[Federal Register Volume 62, Number 16 (Friday, January 24, 1997)]
[Rules and Regulations]
[Pages 3608-3610]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-1797]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 100
[CGD07-96-074]
RIN 2115-AE46
Special Local Regulations; Hillsborough Bay; Tampa, FL
AGENCY: Coast Guard, DOT.
ACTION: Temporary final rule.
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SUMMARY: Temporary special local regulations are being established for
the Gasparilla Marine Parade in Hillsborough Bay, Tampa, Florida. This
event will be held on Saturday, February 1, 1997, between 10 a.m.
Eastern Standard Time (EST) and 1:30 p.m. EST. During the event, there
will be approximately 750 participants and over 200 spectator craft.
The resulting congestion of navigable channels creates an extra or
unusual hazard. Therefore, these regulations are necessary to provide
for the safety of life on the navigable waters during the event.
EFFECTIVE DATE: These regulations become effective at 9 a.m. EST and
terminate at 2:30 p.m. EST on February 1, 1997.
FOR FURTHER INFORMATION CONTACT:
LTJG Tom Stuhlreyer, Project Officer. Coast Guard Group St. Petersburg,
FL at (813) 824-7533.
SUPPLEMENTARY INFORMATION: In accordance with 5 U.S.C. Sec. 552, a
notice of proposed rulemaking has not been published for these
regulations and good cause exists for making them effective in less
than 30 days from the date of publication. Following normal rulemaking
procedures would have been impracticable. The application to hold the
event was not received with sufficient time remaining to publish a
proposed rule in advance of the event or to provide for a delayed
effective date.
[[Page 3609]]
Discussion of Regulations
Temporary special local regulations are being established for the
Gasparilla Marine Parade in Hillsborough Bay, Tampa, Florida. This
event will be held on Saturday, February 1, 1997, between 10 a.m.
Eastern Standard Time (EST) and 1:30 p.m. EST. These regulations are
needed to provide for the safety of life, to protect vessels
participating in the parade, and to protect marine mammals during the
Gasparilla Marine Parade. There will be approximately 750 participants,
afloat and ashore, participating in the marine parade. Also, 200-400
spectator craft are expected. The resulting congestion of navigable
waters.
These regulations establish a regulated area in Hillsborough Bay,
which consists of all waters east of a line drawn from Gadsen Point
south to E.G. Simmons Park, at position 27-44.8 N, 082-28.3 W, then to
the northern end of Hillsborough Bay. All coordinates referenced use
Datum: NAD 1983. Additionally, the regulated area includes the
following, in their entirely: Hillsborough Cut ``D'' Channel, Sparkman
Channel, Ybor Channel, Seddon Channel and the Hillsborough River south
of the Cass Street Bridge.
Entry into the regulated area is closed to all commercial marine
traffic from 10 a.m. EST to 2:30 p.m. EST on February 1, 1997. The
regulated area is an idle speed, ``no wake'' zone. All vessels within
the regulated area shall stay clear of and give way to all vessels in
parade formation in the Gasparilla Marine Parade. When within the
marked channels of the parade route, vessels participating in the
Gasparillas Marine Parade may not exceed the minimum speed necessary to
maintain steerage. Jet skis and vessels without mechanical propulsion
are prohibited from the parade route. Northbound vessels of length in
excess of 80 feet and without mooring arrangements make prior to
February 1, 1997 are prohibited from entering Seddon Channel, unless
the vessel is officially entered in the Gasparilla Marine Parade. All
northbound vessels, not officially entered in the Gasparilla Marine
Parade, in excess of 80 feet without prior mooring arrangements must
use the alternate route through Sparkman Channel.
Regulatory Evaluation
This regulation is not a significant regulatory action under
section 3(f) of Executive Order 12866 and does not require an
assessment of potential costs and benefits under section 6(a)(f) of
that order. It has been exempted from review by the Office of
Management and Budget under that order. It is not significant under the
regulatory policies and procedures of the Department of Transportation
(DOT) (44 FR 11040; February 26, 1979). The Coast Guard expects the
economic impact of this action to be so minimal that a full Regulatory
Evaluation under paragraph 10e of the regulated policies and procedures
of DOT is unnecessary. The regulated area encompasses a limited area
and entry into this area will be prohibited for only 5\1/2\ hours on
the day of the event.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the
Coast Guard must consider whether this rulemaking will have a
significant impact on a substantial number of small entities. ``Small
entities'' include independently owned and operated small businesses
that are not dominant in their field and that otherwise qualify as
``small business concerns'' under Section 3 of the Small Business Act
(15 U.S.C. 632).
The Coast Guard certifies under 5 U.S.C. 605 (b) of the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.) that this final rule will not
have a significant economic impact on a substantial number of small
entities. The regulated area encompasses a limited area and will be in
effect for only 5\1/2\ hours on the day of the event.
Collection of Information
These regulations contain no collection-of-information requirements
under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).
Federalism
This action has been analyzed in accordance with the principles and
criteria contained in Executive Order 12612, and it has been determined
that the rulemaking does not have sufficient Federalism implications to
warrant the preparation of a Federalism Assessment.
Environmental Assessment
The Coast Guard has considered the environmental impact of this
action consistent with Section 2.B.2. of Commandant Instruction
M16475.1B, (as revised by 59 FR 38654, July 29, 1994). In accordance
with that instruction section 2.B.4.g. and 2.B.5., this action has been
environmentally assessed (EA completed), and the Coast Guard has
concluded that it will not significantly affect the quality of the
human environment. An environmental assessment and finding of no
significant impact have been prepared and are available for inspection
and copying. Specifically, the Coast Guard has consulted with the U.S.
Fish and Wildlife Service, the Florida Department of Environmental
Protection, and the National Marine Fisheries Service regarding the
environmental impact of this event, and it was determined that the
event does not jeopardize the continued existence of protected species.
As a condition to this permit, the applicant is required to educate the
operators of spectator craft and parade participants regarding the
possible presence of manatees and the appropriate precautions to take
if the animals are sighted.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
Temporary Regulations
For reasons set out in the preamble, the Coast Guard amends Part
100 of Title 33, Code of Federal Regulations, as follows:
1. The authority citation for Part 100 continues to read as
follows:
PART 100--[AMENDED]
Authority: 33 U.S.C. 1233; 49 CFR 1.46 and 33 CFR 100.35.
2. A temporary section 100.35 T96-074 is added to read as follows:
Sec. 100.35 T96-074 Hillsborough Bay; Tampa, FL.
(a) Regulated Area. A regulated area is established in Hillsborough
Bay, which consists of all waters east of a line drawn from Gadsen
Point south to E. G. Simmons Park, at position 27-44.8 N, 082-28.3 W,
then to the northern end of Hillsborough Bay. All coordinates
referenced use Datum: NAD 1983. Additionally, the regulated area
includes the following, in their entirety: Hillsborough Cut ``D''
Channel, Sparkman Channel, Ybor Channel, Seddon Channel and the
Hillsborough River south of the Cass Street Bridge.
(b) Special Local Regulations.
(1) Entry into the regulated area is closed to all commercial
marine traffic from 10 a.m. EST to 2:30 p.m. EST on February 1, 1997.
(2) The regulated area is an idle speed, ``no wake'' zone.
(3) All vessels within the regulated area shall stay clear of and
give way to all vessels in parade formation in the Gasparilla Marine
Parade.
(4) When within the marked channels of the parade route, vessels
participating in the Gasparilla Marine Parade may not exceed the
minimum speed necessary to maintain steerage.
[[Page 3610]]
(5) Jet skis and vessels without mechanical propulsion are
prohibited from the parade route.
(6) Northbound vessels of length in excess of 80 feet and without
mooring arrangements made prior to February 1, 1997 are prohibited from
entering Seddon Channel, unless the vessel is officially entered in the
Gasparilla Marine Parade. All northbound vessels, not officially
entered in the Gasparilla Marine Parade, in excess of 80 feet without
prior mooring arrangements must use the alternate route through
Sparkman Channel.
(c) Effective Date. This regulation becomes effective at 9 a.m. EST
and terminates at 2:30 p.m. EST on February 1, 1997.
Dated: January 2, 1997.
R.C. Olsen, Jr.,
Captain U.S. Coast Guard, Acting Commander, Seventh Coast Guard
District.
[FR Doc. 97-1797 Filed 1-23-97; 8:45 am]
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