Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Proposed Rules 13123 full Regulatory Evaluation under PART 100Ð[AMENDED] p.m. Eastern Daylight Time annually paragraph 10e of the regulatory policies during the second Sunday of June. and procedures of DOT is unnecessary. Authority: 33 U.S.C. 1233; 49 CFR 1.46 and 33 CFR 100.35. Dated: March 14, 1996. The proposed regulation would last for Roger T. Rufe, Jr., only 4 hours each day of the event. 2. A new section 100.714 is added to read as follows: Rear Admiral, U.S. Coast Guard, Commander, Small Entities Seventh Coast Guard District. § 100.714 Annual Miami Super Boat Race; [FR Doc. 96–7303 Filed 3–25–96; 8:45 am] Under the Regulatory Flexibility Act Miami Beach, FL. BILLING CODE 4910±14±M (5 U.S.C. 601 et seq.), the Coast Guard (a) Definitions: (1) Regulated Areas. must consider whether this proposal The regulated area includes the race will have a significant economic impact course area, the spectator area, and a 33 CFR Part 183 on a substantial number of small buffer zone. [CGD 95±041] entities. ‘‘Small entities’’ include (i) The race course area is formed by independently owned and operated a line joining the following points: Propeller Injury Prevention Aboard small businesses that are not dominant 25°46.3′ N, 080°07.85′ W; thence to, Rental Boats in their field and that otherwise qualify 25°46.3′ N, 080°06.82′ W; thence to, as ‘‘small business concerns’’ under 25°51.3′ N, 080°06.2′ W; thence to, AGENCY: Coast Guard, DOT. Section 3 of the Small Business Act (15 25°51.3′ N, 080°07.18′ W; thence along the ACTION: Advance notice of proposed U.S.C. 632). shoreline to the starting point. rulemaking. For reasons set forth in the above All coordinates referenced use datum: Regulatory Evaluation, the Coast Guard NAD 1983. SUMMARY: The purpose of this Advance certifies under 5 U.S.C. 605(b) that this (ii) A spectator area is established in the Notice of Proposed Rulemaking proposal, if adopted, would not have a regulated area for spectator traffic and is (ANPRM) is to gather current, specific, significant economic impact on a defined by a line joining the following and accurate information about the points, beginning from: substantial number of small entities. injuries involving propeller strikes and 25° 51.3′ N, 080° 06.15′ W; thence to, rented boats. In a request for comments Collection of Information 25° 51.3′ N, 080° 05.85′ W; thence to, published May 11, 1995, the Coast 25° 46.3′ N, 080° 06.55′ W; thence to, Guard solicited comments from all These proposed regulations contain 25° 46.3′ N, 080° 06.77′ W; and back to the segments of the marine community and no collection of information starting point. other interested persons on various requirements under the Paperwork All coordinates referenced use datum: aspects of propeller accident avoidance Reduction Act (44 U.S.C. 3501 et seq.). NAD 1983. aboard houseboats and other Federalism (iii) A buffer zone of 300 feet is displacement type recreational vessels. established between the race course and The information received was This action has been analyzed in the spectator area. voluminous, but was too general to be accordance with the principles and (2) Coast Guard Patrol Commander. helpful. Consistent with the President’s criteria contained in Executive Order The Coast Guard Patrol Commander is Regulatory Reinvention Initiative, the 12612, and it has been determined that a commissioned, warrant, or petty Coast Guard is interested in obtaining the rulemaking does not have sufficient officer of the Coast Guard who has been maximum public involvement before it Federalism implications to warrant the designated by the Captain of the Port, makes any decision that would impose preparation of a Federalism Assessment. Miami, Florida. a new burden on the regulated Environmental Assessment (b) Special local regulations: (1) Entry community. Information gathered in into the race course area by other than response to this ANPRM will The Coast Guard has considered the event participants is prohibited unless supplement that which the Coast Guard environmental impact of this proposal otherwise authorized by the Coast received in response to the request for and has concluded that preparation of Guard Patrol Commander. At the comments and will be used to an Environmental Impact Statement is completion of scheduled races and determine the appropriate Federal and not necessary. An Environmental departure of participants from the State roles in reducing propeller-strike Assessment and Finding of No regulated area, traffic may resume incidents, whether governmental Significant Impact are available in the normal operations. At the discretion of intervention is appropriate and, if so, docket for inspection or copying where the Coast Guard Patrol Commander, whether it should be directed at the indicated under ADDRESSES. The Coast between scheduled racing events, traffic vessels, their manufacturers, their Guard has concluded that this proposed may be permitted to resume normal operators or owners, or the companies action would not significantly affect the operations. leasing such vessels. This ANPRM also (2) A succession of not fewer than 5 quality of the human environment. announces one public meeting at Coast short whistle or horn blasts from a Guard Headquarters at which List of Subjects in 33 CFR Part 100 patrol vessel will be the signal for any individuals and interested parties may and all vessels to take immediate steps Marine safety, Navigation (water), make oral presentations about the to avoid a collision. The display of an Reporting and record keeping propeller strike avoidance issue. The orange distress smoke signal from a requirements, Waterways. Coast Guard has also arranged four other patrol vessel will be the signal for any Proposed Regulations and all vessels to stop immediately. opportunities, throughout the country, (3) Spectators not in the designated for those interested in this subject to in consideration of the foregoing, Part spectator areas, defined in paragraph (a) express their views. 100 of Title 33, Code of Federal of the regulated area, are required to DATES: Comments must be received on Regulations, is proposed to be amended maintain clear of the race course area at or before September 1, 1996. as follows: all times. ADDRESSES: Comments may be mailed to 1. The authority citation for Part 100 (c) Effective Dates: This section is the Executive Secretary, Marine Safety continues to read as follows: effective at 12 p.m. and terminates at 4 Council (G–LRA/3406)(CGD95–041), 13124 Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Proposed Rules

U.S. Coast Guard Headquarters, 2100 13 boat and engine manufacturers, and 5. Some States have laws requiring Second Street SW., Washington, DC six naval architects or marine boat operators to complete a boating 20593–0001, or may be delivered to consultants. safety course. room 3406 at the above address between a. To what extent do available data Solicitation of Views 8 a.m. and 3 p.m., Monday through indicate whether boater behavior Friday, except Federal holidays. The While available data in the Coast patterns, a lack of boating education, or telephone number is (202) 267–1477. Guard’s regulatory docket on this a lack of boating law enforcement The Executive Secretary maintains the subject does not fully support the costs contribute to the incidence of propeller- public docket for this notice. Comments or burdens that would be imposed by strike accidents involving rental boats? will become a part of this docket and Federal regulation, the number of b. Do data indicate whether will be available for inspection or responses received to the request for mandatory boating education for copying at room 3406, U.S. Coast Guard comments indicates a great deal of individuals renting boats with Headquarters. public interest in whether and how the propellers significantly contribute to a FOR FURTHER INFORMATION CONTACT: Federal Government should act to reduction in the number of propeller- Mr. Randolph Doubt, Project Manager, prevent propeller-strike accidents. strike accidents? c. If so, do data indicate what type of Recreational Boating Product Assurance Persons submitting comments should Division, (202) 267–0984. boating education would be the most do as directed under REQUEST FOR effective? SUPPLEMENTARY INFORMATION: COMMENTS above, and reply to the d. What other vessel operator-oriented following specific questions. Form Request for Comments requirements might reduce the letters simply citing anecdotal evidence incidence of propeller-strike accidents The Coast Guard encourages or stating support for, or opposition to involving rental boats? interested persons to submit written regulations, without providing e. What economic or other burdens data, views or arguments. Persons substantive data or arguments do not would be imposed on companies leasing submitting comments should include supply support for regulations. recreational boats if either the Federal or their names and addresses and identify 1. The Coast Guard is making an effort State Government was to require this notice (CGD 95–041). Please submit to improve its database of recreational education of individuals renting two copies of all comments and boating accidents resulting in injuries propeller-driven boats? attachments in an unbound format, no which require medical treatment 6. The two fatal accidents mentioned larger than 81⁄2 by 11 inches, suitable for beyond first aid. Part of that effort above occurred when individuals were copying and electronic filing. Persons consists in trying to determine the in the water astern of the vessels and the wanting acknowledgment of receipt of extent to which accidents involving vessels were put in reverse. While comments should enclose a stamped, propeller strikes by rented boats are a limited operator visibility astern may self-addressed postcard or envelope. problem. What information is available have contributed to the accidents, the The Coast Guard will consider all regarding the incidence of propeller- transom is also the usual location for comments received during the comment strike injuries or fatalities involving swim platforms and boarding ladders period. individuals who rent boats, and what for swimmers. Do available data Background Information trends, if any, do the data indicate? indicate whether vessel design features contribute to the incidence of propeller- The Coast Guard published a request 2. To what extent are data available to indicate whether the type of propulsion strike accidents involving rental boats? for comments on propeller accidents If so, what vessel design features might involving houseboats and other (e.g., outboard motor, inboard engine or inboard-outboard engine) contributes to reduce the incidence of propeller-strike displacement type recreational vessels accidents involving rental boats? on May 11, 1995 [60 FR 25191]. In a the incidence of propeller-strike accidents involving rental boats? 7. Are there any proven technologies second Federal Register notice that would help reduce the risk of published August 9, 1995, the Coast 3. In two fatal accidents during the propeller-strike accidents involving Guard reopened and extended the last several years, one on Lake Shasta rented boats? What technologies are comment period until November 7, and one on Lake Havasu, the victim was unacceptable, and for what reasons? 1995. The Coast Guard received 1,994 in the water and was struck by the 8. The two fatal accidents mentioned responses. More than 1,800 of these propeller when a rental houseboat was above involved rental houseboats. If the were form letters from individuals who put in reverse and backed into them. Coast Guard developed regulations in support the development of regulations Several other houseboat accidents have this area, how should it define the term, to require the use of propeller guard resulted in injuries. The Coast Guard is ‘‘houseboat?’’ Are there any other vessel technology or pump jet propulsion on interested in determining whether types the Coast Guard should consider vessels used in the rental houseboat accidents involving propeller strikes regulating? If so, what vessels, if any, industry. An additional 69 comments and rented houseboats occur should be excepted from such supporting the development of nationwide, or are limited to a few regulations? regulations to prevent the incidence of States or bodies of water. If the latter is 9. What, if any, types of information propeller-strike accidents were received the case, do any particular hazardous should be displayed on boats and/or from accident victims and their local conditions contribute to the motors leased, rented or chartered for relatives, attorneys, physicians, State likelihood of such accidents? If so, the noncommercial use for the purpose of law enforcement agencies, Coast Guard is interested in determining alerting operators or passengers to the manufacturers of devices designed to the nature and location of those dangers of a propeller strike? prevent propeller-strike accidents, and conditions. 10. What are the economic and other other individuals. Comments opposing 4. To what extent are data available impacts on companies renting boats or regulations were received from 57 on the relationship between the other entities if the Coast Guard were to boaters, nine houseboat livery operators consumption of alcohol or the use of require companies to retrofit such and marinas, members of 10 controlled substances and propeller- vessels with devices or methods of associations, committees, or councils, strike accidents involving rental boats? propulsion designed to reduce the Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Proposed Rules 13125 incidence of propeller-strike accidents? in the Camden Room at the Samoset (HAP). When no emission standard has In considering regulations, the Coast Resort in Rockland, ME (April 29–30, been promulgated under section 112(d) Guard must assess the potential adverse 1996). of the Act, determinations concerning impacts on small business entities. To From 1 to 4 p.m., Monday, May 6, such sources must be made on a case- what extent are small entities engaged 1996 in Room 2415 of Coast Guard by-case basis. Today’s notice announces in leasing recreational boats? Headquarters in Washington, DC. the availability of a revised draft of the 11. a. How many companies are From 10 a.m. to 12 p.m., Sunday, May proposed rule which implements currently leasing propeller-driven boats 19, 1996 at the Southern States Boating section 112(g)(2)(B) of the Act with for bareboat charters by the recreational Law Administrator Conference at the respect to constructed or reconstructed boating public? How many vessels are Royal Sonesta Hotel in New Orleans, LA major sources, and requests comment on involved and on which bodies of water? (May 18–22, 1996). the revised draft. The EPA does not b. How many companies are currently Those wishing to give an oral intend at this time to issue a rule offering propeller-driven uninspected presentation should submit their name, implementing the provisions of section boats for charter by the recreational address, and organization represented 112(g) which concern modifications. boating public? How many vessels are (if any) at least seven days prior to the involved and on which bodies of water? particular meeting or event, to DATES: The revised draft of the proposed 12. What adverse impacts might result COMMANDANT (G–NAB–6), room rule will be available in the public from a regulation requiring livery 1505, U.S. Coat Guard Headquarters, docket and on the EPA electronic companies to verbally brief individuals 2100 Second Street SW., Washington, bulletin board on the date this renting propeller-driven boats about the DC 20593–0001, Attn: Mr. Jay Doubt. document is signed. Comments dangers of propeller-strike accidents, Individuals wishing to give an oral concerning this document or the revised and requiring individuals chartering presentation who fail to notify the Coast draft rule must be received by EPA on such vessels to acknowledge receiving Guard within seven days of a particular or before April 25, 1996. the information? meeting or event will be allowed to do ADDRESSES: The revised draft rule and 13. Under current Federal statutes (46 so if time permits. other information pertaining to the U.S.C. 4306), the States do not have the Those giving oral presentations are proposed rule are contained in Docket authority to establish carriage reminded of the necessity to also Number A–91–64. The docket is requirements for associated equipment, furnish written comments, if those available for public inspection and such as a mechanical means for comments are intended for inclusion in copying from 8:30 a.m. to 12:00 p.m. preventing propeller strikes, on vessels the regulatory docket. and 1:00 p.m. to 3:00 p.m., Monday operated on waters where both the Coast The Coast Guard will consider all through Friday, at the EPA’s Air Docket Guard and the State have jurisdiction. relevant comments in determining what Section, Waterside Mall, Room M1500, However, a State may impose more action may be necessary to address EPA, 401 M Street, Southwest, stringent requirements on vessels such propeller accidents involving rented Washington, DC 20460. A reasonable fee as rental boats on waters subject to the propeller-driven vessels. may be charged for copying. The draft State’s exclusive jurisdiction, so long as Dated: March 15, 1996. rule is also available on the Office of Air Quality Planning and Standards such a requirement is not imposed upon Rudy K. Peschel, vessel manufacturers. What is the (OAQPS) electronic bulletin board, the Rear Admiral, U.S. Coast Guard, Chief, Office Technology Transfer Network (TTN), proper role for the States in reducing of Navigation Safety and Waterway Services. propeller-strike accidents involving under Clean Air Act, Title III, Recently [FR Doc. 96–7304 Filed 3–25–96; 8:45 am] rented boats? If the Coast Guard allowed Signed Rules. For information on how the States to regulate the equipment BILLING CODE 4910±14±M to access the TTN, please call (919) 541– carried, or the use of rental boats, how 5384 between the hours of 1:00 p.m. and would interstate commerce be affected? 5:00 p.m. eastern standard time. ENVIRONMENTAL PROTECTION Comments concerning this notice or Open Meetings AGENCY the revised draft rule should be A subcommittee of the National 40 CFR Part 63 submitted (in duplicate if possible) to: Boating Safety Advisory Council, and Central Docket Section (6102), EPA, the National Association of State [FRL±5446±8] Attn: Air Docket No. A–91–64, Boating Law Administrators are Washington, DC 20460. studying the propeller injury prevention Proposed Requirements for Control issue. The Coast Guard invites Technology Determinations for Major FOR FURTHER INFORMATION CONTACT: Ms. interested parties and the public to Sources in Accordance With Clean Air Gerri Pomerantz, telephone (919) 541– make brief oral presentations about the Act (Act) Section 112(g) 2371, or Ms. Kathy Kaufman, telephone propeller injury prevention issue during (919) 541–0102, Information Transfer AGENCY: Environmental Protection the following meetings or events: and Program Integration Division (MD– From 5 to 7 p.m., Monday, April 22, Agency (EPA). 12), OAQPS, EPA, Research Triangle 1996 at the National Water Safety ACTION: Notice of reopening of comment Park, NC, 27711. period; notice of availability of draft Congress Professional Development SUPPLEMENTARY INFORMATION: The rule. Seminar at the Boardwalk Resort in information in this notice is organized Panama City, FL, (April 23–25, 1996). SUMMARY: The EPA is reopening the as follows: From 3 to 5 p.m., Monday April 29, comment period for the proposed rule 1996 at the National Boating Safety implementing section 112(g) of the Act I. Background and Major Differences between and is announcing the availability of a the Proposed Rule and Draft Final Rule Advisory Council Meeting at the Parc II. Definition of ‘‘Construct a Major Source’’ Fifty-Five Hotel in San Francisco, CA revised draft of the proposal. Section III. Review of Applications for a maximum (April 27–29, 1996). 112(g) establishes requirements for achievable control technology (MACT) From 8:30 to 10:30 a.m., Wednesday owners or operators who intend to Determination May 1, 1996 at the Northeastern States construct, reconstruct, or modify a IV. Extensions of Compliance Date for Boating Law Administrators Conference major source of hazardous air pollutants Subsequent Emission Standards