[Federal Register Volume 67, Number 36 (Friday, February 22, 2002)]
[Rules and Regulations]
[Pages 8193-8196]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-4086]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD08-01-012]
RIN 2115-AE46


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

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

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SUMMARY: The Coast Guard is establishing and modifying 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 District in 
conjunction with these marine events.

DATES: This final rule is effective March 25, 2002.

ADDRESSES: Comments and material received from the public, as well as 
documents indicated in this preamble as being available in the docket, 
are part of docket [CGD08-01-012] and are 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

    On September 17, 2001, we published a notice of proposed rulemaking 
(NPRM) entitled ``Marine Events and Regattas; Annual Marine Events in 
the Eighth Coast Guard District'' in the Federal Register. We received 
one e-mail and no letters commenting on the proposed rule. No public 
hearing was requested, and none was held.

Background and Purpose

    The Coast Guard is establishing various annually recurring marine 
events and modifying some of the existing marine event regulations 
throughout the Eighth Coast Guard District. Establishing permanent 
marine event regulations and modifying some of the existing marine 
event regulations by notice and comment rulemaking gave the public an 
opportunity to comment on these proposed regulations. The Coast Guard 
has received no prior notice of any impact caused by the previous 
events. The new or modified marine event regulations are as follows:

Independence Day Fireworks, Mobile, AL

    The regulated area for this event is 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 regulated area for this event is 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 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 regulated area for this event is in the Gulf Intracoastal 
Waterway at Pensacola, Florida 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 regulated area for this event is 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,

[[Page 8194]]

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 regulated area for this event is 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 regulated area for this event is the waters of Corpus Christi 
Bay adjacent to the Corpus Christi downtown 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. 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 regulated area for this event is 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, or 4th Saturday in April.

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

    The regulated area for this event is 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

    The date is amended to read ``two days beginning on the 2nd, 3rd, 
or 4th weekend in April.''

Annual Labor Day Fireworks

    The regulated area is amended to read ``Destin East Pass between 
and including buoys 5 to 11, Destin, FL''.

Independence Day Fireworks, Destin, FL

    The regulated area is amended to read ``Destin East Pass between 
and including buoys 5 to 11, Destin, FL''.

Discussion of Comments and Changes

    We received one e-mail from Marine Safety Office Port Arthur 
notifying us that there was a minor error in the listing for the Rubber 
Ducky Derby. The NPRM stated that the event is to occur on the ``2nd, 
3rd, and 4th Saturday in April.'' The correct language should be ``2nd, 
3rd, or 4th Saturday in April.'' We changed the proposed regulation to 
reflect the correct language. No other comments were received.

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

Federalism

    We have analyzed this 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 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 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 (Pub. L. 104-121), we offered to assist small 
entities in understanding the rule so that they can better evaluate its 
effects on them and participate in the rulemaking.

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 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 E.O. 12630, Governmental Actions and 
Interference with Constitutionally Protected Property Rights.

Civil Justice Reform

    This 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 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.

[[Page 8195]]

Environmental

    We have considered the environmental impact of this rule and 
concluded that, under figure 2-1, paragraph 34(g), of Commandant 
Instruction M16475.1D, this rule is categorically excluded from further 
environmental documentation. This rule fits paragraph 34(g) 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 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 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 amends 
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 
units I through VII, respectively, as set out below;
    b. In newly designated unit IV, revise entries 8. for Independence 
Day Fireworks, Destin, FL, and 16. for Annual Labor Day Fireworks, 
Destin, FL, and add entries 18-22. 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, and as set 
out below;
    c. In newly designated unit VI, revise entry 1. for Neches River 
Festival, Beaumont, TX as set out below;
    d. At the end of newly designated unit VII, add entry 8. for East-
West Powerboat Shootout, Corpus Christi, TX as set out below;
    e. Add new unit VIII Marine Safety Office Port Arthur to include 
the entries Rubber Ducky Derby, Beaumont, TX, and Port Arthur Fourth of 
July Firework Demonstration, Port Arthur, TX as set out below.
    The revisions and additions read as follows:


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

* * * * *

8. 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.
* * * * *

16. 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.
* * * * *

18. 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.

19. 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.

20. 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.

21. 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.

22. 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

1. 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

* * * * *

[[Page 8196]]

8. 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

1. 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.

2. 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.

    Dated: February 7, 2002.
Roy J. Casto,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 02-4086 Filed 2-21-02; 8:45 am]
BILLING CODE 4910-15-U