[Federal Register Volume 60, Number 37 (Friday, February 24, 1995)]
[Rules and Regulations]
[Pages 10313-10315]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-4411]



=======================================================================
-----------------------------------------------------------------------

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. 
Non-participating 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 [[Page 10314]] 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-of-information 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:


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

    The following regulations apply to the marine events listed in 
Table 1 of this section. These regulations will be effective annually, 
for the duration of each event listed in Table 1. Annual notice of the 
exact dates and times of the effective period of the regulation with 
respect to each event, the geographical area, and details concerning 
the nature of the event and the number of participants and type(s) of 
vessels involved will also be published in local notices to mariners. 
Sponsors of events listed in Table 1 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 Sec. 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 [[Page 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 deg.13'54'' N, 
093 deg.13'42'' W.
Neches River Festival, Beaumont, Texas
    Sponsor: Neches River Festival, Inc.
    Date: Third weekend of April
    Duration: First day--8 a.m. through 9:30 p.m.; Second day--8 a.m. 
through 6 p.m.
    Location: The Neches River from Colliers Ferry landing to Lawson's 
Crossing at the end of Pine Street.
The Blessing of 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