Federal Register / Vol. 60, No. 37 / Friday, February 24, 1995 / Rules and Regulations 10313

opportunity to comment on them at that

time.

Because air gun use in seismic

operations may cause short-term

behavioral changes in marine organisms

(especially sharks and rays which

school in the Sanctuary), and interfere

with recreational diving, NOAA will

seek additional information on these

effects, and also identify time periods

when air gun operations will have the

least potential for impacts on Sanctuary

resources and recreational divers.

Because air gun operations may result in

accidental loss of mooring buoys at the

Sanctuary site, NOAA has requested

that the Minerals Management Service

require seismic surveyors to:

—Remove mooring buoys immediately

before, and replace immediately after,

a seismic survey is run through the

Sanctuary;

—Announce the time that the mooring

buoys will not be available in a Notice

to Mariners.

II. Miscellaneous Rulemaking

Requirements

The information in the December 5,

1991, Federal Register document

addressing miscellaneous rulemaking

requirements has not changed. There are

no additional collection of information

requirements.

Federal Domestic Assistance Catalog Number

11.429 Marine Sanctuary Program.

Dated: February 15, 1995.

W. Stanley Wilson,

Assistant Administrator for Ocean Services

and Coastal Zone Management.

PART 943—FLOWER GARDENS

BANKS NATIONAL MARINE

SANCTUARY

Accordingly, the interim final rule

portion of 15 CFR part 943, which was

published at 56 FR 63634 on December

5, 1991, is adopted as a final rule

without change.

[FR Doc. 95–4534 Filed 2–23–95; 8:45 am]

BILLING CODE 3510–08–M

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD08–94–019]

RIN 2115–AE46

Annual Marine Events Within the

Eighth Coast Guard District

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

SUMMARY: This rule establishes

permanent special local regulations for

the annual marine events within the

Eighth Coast Guard District. This, in

turn, reduces the number of annual

requests for temporary final rules for

regattas and marine parades by

codifying these marine events in the

Code of Federal Regulation. These

regulations are needed to provide for the

safety of life, limb, and property on the

navigable waters during these events.

EFFECTIVE DATE: March 27, 1995.

ADDRESSES: Unless otherwise indicated,

documents referred to in this preamble

are available for inspection or copying

at the office of Commander, Eighth

Coast Guard District (dl), 501 Magazine

St., room 1311 (Hale Boggs Federal

Building), New Orleans, Louisiana

70130–3396 between 8:00 a.m. and 3:30

p.m., Monday through Friday, except

Federal holidays. The telephone number

is (504) 589–6188.

FOR FURTHER INFORMATION CONTACT:

LT C.D. Michel, Eighth Coast Guard

District Legal Office, at Hale Boggs

Federal Building, 501 Magazine, room

1311, New Orleans, Louisiana 70118.

Telephone: (504) 589–6188.

SUPPLEMENTARY INFORMATION:

Drafting Information

The principal persons involved in

drafting this document are LCDR T.P.

Marian, Project Manager, and LT C.D.

Michel, Project Counsel, Eighth Coast

Guard District Legal Office.

Regulatory History

On September 7, 1994, the Coast

Guard published a notice of proposed

rulemaking entitled Annual Marine

Events within the Eighth Coast Guard

District in the Federal Register (59 FR

172). The Coast Guard received 1 (one)

letter commenting on this proposal. No

public hearing was requested, and none

was held.

Background and Purpose

Currently, Coast Guard units

responsible for overseeing the safety of

marine events prepare temporary rules

each year for each event. This rule

eliminates the need to prepare annual

temporary final rules for those annual

marine events that have few or no

changes from year to year. This

streamlines the marine event process for

those regattas and marine events that

have very little annual variation and

would significantly reduce the Coast

Guard’s administrative burden for

managing these type events.

Table 1 delineates the events, their

sponsors, dates, and locations. Each

event occurs annually on or about the

date given. The course will be patrolled

by patrol vessels. While viewing the

event at any point outside the regulated

area is not prohibited, spectators will be

encouraged to congregate within areas

designated by the sponsor. Nonparticipating vessels will be permitted

to transit the area at NO WAKE SPEED

at the discretion of the Coast Guard

Patrol Commander.

Discussion of Comments and Changes

One comment was received from

Commanding Officer, U.S. Coast Guard

Marine Safety Office Morgan City. This

comment referred to Table 1 of the

proposed rulemaking and noted that the

Louisiana Shrimp and Petroleum

Festival also included an evening

fireworks display.

The fireworks are launched from a

barge stationed in Berwick Bay between

the railroad and highway bridges.

Commanding Officer, U.S. Coast Guard

Marine Safety Office Morgan City

requested that this event be amended to

reflect the existence of a fireworks

display by changing the marine event’s

title from, ‘‘The Blessing of the Fleet’’

to, ‘‘The Blessing of the Fleet and

Fireworks Display.’’ Since the fireworks

display takes place after sunset

Commanding Officer, U.S. Coast Guard

Marine Safety Office Morgan City also

requested changing the duration of this

event from, ‘‘8:30 a.m. through 1 p.m’’

to, ‘‘8:30 p.m. through 1 p.m., and 9

p.m. through 10 p.m.’’

Implementing these requested

changes will not have any significant

impact upon the public. The notice of

proposed rulemaking had included a

fireworks display and no comments

were received on that event.

Furthermore, this specific change does

not pertain to the regulations that were

specified in the notice to proposed

rulemaking but is limited rather to the

title and the duration of the marine

event.

The change to Table 1 of this rule is

limited in nature and provides for one

additional hour of oversight by the

Coast Guard in the interest of public

safety. Therefore, Table 1 will be

amended to reflect the information

provided by Commanding Officer, U.S.

Coast Guard Marine Safety Office

Morgan City.

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
10314 Federal Register / Vol. 60, No. 37 / Friday, February 24, 1995 / Rules and Regulations

regulatory policies and procedures of

the Department of Transportation (DOT)

(44 FR 11040; February 26, 1979). The

Coast Guard expects the economic

impact of this proposal to be so minimal

that a full Regulatory Evaluation under

paragraph 10e of the regulatory policies

and procedures of DOT is unnecessary.

This is attributed to the fact that the

proposal merely codifies existing

marine events and is also reflected by

the fact that no public comments were

received on this rule. Furthermore, each

of the marine events in Table 1 will

require that the navigable waterways

delineated be closed for only a short

period of time.

As demonstrated by past experience,

these events have been successfully

overseen by the Coast Guard for several

years in cooperation with both the

organizers of these events and the

boating public. The same event

regulations will be implemented for

each marine event listed in Table 1 and

the Coast Guard will continue to ensure

that these recurring marine events are

safely managed. Once the marine event

is terminated the role of the Coast Guard

in monitoring the marine event ceases.

No comments were received from the

public on this issue. Implementing the

change requested in the one comment

received will not have any significant

impact upon the public. The notice of

proposed rulemaking had included a

fireworks display and no comments

were received on that event.

Furthermore, this specific change does

not pertain to the regulations that were

specified in the notice to proposed

rulemaking but is limited rather to the

title and the duration of the marine

event.

The change to Table 1 of this rule is

limited in nature and provides for one

additional hour of oversight by the

Coast Guard in the interest of public

safety.

Small Entities

No comments were received from the

public on this issue. None of the marine

events listed in Table 1 would exceed

three days in duration and most of them

are for only several hours of one day.

Therefore, the Coast Guard certifies

under section 605(b) of the Regulatory

Flexibility Act (5 U.S.C. et seq.) that this

rule will not have a significant

economic impact on a substantial

number of small entities.

Collection of Information

This rule contains no collection-ofinformation requirements under the

Paperwork Reduction Act (44 U.S.C.

3501 et seq.).

Federalism

This rule has been analyzed in

accordance with the principles and

criteria contained in Executive Order

12612, and it has been demonstrated

that this rule does not have sufficient

federalism implications to warrant the

preparation of a Federalism Assessment.

No comments were received from the

public concerning this issue.

Furthermore, the change to Table 1 of

this rule will not have any impact in

this area.

Environment

This rule has been thoroughly

reviewed by the Coast Guard and

determined to be categorically excluded

from further environmental

documentation in accordance with

section 2.B.2.e.(35) of Coast Guard

Commandant Instruction M16475.1B.

No comments were received from the

public concerning this issue.

Each of these events is a routine

marine parade taking place in

commercialized areas involving less

than 100 participating low-speed craft

and less than 200 spectator boats.

Fireworks displays are over water and

less than 30 minutes in duration. All of

these events have been held previously

with no adverse environmental impact.

List of Subjects in 33 CFR Part 100

Marine Safety, Navigation (water),

Reporting and recordkeeping

requirements, Waterways.

Regulation

For the reasons set out in the

preamble, the Coast Guard amends 33

CFR Part 100 as follows:

PART 100—[AMENDED]

1. The authority citation for Part 100

continues to read as follows:

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

33 CFR 100.35

2. A new section 100.801 is added to

read as follows:

§ 100.801. Annual Marine Events in the

Eighth Coast Guard District.

The following regulations apply to the

marine events listed in Table 1 of this

section. These regulations will be

effective annually, for the duration of

each event listed in Table 1. Annual

notice of the exact dates and times of

the effective period of the regulation

with respect to each event, the

geographical area, and details

concerning the nature of the event and

the number of participants and type(s)

of vessels involved will also be

published in local notices to mariners.

Sponsors of events listed in Table 1 of

this section must submit an application

each year in accordance with 33 CFR

100.15.

(a) The Coast Guard will patrol the

event area under the direction of a

designated Coast Guard Patrol

Commander. The Patrol Commander

may be contacted on Channel 16 VHF–

FM (156.8 MHz) by the call sign

‘‘PATCOM.’’

(b) All persons and vessels not

registered with the sponsor as

participants or official patrol vessels are

considered spectators. The ‘‘official

patrol vessels’’ consist of any Coast

Guard, state or local law enforcement

and sponsor provided vessels assigned

or approved by the Commander, Eighth

Coast Guard District, to patrol the event.

(c) Spectator vessels desiring to transit

the regulated area may do so only with

prior approval of the Patrol Commander

and when so directed by that officer and

will be operated at a no wake speed in

a manner which will not endanger

participants in the event or any other

craft.

(d) No spectator shall anchor, block,

loiter, or impede the through transit of

participants or official patrol vessels in

the regulated area during the effective

dates and times, unless cleared for entry

by or through an official patrol vessel.

(e) The Patrol Commander may forbid

and control the movement of all vessels

in the regulated area. When hailed or

signaled by an official patrol vessel, a

vessel shall come to an immediate stop

and comply with the directions given.

Failure to do so may result in expulsion

from the area, citation for failure to

comply, or both.

(f) Any spectator vessel may anchor

outside the regulated area specified in

Table 1 of this section, but may not

anchor in, block, or loiter in a navigable

channel.

(g) The Patrol Commander may

terminate the event or the operation of

any vessel at any time it is deemed

necessary for the protection of life or

property.

(h) The Patrol Commander will

terminate enforcement of the special

regulations at the conclusion of the

event.

Table 1 of § 100.801

The Blessing of the Fleet and Fireworks

Display, Morgan City, Louisiana

Sponsor: Louisiana Shrimp and

Petroleum Festival & Fair

Association, Inc.

Date: First Sunday of September

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

and 9 p.m. through 10 p.m.

Location: Berwick Bay from the

junction of the Lower Atchafalaya

River at Morgan City, Louisiana, to
Federal Register / Vol. 60, No. 37 / Friday, February 24, 1995 / Rules and Regulations 10315

Berwick Locks Buoy 1 (LLNR

18445).

The Contraband Days Fireworks

Display, Lake Charles, Louisiana

Sponsor: Contraband Days Festivities,

Inc.

Date: First Saturday of May

Duration: 9 p.m. through 12 a.m.

(midnight)

Location: A 500 foot radius from the

fireworks barge in Lake Charles

anchored in approximate position

30°13′54′′ N, 093°13′42′′ W.

Neches River Festival, Beaumont, Texas

Sponsor: Neches River Festival, Inc.

Date: Third weekend of April

Duration: First day—8 a.m. through

9:30 p.m.; Second day—8 a.m.

through 6 p.m.

Location: The Neches River from

Colliers Ferry landing to Lawson’s

Crossing at the end of Pine Street.

The Blessing of the Shrimp Fleet,

Galveston, Texas

Sponsor: Blessing of the Fleet, City of

Galveston, Texas

Date: Fourth Saturday of April

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

Location: The Galveston Ship

Channel from the Pelican Island

Bridge to Pier 14 at Galveston,

Texas.

Dated: January 24, 1995.

Robert C. North,

Rear Admiral, U.S. Coast Guard Commander,

Eighth Coast Guard District.

[FR Doc. 95–4411 Filed 2–23–95; 8:45 am]

BILLING CODE 4910–14–M

33 CFR Part 117

[CGD02–95–001]

RIN 2115–AE47

Drawbridge Operation Regulation;

Illinois Waterway

AGENCY: Coast Guard, DOT.

ACTION: Interim rule with request for

comments.

SUMMARY: The Coast Guard is

establishing operating conditions for the

remote operation of the Elgin, Joliet and

Eastern Railway (EJ&E) Bridge over the

Illinois Waterway at mile 290.1 at Joliet,

Illinois. This action is being taken at the

request of the Elgin, Joliet and Eastern

Railway Company. The change to

remote operation will permit more

efficient operation of the railway bridge,

while continuing to provide for the

reasonable needs of navigation.

EFFECTIVE DATES: This interim rule is

effective on February 24, 1995.

Comments must be received on or

before April 25, 1995.

ADDRESSES: Comments may be mailed to

Commander (ob), Second Coast Guard

District, 1222 Spruce Street, St. Louis,

MO 63103–2832, Attention: Bridge

Administrator. Comments may also be

delivered to Room 2.107 at the above

address between 8 a.m. and 3 p.m.,

Monday through Friday, except Federal

holidays. For information concerning

comments, the telephone number is

(314) 539–3724. The Bridge Branch,

Second Coast Guard District, maintains

the public docket for this rulemaking.

Comments will become part of the

public docket and the docket will be

available for inspection or copying in

room 2.107B at the above address.

FOR FURTHER INFORMATION CONTACT:

Roger K. Wiebusch, Bridge

Administrator, Second Coast Guard

District, (314) 539–3724.

SUPPLEMENTARY INFORMATION:

Drafting Information

The principal persons involved in

drafting this document are David H.

Sulouff, Project Officer, Bridge Branch

and LT S. Moody, Project Attorney,

Second Coast Guard District Legal

Office.

Request for Comments

The Coast Guard encourages

interested persons to participate in this

rulemaking by submitting written data,

views, or arguments. The Coast Guard is

soliciting comments on the operation of

the new system until April 25, 1995.

The Coast Guard will consider all

comments received during the comment

period.

Publication History

On September 1, 1994, the Coast

Guard published a proposed rule (59 FR

45252) concerning this amendment. The

Commander, Second Coast Guard

District, also published the proposal as

a Public Notice dated September 20,

1994. Interested parties were given until

October 31, 1994 to submit comments.

The Coast Guard received comments

from the Illinois Department of

Conservation and the Illinois River

Carriers Association, representing

approximately 34 river towing

companies.

Background and Purpose

The EJ&E Railway has requested

permission from the Coast Guard to

change the operation of the EJ&E Bridge

over the Illinois waterway at mile 290.1

at Joliet, Illinois from having a manned

on-site bridge tender to a remote

operating system. This regulation

change establishes the remote operating

system and the required equipment.

Under the previous regulation, the

drawspan was maintained in the closed

to navigation position and manned by

an on site bridge tender, opening on

demand for the passage of river traffic.

Communication between the bridge

tender and vessel operators was

conducted via marine radio.

EJ&E has installed remote operating

equipment and a control system,

including radar, infrared boat detectors,

motion detectors and communications

equipment. This equipment will

facilitate operation of the drawspan

from Gary, Indiana. The drawspan can

also be operated at the bridge site.

Under this regulation, the drawspan

will be maintained in the open to

navigation position except for the

passage of rail traffic or maintenance.

The equipment can detect any

malfunction in the drawspan operation.

In the event of a malfunction the remote

operator can ascertain the position of

the drawspan at any time. The marine

radio system allows communication

between the remote operator and marine

traffic at the bridge on the VHF marine

frequencies authorized by the Federal

Communications Commission. The

radar system is designed to scan

upstream and downstream of the bridge.

A radar antenna has been installed on

the bridge.

The received radar signal is

transmitted by fixed lines to the remote

operator. Infrared scanners and motion

detectors are located in the channel

drawspan to detect vessels under the

drawspan. If an obstruction is detected

beneath the drawspan during the

closing cycle, before the drawspan is

seated and locked, the drawspan will

automatically stop lowering and shall be

raised to the fully open position by the

remote operator until the channel is

clear. Once lowered and locked in the

closed to navigation position, the boat

detectors will not raise the drawspan.

During the drawspan closing cycle,

the bridge operator shall make a radio

broadcast indicating drawspan status.

At the appropriate times in the cycle,

the bridge operator shall announce that

the drawspan will close to navigation,

that the drawspan is closed to

navigation, or that the drawspan has

reopened to navigation.

Discussion of Comments and Changes

In response to the Notice of Proposed

Rule Making, two comments were

received. Both the Illinois Department

of Conservation and the Illinois River

Carriers Association (IRCA) expressed

no objection, though the IRCA

expressed two concerns. The first

concern of the IRCA was whether the

drawspan will be operated exactly as

proposed; and second, whether or not

the drawspan could accidentally be