[Federal Register Volume 61, Number 124 (Wednesday, June 26, 1996)]
[Rules and Regulations]
[Pages 33027-33033]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-16319]



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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.

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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

[[Page 33028]]

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 8\1/2\ 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 (Sec. 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 (Sec. 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.

[[Page 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 Sec. 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 Sec. 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 high-speed 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 Sec. 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 
Sec. 100.35.
    2. One commenter suggested that the numeric threshold in 
Sec. 100.17(a)(1) should be raised from 50 vessels to 100 vessels.
    The Coast Guard supports any revision which will remove overly-
burdensome 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-participating-vessel 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 
Sec. 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

[[Page 33030]]

the sponsor in advance. Therefore, this suggestion was not adopted.
    5. Several comments on proposed Sec. 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-of-information 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, Sec. 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 Sec. 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 Sec. 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,

[[Page 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 Sec. 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-of-information 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 Sec. 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-of-
information requirements in Secs. 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 
Sec. 100.17 and to submit additional information for a permit under 
Sec. 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

[[Page 33032]]

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 Sec. 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:


Sec. 100.01  Purpose.

    This part prescribes the requirements for holding a marine event on 
the navigable waters of the United States.


Sec. 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:


Sec. 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:


Sec. 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 Sec. 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.

[[Page 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.


Sec. 100.18  Permits.

    (a) When a permit is required under Sec. 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.


Sec. 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.


Secs. 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:


Sec. 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:


Sec. 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 Sec. 100.101, add a new subpart B heading and 
Sec. 100.100 to read as follows:

Subpart B--Special Local Regulations


Sec. 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