawing showing the boundaries of the

event, various water courses or areas to

be utilized by participants, officials, and

spectator craft.

Section 100.15(d), last revised in

1963, does not address collection of any

information related to potential adverse

impacts that the event may have on the

environment in the event area, or

mitigation measures for those impacts.

In an effort to avoid delaying scheduled

marine events due to permit application

processing, while still complying with

its responsibilities under laws for

protection of the environment, the Coast

Guard has been accepting information

voluntarily provided by event sponsors

that address potential impacts the event

may have on the environment, any

Federal, State or local environmental

agencies to sponsor may have contacted

and any comments they may have had

regarding the event, and other related

environmental information.

Under the Paperwork Reduction Act

(44 U.S.C. 3501 et seq.), the Coast Guard

has previously submitted the existing

requirements to the Office of

Management and Budget (OMB) for

review under section 3504(h) of the

Paperwork Reduction Act (44 U.S.C.

3501 et seq.), and OMB approved them.

The part number is part 100 and the

corresponding OMB approval number is

OMB Control Number 2115–0017. Any

new information requirements proposed

in a rulemaking project developed as a

result of comments to this notice will

also be submitted to OMB for review

and approval.

What information currently required

should not be required?

What information related to potential

environmental impacts or mitigation of

adverse impacts should be required?

What information should be initially

submitted to allow the Coast Guard to

begin processing the application?

What information should the sponsor

be allowed to submit later in the

process, but before a permit is issued?

5. What Economic Impacts May Result

From Requiring Earlier Permit

Application Submission Times or

Additional Permit Application

Information?

Currently, Coast Guard permit issuing

officials rely on statements of

coordination made by the sponsor, and

when time permits provide notice to

affected navigation interests by

announcements in a Local Notice to

Mariners and direct mailing or

telephone contracts, and by publishing

needed special local regulations in the

Federal Register.

What economic impacts may occur

due to longer processing time for the

Coast Guard to hold public hearings on

safety of life in the event area, provide

notice to and receive input from affected

navigation, and to consult with

appropriate Federal, State and local

government environmental agencies on

potential adverse impacts the event may

have on the environment?

What economic impacts are currently

incurred in applying for a Coast Guard

marine event permit?

6. Other Factor or Information

Is there any other information you feel

may be helpful to assist the Coast Guard

in processing permit applications for

event sponsors in a timely manner

while allowing adequate public notice

to navigation and environmental

interests, including holding public

hearings for certain events; consulting

with other Federal, State and local

agencies; promulgating special local

regulations to ensure vessel safety

immediately before, during and after an

event; and preparing needed

environmental documentation, prior to

the date of the event?
66776 Federal Register / Vol. 60, No. 247 / Tuesday, December 26, 1995 / Proposed Rules

What other alternatives regarding the

permitting of regatta and marine parades

to ensure the safety of life and

protection of the environment should

the Coast Guard consider?

What other factors or information

should be considered in revising Coast

Guard procedures for processing permit

applications?

All comments received by the Coast

Guard as a result of this notice will be

summarized and provided to NBSAC

members for their consideration and

consultation. The Coast Guard will

consider all relevant comments in the

development of any regulatory project to

revise its procedures for processing

applications for approval of regattas and

marine parades.

Dated: December 18, 1995.

Rudy K. Peschel,

Rear Admiral, U.S. Coast Guard, Chief, Office

of Navigation Safety and Waterway Services.

[FR Doc. 95–31217 Filed 12–22–95; 8:45 am]

BILLING CODE 4910–14–M

33 CFR Part 117

[CGD13–95–051]

RIN 2115–AE47

Drawbridge Operation Regulations;

Chehalis River, WA

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

SUMMARY: At the request of the

Washington Department of

Transportation, the Coast Guard is

considering an amendment to the

regulations governing the operation of

the Union Pacific railroad drawbridge

and the U.S. Route 101 bridge over the

Chehalis River at Aberdeen,

Washington. The proposed rule would

remove the portion of the existing

regulations pertaining to the Union

Pacific railroad drawbridge because that

bridge is no longer in operation and will

be removed. The proposed rule would

also require one hour notice at all times

for opening the drawspan of the U.S.

Route 101 bridge for the passage of

vessels. Finally, the proposed rule

would change the special sound signal

for requesting openings of the U.S.

Route 101 bridge to the standard signal

of one prolonged blast followed by one

short blast.

DATES: Comments must be received on

or before February 26, 1996.

ADDRESSES: Comments should be

mailed to Commander (oan), Thirteenth

Coast Guard District, 915 Second

Avenue, Seattle, Washington, 98174–

1067. The comments and other

materials referenced in this notice will

be available for inspection and copying

at 915 Second Avenue, Room 3410,

Seattle, Washington. Normal office

hours are between 7:45 a.m. and 4:15

p.m., Monday through Friday, except

federal holidays. Comments may also be

hand-delivered to this address.

FOR FURTHER INFORMATION CONTACT:

John E. Mikesell, Chief, Plans and

Programs Section, Aids to Navigation

and Waterways Management Branch,

(Telephone: (206) 220–7270).

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

comments should include their names

and addresses, identify this rulemaking

(CGD13–95–051) 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 unbound format, no larger than 81⁄2

by 11 inches, suitable for copying and

electronic filing. Persons wanting

acknowledgement of receipt of

comments should enclose stamped, selfaddressed postcards or envelopes.

The Coast Guard will consider all

comments received during the comment

period. It may change this proposal in

view of the comments.

The Coast Guard plans no public

hearing. Persons may request a public

hearing by writing to the Commander,

Thirteenth Coast Guard District 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 hearing at

a time and place announced by a later

notice in the Federal Register.

Drafting Information

The drafters of this notice are Austin

Pratt, Project Officer, Thirteenth Coast

Guard District Aids to Navigation and

Waterfront Management Branch and

Lieutenant Commander John C. Odell,

Project Attorney, Thirteenth Coast

Guard District Legal Office.

Background and Purpose

At the request of the Washington

Department of Transportation, the Coast

Guard is considering an amendment to

the regulations governing the operation

of the Union Pacific railroad drawbridge

and the U.S. Route 101 bridge over the

Chehalis River at Aberdeen,

Washington.

The proposed rule would remove the

portion of the existing regulations

pertaining to the Union Pacific railroad

drawbridge because that bridge is no

longer in operation and will be

removed.

The proposed rule would also amend

the current regulations pertaining to the

U.S. Route 101 bridge to require one

hour notice at all times when requesting

an opening drawspan for the passage of

a vessel.

Current regulations require the

drawspan of the U.S. Route 101 bridge

to be opened on signal from one hour

before sunrise to one hour after sunset.

The Washington State Department of

Transportation operates four other

drawbridges across the nearby Hoquiam

and Wishkah Rivers. These other

bridges are presently operated on a onehour notice basis. In recent years,

requests for openings at these bridges

have decreased. If the proposed one

hour notice for the U.S. Route 101

bridge over the Chehalis River at

Aberdeen, Washington, were adopted in

conformity with the regulations

governing the other bridges in the area,

the Washington Department of

Transportation would be able to serve

all five drawbridges with a single

operator.

The U.S. Route 101 bridge over the

Chehalis River at Aberdeen,

Washington, opened 359 times for

vessel transits in the year measured

from October 1993 to October 1994.

This average somewhat less than one

opening per day. The number of

openings for the nearby drawbridges on

the Wishkah and Hoquiam Rivers

averaged 0.23 per day for the same year.

These figures indicate that a single

operator, provided with one hour

notice, could operate all five of these

bridges without unreasonable delay.

Under the proposed rule, the weekday

closed periods for accommodating

commuter traffic on the roadway would

remain unchanged, as would the

exception for vessels of 5000 gross tons

or more. Under the proposed rule,

however, vessels of 5000 gross tons or

more would be required to provided the

proposed one hour notice when

requesting an opening during the

weekday closed periods.

Finally, under the proposed rule the

special sound signal prescribed for

requesting an opening at the U.S. Route

101 bridge would also be deleted in

order to conform to the standard signal

of one prolonged blast followed by one

short blast as generally required by 33

CFR 117.15. A unique sound signal is

no longer needed because the adjacent

Union Pacific railroad drawbridge

immediately downstream of the U.S.