[Federal Register Volume 66, Number 6 (Tuesday, January 9, 2001)]
[Rules and Regulations]
[Pages 1580-1583]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-546]


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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: Final rule and withdrawal of interim rule.

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[[Page 1581]]

SUMMARY: The Coast Guard withdraws its interim rule on regattas and 
marine parades, which never went into effect. Instead, it intends to 
issue new proposals that would better accommodate environmental 
concerns, while still eliminating overly burdensome requirements for 
sponsors of marine events. Also, the Coast Guard issues a final rule 
amending its existing regulation that specifies the minimum time before 
a marine event takes place for submitting an application to hold the 
event. This amendment increases the amount of time for the Coast Guard 
to consider the numerous, additional statutory requirements, enacted 
since the existing regulation was issued, before it approves an 
application.

DATES: The interim rule published at 61 FR 33027 on June 26, 1996, is 
withdrawn as of March 12, 2001. The amendments to 33 CFR part 100 are 
effective on March 12, 2001.

ADDRESSES: Comments and material received from the public, as well as 
documents mentioned in this preamble as being available in the docket, 
are part of docket CGD 95-054. They are available for inspection or 
copying at the Office of the Executive Secretary, Marine Safety Council 
(G-LRA/3406), U.S. Coast Guard Headquarters, 2100 Second Street SW., 
room 3406, Washington, DC 20593-0001, between 9:30 a.m. and 2 p.m., 
Monday through Friday, except Federal holidays. The telephone number is 
202-267-1477.
    You may obtain a copy of this document by telephone at the U.S. 
Coast Guard Infoline, 1-800-368-5647; by e-mail at 
[email protected]; or by Internet at the Web Site for the 
Office of Boating Safety, http://www.uscgboating.org.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
contact Carlton Perry, Project Manager, Office of Boating Safety, by 
telephone at 202-267-0979 or by e-mail at [email protected]. 

SUPPLEMENTARY INFORMATION:

Regulatory History

    On December 26, 1995, we published an advance notice of proposed 
rulemaking (ANPRM) entitled ``Regattas and Marine Parades; Permit 
Application Procedures'' in the Federal Register (60 FR 66773). On 
April 17, 1996, we published a notice of proposed rulemaking (NPRM) 
entitled ``Regattas and Marine Parades'' (61 FR 16732). On June 26, 
1996, we published an interim rule with notice of availability of 
environmental assessment entitled ``Regattas and Marine Parades'' (61 
FR 33027). As a result of a series of notices of delay of effective 
date, the interim rule never went into effect (61 FR 60027, November 
26, 1996; 62 FR 67570, December 29, 1997; 63 FR 71753, December 30, 
1998; and 64 FR 70184, December 16, 1999). No public hearing was 
requested, and none was held.

Withdrawal of Interim Rule

    The original purpose for this rulemaking was to explore ways to 
better carry out our statutory responsibility, under 33 U.S.C. 1233, to 
promote safety of life on navigable waters during regattas and marine 
parades. In keeping with the President's Regulatory Reinvention 
Initiative, we reviewed the regulations on marine events in 33 CFR part 
100 and determined that the regulations needed revising to eliminate 
overly burdensome, unnecessary, and obsolete requirements. To that end, 
this rulemaking intended to eliminate the need for Coast Guard marine 
event permits, unless a permit was necessary to advance the statutory 
purpose of promoting safety of life during marine events. The rule 
would have established various categories of marine events: those that 
did not require either a written notice to the Coast Guard or a Coast 
Guard permit because they clearly posed no extra or unusual hazard to 
the safety of life; those that required written notice to the Coast 
Guard because they may have posed such a hazard; and those that 
required an individual Coast Guard permit because they clearly posed 
such a hazard. For a detailed discussion of this project and our 
statutory authority, see the ANPRM, NPRM, and interim rule mentioned 
under ``Regulatory History'' in this preamble.
    During the course of this project, we consulted with, and continue 
to consult with, other governmental agencies on the likely 
environmental effects of our proposals. As a result of the concerns of 
environmental agencies on the possible adverse effects of our proposals 
on the environment and, in particular, on endangered species, we have 
decided to withdraw this interim rule and close CGD 95-054. In its 
place, we plan to develop new alternatives through a new rulemaking 
project. In this new project, we will again address our original 
concerns of eliminating overly burdensome requirements on the sponsors 
of events, while being responsive to environmental issues.

Final Rule Amending the Lead Time for Applications for Marine 
Events

    This final rule amends 33 CFR 100.15 entitled ``Submission of 
application.'' Before this amendment, paragraph (c) of Sec. 100.15 
stated that an application to hold a proposed marine event must be 
submitted to the Coast Guard no less than 30 days before the start of 
the event. In Sec. 100.17(c) of the interim rule, the 30-day period was 
increased to 135 days before the event or, if all of the following 
apply, to 60 days before the event:
    (1) If the sponsor submitted an application for the event in the 
year immediately preceding.
    (2) If the particulars of the event, such as its nature, location, 
and scheduling, are essentially the same as for the previous event.
    (3) If the Coast Guard did not require a permit for the previous 
event.
    In the final rule, we revised the 60-day criteria to reflect the 
current regulations on issuing permits for recurring events. To avoid 
potential burdens of an abrupt transition to the new regulation in 
paragraph (c), new paragraphs (d) and (e) of Sec. 100.15 provide 
special lead times for events to be held within 196 days after the 
effective date of the final rule.

Discussion of Comments to Sec. 100.17(c) in the Interim Rule on the 
Lead Time for Applications for Marine Events

    1. One comment to the interim rule stated that an extension of the 
existing 30-day deadline for submitting applications to 135 days is 
unnecessarily burdensome.
    Since 1963, when the existing regulations were issued, the number 
of factors that are required to be considered in the permitting process 
have greatly increased. Additional statutes enacted since 1963 must now 
be considered before a permit is issued. For example, compliance with 
the National Environmental Policy Act (NEPA) (42 U.S.C. 4321-4347) 
alone can delay approval of a permit for 120 days or more. Furthermore, 
while marine events have become larger, faster, and more frequent and 
have a greater impact on navigation, the Coast Guard's resources for 
processing permits have been reduced. The 135-day period is based on 
the minimum time needed for the Coast Guard to review the application 
and verify its contents; to consult with other agencies and allow time 
for their responses; to determine whether a special local regulation 
under 33 CFR 100.35 is needed and, if so, issue that regulation; to 
determine if changes to the application are needed; and to prepare the 
required environmental documentation.
    For annually recurring events that meet certain specified criteria, 
the interim rule in Sec. 100.17(c) and this final rule in 
Sec. 100.15(c) provide for

[[Page 1582]]

submitting an application a minimum of 60 days before the event.
    2. One comment asked us to clarify when an event would be subject 
to the new rules. For example, what if the sponsor has met the 30-day 
minimum for requesting a permit under paragraph (c) of previous 
Sec. 100.15 and, in the meantime, this final rule goes into effect, 
with its 135-day requirement in new Sec. 100.15(c)? The new requirement 
could force the sponsor to cancel the event.
    We agree that a transition period is needed. See new paragraphs (d) 
and (e) of Sec. 100.15 in this final rule.

Regulatory Evaluation

    This final rule is not a ``significant regulatory action'' under 
section 3(f) of Executive Order 12866, Regulatory Planning and Review, 
and does not require an assessment of potential costs and benefits 
under section 6(a)(3) of that Order. The Office of Management and 
Budget has not reviewed it 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).
    We expect the economic impact of the final rule to be so minimal 
that a full Regulatory Evaluation under paragraph 10e of the regulatory 
policies and procedures of DOT is unnecessary. The final rule increases 
the minimum amount of time necessary for the Coast Guard to process 
marine-event applications. This means that some sponsors of events may 
have to plan their events earlier. Though this increase may impose a 
burden on those sponsors, it is necessary to meet new statutory 
considerations affecting approval of applications and to allow agencies 
that must be consulted to have a reasonable amount of time to respond.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we 
considered whether this final rule would have a significant economic 
impact on a substantial number of small entities. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000.
    As discussed in the ``Regulatory Evaluation'' section of this 
preamble, the need for this rule is due to the increased review time 
needed to comply with statutes enacted after the previous regulation 
was issued, as well as to the increasing number of events held. The 
final rule applies to all marine-event sponsors, both large and small. 
Some sponsors may now find the need to plan events farther into the 
future than they have in the past, though having to plan farther into 
the future does not necessarily create an economic impact. However, to 
keep the lead-time to the minimum necessary, the final rule provides 
for a shorter lead-time for events that repeat annually and that meet 
the criteria listed in Sec. 100.15(c). Therefore, the Coast Guard 
certifies under 5 U.S.C. 605(b) that this final rule will not have a 
significant economic impact on a substantial number of small entities.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 104-121), we offered, under the NPRM 
and interim rule, to assist small entities in understanding this 
rulemaking so that they could better evaluate its effects on them and 
participate in the rulemaking.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247).

Collection of Information

    This final rule calls for no new collection of information under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). This rule 
does not affect the content of, or burden of collecting information 
for, marine event application.

Federalism

    We have analyzed this rule under Executive Order 13132, Federalism, 
and have determined that it does not have implications for federalism 
under that Order.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their regulatory 
actions not specifically required by law. In particular, the Act 
addresses actions that may result in the expenditure by a State, local, 
or tribal government, in the aggregate, or by the private sector of 
$100,000,000 or more in any one year. Though this rule will not result 
in such an expenditure, we do discuss the effects of this rule 
elsewhere in this preamble.

Taking of Private Property

    This rule will not effect a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

Civil Justice Reform

    This final rule meets applicable standards in sections 3(a) and 
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize 
litigation, eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this final rule under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety 
Risks. This rule is not an economically significant rule and does not 
concern an environmental risk to health or risk to safety that may 
disproportionately affect children.

Environment

    We have considered the environmental impact of this final rule and 
concluded that, under figure 2-1, paragraph (34)(a), of Commandant 
Instruction M16475.lC, this rule is categorically excluded from further 
environmental documentation. This rule is administrative in nature and 
concerns the timeframe for submitting an application. It will have no 
direct affect on the environment. A ``Categorical Exclusion 
Determination'' is available in the docket where indicated under 
ADDRESSES.

List of Subjects in 33 CFR Part 100

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

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 100 as follows:

PART 100--MARINE EVENTS

    1. Revise the authority citation for part 100 to read as follows:

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


    2. The interim rule published at 61 FR 33027 on June 26, 1996, is 
withdrawn.

    3. In Sec. 100.15, revise paragraph (c), redesignate paragraph (d) 
as paragraph (f), and add new paragraphs (d) and (e) to read as 
follows:


Sec. 100.15  Submission of application.

* * * * *

[[Page 1583]]

    (c) Except as in paragraphs (d) and (e) of this section, the 
application must be submitted no less than 135 days before the start of 
the proposed event. However, if all of the following criteria are met, 
the application must be submitted no less than 60 days before the start 
of the proposed event:
    (1) The sponsor submitted an application for the event in the year 
immediately preceding.
    (2) The nature, location, scheduling, and other relevant 
information contained in the previous application are essentially the 
same.
    (3) The Coast Guard received no objection to the previous 
application.
    (4) The Coast Guard did not promulgate special local regulations 
for the previous event.
    (5) The Coast Guard approved the previous event.
    (d) For marine events to be held on or before July 10, 2001, the 
application must be submitted no less than 30 days before the start of 
the proposed event.
    (e) For marine events to be held after July 10, 2001 but before 
September 24, 2001, the application must be submitted no less than 60 
days before the start of the proposed event.
* * * * *

    Dated: December 29, 2000.
Terry M. Cross,
Rear Admiral, U.S. Coast Guard, Assistant Commandant for Operations.
[FR Doc. 01-546 Filed 1-8-01; 8:45 am]
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