[Federal Register Volume 66, Number 180 (Monday, September 17, 2001)]
[Proposed Rules]
[Pages 48014-48018]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-22812]


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

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD08-01-012]
RIN 2115-AE46


Marine Events and Regattas; Annual Marine Events in the Eighth 
Coast Guard District

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard proposes to establish and modify various 
annually recurring marine events throughout the Eighth Coast Guard 
District. This action is necessary to provide for the safety of life on 
navigable waters during the events. This action is intended to control 
vessel traffic in portions of the waterways of the Eighth Coast Guard 
District in conjunction with these marine events.

DATES: Comments and related material must reach the Coast Guard on or 
before October 17, 2001.

ADDRESSES: You may mail comments and related material to Commander 
(dl), Eighth Coast Guard District, 501 Magazine Street, New Orleans, 
Louisiana 70130-3396. The Eighth Coast Guard District legal office 
maintains the public docket for this rulemaking. Comments and material 
received from the public, as well as documents indicated in this 
preamble as being available in the docket, will become part of this 
docket and will be available for inspection or copying at room 1311, 
Hale Boggs Federal Building, New Orleans, Louisiana, between 8 a.m. and 
3 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Lieutenant Commander David Nichols, 
Eighth Coast Guard District Legal Office, (504) 589-6188.

SUPPLEMENTARY INFORMATION:

Regulatory History

    Annual marine events in the Eighth Coast Guard District are listed 
in Table 1 of 33 CFR Sec. 100.801. This part provides the regulations 
that apply to all marine events listed in Table 1. Occasionally, these 
regulations require updating and/or modification.

Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related material. If you do so, please include your name 
and address, identify the docket number for this rulemaking (CGD08-01-
012), indicate the specific section of this document to which each 
comment applies, and give the reason for each comment. Please submit 
all comments and related material in an unbound format, no larger than 
8\1/2\ by 11 inches, suitable for copying. If you would like to know 
that your comments and material reached us, please enclose a stamped, 
self-addressed postcard or envelope. We will consider all comments and 
material received during the comment period. We may change this 
proposed rule in view of them.

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for a meeting by writing to Eighth Coast Guard District legal 
office at the address under ADDRESSES explaining why one would be 
beneficial. If we determine that one would aid this rulemaking, we will 
hold one at a time and place announced by a later notice in the Federal 
Register.

Discussion of Proposed Rule

    This proposed regulation would establish six annually recurring 
marine events and change the regulated areas of two established 
annually recurring marine events. This proposed rulemaking is necessary 
to ensure the safety of life on the navigable waters of the United 
States and to give the marine community the opportunity to comment on 
these events. The events being added or amended are as follows:

Independence Day Fireworks, Mobile, AL

    The Coast Guard proposes to establish an annual marine event on the 
Mobile River. The regulated area will be from the shore of the east 
bank out 500 feet into the Mobile River between latitudes 30 degrees 41 
minutes 20 seconds North and 30 degrees 41 minutes 15 seconds North. 
The Mobile Register will sponsor the one-day event that will occur on 
the 4th of July.

Blue Angels Air Show, Pensacola, FL

    The Coast Guard proposes to establish an annual marine event off 
the Pensacola Beach on the Gulf of Mexico. The regulated area will be a 
five nautical mile radius from a center point located 1,500 feet from 
the Pensacola Beach water tower in a direction perpendicular to the 
beachfront. Naval

[[Page 48015]]

Air Station Pensacola, Florida will sponsor the two-day event that will 
occur on the 2nd weekend in July.

Fort-to-Fort Swim, Pensacola, FL

    The Coast Guard proposes to establish an annual marine event in the 
Gulf Intracoastal Waterway at Pensacola, Florida. The regulated area 
will be from the Fort Pickens pier to Barrancas Beach, crossing the 
Gulf Intracoastal Waterway at statute mile 180 between buoys 13, 14, 
15, and 16. The one-day event will occur on the 1st weekend in August.

Keesler Air Force Base Air Show, Biloxi, MS

    The Coast Guard proposes to establish an annual marine event in 
Back Bay, Biloxi, Mississippi. The regulated area will be bounded by 
the following coordinates: (1) Latitude 30 degrees, 24 minutes, 36 
seconds North, longitude 088 degrees, 56 minutes, 00 seconds West; (2) 
latitude 30 degrees, 25 minutes, 30 seconds North, longitude 088 
degrees, 55 minutes, 20 seconds West; (3) latitude 30 degrees, 25 
minutes, 10 seconds North, longitude 088 degrees, 54 minutes, 55 
seconds West. Keesler Air Force Base, Biloxi, Mississippi, will sponsor 
the two-day event that will occur on the 1st weekend in November.

Annual Krewe of Billy Bowlegs Pirate Festival, Okaloosa County, FL

    The Coast Guard proposes to establish an annual marine event in 
Santa Rosa Sound. The regulated area will be Santa Rosa Sound, east of 
the Brooks Bridge to Fort Walton Yacht Club at Smack Point on the 
western end of Choctowatchee Bay and Cinco Bayou. The Krewe of Billy 
Bowlegs of Okaloosa County, Inc. will sponsor the two-day event that 
will occur on the 1st weekend in June.

East-West Powerboat Shootout, Corpus Christi, TX

    The Coast Guard proposes to establish an annual marine event in 
Corpus Christi Bay adjacent to the Corpus Christi downtown area. The 
regulated area will be bounded by the following coordinates: (1) 
Latitude 27 degrees, 49 minutes, 24 seconds North, longitude 097 
degrees, 23 minutes, 00 seconds West; (2) latitude 27 degrees, 49 
minutes, 24 seconds North, longitude 097 degrees, 21 minutes, 22 
seconds West; (3) latitude 27 degrees, 45 minutes, 00 seconds North, 
longitude 097 degrees, 23 minutes, 00 seconds West; (4) latitude 27 
degrees, 45 minutes, 00 seconds North, longitude 097 degrees, 21 
minutes, 22 seconds West. EM Marketing Company, Inc. and the Corpus 
Christi Offshore Racing Association will sponsor the two-day event that 
will occur on the 1st or 2nd weekend in June.

Rubber Ducky Derby, Beaumont, TX

    The Coast Guard proposes to establish an annual marine event on the 
Neches River from the Trinity Industries Dry Dock to the northeast 
corner of the Port of Beaumont's dock number 5. C P Rehabilitation 
Center will sponsor the event which will occur on the 2nd, 3rd, and 4th 
Saturday in April.

Port Arthur Fourth of July Firework Demonstration, Port Arthur, TX

    The Coast Guard proposes to establish an annual marine event on the 
waters of the Sabine-Neches Canal from Wilson Middle School to the 
northern terminus of Old Golf Course Road. The event is sponsored by 
the City of Port Arthur and Lamar State College and will occur on the 
Fourth of July.

Neches River Festival, Beaumont, TX [Amended]

    The Coast Guard proposes to change the effective date for this 
annual event.
    Amend the Date to read ``two days beginning on the 2nd, 3rd, or 4th 
weekend in April.''

Annual Labor Day Fireworks [Amended]

    The Coast Guard proposes to change the regulated area for this 
annual event.
    Amend Regulated Area to read ``Destin East Pass between and 
including buoys 5 to 11, Destin, FL''.

Independence Day Fireworks, Destin, FL [Amended]

    The Coast Guard proposes to change the regulated area for this 
annual event.
    Amend Regulated Area to read ``Destin East Pass between and 
including buoys 5 to 11, Destin, FL''.

Regulatory Evaluation

    This proposed 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. 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 this proposed rule to be so 
minimal that a full Regulatory Evaluation under paragraph 10e of the 
regulatory policies and procedures of DOT is unnecessary.
    Although these proposed marine events will restrict vessel traffic 
from transiting certain areas of Eighth Coast Guard District waters, 
the effect of this regulation will not be significant due to the 
limited duration that the regulated areas will be in effect and the 
advance notification that will be made to the maritime community 
through the Federal Register. These proposed regulations have been 
narrowly tailored to impose the least impact on maritime interests yet 
provide the level of safety deemed necessary.

Collection of Information

    This proposed rule would call for no new collection of information 
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520.).

Federalism

    We have analyzed this proposed rule under E.O. 13132 and have 
determined that this rule does not have implications for federalism 
under that Order.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we 
considered whether this proposed 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.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this proposed 
rule would not have a significant economic impact on a substantial 
number of small entities. These marine events would not have a 
significant economic impact on a substantial number of small entities 
for the following reasons. These events occur only once per year and 
are only a short duration, usually several hours. Additionally, traffic 
would be allowed to pass through the affected area with the permission 
of the Captain of the Port or Coast Guard patrol commander.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this proposed rule so that they can better 
evaluate its effects on

[[Page 48016]]

them and participate in the rulemaking. If the rule would affect your 
small business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
contact Lieutenant Commander David Nichols, Eighth Coast Guard District 
legal office, (504) 589-6188.

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 discretionary 
regulatory actions. 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 proposed rule would not result in such an 
expenditure, we do discuss the effects of this rule elsewhere in this 
preamble.

Taking of Private Property

    This proposed rule would not effect a taking of private property or 
otherwise have taking implications under E.O. 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

Civil Justice Reform

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

Protection of Children

    We have analyzed this proposed rule under E.O. 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.

Environmental

    We have considered the environmental impact of this proposed rule 
and concluded that, under figure 2-1, paragraph 34(h), of Commandant 
Instruction M16475.1D, this proposed rule is categorically excluded 
from further environmental documentation. This proposed rule fits 
paragraph 34(h) as it establishes and/or amends annual marine event 
regulations. A ``Categorical Exclusion Determination'' is available in 
the docket where indicated under ADDRESSES.

Indian Tribal Governments

    This proposed rule does not have tribal implications under 
Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it does not have a substantial direct effect on 
one or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes.

Energy Effects

    We have analyzed this proposed rule under Executive Order 13211, 
Actions Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under Executive Order 12866 and is not likely to have a 
significant adverse effect on the supply, distribution, or use of 
energy. It has not been designated by the Administrator of the Office 
of Information and Regulatory Affairs as a significant energy action. 
Therefore, it does not require a Statement of Energy Effects under 
Executive Order 13211.

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 proposes 
to amend 33 CFR Part 100 as follows:

PART 100--REGATTAS AND MARINE PARADES

    1. The authority citation for Part 100 continues to read as 
follows:

    Authority: 33 U.S.C. 1233 through 1236; 49 CFR 1.46; 33 CFR 
100.35.

    2. Amend Table 1 of Sec. 100.801 by as follows:
    a. The seven ``Groups'' identified in Table 1 are designated as I 
through VII, respectively, as set out below;
    b. Add new unit VIII Marine Safety Office Port Arthur as set out 
below;
    c. At the end of newly designated unit IV, add the entries for 
Independence Day Fireworks, Mobile, AL; Blue Angels Air Show, 
Pensacola, FL; Fort-to-Fort Swim, Pensacola, FL; Keesler Air Force Base 
Air Show, Biloxi, MS; and Annual Krewe of Billy Bowlegs Pirate 
Festival, Okaloosa County, FL as set out below;
    d. At the end of newly designated unit VII, add the entry for East-
West Powerboat Shootout, Corpus Christi, TX as set out below;
    e. In newly designated unit IV, revise the entries for Annual Labor 
Day Fireworks and Independence Day Fireworks, Destin, FL as set out 
below;
    f. In newly designated unit VI, revise the entry for Neches River 
Festival, Beaumont, TX as set out below.
    g. In the new unit VIII, add the entries Rubber Ducky Derby, 
Beaumont, TX, and Port Arthur Fourth of July Firework Demonstration, 
Port Arthur, TX as set out below.


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

* * * * *

                        Table 1 of Sec.  100.801
------------------------------------------------------------------------
 
-------------------------------------------------------------------------
I. Group Upper Mississippi River:
 
*                  *                  *                  *
                  *                  *                  *
II. Group Ohio Valley:
 
*                  *                  *                  *
                  *                  *                  *
III. Group Lower Mississippi River:
 
*                  *                  *                  *
                  *                  *                  *
IV. Group Mobile:
 
*                  *                  *                  *
                  *                  *                  *
                       Annual Labor Day Fireworks
 
Sponsor: City of Destin, FL
Date: 1 Day--Day of or Day before Labor Day
Regulated Area: Destin East Pass between and including buoys 5 to 11,
 Destin, FL
 

[[Page 48017]]

 
*                  *                  *                  *
                  *                  *                  *
                 Independence Day Fireworks, Destin, FL
 
Sponsor: City of Destin, FL
Date: 1 Day--4th of July
Regulated Area: Destin East Pass between and including buoys 5 to 11,
 Destin, FL
 
*                  *                  *                  *
                  *                  *                  *
                 Independence Day Fireworks, Mobile, AL
 
Sponsor: The Mobile Register
Date: 1 Day--4th of July
Regulated Area: From the shore of the east bank out 500 feet into the
 Mobile River between latitudes 30 degrees 41 minutes 20 seconds North
 and 30 degrees 41 minutes 15 seconds North
                   Blue Angels Air Show, Pensacola, FL
 
Sponsor: Naval Air Station Pensacola, FL
Date: 2 Days--2nd weekend in July
Regulated Area: A five nautical mile radius from a center point located
 1,500 feet from the Pensacola Beach water tower in a direction
 perpendicular to the beachfront
 
                    Fort-to-Fort Swim, Pensacola, FL
 
Sponsor: Naval Air Station Pensacola, FL
Date: 1 Day--1st weekend in August
Regulated Area: Fort Pickens pier to Barrancas Beach, crossing the Gulf
 Intracoastal Waterway at statute mile 180 between buoys 13, 14, 15, and
 16
 
               Keesler Air Force Base Air Show, Biloxi, MS
 
Sponsor: Keesler Air Force Base, Biloxi, MS
Date: 2 Days--1st weekend in November
Regulated Area: Bounded by the following coordinates: (1) Latitude 30
 degrees, 24 minutes, 36 seconds North, longitude 088 degrees, 56
 minutes, 00 seconds West; (2) latitude 30 degrees, 25 minutes, 30
 seconds North, longitude 088 degrees, 55 minutes, 20 seconds West; (3)
 latitude 30 degrees, 25 minutes, 10 seconds North, longitude 088
 degrees, 54 minutes, 55 seconds West
 
   Annual Krewe of Billy Bowlegs Pirate Festival, Okaloosa County, FL
 
Sponsor: The Krewe of Billy Bowlegs of Okaloosa County, Inc.
Date: 2 Days--1st weekend in June
Regulated Area: Santa Rosa Sound, east of the Brooks Bridge to Fort
 Walton Yacht Club at Smack Point on the western end of Choctowatchee
 Bay and Cinco Bayou
 
*                  *                  *                  *
                  *                  *                  *
V. Group New Orleans:
 
*                  *                  *                  *
                  *                  *                  *
VI. Group Galveston:
 
                   Neches River Festival, Beaumont, TX
 
Sponsor: Neches River Festival, Inc.
Date: 2 Days--2nd, 3rd, or 4th Weekend in April
Regulated Area: Neches River from Collier's Ferry Landing to Lawson's
 Crossing at the end of Pine St., Beaumont, TX
 
*                  *                  *                  *
                  *                  *                  *
VII. Group Corpus Christi:
 
*                  *                  *                  *
                  *                  *                  *
            East-West Powerboat Shootout, Corpus Christi, TX
 
Sponsor: EM Marketing Company, Inc. and the Corpus Christi Offshore
 Racing Association
Date: 2 Days--1st or 2nd weekend in June
Regulated Area: Bounded by the following coordinates: (1) Latitude 27
 degrees, 49 minutes, 24 seconds North, longitude 097 degrees, 23
 minutes, 00 seconds West; (2) latitude 27 degrees, 49 minutes, 24
 seconds North, longitude 097 degrees, 21 minutes, 22 seconds West; (3)
 latitude 27 degrees, 45 minutes, 00 seconds North, longitude 097
 degrees, 23 minutes, 00 seconds West; (4) latitude 27 degrees, 45
 minutes, 00 seconds North, longitude 097 degrees, 21 minutes, 22
 seconds West
 
VIII. Marine Safety Office Port Arthur:
 
                    Rubber Ducky Derby, Beaumont, TX
Sponsor: C P Rehabilitation Center
Date: 1 Day--2nd, 3rd, or 4th Saturday in April
Regulated Area: All waters of the Neches River, bank to bank, from the
 Trinity Industries Dry Dock to the northeast corner of the Port of
 Beaumont's dock number 5
 
   Port Arthur Fourth of July Firework Demonstration, Port Arthur, TX
 
Sponsor: The City of Port Arthur and Lamar State College
Date: 1 Day--4th of July
Regulated Area: All waters of the Sabine-Neches Canal, bank to bank,
 from Wilson Middle School to the northern terminus of Old Golf Course
 Road
------------------------------------------------------------------------



[[Page 48018]]

    Dated: August 27, 2001.
Roy J. Casto,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 01-22812 Filed 9-14-01; 8:45 am]
BILLING CODE 4910-15-U