Federal Register / Vol. 61, No. 124 / Wednesday, June 26, 1996 / Rules and Regulations 33027

Blocked Vessels—Continued

Vessel Name Program Flag Vessel Type DWT GRT Call Sign Vessel Owner Alternate Names

SURVEY LAUNCH

No. 2

IRAQ research N/A State Org. of Iraqi Ports

SURVEY LAUNCH

No. 3

IRAQ Research N/A State Org. of Iraqi Ports

SUTJESKA FRY

S&M

Malta Bulk carrier 38,551 9HSN3 Kotor Overseas Shipping

Ltd.

SVETI STEFAN FRY

S&M

Malta Pax/RO/RO

Cargo/

Ferry

1,637 9HTJ3 Lovcen Overseas Shipping

Ltd.

TADMUR IRAQ Iraq Tanker 3,627 HNTD Iraqi Oil Tankers Company

TAHREER IRAQ Iraq Service 4,649 YITR State Org. of Iraqi Ports

TAMMANY H CUBA Cyprus Bulk carrier 26400 15864 5BXG Odielo Shipping Co. Ltd. fka PRIMROSE

ISLANDS

TARIK IBN ZIYAD IRAQ Iraq Tanker 118,139 HNTZ Iraqi Oil Tankers Company

TEPHYS CUBA Cyprus General

cargo

15123 8935 H2RZ Tephys Shipping Co. Ltd. fka PAMIT C

THEEQAR IRAQ Iraq Tug 220 YIAC State Org. of Iraqi Ports

TIFON CUBA Cuba Tug NA 164 CL2059 Samir de Navegacion S.A.

TIVAT FRY

S&M

Malta General dry

cargo

9,698 9HUM3 Zeta Ocean Shipping Ltd.

TOPOLICA FRY

S&M

YugoslaviaTug 169 Unknown Luka Bar–Preduzece

TRINAESTI JULI FRY

S&M

Malta Bulk carrier 17,233 9HTQ3 Zeta Ocean Shipping Ltd. aka 13th JULY

UR IRAQ Iraq Tug 368 YIUR State Org. of Iraqi Ports

VEDADO FRY

S&M

Malta Ore Carrier 15,396 9HSZ3 Lovcen Overseas Shipping

Ltd.

fka

DANILOVGRAD

WEST ISLANDS CUBA Cyprus General

Cargo

15136 9112 C4IB WEST ISLAND SHIPPING

CO. LTD. (SDN)

WORK BOAT No. 6 IRAQ Iraq Barge N/A State Org. of Iraqi Ports

WORKSHIP 3 IRAQ Iraq Service N/A State Org. of Iraqi Ports

YANBU 31 IRAQ Saudi

Arabia

Service N/A Iraqi State Company for Oil

Projects

YOUSIFAN IRAQ Iraq Tug 386 YIYN State Org. of Iraqi Ports

ZAIN AL QAWS IRAQ Iraq Cargo 9,247 HNZQ Iraqi State Enterprise for

Water Transport

ZAMZAM IRAQ Iraq Tanker 544 YIAZ State Org. of Iraqi Ports

ZANOOBIA IRAQ Iraqi flag Cargo 3,549 HNZN Iraqi State Enterprise for

Water Transport. Represented byCeylon Shipping Co., Colombo, Sri

Lanka

ZETA FRY

S&M

Malta General dry

cargo

9,862 9HTV3 South Cross Shipping Ltd.

ZUBAIDY IRAQ Iraqi flag Fishing YIBO State Org. of Iraqi Ports

Dated: June 12, 1996.

R. Richard Newcomb,

Director, Office of Foreign Assets Control.

Approved: June 17, 1996.

John P. Simpson,

Deputy Assistant Secretary (Regulatory, Tariff

& Law Enforcement).

[FR Doc. 96–16284 Filed 6–25–96; 8:45 am]

BILLING CODE 4810–25–F

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD 95–054]

RIN 2115–AF17

Regattas and Marine Parades

AGENCY: Coast Guard, DOT.

ACTION: Interim rule and notice of

availability of environmental

assessment.

SUMMARY: In keeping with the National

Performance Review and the President’s

Regulatory Reinvention Initiative, the

Coast Guard is revising its marine event

regulations to eliminate unnecessary

requirements while continuing to

protect the safety of life. The rule more

precisely identifies those events which

require a permit, those which require

only written notice to the Coast Guard,

and those which require neither. The

environmental assessment and proposed

finding of no significant impact which

support this rulemaking are also made

available to the public.

DATES: This rule is effective on January

1, 1997. Comments must be received on

or before August 26, 1996.

ADDRESSES: Comments may be mailed to

the Executive Secretary, Marine Safety

Council (G–LRA/3406) (CGD 95–054),

U.S. Coast Guard headquarters, 2100

Second Street SW., Washington, DC

20593–0001, or may be delivered to
33028 Federal Register / Vol. 61, No. 124 / Wednesday, June 26, 1996 / Rules and Regulations

room 3406 at the same address between

8 a.m. and 3 p.m., Monday through

Friday, except Federal holidays. The

telephone number is (202) 267–1477.

Comments on collection-of-information

requirements must be mailed also to the

Office of Information and Regulatory

Affairs, Office of Management and

Budget, 725 17th Street NW.,

Washington, DC 20503, ATTN: Desk

Officer, U.S. Coast Guard.

The Executive Secretary maintains the

public docket for this rulemaking.

Comments will become part of this

docket and will be available for

inspection or copying at room 3406,

U.S. Coast Guard Headquarters, between

8 a.m. and 3 p.m., Monday through

Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Mr.

Carlton Perry, Office of Boating Safety,

(202) 267–0979. A copy of this rule may

be obtained by calling the Coast Guard

Customer Infoline, 1–800–368–5647 or,

in Washington, DC, 267–0780.

SUPPLEMENTARY INFORMATION:

Request for Comments

The Coast Guard encourages

interested persons to participate in this

rulemaking by submitting written data,

views, or arguments on the interim rule

and environmental assessment. Persons

submitting comments should include

their names and addresses, identify this

rulemaking (CGD 95–054) and the

specific section of this rule or the

assessment to which each comment

applies, and give the reason for each

comment. Please submit two copies of

all comments and attachments in an

unbound format, no larger than 81⁄2 by

11 inches, suitable for copying and

electronic filing. Persons wanting

acknowledgment of receipt of comments

should enclose stamped, self-addressed

postcards of envelopes.

The Coast Guard will consider all

comments received during the comment

period. It may change this rule or the

assessment in view of the comments.

The Coast Guard plans no public

hearing. Persons may request a public

hearing by writing to the Marine Safety

Council at the address under

ADDRESSES. The request should include

the reasons why a hearing would be

beneficial. If it determines that the

opportunity for oral presentations will

aid this rulemaking, the Coast Guard

will hold a public hearing at a time and

place announced by a later notice in the

Federal Register.

Regulatory History

On December 26, 1995, the Coast

Guard published in the Federal Register

an advance notice of proposed

rulemaking (ANPRM) (CGD 95–054)

entitled ‘‘Regattas and Marine Parades;

Permit Application Procedures’’ (60 FR

66773). The ANPRM focused on how

the existing program could be improved

and to what extent permitting should be

required. Twenty-five comments were

received.

On review of the comments, the Coast

Guard decided that a fundamental

revision of its existing marine event

program was warranted. Subsequently,

on April 17, 1996, the Coast Guard

published a notice of proposed

rulemaking (NPRM) (61 FR 16732) and

20 comments were received. A public

hearing was not requested and none was

held.

Advisory Committee Consultation

The National Boating Safety Advisory

Council (NBSAC) and the Navigation

Safety Council (NAVSAC) have been

consulted in the formulation of this

proposal. A copy of the NPRM was

provided to the members of NBSAC and

NAVSAC for review before a joint

meeting held on April 27–29, 1996, in

San Francisco, CA. At that meeting, the

NBSAC and NAVSAC members were

briefed on the proposed changes but did

not submit comments to the docket. A

copy of the minutes of that meeting,

when available, will be entered in the

docket at the address under ADDRESSES.

Background and Purpose

Under the Act of April 28, 1908, the

Coast Guard is authorized, when

necessary, to issue regulations to

promote safety of life on navigable

waters during regattas and marine

parades (33 U.S.C. 1233). Though not

required by Congress to do so, the Coast

Guard chose to exercise this

discretionary authority by implementing

a permitting system for regattas or

marine parades and, in certain

instances, issuing temporary special

local regulations (SLR’s) in conjunction

with those permits.

In keeping with the President’s

Regulatory Reinvention Initiative, the

Coast Guard reviewed its regatta and

marine parade regulations in 33 CFR

part 100 and determined that certain

revisions are needed to eliminate overly

burdensome, unnecessary, and obsolete

requirements. To that end, this rule

eliminates the need for permits, unless

they are necessary to advance the

statutory purpose of promoting safety of

life during marine events. The rule

establishes various categories of events:

those which do not require any notice

or a permit because they clearly pose no

extra or unusual hazard to safety of life;

those which require written notice

because they may pose such a hazard;

and those which require a permit

because they clearly pose such a hazard.

The statutory authority and the

reasons for this rulemaking are

documented in detail in the ANPRM

and NPRM and, therefore, are not

repeated in this preamble.

Discussion of General Comments

1. Several comments agreed with the

proposed revisions to the Coast Guard’s

marine event permitting program and

noted that they will remove the undue

burden of the current requirements,

without adversely affecting safety or

environmental concerns.

2. Two comments opposed the

proposed revisions because the Coast

Guard’s permitting system had an

indirect benefit on the environment.

Based on the Coast Guard’s preliminary

analysis and on comments received

from the Fish and Wildlife Service

(FWS) and National Marine Fisheries

Service (NMFS), the Coast Guard has

initiated consultation with FWS and

NMFS to address protected species and

habitat concerns.

The Coast Guard’s authority to

regulate marine events is limited by law

to those circumstances necessary to

promote the safety of life on navigable

waters during those events (33 U.S.C.

1233). Although the Coast Guard

previously has chosen to implement

section 1233 authority through a

permitting system, the law neither

mentions nor mandates permits as the

necessary or appropriate procedure to

be used. While certain environmental

benefits may have inured from the

permitting process, the Coast Guard is

not authorized to regulate marine events

to protect the environment.

Nevertheless, in an effort to preserve the

incidental environmental benefits of the

old permitting system and in response

to several comments received from

Federal and State environmental

agencies, the Coast Guard will provide

a copy of the notice (§ 100.17(d)) to

those Federal authorities that Congress

has specifically charged with protecting

affected resources with respect to these

events, as well as to State and local

authorities with similar jurisdiction.

The rule also provides that, when a

Coast Guard permit is required, the

sponsor must submit to the Coast Guard

additional information on

environmental impacts (§ 100.18(a)).

This information can then be used by

the Coast Guard to give notice to, and

consult with, appropriate Federal, State,

and local authorities and to prepare any

necessary environmental

documentation.
Federal Register / Vol. 61, No. 124 / Wednesday, June 26, 1996 / Rules and Regulations 33029

Discussion of Comments and Changes

to Specific Sections

Section 100.5 Definitions

1. Several commenters stated that the

rule should define the term

‘‘participating vessel’’ and indicate

whether a spectator watercraft would be

considered a ‘‘participating vessel.’’

The Coast Guard agrees and has

amended the section by adding

definitions of ‘‘participating vessel’’ and

‘‘spectator vessel.’’

2. Definitions of ‘‘Designated Officer’’

and ‘‘local authority’’ have been added.

3. The following environmental terms

have been defined to assist sponsors in

complying with the notice

requirements: ‘‘area of historic, cultural,

or archeological significance,’’ ‘‘critical

habitat,’’ ‘‘environmentally sensitive

area,’’ and ‘‘threatened or endangered

species.’’ During the Coast Guard’s

consultation with FWS and NMFS, the

Services recommended that the Coast

Guard’s proposed definition of

‘‘environmentally sensitive area’’ be

expanded to cover environmental laws

not specified in the Coast Guard’s

definition. In response, paragraphs (b)

and (d) were added to the definition.

The Coast Guard is requesting

comments particularly on whether

paragraphs (b) and (d) of the definition

provide event sponsors with useful

guidance to meet the notice provisions

of § 100.17(a)(2) or are overly broad.

Section 100.15 General Requirements

for Events

One commenter recommended that

the proposed rule be revised to

specifically state that marine event

participants may not violate any

Federal, State, or local rule or

regulation, rather than just a

‘‘navigational rule.’’ Another commenter

objected to the condition, explaining

that complying with the Inland

Navigation Rules would effectively

prohibit all races due to requirements

for signalling and giving way during

overtaking situations.

The Act of April 28, 1908 (33 U.S.C.

1233) does not preempt the States from

adopting their own laws and regulations

regarding waters within their

jurisdiction. In fact, some States have

exercised their authority over these

waters to require, among other things,

State permits for marine events or to

prohibit marine events in certain waters.

The Coast Guard does not intend, by

promulgation of this rule, to imply that

compliance with Coast Guard

regulations and permits will shield

marine event sponsors or participating

vessels from other Federal, State, and

local requirements. Accordingly, the

Coast Guard has amended the section to

clarify that participating vessels must

comply with all applicable Federal,

State, and local laws and regulations.

The Coast Guard will continue to notify

event sponsors if the proposed event

potentially violates other statutes or

regulations for which the Coast Guard

has authority or responsibility. The

Coast Guard has not in the past enforced

technical violations of the Inland

Navigation Rules against vessels

participating in an organized race under

racing rules and does not envision a

change to this policy.

Section 100.17 Notice of event

1. Several commenters stated that the

proposed numeric criterion of 50 vessels

in § 100.17(a) is insufficient to

determine when the Coast Guard should

receive notice of a marine event. Many

of these commenters noted that, for

example, an event with 51 sailboats

often presents less of a threat to the

safety of life that an event with 49

powerboats travelling at speeds of

greater than 30 knots or miles per hour.

Another commenter suggested adding

‘‘more than 200 spectator vessels’’ as a

criterion to learn of those events with a

small number of participants, but where

the event’s large number of anticipated

spectator vessels may result in negative

navigation safety or environmental

impacts. Both Federal and State

authorities submitted comments

recommending criteria to address highspeed events and interference with

navigation. Similarly, an environmental

group suggested that it was most

concerned about high-speed events in

critical habitat areas.

The Coast Guard agrees and, as a

result, has added several new criteria to

§ 100.17(a) for triggering the need to

give notice. In addition to events that

will involve more than 50 participating

vessels, paragraph (1) now includes

events (1) that will involve more than

200 spectator vessels; (2) that will take

place in or near a designated

environmentally sensitive area

(including a critical habitat of a

threatened or endangered species), or

other area of historic, cultural, or

archeological significance, including an

area of significance to Native

Americans; (3) that will involve

participating vessels travelling at speeds

of greater than 30 miles per hour; (4)

that will cause participating vessels or

spectator vessels to cross a designated

shipping lane or otherwise block or

cause substantial interference with

navigation on a body of water; (5) that

could present a substantial threat to the

safety of human life on navigable

waters; or (6) for which the sponsor is

requesting the assignment of Coast

Guard resources or the issuance of a

special local regulation under § 100.35.

2. One commenter suggested that the

numeric threshold in § 100.17(a)(1)

should be raised from 50 vessels to 100

vessels.

The Coast Guard supports any

revision which will remove overlyburdensome regulatory requirements,

while maintaining the safety of life on

navigable waters. Since the Coast Guard

has amended the rule to include several

qualitative criteria, in addition to the

quantitative threshold of 50 vessels, the

Coast Guard seeks comment on whether

the suggested threshold of 100 vessels,

or some other number, is more

appropriate than the 50-participatingvessel criterion originally proposed.

Likewise, the Coast Guard seeks

comment on whether the suggested

threshold of 200 spectator vessels, or

some other number, is appropriate.

3. One Federal authority suggested

that the Coast Guard receive notice of all

marine events; another was concerned

about the cumulative effects of multiple

marine events occurring in a single

location; several suggested requiring

notice for any event to be held in

specific listed waterways, such as the

Atlantic Intracoastal Waterway, San

Francisco Harbor, and Puget Sound.

Each of these suggestions, although

well-intentioned, would create the very

all-pervasive command and control

regulatory structure that this rule is

intended to eliminate. If the Coast

Guard were to regulate consistent with

these comments, it would have to

require notice of each vessel entering

the waters in order to measure fully the

cumulative effects. This is contrary to

the Coast Guard’s statutory mandate,

which is limited to regulating marine

events only when necessary to protect

the safety of human life. Because the

additional criteria for requiring notice of

a marine event take these commenters’

concerns into account, the specific

changes suggested have not been

adopted.

4. One commenter stated that a

sponsor of a sailboat race might

encounter difficulties in complying with

the requirement in § 100.17(b)(5) to give

notice of the location of the event,

because the course might change as the

winds shift during the event.

The rule requires only information

regarding the general location of the

event, as indicated on a chart or

drawing, to assist in determining

whether a permit is needed. This

information should be reasonably

within the knowledge of a sponsor and,

even without the Coast Guard’s

requirements, should be determined by
33030 Federal Register / Vol. 61, No. 124 / Wednesday, June 26, 1996 / Rules and Regulations

the sponsor in advance. Therefore, this

suggestion was not adopted.

5. Several comments on proposed

§ 100.17(c), concerning the length of the

notice period, suggested that shorter

periods be allowed in certain instances.

Many of these commenters, including

Federal and State authorities, supported

a tiered notice period, because, among

other things, longer notice would be

warranted if environmental concerns

were involved. Specifically, one Federal

authority noted that consultation

provisions of the Endangered Species

Act (ESA) (16 U.S.C. 1531 et seq.) may

be triggered by the issuance of some

Coast Guard permits and that ESA

implementing regulations require a 135-

day period for consultation and opinion

submittal.

The Coast Guard agrees and has

amended paragraph (c) to create a tiered

notice period consistent with the

mandate of ESA. The rule provides that

a sponsor may submit notice at least 60

days before an event if (1) the sponsor

submitted notice of the event in the year

immediately proceding; (2) the nature,

location, scheduling, and other relevant

information contained in the prior

notice is essentially the same; and (3) no

Coast Guard permit was required in the

prior year. If these conditions are not

met, the sponsor must submit notice at

least 135 days before the event.

6. One commenter supported the

single-notice period of 120 days in

proposed paragraph(c) for annual

events, but also stated that some

sponsors might encounter difficulties

meeting that requirement. Other

commenters supported shorter notice

periods ranging from same-day to 90-

days notice.

As stated above, the Coast Guard has

determined that the tiered notice

requirement in new paragraph(c) for

recurring events will reduce the burden

on event sponsors, while not

jeopardizing the safety of human life on

navigable waters.

7. One State authority commented

that a State with an approved Coastal

Zone Management Plan must have 6

months notice to make a Federal

consistency determination and the

Coastal Zone Management Act (CZMA)

(16 U.S.C. 1451 et seq.) before the

issuance of a Federal permit directly

affecting a coastal zone. Another State

authority requested time to make a

Federal consistency determination

regarding the entire Coast Guard marine

event program.

The Coast Guard has determined that

the CZMA applies, if at all, to

individual permits issued under this

rule and not to the rulemaking itself.

CZMA section 1456(c) requires the

applicant for a Federal license or permit

to submit, with its application to the

Federal agency, a certification that the

proposed action is consistent with the

State’s Coastal Zone Management Plan

(CZMP). To that end, this rule requires

each applicant to submit proof of a

Federal consistency determination and

because the CZMA places the burden on

the applicant, the CZMA timeframes are

not calculated into this rule.

By contrast, the CZMA imposes on

Federal agencies a lesser burden than it

imposes on applicants. The CZMA

provides that each Federal agency

which conducts or supports an activity

‘‘directly affecting’’ the coastal zone of

a State with an approved CZMP to

comply with the CZMP ‘‘to the

maximum extent practicable’’ (16 U.S.C.

1456(c)(1)). The Coast Guard has

determined that the CZMA is not

triggered by this rulemaking because it

is the underlying event that may affect

coastal resources. This rule, in

accordance with our statutory authority,

is limited to protecting safety of human

life on the navigable waters during

marine events. Therefore, the effects of

this rule, if any, on coastal resources is

merely incidental and would be

addressed for the specific event. Even if

the CZMA were triggered, the Coast

Guard has complied ‘‘to the maximum

extent practicable’’ because this rule

includes environmental criteria in its

notice provision and requires a

consistency determination to be

submitted for each permit.

8. As regards the collection-ofinformation requirements, one Federal

authority opposed additional

requirements. In contrast, a State

authority supported the Coast Guard’s

proposal to require additional

information on the impacts to

threatened or endangered species,

critical habitats or other designated

environmentally sensitive areas, and

areas of historic, cultural, or

archaeological significance.

As stated in the ‘‘Discussion of

General Comments’’ section of this

preamble, the Coast Guard is aware that,

through the previous permitting system,

the Coast Guard served as a conduit,

between various authorities, for

information regarding environmental

impacts. To that end, the Coast Guard

has added paragraph (d) to provide that

the Coast Guard will provide a copy of

the notice to those Federal authorities

that Congress has specifically charged

with protecting affected resources in

this instance, as well as to the State and

local authorities having similar

jurisdiction. Of course, once the Coast

Guard decides that a permit is required

to protect the safety of human life, the

Coast Guard must comply with several

environmental laws, including the

National Environmental Policy Act

(NEPA) (42 U.S.C. 4321 et seq.) and the

Endangered Species Act (ESA) (16

U.S.C. 1531 et seq.), which may require

the Coast Guard to consult with other

Federal authorities. In furtherance of

NEPA’s required analysis and ESA’s

consultation, § 100.18(a) provides that,

when a Coast Guard permit is required,

the sponsor must submit to the Coast

Guard additional information on

environmental impacts.

9. New paragraph (d) was added as a

result of several comments by Federal

and State authorities. Most of these

commenters supported the Coast

Guard’s efforts to streamline the marine

event permitting process and noted the

Coast Guard is authorized only to issue

permits to protect the safety of human

life on navigable waters. Some of these

commenters also indicated, however,

that the permitting process has created

indirect benefits to the environment.

The Coast Guard agrees that the scope

of its authority is limited. Nevertheless,

the Coast Guard will provide a copy of

the notice, under paragraph (d), to each

relevant Federal, State, or local

authority having jurisdiction over a

threatened or endangered species, a

critical habitat or other designated

environmentally sensitive area, or an

area of historic, cultural, or

archeological significance (including an

area of significance to Native

Americans), as well as to each authority

having navigational or other jurisdiction

over the waters.

10. One environmental group

requested that the Coast Guard notify

the public of all high-speed marine

events.

Though the Coast Guard is not

required to provide pubic notice of

marine events, it has routinely given

public notice of its special local

regulations by means of its local and

broadcast notices to mariners. Under

§ 100.17(d), the Coast Guard will

continue this practice for events on

which it receives notice, as well as

provide notice to pertinent Federal,

State, and local authorities.

11. The Coast Guard is considering

other methods to further reduce the

paperwork burden imposed on event

sponsors, including whether to allow

notice under § 100.17 to be submitted by

a tollfree information line or via

Internet, rather than in writing.

Additionally, to better serve its

customers, the Coast Guard may

establish an Internet site for the posting

of information regarding marine events.

The Coast Guard believes that an on-line

site would be useful for event sponsors,
Federal Register / Vol. 61, No. 124 / Wednesday, June 26, 1996 / Rules and Regulations 33031

who would have a clearinghouse for free

publicity of their events; for owners and

operators of participating and spectator

vessels; for commercial vessel owners

and operators, who would learn of

marine events to be held in nearby

waters; and for other regulatory

agencies. The Coast Guard seeks

comment on the usefulness and

feasibility of these proposals.

Section 100.19 Appeals

Several commenters apparently were

confused as to whether interested

parties, such as State authorities or

environmental groups, could participate

in the permit appeal process.

The rule has been revised to clarify

that only the event sponsor may appeal

under § 100.19.

Section 100.50 Penalties

One commenter suggested that the

Coast Guard should not assess monetary

penalties for violations of these

regulations and permits issued

thereunder. One Federal authority

proposed that the Coast Guard should

impose a penalty on those who conduct

an event without appropriate notice.

The Act of 1908, as amended (33

U.S.C. 1236), specifies the penalties that

shall be incurred for any violation of

regulations issued under 33 U.S.C. 1233,

the authority for this part.

Regulatory Evaluation

This rule is not a significant

regulatory action under section 3(f) of

Executive Order 12866 and does not

require an assessment of potential costs

and benefits under section 6(a)(3) of that

order. It has not been reviewed by the

Office of Management and Budget under

that order. It is not significant under the

regulatory policies and procedures of

the Department of Transportation (DOT)

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

Coast Guard expects the economic

impact of this rule to be so minimal that

a full Regulatory Evaluation under

paragraph 10e of the regulatory policies

and procedures of DOT is unnecessary.

Some States authorities commented

that they believe that they may incur

costs by virtue of this streamlining

measure. The Coast Guard notes that the

effect of this rule is to eliminate certain

Federal requirements and that it does

not shift any regulatory burden to State

authorities. Therefore, it will impose no

costs on State authorities.

This rule eliminates the cost of

preparing and submitting an application

for the thousands of events that will no

longer be permitted. Even for events that

just require written notice to the Coast

Guard, the only cost will be the time

required to gather the readily available

information and the cost of postage.

Despite these costs, this rule reduces the

overall regulatory burden, because fewer

sponsors will be required to submit

notice than previously were required to

submit permit applications.

For the few events that will require a

permit, there would be an increase in

the amount of information that must be

included in the application. However,

this additional information will allow

the Coast Guard to conduct the required

environmental analysis in a more timely

manner. Because of the drastic decrease

in the number of permits, the additional

information required for a permit will

still lead to a markedly reduced burden

on most sponsors. This additional

information concerns the potential

impacts of the event on the environment

and is needed to assist the Coast Guard

in analyzing those impacts and

evidencing compliance with

environmental laws. The cost of

compiling this information will vary

greatly depending on the nature and

location of the event.

Small Entities

Under the Regulatory Flexibility Act

(5 U.S.C. 601 et seq.), the Coast Guard

must consider whether this rule will

have a significant economic impact on

a substantial number of small entities.

‘‘Small entities’’ may include (1) small

businesses and not-for-profit

organizations that are independently

owned and operated and are not

dominant in their fields and (2)

governmental jurisdictions with

populations of less than 50,000.

One environmental group, which

claimed to be a small entity, submitted

a comment stating that it would face an

economic impact because it would have

to devote more resources to monitoring

high speed marine events. The Coast

Guard disagrees. None of the

requirements imposed by this rule have

been shifted to environmental groups.

Additionally, the rule has been revised

to require sponsors of high-speed events

to give notice to the Coast Guard, which

notice the Coast Guard will forward to

appropriate Federal, State, and local

authorities (in addition to any local and

broadcast notices to mariners it may

issue). Any benefit the environmental

group received from the old program

was incidental.

As this rule affects entities large and

small, the assessment under the

‘‘Regulatory Evaluation’’ section of this

preamble applies to small entities as

well.

Therefore, the Coast Guard certifies

under 5 U.S.C. 605(b) that this rule will

not have a significant economic impact

on a substantial number of small

entities. If, however, you think that your

business or organization qualifies as a

small entity and that this rule will have

a significant economic impact on your

business or organization, please submit

a comment (see ADDRESSES) explaining

why you think it qualifies and in what

way and to what degree this rule will

economically affect it.

Collection of Information

Under the Paperwork Reduction Act

(PRA) 44 U.S.C. 3401 et seq.), the Office

of Management and Budget (OMB)

reviews each proposed rule that

contains a collection-of-information

requirement to determine whether the

practical value of the information is

worth the burden imposed by its

collection. Collection-of-information

requirements include reporting,

recordkeeping, notification, and other,

similar requirements. The collection-ofinformation requirements for his

rulemaking have been submitted to the

Department of Transportation. The

requirements have not yet been

approved by OMB under section

3504(h) of the PRA and cannot become

effective until that approval. Notice of

approval will be published in the

Federal Register.

This interim rule will reduce the

number of respondents (sponsors of

events) required to provide information

to the Coast Guard from about 3,100 a

year to less than 1,500 a year. This

reduction will result from limiting the

requirement for written notice to only

certain events (new § 100.17(a)). As to

those respondents required to submit

notices and to have a permit, the

collection-of-information burden will

remain about the same as under the

previous permit application

requirements in 46 CFR 100.15(c),

except for minor new collection-ofinformation requirements in §§ 100.17,

100.18 and 100.19.

The following particulars apply to the

increase in the OMB-approved burden

that will result from collection of

additional (mostly environmental)

information by sponsors required to give

notice under § 100.17 and to submit

additional information for a permit

under § 100.18:

DOT No.: 2115.

OMB Control No.: 2115–0017

Administration: U.S. Coast Guard.

Title: Regattas and Marine Parades.

Need for Information: To comply with

various laws, including the Endangered

Species Act, the National Historic

Preservation Act, and the National

Environmental Policy Act.

Use of Information: To assist in the

preparation of documentation required
33032 Federal Register / Vol. 61, No. 124 / Wednesday, June 26, 1996 / Rules and Regulations

by law before the Coast Guard may issue

a permit.

Frequency for Response: Once for

each event requiring notice and once for

each event requiring a permit.

Burden Estimate: The burden will be

in preparing and submitting the written

notice for each event and the additional

environmental information required to

obtain a permit, the impact of which

will vary with the event.

Respondents: Sponsors of events.

Approximately 1,500 per year

nationwide will be required to give

notice. Of those, about 20 per year

nationwide will be required to submit

additional information to obtain Coast

Guard permits.

Form(s): None required. Existing

Form CG–4423 (Application for

Approval of Marine Event) will no

longer be used.

Average Burden Hours Per

Respondent: This will vary depending

on the potential impact of the event.

Federalism

The Coast Guard has analyzed this

rule under the principles and criteria

contained in Executive Order 12612 and

has determined that this rule does not

have sufficient federalism implications

to warrant the preparation of a

Federalism Assessment.

Environment

The Coast Guard has prepared an

environmental assessment (EA) and

proposed finding of no significant

impact (FONSI) for this rule. The EA

and proposed FONSI are available in the

rulemaking docket for inspection or

copying and are open to public

comment where indicated under

ADDRESSES.

List of Subjects in 33 CFR Part 100

Marine safety, Navigation (water),

Reporting and recordkeeping

requirements, Waterways.

For the reasons set out in the

preamble, the Coast Guard amends 33

CFR part 100 as follows:

PART 100—MARINE EVENTS

1. The authority citation for part 100

is revised to read as follows:

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

2. The heading for part 100 is revised

to read as set forth above.

3. Before § 100.01, add a subpart

heading to read as set forth above.

Subpart A—General

4. Sections 100.01 and 100.05 are

revised to read as follows:

§ 100.01 Purpose.

This part prescribes the requirements

for holding a marine event on the

navigable waters of the United States.

§ 100.05 Definitions.

As used in this part—

Area of historic, cultural, or

archeological significance means a place

or structure that is listed, or is eligible

for listing, in the National Register of

Historic Places under the National

Historic Preservation Act of 1966 (16

U.S.C. 661 et seq.); an area that is

designated under other applicable

Federal, State, or local historic

preservation law or regulation; or an

area of significance to Native

Americans.

Critical habitat means a geographical

area formally identified under the

Endangered Species Act of 1973 (16

U.S.C. 1531 et seq.) that is considered

essential to the conservation of a species

listed as threatened or endangered

under the Act and that may require

special management considerations or

protection.

Designated Officer means a Coast

Guard officer designated by the District

Commander to carry out the functions

assigned in this part to the Designated

Officer.

District Commander means the

Commander of the Coast Guard district

in which the marine event will be held.

Environmentally sensitive area means

a geographical area that is designated—

(1) As a critical habitat of a threatened

or endangered species under the

Endangered Species Act of 1973 (16

U.S.C. 1531 et seq.);

(2) For protection under a State

endangered or protected species statute;

(3) As a marine sanctuary under the

Marine Protection, Research, and

Sanctuaries Act of 1972 (16 U.S.C. 1431

et seq. and 33 U.S.C. 1401 et seq.); or

(4) As a wildlife sanctuary, refuge, or

special natural resource conservation

area under Federal or State law.

Local authority means an official or

agency of local government having

power under the laws of a State to

regulate marine events on waters over

which the State has jurisdiction.

Marine event or event means an

organized event of limited duration held

on the water according to a prearranged

schedule.

Participating vessel means a vessel

that is participating in a marine event.

Regatta or marine parade means a

marine event.

Spectator vessel means a vessel at a

marine event, other than a participating

vessel, and includes support and safety

patrol vessels.

State authority means an official or

agency of a State having power under

the laws of the State to regulate waters

or resources over which the State has

jurisdiction.

Threatened or endangered species

means a species that is listed, or

proposed for listing, as threatened or

endangered under the Endangered

Species Act of 1973 (16 U.S.C. 1531 et

seq.) or other species of plant or wildlife

protected by an equivalent State statute.

5. Section 100.15 is revised to read as

follows:

§ 100.15 General requirements for events.

No marine event may be conducted in

such a manner that a participating

vessel violates any Federal, State, or

local law or regulation that applies

during the time and at the location of

the event.

6. Sections 100.17, 100.18, and 100.19

are added to read as follows:

§ 100.17 Notice of event.

(a) The sponsor of a marine event

shall notify the Designated Officer if—

(1) The event will involve more than

50 participating vessels or more than

200 spectator vessels;

(2) The event will take place in or

near a designated environmentally

sensitive area (including a critical

habitat of a threatened or endangered

species), or other area of historic,

cultural, or archeological significance,

including an area of significance to

Native Americans;

(3) The event will involve

participating vessels travelling at speeds

of greater than 30 miles per hour;

(4) The event will cause participating

vessels or spectator vessels to cross a

designated shipping lane or otherwise

block or cause substantial interference

with navigation on a body of water;

(5) The event could present a

substantial threat to the safety of human

life on navigable waters; or

(6) The sponsor is requesting the use

of Coast Guard resources or the issuance

of a special local regulation under

§ 100.35.

(b) The notice must be in writing and

contain the following information:

(1) The name of the sponsor and the

event.

(2) Name, address, and telephone

number of the person in charge of the

event.

(3) The date and approximate time the

event is scheduled to begin and end.

(4) The nature of the event (e.g.,

marine parade, powerboat race, or

sailboat race).

(5) The general location of the event

as shown on a chart or drawing.

(6) The number and type (e.g.,

powerboat or sailboat) of participating

vessels and spectator vessels expected.
Federal Register / Vol. 61, No. 124 / Wednesday, June 26, 1996 / Rules and Regulations 33033

(7) An explanation of why the event

does not present a substantial threat to

the safety of human life on navigable

waters and what steps will be taken to

ensure that result.

(8) The expected effect, if any, of the

event on the following resources:

(i) A threatened or endangered

species.

(ii) A critical habitat or other

designated environmentally sensitive

area.

(iii) The coastal zone of a State with

a Federally-approved Coastal Zone

Management plan under 16 U.S.C. 1451

et seq.

(iv) An area of historic, cultural, or

archeological significance, including an

area of significance to Native

Americans.

(c) A sponsor of an event meeting the

criteria of paragraph (a) of this section

must submit notice to the Designated

Officer at least 135 days before the

event. However, a sponsor may submit

the notice no later than 60 days before

the event if—

(1) The sponsor submitted a notice of

the event in the year immediately

preceding;

(2) The nature, location, scheduling,

and other relevant information

contained in the prior notice is

essentially the same; and

(3) The Coast Guard required no

permit for the prior event.

(d) The Coast Guard will provide a

copy of the notice to the appropriate

Federal, State, and local authorities

having jurisdiction over the affected

waters and also to the appropriate

Federal, State, or local authorities

having jurisdiction over potentially

affected critical habitat of a threatened

or endangered species or other

designated environmentally sensitive

area or an area of historic, cultural, or

archeological significance, including an

area of significance to Native

Americans.

(e) If, after reviewing the notice, the

Designated Officer determines that the

event is likely to present a substantial

threat to the safety of human life on

navigable waters, the Designated Officer

will notify the sponsor that the event

may not be held unless the sponsor first

obtains a Coast Guard permit for the

event.

§ 100.18 Permits.

(a) When a permit is required under

§ 100.17(e), the sponsor of the event

shall submit the following additional

information to the Designated Officer

within 30 days after the date of notice

of the decision that a permit will be

required:

(1) A detailed plan of how the sponsor

plans to conduct the event so as to

minimize the risk to the safety of human

life on the navigable waters.

(2) A statement that the event will be

conducted in compliance with all

requirements under the Clean Air Act

(42 U.S.C. 1857 et seq.), the Clean Water

Act (33 U.S.C. 1321), and the Noise

Control Act (42 U.S.C. 4901 et seq.), the

Endangered Species Act of 1973 (16

U.S.C. 1531 et seq.), the Marine

Mammal Protection Act of 1972 (16

U.S.C. 1361 et seq.), and other

applicable Federal, State and local laws,

regulations, and ordinances.

(3) If the event is subject to a State’s

Federally approved coastal zone

management plan, a determination from

the event sponsor that the event is

consistent with the enforceable policies

of that plan, as well as evidence

showing when the State concurred, or

was asked to concur, in that

determination.

(4) The name of all Federal, State, or

local authorities contacted about the

event, the date of each contact, whether

any agency indicated that the event will

have an adverse impact on a resource,

any steps an agency recommended to

mitigate the impact, and the sponsor’s

plan to mitigate the impact.

(5) Any other information deemed

necessary by the Designated Officer,

such as information to assist the Coast

Guard in preparing required

environmental documents on the event,

including, when appropriate, an

agreement to implement any mitigation

measures suggested by any Federal,

State, or local authority.

(b) The Designated Officer will

forward the information to the District

Commander, who reviews the

information submitted and issues a

permit to the sponsor or notifies the

sponsor that a permit has been denied

and states the reasons for the denial.

The sponsor may, within 15 days of the

date of notice of the decision to deny a

permit, request reconsideration and

submit revised or additional

information to show that the event has

been modified. The District Commander

reviews the information submitted for

reconsideration and issues a permit or

notifies the sponsor that a permit is

denied.

§ 100.19 Appeals.

The sponsor of a marine event for

which the District Commander has

denied a permit may appeal that

decision in writing to Chief, Operations,

U.S. Coast Guard Headquarters, 2100

Second Street SW., Washington, DC

20593–0001, within 7 days of the date

of the determination. After considering

all material presented, the Chief, Office

of Operations, notifies the petitioner of

the decision. The decision by the Chief,

Office of Operations, is final agency

action.

§§ 100.25 and 100.30 [Removed]

7. Sections 100.25 and 100.30 are

removed.

8. Section 100.35 is revised to read as

follows:

§ 100.35 Special local regulations.

(a) The District Commander may issue

regulations to promote safety of life on

the navigable waters immediately

before, during, and immediately after a

marine event.

(b) The regulations may establish an

area within which participating vessels,

or other vessels are excluded, their entry

is limited, or their movement is

restricted.

(c) The District Commander will

provide notice of the regulations to the

State and local authorities having

jurisdiction over the affected navigable

waters and may provide notice of the

regulations by means of local or

broadcast notices to mariners.

9. Section 100.50 is revised to read as

follows:

§ 100.50 Penalties.

Any person who violates a provision

of this part or a regulation issued under

this part shall be subject to a penalty

assessed under 33 U.S.C. 1236.

10. Before § 100.101, add a new

subpart B heading and § 100.100 to read

as follows:

Subpart B—Special Local Regulations

§ 100.100 Purpose of subpart.

(a) This subpart prescribes regulations

for particular recurring marine events.

(b) Geographical coordinates used in

this subpart are not intended for

plotting on maps and charts referenced

to the North American Datum of 1983

(NAD 83), unless the coordinates are

labeled NAD 83. Coordinates without an

NAD 83 reference may be plotted on

maps or charts with an NAD 83

reference only after application of the

appropriate corrections published on

the map or chart.

J.A. Creech,

Captain, U.S. Coast Guard, Director,

Operations Policy.

[FR Doc. 96–16319 Filed 6–25–96; 8:45 am]

BILLING CODE 4910–14–M