[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]
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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.
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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]
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