[Federal Register Volume 64, Number 16 (Tuesday, January 26, 1999)]
[Rules and Regulations]
[Pages 3840-3841]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-1697]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD07 98-041]


Special Local Regulations; Hillsborough Bay, Tampa, Florida

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

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SUMMARY: Permanent Special Local Regulations are being established 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: This rule is effective on January 26, 1999.

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

SUPPLEMENTARY INFORMATION:

Regulatory History

    A Notice of Proposed Rulemaking concerning these regulations was 
published in the Federal Register on September 21, 1998 (63 FR 50179). 
No comments were received during the 60 days comment period.

Background and Purpose

    These regulations are needed to provide for the safety of life, to 
protest 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

[[Page 3841]]

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.
    In accordance with 5 U.S.C. 553, good cause exists for making these 
regulations effective in less than 30 days after Federal Register 
publication. A Notice of Proposed Rulemaking with a 60 day comment 
period was published in the Federal Register on September 21, 1998, 
with no negative comments received, and the parade is a well known 
annual event. Delaying its effective date would be contrary to national 
safety interests since immediate action is needed to minimize potential 
danger to the public as there is not sufficient time remaining to allow 
for a full 30 day delayed effective date prior to the event occurring 
in 1999 on February 6th.

Regulatory Evaluation

    This rule 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 
five and one half hours in a limited area one day each year.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
Coast Guard must consider whether this rule 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 
rule 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 and one half hours only one day each year.

Collection of Information

    This rule contains 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 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.

List of Subjects in 33 CFR Part 100

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

Final Regulations

    In consideration of the foregoing, the Coast Guard amends 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 27-51.30N. 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 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 
terminates at 2:30 p.m. EST on the first Saturday in February.

    Dated: January 15, 1999.
N.T. Saunders,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard 
District.
[FR Doc. 99-1697 Filed 1-25-99; 8:45 am]
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