[Federal Register Volume 59, Number 172 (Wednesday, September 7, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-21913]


[[Page Unknown]]

[Federal Register: September 7, 1994]


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DEPARTMENT OF TRANSPORTATION
Coast Guard

33 CFR Part 100

[CGD 08-94-019]
RIN 2115-AE46

 

Annual Marine Events within the Eighth Coast Guard District

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish permanent special local 
regulations for the annual marine events in the Eighth Coast Guard 
District. This proposal would reduce the number of annual requests for 
temporary final rules for regattas and marine parades and codifying 
these marine events in the Code of Federal Regulation would streamline 
the implementation process.

DATES: Comments must be received on or before November 7, 1994.

ADDRESSES: Comments should be mailed to the Commander, Eighth Coast 
Guard District (dl) (CGD 08-94-019), 501 Magazine St., New Orleans, LA 
70130-3396, or may be delivered to room 1311 of the Hale Boggs Federal 
Building at the same address between 8 a.m. and 3:30 p.m., Monday 
through Friday, except holidays. The telephone number is (504) 589-
6188. Comments may also be hand-delivered to this address.
    The Eighth Coast Guard District Legal Office maintains the public 
docket for this rulemaking. Comments will become part of this docket 
and will be available for inspection or copying at room 1311, Eighth 
Coast Guard District, located in the Hale Boggs Federal Building, 
between 8 a.m. and 3 p.m., Monday through Friday, except Federal 
holidays.
    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. To be placed on the mailing list for such 
notices, contact: Commander (oan), Eighth Coast Guard District, Hale 
Boggs Federal Building, 501 Magazine Street, Suite 1211, New Orleans, 
Louisiana 70118.

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: 

Requests 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 (CGD 08-94-019) and the specific section to 
which the comment applies, and give the reasons for concurrence with or 
for any recommended changes to the proposal. Please submit two copies 
of all comments and attachments in an unbound format, no larger than 8 
by 11 inches, suitable for copying and electronic filing. Persons 
desiring acknowledgment that their comments have been received should 
enclose a stamped, self-addressed postcard or envelope.
    The Coast Guard, will evaluate all communications received and 
determine a course of final action on this proposal. Based upon the 
comments received the proposal may be changed.
    The Coast Guard plans no public hearing. Persons may request a 
public hearing by writing to the Eighth Coast Guard District Legal 
Office 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.

Drafting Information

    The principal persons involved in drafting this document are LCDR 
T.P. Marian, Project Manager, and LT C.D. Michel, Project Counsel.

Discussion of Proposed Rules

    (a) Currently, Coast Guard units responsible for overseeing the 
safety of marine events prepare temporary rules each year for each 
event. This rulemaking would eliminate the need to prepare annual 
temporary final rules for those annual marine events that have few or 
no changes from year to year. If this rule is adopted, the rules would 
be effective at the same time each year without need for temporary 
rules. The Coast Guard would issue event information in the Local 
Notice to Mariners. This would streamline 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.
    The marine events requiring this regulation are regattas and marine 
parades that occur annually in the Eighth District of the United States 
Coast Guard with little or no variation in location, time frame, and 
sponsors. 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.

Regulatory Evaluation

    This proposal is not a significant regulatory action under section 
3(f) of Executive Order 12866 and does not require an assessment of 
potential costs and benefits under section 6(a)(3) of that order. It 
has not been reviewed by the Office of Management and Budget under that 
order. It is not significant under the regulatory policies and 
procedures of the Department of Transportation (DOT) (44 FR 11040; 
February 26, 1979). The Coast Guard expects the economic impact of this 
proposal to be so minimal that a full Regulatory Evaluation under 
paragraph 10e of the regulatory policies and procedures of DOT is 
unnecessary. This is attributed to the fact that the proposal merely 
codifies existing marine events. 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 conducted 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 
monitor these recurring events in the interest of marine safety. Once 
the marine event is terminated the rule of the Coast Guard in 
monitoring the marine event ceases. 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 5 U.S.C. 605(b) that this proposal, if adopted, will not have a 
significant economic impact on a substantial number of small entities. 
If, however, you think that your business or organization qualifies as 
a small entity and that this proposal will have a significant economic 
impact on your business or organization, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and in what way and to 
what degree this proposal will economically affect it.

Collection of Information

    This proposal contains no collection-of-information requirements 
under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).

Federalism

    This proposed action has been analyzed in accordance with the 
principles and criteria contained in Executive Order 12612, and it has 
been demonstrated that the proposed rulemaking does not have sufficient 
federalism implications to warrant the preparation of a Federalism 
Assessment.

Environment

    This regulation 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.c. of Coast Guard 
Commandant Instruction M16475.1B.

List of Subjects in 33 CFR Part 100

    Marine safety, Navigation (water). Reporting and recordkeeping 
requirements, Waterways.

Proposed Regulation

    In consideration of the foregoing, the Coast Guard proposes to 
amend Part 100 of Title 33, Code of Federal Regulations, 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 Sec. 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 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 (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, 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

The Blessing of the Fleet, 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.
    Location: Berwick Bay from the junction of the Lower Atchafalya 
River at Morgan City, Louisiana to 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 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: August 16, 1994.
Robert C. North,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 94-21913 Filed 9-6-94; 8:45 am]
BILLING CODE 4910-14-M