[Federal Register Volume 79, Number 39 (Thursday, February 27, 2014)]
[Proposed Rules]
[Pages 11051-11052]
[FR Doc No: 2014-04008]

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DEPARTMENT OF TRANSPORTATION

Office of the Secretary of Transportation

14 CFR Chapters I, II, III

23 CFR Chapters I, II, III

46 CFR Chapter II

48 CFR Chapter 12

49 CFR Chapters I, II, III, V, VI, VII, VIII, X, XI

[Docket No. DOT-OST-2014-0024]

Next Phase of the Regulatory Review of Existing DOT Regulations

AGENCY: Office of the Secretary of Transportation (OST), DOT.

ACTION: Notice and request for comments.

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SUMMARY: In accordance with Executive Order 13563, ``Improving
Regulation and Regulatory Review,'' the Department of Transportation
(Department, DOT, or we) is conducting a review of its existing
regulations to evaluate their continued validity and determine whether
they are crafted effectively to solve current problems. On February 16,
2011, the Department began a process to review existing regulations,
which included a public meeting and various other opportunities to
solicit public comments. That process resulted in a Plan for
Implementation of Executive Order 13563 that was released in August
2011. Additionally, the Department has regularly updated the list of
regulations that are under review or further study and provided updates
on timing of the review. The latest update was released in January 2014
and can be found at http://www.reginfo.gov. (See Appendix D of the
Department's semi-annual Regulatory Agenda.) In continuing this effort,
the Department again invites the public to comment on the next phase of
its retrospective regulatory review process.

DATES: Comments should be received on or before March 31, 2014. Late-
filed comments will be considered to the extent practicable.

ADDRESSES: You may submit comments to Docket No. DOT-OST-2014-0024 by
any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov and follow the instructions for sending your
comments electronically.
     Mail: Docket Management Facility; U.S. Department of
Transportation, 1200 New Jersey Avenue SE., Washington, DC 20590-0001.
If you submit comments by mail and would like to know that they reached
the facility, please enclose a stamped, self-addressed envelope or
postcard.
     Hand Delivery or Courier: West Building, Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC between 9 a.m.
and 5 p.m. ET., Monday through Friday, except Federal holidays.
     Fax:<PHONE_NUMBER>.

To avoid duplication, please use only one of these four methods. All
comments received will be posted without change to http://www.regulations.gov and will include any personal information you
provide.
    Docket: To read background documents or comments received, go to
http://www.regulations.gov and click on the ``read comments'' box in
the upper right-hand side of the screen. Then, in the ``Keyword'' box
insert ``DOT-OST-2014-0024'' and click ``Search.'' Next, click the
``Open Docket Folder'' in the ``Actions'' column. Finally, in the
``Title'' column, click on the document you would like to review. If
you do not have access to the Internet, you may view the docket online
by visiting the Docket Management Facility in Room W12-140 on the
ground floor of the DOT West Building, 1200 New Jersey Avenue SE.,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Kathryn Sinniger, Assistant General
Counsel for Regulation and Enforcement, Department of Transportation,
1200 New Jersey Avenue SE., Washington, DC 20590;<PHONE_NUMBER>.
Email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Executive Order 13563

    On January 18, 2011, President Obama issued Executive Order 13563,
which outlined a plan to improve regulation and regulatory review (76
FR 3821, Jan. 21, 2011). Executive Order 13563 reaffirms and builds
upon governing principles of contemporary regulatory review, including
Executive Order 12866, ``Regulatory Planning and Review'' (58 FR 51735,
Oct. 4, 1993), by requiring Federal agencies to design cost-effective,
evidence-based regulations that are compatible with economic growth,
job creation, and competitiveness. The President's plan recognizes that
these principles should guide the Federal government's approach not
only to new regulation, but to existing ones as well. To that end,
Executive Order 13563 requires agencies to review existing rules to
determine if they are outmoded, ineffective, insufficient, or
excessively burdensome.
    To facilitate this review, Executive Order 13563 requires each
agency to develop and submit to the Office of Management and Budget's
Office of Information and Regulatory Affairs a preliminary plan for
retrospectively analyzing existing rules. The Department complied with
this requirement with the release of a Plan for Implementation of
Executive Order 13563, available on the Department's Web site for
regulations at http://www.dot.gov/regulations. As Executive Order 13563
reaffirms, the regulatory process must be transparent and provide
opportunities for public participation. The Department particularly
believes, given its broad regulatory responsibility, this participation
should extend to the Department's obligations under the Executive Order
to continue the retrospective review of existing regulations. Continued
meaningful review requires continued input from those affected by the
Department's regulations.

DOT's Regulatory Responsibility

    The mission of the Department is to serve the United States by
ensuring a safe, fast, efficient, accessible, and convenient
transportation system that meets our vital national interests and
enhances the quality of life of the American people, today and into the
future. The Department carries out its mission through the Office of
the Secretary (OST) and the following operating administrations (OAs):
Federal Aviation Administration (FAA); Federal Highway Administration
(FHWA); Federal Motor Carrier Safety Administration (FMCSA); Federal
Railroad Administration (FRA); Federal Transit Administration (FTA);
Maritime Administration (MARAD); National Highway Traffic Safety
Administration (NHTSA); Pipeline and Hazardous Materials Safety
Administration (PHMSA); and St. Lawrence Seaway Development Corporation
(SLSDC). Although the Surface Transportation Board (STB) is a component
of DOT, it is organizationally independent and, as a result, the
Department does not have responsibility for the STB's regulatory
agenda.
    DOT has statutory responsibility for a wide range of regulations.
For example, DOT regulates safety issues in the aviation, motor
carrier, railroad, motor vehicle, commercial space, and pipeline
transportation areas. DOT regulates aviation consumer and economic
issues, and provides financial assistance and

writes the necessary implementing rules for programs involving
highways, airports, mass transit, the maritime industry, railroads, and
motor transportation and vehicle safety. DOT writes regulations
carrying out such disparate statutes as the Americans with Disabilities
Act and the Uniform Time Act. Finally, DOT has responsibility for
developing policies that implement a wide range of regulations that
govern programs such as acquisition and grants management, access for
people with disabilities, environmental protection, energy
conservation, information technology, occupational safety and health,
property asset management, seismic safety, security, and the use of
aircraft and vehicles.

DOT's Existing Process for Reviewing Rules

    The Department has long recognized that there should be no more
regulations than necessary and those that are issued should be simple,
comprehensible, and impose only as much burden as is necessary.
Likewise, the Department understands that review and revision of
existing regulations is essential to ensure that they continue to meet
the needs for which they originally were designed and that they remain
cost-effective and cost justified. The Department regularly makes a
conscientious effort to review its rules in accordance with the
Department's 1979 Regulatory Policies and Procedures (44 FR 11034, Feb.
26, 1979), Executive Order 12866, and section 610 of the Regulatory
Flexibility Act, 5 U.S.C. 610.
    In 2011, in response to Executive Order 13563, the Department
decided to improve its plan by adding special oversight processes
within the Department; encouraging effective and timely reviews,
including providing additional guidance on particular problems that
warrant review; and expanding opportunities for public participation.
The Department merged the results of the retrospective review of
existing rules that was initially conducted pursuant to Executive Order
13563 and the other special reviews that were to be conducted, into a
10-year review plan to provide a simpler resource for the public and a
more effective tool for oversight and management of the Department's
retrospective reviews of rules.
    The Department's 2011 final plan listed 79 existing rules for which
the Department had already undertaken or proposed actions that promise
significant savings in terms of money and burden hours. In addition,
the Department identified 56 other rules with potential savings, and we
committed to further study of public commenter recommendations further
before deciding on the appropriate action. You can find this list of
rules as Attachment 2 to our 2011 final plan, located at http://www.dot.gov/regulations/retrospective-review-and-analysis-existing-rules.

Public Participation and Request for Comments

    DOT is an active regulatory agency with broad regulatory
responsibilities, thus a robust regulatory program is essential to our
mission. For this reason, it is all the more important that we maintain
a consistent culture of retrospective review and analysis. We have
determined that it is time to begin a second round of retrospective
review, even as the first round of reviews begun under Executive Order
13563 are being completed.
    Unlike the first round of retrospective review under Executive
Order 13563, where the Department solicited suggestions for specific
rules that should be on the list of candidate rules for review, the
Department is looking for your suggestions on how this round should be
managed and your reasons for your suggestions.
    1. Should DOT simply publish a notice in the Federal Register
asking for suggestions for specific existing rules to be reviewed, as
we did during the initial round?
    2. Should DOT focus on the 56 rules identified in the 2011 plan as
having potential savings? Or are there any particular rules from that
list that should be?
    3. Should DOT publish a notice and request for comment in the
Federal Register--
    a. Focusing instead on the existing regulations of one or more
specific OAs? If so, which OA(s) and why?
    b. Focusing instead on one or more cross-cutting issues such as
access rules or drug and alcohol testing? If so, which cross-cutting
issues and why?
    c. Focus on a combination of one or more specific OA(s) and
specific cross-cutting issue(s)? If so, which and why?
    4. One other idea would be to hold a series of listening sessions
announced in the Federal Register, each one tailored to a specific OA
or cross-cutting issue. Ideas developed at these sessions could be
developed at additional public workshops (e.g., if the OA has an
authorized advisory committee (such as FRA's Railroad Safety Advisory
Committee chartered under the Federal Advisory Committee Act), at
workshops under the auspices of that advisory committee), and/or
through publication of a notice and request for comment in the Federal
Register, before the idea is included in a DOT draft preliminary
retrospective review plan with a request for comment. We would like
your thoughts on whether this idea is preferable, and if so how much
time should be allowed for each stage (listening sessions, additional
public workshops, and/or publication of a notice and request for
comment on the suggestions for retrospective review). Please send
suggestions as to which OAs and/or cross-cutting issues could benefit
from this more in-depth retrospective review, including your rationale.
    5. We also seek other alternatives for how to implement this second
round of retrospective review and your reason for supporting the
alternative(s).

Regulatory Notices

    Privacy Act: Anyone may search the electronic form of comments
received into any of our dockets by the name of the individual
submitting the comment (or signing the comment, if submitted on behalf
of an association, business, labor union, etc.) You may review DOT's
complete Privacy Act Statement in the Federal Register published on
April 11, 2000 (65 FR 19477-78), or you may visit http://www.gpoaccess.gov/fr/browse.html and browse under 2000 for April 11,
looking under the heading ``Department of Transportation.''

    Authority:  5 U.S.C. 610; E.O. 13563, 76 FR 3821, Jan. 21, 2011;
E.O. 12866, 58 FR 51735, Oct. 4, 1993.

    Issued on February 19, 2014, in Washington, DC.
Kathryn B. Thomson,
Acting General Counsel.
[FR Doc. 2014-04008 Filed 2-26-14; 8:45 am]
BILLING CODE 4910-9X-P


[Federal Register Volume 87, Number 154 (Thursday, August 11, 2022)]
[Rules and Regulations]
[Pages 49522-49523]
[FR Doc No: 2022-17285]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG-2022-0645]

Special Local Regulation; Olympia Harbor Days Tug Boat Races,
Budd Inlet, WA

AGENCY: Coast Guard, DHS.

ACTION: Notification of enforcement of regulation.

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SUMMARY: The Coast Guard will enforce special local regulations for the
Olympia Harbor Days Tug Boat Races, Budd, Inlet, WA, from 11 a.m. until
4 p.m. on September 3, 2022. This action is necessary to limit vessel
movement within the specified race area immediately prior to, during,
and immediately after racing activity in order to ensure the safety of
participants, spectators, and the maritime public. During the
enforcement periods, the operator of any vessel in the regulated area
must comply with directions from the Patrol Commander or any Official
Patrol displaying a Coast Guard ensign.

DATES: The regulations in 33 CFR 100.1309 will be enforced from 11 a.m.
until 4 p.m. on September 3, 2022.

FOR FURTHER INFORMATION CONTACT: If you have questions about this
notice of enforcement, call or email Lieutenant Peter McAndrew, Sector
Puget Sound Waterways Management Division, U.S. Coast Guard; telephone
206-217-6051, email [email protected].

SUPPLEMENTARY INFORMATION: The Coast Guard will enforce special local
regulations for the Olympia Harbor Days Tug Boat Races, Budd Inlet, WA
regulated area detailed in 33 CFR 100.1309(a), which encompasses
approximately 2 nautical miles of the navigable waters in Budd Inlet
south of Big Tykle Cove to west of Priest Point.
    Under the provisions of 33 CFR 100.1309, the regulated area shall
be closed immediately prior to, during, and immediately after the event
to all persons and vessels not participating in the event and
authorized by the event sponsor. This action is necessary to ensure the
safety of participants, spectators, and the maritime public. During the
enforcement periods, if you are the operator of a vessel in the
regulated area you must comply with directions from the Patrol
Commander or any Official Patrol displaying a Coast Guard ensign. All
persons or vessels who desire to enter the race area while it is
enforced must obtain permission from the on-scene patrol craft on VHF-
FM channel 13.
    In addition to this notice of enforcement in the Federal Register,
the Coast Guard will provide notification of this enforcement period
via the Local Notice to Mariners. If the Captain of the Port determines
that the regulated area need not be enforced for the full duration
stated in this notice, he may use a Broadcast Notice to Mariners to

grant general permission to enter the regulated area.

    Dated: August 5, 2022.
P.M. Hilbert,
Captain, U.S. Coast Guard, Captain of the Port, Sector Puget Sound.
[FR Doc. 2022-17285 Filed 8-10-22; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 76, Number 166 (Friday, August 26, 2011)]
[Rules and Regulations]
[Pages 53329-53337]
[FR Doc No: 2011-21865]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG-2009-0558]
RIN 1625-AA08

Eleventh Coast Guard District Annual Marine Events

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is updating and consolidating the list of
marine events occurring annually within the Eleventh Coast Guard
District. These amendments standardize the special local regulations
language, update listed events, delete events that are no longer
occurring, add new unlisted annual events to the regulation, and
standardize the format for all tables in these four sections. When
these special local regulations are activated, and thus subject to
enforcement, this rule would enable vessel movement restrictions in the
regulated area.

DATES: This rule is effective September 26, 2011.

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 USCG-2009-0558 and are available online by going to
http://www.regulations.gov, inserting USCG-2009-0558 in the ``Keyword''
box, and then clicking ``Search.'' This material is also available for
inspection or copying at the Docket Management Facility (M-30), U.S.
Department of Transportation, West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or e-mail Lieutenant Lucas Mancini, Eleventh Coast Guard District
Prevention Division, Waterways Management Branch, Coast Guard;
telephone<PHONE_NUMBER>, e-mail<EMAIL_ADDRESS>If you have
questions on viewing or submitting material to the docket, call Renee
V. Wright, Program Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    On February 9th, 2011, we published a notice of proposed rulemaking
(NPRM) entitled Eleventh Coast Guard

District Annual Marine Events in the Federal Register (76 FR 27). On
May 26, 2011, we published a supplemental notice of proposed rulemaking
(SNPRM) of the same title to add clarifying language and change two
event dates in the proposed rule (76 FR 30575). We received no comments
on either the NPRM or the SNPRM or a request for public meeting. A
public meeting was not held.

Background and Purpose

    Marine events are annually held on a recurring basis on the
navigable waters within the Eleventh Coast Guard District. These events
include sailing regattas, powerboat races, rowboat races, parades, and
swim events. Many of the annual events requiring special local
regulations do not currently reflect changes in actual dates and other
required information.
    The effects of these special local regulations are to restrict
general navigation in the vicinity of the events, from the start of
each event until the conclusion of that event. These areas will be
patrolled at the discretion of the Coast Guard. Except for persons or
vessels authorized by the Coast Guard Patrol Commander, no person or
vessel may enter or remain in the regulated area. These regulations are
needed to keep spectators and vessels a safe distance away from the
specified events to ensure the safety of participants, spectators, and
transiting vessels.

Discussion of Rule

    The Coast Guard is revising 33 CFR 100.1101, 100.1102, 100.1103,
and adding 33 CFR 100.1104. The changes effectively update the outdated
special local regulations. The amendments and addition address minor
corrections required in the regulatory text.
    The Coast Guard is amending 33 CFR 100.1101, 1101.1102, and
100.1103 by replacing paragraphs a and b of each section to conform to
a uniform regulatory text for these sections of 33 CFR part 100 that
govern annual marine events within the Eleventh Coast Guard District.
Table 1 for each of the listed sections is being updated as follows:
existing events that continue to occur are being updated with current
information, previously unlisted events are being added, and listed
events that the Coast Guard has been unable to verify as continuing are
being deleted. The addition of a 33 CFR 100.1104 is needed to ease
administrative burden on the event sponsors and the public by adding a
specific section for annual marine events requiring special local
regulations in the Los Angeles Long Beach Captain of the Port Zone.
    This rule will revise the text of 33 CFR 100.1101(b)(3) and
100.1102(b)(3) to delete reference to the Patrol Commander (PATCOM)
being located on the lead official patrol vessel. Often the PATCOM is
located shoreside in a location that offers a better vantage point to
monitor the event. The location of the PATCOM may also be dictated by
radio communication requirements, or a need to be co-located with local
law enforcement representatives.
    Additionally, the Coast Guard will delete the limiting descriptor
``commercial'' in 33 CFR 100.1101(b)(4) and 100.1102(b)(4), as applied
to vessels being allowed to transit through the regulated areas when
permitted by PATCOM. Often the PATCOM will allow all queued vessels to
transit through a zone; for example during a long break in a race.
Commercial vessels are normally given preference, but we do sometimes
allow recreational vessels to move.
    The Coast Guard will change the dates for events listed as
occurring in ``late December'' to ``December.'' 33 CFR 100.1101, Table
1, item 5, the San Diego Parade of Lights, and item 6, the Mission Bay
Parade of Lights are listed as occurring in late December. For
administrative efficiency and to avoid potential problems, the Coast
Guard is deleting ``late'' to allow for required flexibility in
activating the special local regulations.
    Finally, the title of 33 CFR 100.1102 will be revised to clearly
indicate the special local regulations that are located in the San
Diego Captain of the Port Zone.

Regulatory Analyses

    We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders.
    We expect the economic impact of this rule to be so minimal that a
full Regulatory Evaluation is unnecessary. This rule is not a
significant regulatory action because the regulations exist for a
limited period of time on a limited portion of the waterways.
Furthermore, individuals and vessels desiring to use the affected
portion of the waterways may seek permission from the Patrol Commander
to use the affected areas.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
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
would not have a significant economic impact on a substantial number of
small entities.
    We expect this rule will affect the following entities, some of
which may be small entities: The owners and operators of vessels
intending to fish, transit, or anchor in the waters affected by these
special local regulations. These special local regulations will not
have a significant economic impact on a substantial number of small
entities for the following reasons: Small vessel traffic will be able
to pass safely around the area and vessels engaged in event activities,
sightseeing and commercial fishing have ample space outside of the area
governed by the special local regulations to engage in these
activities. Small entities and the maritime public will be advised of
implementation of these special local regulations via public notice to
mariners or notice of implementation published in the Federal Register.
    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 rule so that they can better evaluate
its effects on 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 Lucas Mancini, Eleventh Coast
Guard District Prevention Division, Waterways Management Branch, Coast
Guard; telephone<PHONE_NUMBER>, e-mail<EMAIL_ADDRESS>The
Coast Guard will not retaliate against small entities that question or
complain about this rule or any policy or action of the Coast Guard.

Collection of Information

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

Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.

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 (adjusted for
inflation) or more in any one year. Though this 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 rule would not cause 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 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 rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and would not create an
environmental risk to health or risk to safety that might
disproportionately affect children.

Indian Tribal Governments

    This rule does not have Tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it would 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 that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
    This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.

Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
this action is one of a category of actions that do not individually or
cumulatively have a significant effect on the human environment. This
rule is categorically excluded, under figure 2-1, paragraph 34(h), of
the Instruction. An environmental analysis checklist and a categorical
exclusion determination are 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.

Words of Issuance and Regulatory Text

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

PART 100--MARINE EVENTS

0
1. The authority citation for part 100 continues to read as follows:

    Authority: 33 U.S.C. 1233.

0
2. Revise Sec.  100.1101 to read as follows:

Sec.  100.1101  Southern California annual marine events for the San
Diego Captain of the Port Zone.

    (a) General. Special local regulations are established for the
events listed in Table 1 of this section. Notice of implementation of
these special local regulations will be made by publication in the
Federal Register 30 days prior to the event for those events without
specific dates. In all cases, further information on exact dates,
times, and other details concerning the number and type of participants
and an exact geographical description of the areas are published by the
Eleventh Coast Guard District in the Local Notice to Mariners at least
20 days prior to each event. Note: Sponsors of events listed in Table 1
of this section must submit an application each year as required by 33
CFR Part 100 to the cognizant Coast Guard Sector Commander no less than
60 days before the start of the proposed event. Sponsors are informed
that ample lead time is required to inform all Federal, state, local
agencies, and/or other interested parties and to provide the sponsor
the best support to ensure the safety of life and property.
    (b) Special local regulations. All persons and vessels not
registered with the sponsor as participants or as official patrol
vessels are considered spectators. The ``official patrol'' consists of
any Coast Guard or other vessels assigned or approved by the cognizant
Coast Guard Sector Commander to patrol each event.
    (1) No spectator shall anchor, block, loiter, nor impede the
through transit of participants or official patrol vessels in the
regulated areas during all applicable effective dates and times unless
cleared

to do so by or through an official patrol vessel.
    (2) When hailed and/or signaled by an official patrol vessel, any
spectator located within a regulated area during all applicable
effective dates and times shall come to an immediate stop.
    (3) The Patrol Commander (PATCOM) is empowered to forbid and
control the movement of all vessels in the regulated area. The Patrol
Commander shall be designated by the cognizant Coast Guard Sector
Commander; will be a U.S. Coast Guard commissioned officer, warrant
officer, or petty officer to act as the Sector Commander's official
representative. As the Sector Commander's representative, the PATCOM
may terminate the event any time it is deemed necessary for the
protection of life and property. PATCOM may be reached on VHF-FM
Channel 13 (156.65 MHz) or 16 (156.8 MHz) when required, by the call
sign ``PATCOM''.
    (4) The Patrol Commander may, upon request, allow the transit of
vessels through regulated areas when it is safe to do so.
    (5) The Coast Guard may be assisted by other Federal, state, or
local agencies.

                       Table 1 to Sec.   100.1101
              [All coordinates referenced use datum NAD 83]
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                        1. San Diego Fall Classic
------------------------------------------------------------------------
Sponsor......................  San Diego Rowing Club.
Event Description............  Competitive rowing race.
Date.........................  Sunday in November
Location.....................  Mission Bay, CA.
Regulated Area...............  The waters of Mission Bay to include
                                South Pacific Passage, Fiesta Bay, and
                                the waters around Vacation Isle.
------------------------------------------------------------------------
                  2. California Half Ironman Triathlon
------------------------------------------------------------------------
Sponsor......................  North America Sport, Inc.
Event Description............  Swimming Portion of Triathlon Race.
Date.........................  Saturday in late March or early April.
Location.....................  Oceanside, CA.
Regulated Area...............  The waters of Oceanside Harbor, CA,
                                including the entrance channel.
------------------------------------------------------------------------
                        3. San Diego Crew Classic
------------------------------------------------------------------------
Sponsor......................  San Diego Crew Classic.
Event Description............  Competitive rowing race.
Date.........................  First Saturday and Sunday in April.
Location.....................  The Mission Bay Park area of San Diego,
                                CA.
Regulated Area...............  Mission Bay, the portion known as Fiesta
                                Bay.
------------------------------------------------------------------------
                          4. Dutch Shoe Regatta
------------------------------------------------------------------------
Sponsor......................  San Diego Yacht Club.
Event Description............  Sailboat Race.
Date.........................  Friday in late July.
Location.....................  San Diego, CA.
Regulated Area...............  The waters of San Diego Bay, CA, from
                                Shelter Island to Glorietta Bay.
------------------------------------------------------------------------
                      5. San Diego Parade of Lights
------------------------------------------------------------------------
Sponsor......................  Greater Shelter Island Association.
Event Description............  Boat Parade.
Date.........................  December.
Location.....................  San Diego Harbor.
Regulated Area...............  The northern portion of the San Diego
                                Main Ship Channel from Seaport Village
                                to the Shelter Island Basin.
------------------------------------------------------------------------
                     6. Mission Bay Parade of Lights
------------------------------------------------------------------------
Sponsor......................  Mission Bay Yacht Club.
Event Description............  Boat Parade.
Date.........................  December.
Location.....................  San Diego, CA.
Regulated Area...............  Mission Bay, the Main Entrance Channel,
                                Sail Bay, and Fiesta Bay.
------------------------------------------------------------------------

0
3. Revise Sec.  100.1102 to read as follows:

Sec.  100.1102  Annual marine events on the Colorado River, between
Davis Dam (Bullhead City, Arizona) and Headgate Dam (Parker, Arizona)
within the San Diego Captain of the Port Zone.

    (a) General. Special local regulations are established for the
events listed in Table 1 of this section. Notice of implementation of
these special local regulations will be made by publication in the
Federal Register 30 days prior to the event for those events without
specific dates or by Notice to Mariners 20 Days prior to the event for
those

events listing a period for which a firm date is identifiable. In all
cases, further information on exact dates, times, and other details
concerning the number and type of participants and an exact
geographical description of the areas are published by the Eleventh
Coast Guard District in the Local Notice to Mariners at least 20 days
prior to each event. To be placed on the mailing list for Local Notice
to Mariners contact: Commander (dpw), Eleventh Coast Guard District,
Coast Guard Island, Building 50-2, Alameda, CA 94501-5100. Note:
Sponsors of events listed in Table 1 of this section must submit an
application each year as required by 33 CFR part 100, subpart A, to the
cognizant Coast Guard Sector Commander. Sponsors are informed that
ample lead time is required to inform all Federal, state, local
agencies, and/or other interested parties and to provide the sponsor
the best support to ensure the safety of life and property. A Coast
Guard-National Park Service agreement exists for both the Glen Canyon
and Lake Mead National Recreational Areas; applicants shall contact the
cognizant authority for approval of events in these areas.
    (b) Special local regulations. All persons and vessels not
registered with the sponsor as participants or as official patrol
vessels are considered spectators. The ``official patrol'' consists of
any Coast Guard, other Federal, state or local law enforcement, and any
public or sponsor-provided vessels assigned or approved by the
cognizant Coast Guard Sector Commander to patrol each event.
    (1) No spectator shall anchor, block, loiter, nor impede the
through transit of participants or official patrol vessels in the
regulated areas during all applicable effective dates and times unless
cleared to do so by or through an official patrol vessel.
    (2) When hailed and/or signaled by an official patrol vessel, any
spectator located within a regulated area during all applicable
effective dates and times shall come to an immediate stop.
    (3) The Patrol Commander (PATCOM) is empowered to forbid and
control the movement of all vessels in the regulated area. The Patrol
Commander shall be designated by the cognizant Coast Guard Sector
Commander; will be a U.S. Coast Guard commissioned officer, warrant
officer, or petty officer to act as the Sector Commander's official
representative. As the Sector Commander's representative, the PATCOM
may terminate the event any time it is deemed necessary for the
protection of life and property. PATCOM may be reached on VHF-FM
Channel 13 (156.65MHz) or 16 (156.8MHz) when required, by the call sign
``PATCOM''.
    (4) The Patrol Commander may, upon request, allow the transit of
vessels through regulated areas when it is safe to do so.
    (5) The Coast Guard may be assisted by other Federal, state, or
local agencies.

                       Table 1 to Sec.   100.1102
              [All coordinates referenced use datum NAD 83]
------------------------------------------------------------------------

------------------------------------------------------------------------
                1. Lake Havasu Winter Heat Water-Ski Race
------------------------------------------------------------------------
Sponsor......................  National Water-ski Racing Association.
Event Description............  Water-ski races.
Date.........................  Saturday and Sunday in February.
Location.....................  Lake Havasu, AZ.
Regulated Area...............  That portion of the lower Colorado River
                                on the Arizona side between Thompson Bay
                                and Copper Canyon.
------------------------------------------------------------------------
                        2. Havasu Landing Regatta
------------------------------------------------------------------------
Sponsor......................  Southern Outboard Association.
Event Description............  Boat Races on closed course.
Date.........................  Saturday and Sunday in February.
Location.....................  Havasu Lake, CA.
Regulated Area...............  That portion of the lower Colorado River
                                on the California side at Havasu Landing
                                Resort and Casino.
------------------------------------------------------------------------
                 3. Parker International Water-ski Race
------------------------------------------------------------------------
Sponsor......................  International Water-ski Race Association.
Event Description............  Water-ski Show.
Date.........................  Second Saturday and Sunday in March.
Location.....................  Parker, AZ.
Regulated Area...............  The entire water area of the Colorado
                                River beginning at Bluewater Marina in
                                Parker, AZ, and extending approximately
                                10 miles to La Paz County Park.
------------------------------------------------------------------------
                             4. Desert Storm
------------------------------------------------------------------------
Sponsor......................  Lake Racer LLC.
Event Description............  Boat Poker Run and Exhibition Runs.
Date.........................  April weekend (3 day event).
Location.....................  Lake Havasu, AZ.
Regulated Area...............  The waters of the lower Colorado River
                                encompassed by the following boundaries:
                               Boundary one from 34[deg]27'44'' N,
                                114[deg]20'53'' W to 34[deg]27'51'' N,
                                114[deg]20'43'' W.
                               Boundary two from 34[deg]26'50'' N,
                                114[deg]20'41'' W to 34[deg]27'14'' N,
                                114[deg]20'55'' W.
                               Boundary three from 34[deg]26'10'' N,
                                114[deg]18'40'' W to 34[deg]25'50'' N,
                                114[deg]18'52'' W.
------------------------------------------------------------------------
                        5. Lake Havasu Grand Prix
------------------------------------------------------------------------
Sponsor......................  POPRA.
Event Description............  Boat Races on closed course.
Date.........................  April weekend (2 day event).

Location.....................  Lake Havasu, AZ.
Regulated Area...............  The waters of the lower Colorado River
                                encompassed by the following boundaries:
                               Boundary one from 34[deg]27'44'' N,
                                114[deg]20'53'' W to 34[deg]27'51'' N,
                                114[deg]20'43'' W.
                               Boundary two from 34[deg]26'50'' N,
                                114[deg]20'41'' W to 34[deg]27'14'' N,
                                114[deg]20'55'' W.
                               Boundary three from 34[deg]26'10'' N,
                                114[deg]18'40'' W to 34[deg]25'50'' N,
                                114[deg]18'52'' W.
------------------------------------------------------------------------
              6. Bluewater Resort and Casino Spring Classic
------------------------------------------------------------------------
Sponsor......................  Southern California Speedboat Club.
Event Description............  Professional High-speed powerboat race,
                                closed course.
Date.........................  Saturday and Sunday in April.
Location.....................  Parker, AZ.
Regulated Area...............  The Lake Moovalya area of the Colorado
                                River in Parker, AZ.
------------------------------------------------------------------------
                          7. IJSBA World Finals
------------------------------------------------------------------------
Sponsor......................  International Jet Sports Boating
                                Association.
Event Description............  Personal Watercraft Race.
Date.........................  Second Saturday through third Sunday of
                                October (10 Days).
Location.....................  Lake Havasu City, AZ.
Regulated Area...............  The navigable waters of Lake Havasu, AZ
                                in the area known as Crazy Horse
                                Campgrounds.
------------------------------------------------------------------------
                            8. Parker Enduro
------------------------------------------------------------------------
Sponsor......................  Parker Area Chamber of Commerce.
Event Description............  Hydroplane, flatbottom, tunnel, and v-
                                bottom powerboat race.
Date.........................  Late October.
Location.....................  Parker, AZ.
Regulated Area...............  Between river miles 179 and 185 (between
                                the Roadrunner Resort and Headgate Dam).
------------------------------------------------------------------------
           9. Bluewater Resort and Casino Thanksgiving Regatta
------------------------------------------------------------------------
Sponsor......................  Southern California Speedboat Club.
Event Description............  Boat Races.
Date.........................  Thursday, Friday, Saturday, and Sunday
                                during Thanksgiving week.
Location.....................  Parker, AZ.
Regulated Area...............  That portion of Lake Moovalya, Parker, AZ
                                between the northern and southern
                                boundaries of La Paz County Park.
------------------------------------------------------------------------
               10. Lake Havasu City Boat Parade of Lights
------------------------------------------------------------------------
Sponsor......................  London Bridge Yacht Club.
Event Description............  Boat parade during which vessels pass by
                                a pre-designated vessel and then transit
                                through the London Bridge Channel.
Date.........................  First Saturday and Sunday in December.
Location.....................  Lake Havasu, AZ.
Regulated Area...............  The limits of this temporary safety zone
                                consists of the navigable waters of
                                North Lake Havasu, London Bridge Channel
                                and Thompson Bay.
------------------------------------------------------------------------

0
4. Revise Sec.  100.1103 to read as follows:

Sec.  100.1103  Northern California and Lake Tahoe area annual marine
events.

    (a) General. Special local regulations are established for the
events listed in Table 1 of this section. Notice of implementation of
these special local regulations will be made by publication in the
Federal Register 30 days prior to the event for those events without
specific dates or by Notice to Mariners 20 Days prior to the event for
those events listing a period for which a firm date is identifiable. In
all cases, further information on exact dates, times, and other details
concerning the number and type of participants and an exact
geographical description of the areas are published by the Eleventh
Coast Guard District in the Local Notice to Mariners at least 20 days
prior to each event. To be placed on the mailing list for Local Notice
to Mariners contact: Commander (dpw), Eleventh Coast Guard District,
Coast Guard Island, Building 50-2, Alameda, CA 94501-5100. Note:
Sponsors of events listed in Table 1 of this section must submit an
application each year as required by 33 CFR part 100, subpart A, to the
cognizant Coast Guard Sector Commander. Sponsors are informed that
ample lead time is required to inform all Federal, state, local
agencies, and/or other interested parties and to provide the sponsor
the best support to ensure the safety of life and property.
    (b) Special local regulations. All persons and vessels not
registered with the sponsor as participants or as official patrol
vessels are considered spectators. The ``official patrol'' consists of
any Coast Guard; other Federal, state, or local law enforcement; and
any public or sponsor-provided vessels assigned or approved by the
cognizant Coast Guard Sector Commander to patrol each event.
    (1) No spectator shall anchor, block, loiter, nor impede the
through transit of participants or official patrol vessels in the
regulated areas during all applicable effective dates and times unless
cleared to do so by or through an official patrol vessel.
    (2) When hailed and/or signaled by an official patrol vessel, any
spectator located within a regulated area during

all applicable effective dates and times shall come to an immediate
stop.
    (3) The Patrol Commander (PATCOM) is empowered to forbid and
control the movement of all vessels in the regulated area. The Patrol
Commander shall be designated by the cognizant Coast Guard Sector
Commander; will be a U.S. Coast Guard commissioned officer, warrant
officer, or petty officer to act as the Sector Commander's official
representative; and will be located aboard the lead official patrol
vessel. As the Sector Commander's representative, the PATCOM may
terminate the event any time it is deemed necessary for the protection
of life and property. PATCOM may be reached on VHF-FM Channel 13
(156.65MHz) or 16 (156.8MHz) when required, by the call sign
``PATCOM''.
    (4) The Patrol Commander may, upon request, allow the transit of
commercial vessels through regulated areas when it is safe to do so.
    (5) The Coast Guard may be assisted by other Federal, state, or
local agencies.

                       Table 1 to Sec.   100.1103
              [All coordinates referenced use datum NAD 83]
------------------------------------------------------------------------

------------------------------------------------------------------------
                    1. Redwood Heron Sprints Regatta
------------------------------------------------------------------------
Sponsor......................  Humboldt State University Athletic
                                Department.
Event Description............  Sport rowing shells.
Date.........................  Third Sunday in April.
Location.....................  Eureka Inner Reach Channel.
Regulated Area...............  The navigable waters within an area
                                bounded by a line starting
                                40[deg]48'16'' N, 124[deg]10'28'' W;
                                thence to 40[deg]48'21'' N,
                                124[deg]10'28'' W; thence to
                                40[deg]48'35'' N, 124[deg]09'17'' W;
                                thence to 40[deg]48'30'' N,
                                124[deg]09'17'' W; thence returning to
                                the point of origin.
------------------------------------------------------------------------
                     2. Stockton Asparagus Festival
------------------------------------------------------------------------
Sponsor......................  City of Stockton.
Event Description............  Pier side Event.
Date.........................  Last Friday, Saturday and Sunday in
                                April.
Location.....................  McLeod Lake, Stockton, CA.
Regulated Area...............  Starting at the Port of Stockton and
                                extending east to McLeod Lake; beginning
                                at latitude 37[deg]57'06'' N and
                                longitude 121[deg]19'35'' W; then
                                northerly to latitude 37[deg]57'10'' N
                                and longitude 121[deg]19'36'' W; then
                                north-northeasterly to latitude
                                37[deg]57'24'' N and longitude
                                121[deg]17'35'' W; then south-
                                southwesterly to latitude 37[deg]57'15''
                                N and longitude 121[deg]17'41'' W; then
                                south-southeasterly to latitude
                                37[deg]57'14'' N and longitude
                                121[deg]17'31'' W; and then back to the
                                beginning point.
------------------------------------------------------------------------
                        3. Blessing of the Fleet
------------------------------------------------------------------------
Sponsor......................  Corinthian Yacht Club.
Event Description............  Boat parade during which vessels pass by
                                a pre-designated platform or vessel.
Date.........................  Last Sunday in April.
Location.....................  San Francisco Waterfront to South Tower
                                of Golden Gate Bridge.
Regulated Area...............  The area between a line drawn from Bluff
                                Point on the southeastern side of
                                Tiburon Peninsula to Point Campbell on
                                the northern edge of Angel Island, and a
                                line drawn from Peninsula Point to the
                                southern edge of Tiburon Peninsula to
                                Point Stuart on the western edge of
                                Angel Island.
------------------------------------------------------------------------
                   4. Opening Day on San Francisco Bay
------------------------------------------------------------------------
Sponsor......................  Pacific Inter-Club Yacht Association and
                                Corinthian Yacht Club.
Event Description............  Boat parade during which vessels pass by
                                a pre-designated platform or vessel.
Date.........................  Last Sunday in April.
Location.....................  San Francisco, CA waterfront: Crissy
                                Field to Pier 39.
Regulated Area...............  The area defined by a line drawn from
                                Fort Point; thence easterly
                                approximately 5,000 yards; thence
                                easterly to the Blossom Rock Bell Buoy;
                                thence westerly to the Northeast corner
                                of Pier 39; thence returning along the
                                shoreline to the point of origin.
                               Special Requirements: All vessels
                                entering the regulated area shall follow
                                the parade route established by the
                                sponsor and be capable of maintaining an
                                approximate speed of 6 knots.
                               Commercial Vessel Traffic Allowances: The
                                parade will be interrupted, as
                                necessary, to permit the passage of
                                commercial vessel traffic. Commercial
                                traffic must cross the parade route at a
                                no-wake speed and perpendicular to the
                                parade route.
------------------------------------------------------------------------
                        5. Kinetic Sculpture Race
------------------------------------------------------------------------
Sponsor......................  Kinetic Sculpture Race Inc.
Event Description............  Human Powered Craft Race.
Date.........................  Saturday and Sunday of Memorial Day
                                Weekend.
Location.....................  Eureka Inner Reach Channel.
Regulated Area...............  The navigable waters within an area
                                bounded by a line starting
                                40[deg]48'16'' N, 124[deg]10'28'' W;
                                thence to 40[deg]48'21'' N,
                                124[deg]10'28'' W; thence to
                                40[deg]48'35'' N, 124[deg]09'17'' W;
                                thence to 40[deg]48'30'' N,
                                124[deg]09'17'' W; thence returning to
                                the point of origin.
------------------------------------------------------------------------
              6. Sacramento Bridge-to-Bridge Water Festival
------------------------------------------------------------------------
Sponsor......................  Sacramento Visitors Bureau.

Event Description............  Professional high-speed powerboat races.
Date.........................  Second to last Friday, Saturday and
                                Sunday in July.
Location.....................  Sacramento, CA.
Regulated Area...............  The navigable waters within an area
                                bounded by a line starting
                                38[deg]35'49'' N, 121[deg]30'30'' W;
                                thence to 38[deg]35'49'' N,
                                121[deg]30'23'' W thence to
                                38[deg]40'00'' N, 121[deg]30'59'' W
                                thence to 38[deg]33'46'' N,
                                121[deg]31'11'' W thence returning to
                                the point of origin.
------------------------------------------------------------------------
                       7. Humboldt Bay Paddle Fest
------------------------------------------------------------------------
Sponsor......................  Humboldt State University Alumni
                                Association.
Event Description............  Paddle boat race.
Date.........................  Last weekend in September or first
                                weekend in October.
Location.....................  Eureka Inner Reach Channel.
Regulated Area...............  The navigable waters within an area
                                bounded by a line starting
                                40[deg]48'16'' N, 124[deg]10'28'' W;
                                thence to 40[deg]48'21'' N,
                                124[deg]10'28'' W; thence to
                                40[deg]48'35'' N, 124[deg]09'17'' W;
                                thence to 40[deg]48'30'' N,
                                124[deg]09'17'' W; thence returning to
                                the point of origin.
------------------------------------------------------------------------
                     8. Delta Thunder Powerboat Race
------------------------------------------------------------------------
Sponsor......................  Pacific Offshore Power Racing
                                Association.
Event Description............  Professional high-speed powerboat race.
Date.........................  Second Saturday, Sunday in September.
Location.....................  Off Pittsburgh, CA in the waters around
                                Winter Island and Brown Island.
Regulated Area...............  The water area of Suisun Bay commencing
                                at Simmons Point on Chipps Island;
                                thence southwesterly to Stake Point on
                                the southern shore of Suisun Bay; thence
                                easterly following the southern
                                shoreline of Suisun Bay and New York
                                Slough to New York Slough Buoy 13;
                                thence north-northwesterly to the
                                Northwestern corner of Fraser Shoal;
                                thence northwesterly to the western tip
                                of Chain Island; thence west-
                                northwesterly to the northeast tip of
                                Van Sickle Island; thence following the
                                shoreline of Van Sickle Island and
                                Chipps Island and returning to the point
                                of origin.
------------------------------------------------------------------------
                 9. Pittsburg Seafood Festival Air Show
------------------------------------------------------------------------
Sponsor......................  City of Pittsburg, CA.
Event Description............  Pittsburg Seafood Festival Air Show.
Date.........................  Second Saturday, Sunday in September.
Location.....................  Off Pittsburgh, CA in the waters around
                                Winter Island and Brown Island.
Regulated Area...............  The water area of Suisun Bay commencing
                                at Simmons Point on Chipps Island;
                                thence southwesterly to Stake Point on
                                the southern shore of Suisun Bay; thence
                                easterly following the southern
                                shoreline of Suisun Bay and New York
                                Slough to New York Slough Buoy 13;
                                thence north-northwesterly to the
                                Northwestern corner of Fraser Shoal;
                                thence northwesterly to the western tip
                                of Chain Island; thence west-
                                northwesterly to the northeast tip of
                                Van Sickle Island; thence following the
                                shoreline of Van Sickle Island and
                                Chipps Island and returning to the point
                                of origin.
------------------------------------------------------------------------

0
5. Add Sec.  100.1104 to read as follows:

Sec.  100.1104  Southern California annual marine events for the Los
Angeles Long Beach Captain of the Port Zone.

    (a) General. Special local regulations are established for the
events listed in Table 1 of this section. Notice of implementation of
these special local regulations will be made by publication in the
Federal Register 30 days prior to the event for those events without
specific dates or by Notice to Mariners 20 days prior to the event for
those events listing a period for which a firm date is identifiable. In
all cases, further information on exact dates, times, and other details
concerning the number and type of participants and an exact
geographical description of the areas are published by the Eleventh
Coast Guard District in the Local Notice to Mariners at least 20 days
prior to each event. To be placed on the mailing list for Local Notice
to Mariners contact: Commander (dpw), Eleventh Coast Guard District,
Coast Guard Island, Building 50-2, Alameda, CA 94501-5100. Note:
Sponsors of events listed in Table 1 of this section must submit an
application each year as required by 33 CFR part 100, subpart A, to the
cognizant Coast Guard Sector Commander. Sponsors are informed that
ample lead time is required to inform all Federal, state, local
agencies, and/or other interested parties and to provide the sponsor
the best support to ensure the safety of life and property.
    (b) Special local regulations. All persons and vessels not
registered with the sponsor as participants or as official patrol
vessels are considered spectators. The ``official patrol'' consists of
any Coast Guard; other Federal, state, or local law enforcement; and
any public or sponsor-provided vessels assigned or approved by the
cognizant Coast Guard Sector Commander to patrol each event.
    (1) No spectator shall anchor, block, loiter, nor impede the
through transit of participants or official patrol vessels in the
regulated areas during all applicable effective dates and times unless
cleared to do so by or through an official patrol vessel.
    (2) When hailed and/or signaled by an official patrol vessel, any
spectator located within a regulated area during all applicable
effective dates and times shall come to an immediate stop.
    (3) The Patrol Commander (PATCOM) is empowered to forbid and
control the movement of all vessels in the regulated area. The Patrol
Commander shall be designated by the cognizant Coast Guard Sector
Commander; will be a U.S. Coast Guard commissioned officer, warrant
officer, or petty officer to act as the Sector Commander's official
representative; and will be located

aboard the lead official patrol vessel. As the Sector Commander's
representative, the PATCOM may terminate the event any time it is
deemed necessary for the protection of life and property. PATCOM may be
reached on VHF-FM Channel 13 (156.65MHz) or 16 (156.8MHz) when
required, by the call sign ``PATCOM.''
    (4) The Patrol Commander may, upon request, allow the transit of
commercial vessels through regulated areas when it is safe to do so.
    (5) The Coast Guard may be assisted by other Federal, state, or
local agencies.

                       Table 1 to Sec.   100.1104
              [All coordinates referenced use datum NAD 83]
------------------------------------------------------------------------

------------------------------------------------------------------------
                    1. Newport to Ensenada Yacht Race
------------------------------------------------------------------------
Sponsor......................  Newport Ocean Sailing Association.
Event Description............  Sailing vessel race; open ocean.
Date.........................  Fourth Friday in April.
Location.....................  Newport Beach, CA.
Regulated Area...............  Starting area only. All waters of the
                                Pacific Ocean near Newport Beach, CA
                                bounded by a line starting
                                33[deg]35'18'' N, 117[deg]53'18'' W
                                thence to 33[deg]34'54'' N,
                                117[deg]53'18'' W thence to
                                33[deg]34'54'' N, 117[deg]54'30'' W
                                thence to 33[deg]35'18'' N,
                                117[deg]54'30'' W thence returning to
                                the point of origin.
------------------------------------------------------------------------

    Dated: July 19, 2011.
J.R. Castillo,
Rear Admiral, U.S. Coast Guard, Commander, Eleventh Coast Guard
District.
[FR Doc. 2011-21865 Filed 8-25-11; 8:45 am]
BILLING CODE 9110-04-P


			  UNITED STATES OF AMERICA

		        DEPARTMENT OF TRANSPORTATION

			  OFFICE OF THE SECRETARY

			          WASHINGTON, D.C.

Issued by the Department of Transportation on October 3, 2003

NOTICE OF ACTION TAKEN -- DOCKET OST-96-1454

________________________________________________________________________
________________________________________________________

This serves as notice to the public of the action described below, taken
by the Department official indicated (no additional confirming order
will be issued in this matter).

Applicant:  Antonov Design Bureau	 t/a Antonov Airlines 				Date Filed:
August 1, 2003

Relief requested: Renew exemption from 49 U.S.C. § 41301 to engage in
charter foreign air transportation of property and mail between Ukraine
and the United States; and to perform other all-cargo charters in
accordance with Part 212 of our rules.

If renewal, date and citation of last action:  August 26, 2002, in this
docket

Applicant representative:  Robert E. Cohn/Sheryl R. Israel (202)
663-8312

DOT Analyst:  Gordon H. Bingham<PHONE_NUMBER>

Responsive pleadings:  None filed

	DISPOSITION

Action:  Approved									Action date:  October 3, 2003

Effective dates of authority granted:  October 3, 2003-October 3, 2004

Basis for approval (bilateral agreement/reciprocity):  Reciprocity with
Ukraine

Except to the extent exempted/waived, this authority is subject to the
terms, conditions, and limitations indicated:

X Standard exemption conditions (attached)

Special conditions/Partial grant/Denial basis/Remarks:  Under the
authority granted above, charter operations will be subject to the prior
approval requirements for such operations set forth in Order 93-5-37.
The authority is also subject to (the Agreement).

Action taken by:   Paul L. Gretch, Director

		      Office of International Aviation

________________________________________________________________________
________________________________________________________

Under authority assigned by the Department in its regulations, 14 CFR
Part 385, we found that (1) the applicant was qualified to perform the
proposed operations; (2) our action was consistent with Department
policy; (3) grant of the authority was consistent with the public
interest; and (4) grant of the authority would not constitute a major
regulatory action under the Energy Policy and Conservation Act of 1975.
To the extent not granted/deferred/dismissed, we denied all requests in
the referenced Docket.  We may amend, modify, or revoke the authority
granted in this Notice at any time without hearing at our discretion.

Persons entitled to petition the Department for review of the action set
forth in this Notice under the Department’s regulations, 14 CFR §
385.30, may file their petitions within seven (7) days after the date of
issuance of this Notice.  This action was effective when taken, and the
filing of a petition for review will not alter such effectiveness.

An electronic version of this document is available on the World Wide
Web at:

  HYPERLINK "http://dms.dot.gov//reports/reports_aviation.asp"
http://dms.dot.gov//reports/reports_aviation.asp

Foreign Carrier Conditions

In the conduct of the operations authorized, the foreign carrier
applicant(s) shall:

(1)  Not conduct any operations unless it holds a currently effective
authorization from its homeland for such operations, and it has filed a
copy of such authorization with the Department;

(2)  Comply with all applicable requirements of the Federal Aviation
Administration, including, but not limited to, 14 CFR Parts 129, 91, and
36, and with all applicable U.S. Government requirements concerning
security.  To assure compliance with all applicable U.S. Government
requirements concerning security, the holder shall, before commencing
any new service (including charter flights) from a foreign airport that
would be the holder’s last point of departure for the United States,
contact its Principal Security Inspector (PSI) to advise the PSI of its
plans and to find out whether the Transportation Security Administration
has determined that security is adequate to allow such airport(s) to be
served;

(3)  Comply with the requirements for minimum insurance coverage
contained in 14 CFR Part 205, and, prior to the commencement of any
operations under this authority, file evidence of such coverage, in the
form of a completed OST Form 6411, with the Federal Aviation
Administration’s Program Management Branch (AFS-260), Flight Standards
Service (any changes to, or termination of, insurance also shall be
filed with that office);

(4)  Not operate aircraft under this authority unless it complies with
operational safety requirements at least equivalent to Annex 6 of the
Chicago Convention;

(5)  Conform to the airworthiness and airman competency requirements of
its Government for international air services;

(6)  Except as specifically exempted or otherwise provided for in a
Department Order, comply with the requirements of 14 CFR Part 203,
concerning waiver of Warsaw Convention liability limits and defenses;

(7)  Agree that operations under this authority constitute a waiver of
sovereign immunity, for the purposes of 28 U.S.C. 1605(a), but only with
respect to those actions or proceedings instituted against it in any
court or other tribunal in the United States that are: (a)  based on its
operations in international air transportation that, according to the
contract of carriage, include a point in the United States as a point of
origin, point of destination, or agreed stopping place, or for which the
contract of carriage was purchased in the United States; or (b)  based
on a claim under any international agreement or treaty cognizable in any
court or other tribunal of the United States.  In this condition, the
term "international air transportation" means "international
transportation" as defined by the Warsaw Convention, except that all
States shall be considered to be High Contracting Parties for the
purpose of this definition;

(8)  Except as specifically authorized by the Department, originate or
terminate all flights to/from the United States in its homeland;

(9)  Comply with the requirements of 14 CFR Part 217, concerning the
reporting of scheduled, nonscheduled, and charter data;

(10) If charter operations are authorized, except as otherwise provided
in the applicable aviation agreement, comply with the Department's rules
governing charters (including 14 CFR Parts 212 and 380); and

(11) Comply with such other reasonable terms, conditions, and
limitations required by the public interest as may be prescribed by the
Department, with all applicable orders or regulations of other U.S.
agencies and courts, and with all applicable laws of the United States.

This authority shall not be effective during any period when the holder
is not in compliance with the conditions imposed above.  Moreover, this
authority cannot be sold or otherwise transferred without explicit
Department approval under Title 49 of the U.S. Code.

  In its application Antonov states that it recently began using the
“Antonov Airlines” trade name.  By letter dated September 26, 2003,
Antonov submitted a request under 14 CFR Part 215 of our rules to
register that trade name with the Department.  By letter dated October
2, 2003, we acknowledged Antonov’s registration of the trade name
Antonov Airlines under Part 215.

 Aviation relations between the United States and Ukraine are governed
by the Air Transport Agreement between the United States and Ukraine
(the Agreement).  However, the Annexes to the Agreement, which serve as
the basis for the authority sought by Antonov Design Bureau, expired on
December 31, 2001.  While the Annexes have yet to be formally extended,
both parties have been continuing to observe their provisions on a
comity and reciprocity basis.  Therefore, we believe that
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