[Federal Register Volume 63, Number 182 (Monday, September 21, 1998)]
[Proposed Rules]
[Pages 50179-50180]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-25162]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD07-98-041]
RIN 2115-AE46


Special Local Regulations; Hillsborough Bay, Tampa, FL

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: Permanent Special Local Regulations are being proposed for the 
Gasparilla Marine Parade on Hillsborough Bay in Tampa, Florida. This 
event will be held annually on the first Saturday in February between 
10 a.m. and 1:30 p.m. Eastern Standard Time (EST). These regulations 
are needed to provide for the safety of life on navigable waters during 
the event.

DATES: Comments must be received on or before November 20, 1998.

ADDRESSES: Comments may be mailed to Commander Coast Guard Group St. 
Petersburg, 600 8th Avenue SE, St. Petersburg, FL 33701, or may be 
delivered to the above address between 7:30 a.m. and 4 p.m. Monday 
through Friday, except Federal holidays. Comments will become part of 
this docket and will be available for inspection or copying at the 
above address.

FOR FURTHER INFORMATION CONTACT: LTJG Brian Hill, (305) 536-4250, or 
Assistant Operations Officer, Coast Guard Group St. Petersburg, FL, 
(813) 824-7533.

SUPPLEMENTARY INFORMATION: 

Request for Comments

    The Coast Guard encourages interested persons to participate in 
this rulemaking by submitting written data, views, or arguments. 
Persons submitting comments should include their names and addresses, 
identify this rulemaking [CGD07-98-041] and the specific section of 
this proposal to which each comment applies and give the reason for 
each comment.
    The Coast Guard shall consider all comments received during the 
comment period. It may change this proposal in view of the comments. 
The Coast Guard plans no public hearing. Persons may request a public 
hearing by writing to Assistant Operations Officer, Coast Guard Group 
Saint Petersburg at the address under ADDRESSES. The request should 
include the reasons why a hearing would be beneficial. If the Coast 
Guard determines that the opportunity for oral presentations will aid 
this rulemaking, it will hold a public hearing at a time and place 
announced by a notice in the Federal Register.

Background and Purpose

    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 channels creates an extra or unusual 
hazard in the navigable waters.
    The regulated area will prohibit commercial vessels, jet skis, and 
vessels without propulsion from entering Hillsborough Bay during the 
parade, and will establish an idle speed no wake zone inside the 
regulated area.

Regulatory Evaluation

    This proposal is not a significant regulatory action under section 
3(f) of Executive Order 12866 and does not require an assessment of 
potential costs and benefits under section 6(a)(3) of the 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 
proposal to be so minimal that a full Regulatory Evaluation under 
paragraph 10e of the regulatory policies and procedures of DOT is 
unnecessary. This regulation will only be in effect for approximately 
four hours in a limited area.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
Coast Guard must consider whether this proposed rule, if adopted, will 
have a significant economic impact on a substantial number of small 
entities. ``Small entities'' include small businesses, not-for-profit 
organizations that are independently owned and operated and are not 
dominant in their field, and governmental jurisdictions with 
populations of less than 50,000.
    Therefore, the Coast Guard certifies under section 605(b) that this 
proposed rule, if adopted will not have a significant effect upon a 
substantial number of small entities as these regulations will be in 
effect in a limited area for five hours only one day each year. If, 
however, you think that your business or organization qualifies as a 
small entity and that this proposed rule will have a significant 
economic impact on your business or organization, please submit a 
comment (see ADDRESSES) explaining why you think it qualifies and in 
what way and to what degree this proposed rule will economically affect 
your business.

Collection of Information

    This proposed rule contains no collection of information 
requirements under the Paperwork Reduction Act (44 U.S.C. 3501 et 
seq.).

[[Page 50180]]

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 
proposal and has determined pursuant to Figure 2-1, paragraph 34(h) of 
Commandant Instruction M16475.1C, that this action is categorically 
excluded from further environmental documentation. A Categorical 
Exclusion Determination document will be completed during the comment 
period.

List of Subjects in 33 CFR Part 100

    Marine safety, Navigation (water), Reporting and recordkeeping 
requirements, Waterways.

    Proposed Regulations: In consideration of the foregoing, the Coast 
Guard proposes to amend Part 100 of Title 33, Code of Federal 
Regulations as follows:

PART 100--[Amended]

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

    Authority: 33 U.S.C. 1233; 49 CFR 1.46 and 33 CFR 100.35.

    2. A new Sec. 100.734 is added to read as follows:


Sec. 100.734  Annual Gasparilla Marine Parade; Hillsborough Bay, Tampa, 
FL.

    (a) Regulated Area. A regulated area is established consisting of 
all waters of Hillsborough Bay and its tributaries north of a line 
drawn along latitude 27 deg. 51'30'' N. The regulated area includes the 
following in their entirety: Hillsborough Cut ``D'' Channel, Sparkman 
Channel, Ybor Channel and the Hillsborough River south of the John F. 
Kennedy Bridge. Coordinates Reference Datum: NAD 1983.
    (b) Special Local Regulations. (1) Entry into the regulated area is 
prohibited to all commercial marine traffic from 9 a.m. to 2:30 p.m. 
EST on the first Saturday in February.
    (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.
    (5) Jet skis and vessels without mechanical propulsion are 
prohibited from the parade route.
    (6) Northbound vessels in excess of 80 feet in length without 
mooring arrangements made prior to the first Saturday in February, are 
prohibited from entering Seddon Channel unless the vessel is officially 
entered in the Gasparilla Marine Parade. All northbound vessels in 
excess of 80 feet without prior mooring arrangements not officially 
entered in the Gasparilla Marine Parade, must use the alternate route 
through Sparkman Channel.
    (c) Dates. This section becomes effective annually at 9 a.m. and 
terminate at 2:30 p.m. EST on the first Saturday in February.

    Dated: July 9, 1998.
R.C. Olsen, Jr.,
Acting Captain U.S. Coast Guard, Commander, Seventh Coast Guard 
District.
[FR Doc. 98-25162 Filed 9-18-98; 8:45 am]
BILLING CODE 4910-15-M