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Regattas and Marine Parades
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: January 9, 2001 (Volume 66, Number 6)]
[Rules and Regulations]
[Page 1580-1583]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09ja01-8]
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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withdrawn as of March 12, 2001.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
uscginfoline@tiscom.uscg.mil; 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 cperry@comdt.uscg.mil.
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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