[Federal Register Volume 70, Number 17 (Thursday, January 27, 2005)]
[Rules and Regulations]
[Pages 3879-3880]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-1509]



[[Page 3879]]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[CGD 07-05-001]
RIN 1625-AA11


Special Local Regulation; Annual Gasparilla Marine Parade, 
Hillsborough Bay, Tampa, FL

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is temporarily changing the regulations 
regarding the Annual Gasparilla Marine Parade, Hillsborough Bay, and 
Tampa, FL. This action is necessary because the Parade will be held on 
January 29, 2005, instead of the first Saturday in February as 
established by permanent regulation. Also, the Coast Guard and the 
Parade coordinators have agreed on a modified parade route to minimize 
security and safety concerns and reduce congestion in the Sparkman and 
Ybor channels in vicinity of commercial port facilities.

DATES: This rule is effective from 9 a.m. on January 29, 2005, until 
2:30 p.m. on February 5, 2005.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket [CGD 07-05-001] and are available for 
inspection or copying at Marine Safety Office Tampa, 155 Columbia 
Drive, Tampa, Florida 33606-3598 between 7:30 a.m. and 4 p.m., Monday 
through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Lieutenant Junior Grade Jennifer 
Andrew at Marine Safety Office Tampa (813) 228-2191 Ext. 8101.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    We did not publish a notice of proposed rulemaking (NPRM) for this 
regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing an NPRM. Publishing an NPRM for this 
rule would be contrary to the public interest since security and safety 
concerns in vicinity of commercial facilities on the Sparkman and Ybor 
channels require redirection of the parade route in order to minimize 
potential danger to the public, the port and waterways. The Coast Guard 
will issue a broadcast notice to mariners to advise mariners of the 
restriction.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register. To alleviate security and safety 
concerns, it is in the public interest that this rule be effective on 
the rescheduled date for the event, which will occur prior to 30 days 
after publication.

Background and Purpose

    The Annual Gasparilla Marine Parade is governed by a permanent 
regulation published at 33 CFR 100.734 and is normally held on the 
first Saturday in February. This year, the event is being moved to 
January 29, 2005, because event coordinators were concerned there would 
be a lack of participation if the event was held during the weekend of 
the Super Bowl. The effective dates of this rule include the time from 
the new date until the date on which the event is normally held in 
order to make the regulation enforceable on January 29, 2005 and to 
remove existing restrictions normally imposed on the first Saturday in 
February.
    The proximity of vessels and persons to high profile commercial 
port facilities in the Port of Tampa, Florida, as well as waterway 
congestion in the vicinity of these facilities, continue to generate 
security and safety concerns for the Coast Guard, the marine industry 
and the public. To alleviate these concerns, the Coast Guard Captain of 
the Port Tampa and event planners for this parade have coordinated 
efforts to modify the existing parade route to avoid parade transit and 
significant congestion in the vicinity of commercial facilities on the 
Sparkman and Ybor channels.

Discussion of Rule

    This rule is necessary to accommodate the change in date of the 
event and to modify the parade route to reflect the coordinated efforts 
of the Coast Guard and event planners. The portions of the parade route 
that transit the Sparkman and Ybor channels have been removed from the 
parade route for this year's events.

Regulatory Evaluation

    This rule is not a ``significant regulatory action'' under section 
3(f) of Executive Order 12866, Regulatory Planning and Review, and does 
not require an assessment of potential costs and benefits under section 
6(a)(3) of that Order. The Office of Management and Budget has not 
reviewed it under that Order. It is not ``significant'' under the 
regulatory policies and procedures of the Department of Homeland 
Security (DHS).
    We expect the economic impact of this rule to be so minimal that a 
full Regulatory Evaluation under the policies and procedures of DHS is 
unnecessary. The short duration of this regulation would have little, 
if any, economic impact.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this rule would have a significant economic impact 
on a substantial number of small entities. The term ``small entities'' 
comprises small businesses, not-for-profit organizations that are 
independently owned and operated and are not dominant in their fields, 
and governmental jurisdictions with populations of less than 50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will 
not have a significant economic impact on a substantial number of small 
entities. This rule will affect the following entities, some of which 
may be small entities: the owners or operators of vessels intending to 
transit or anchor in a portion of Hillsborough Bay and its tributaries 
north of a line drawn along latitude 27[deg] 51' 18'' N (Coordinates 
Reference Datum: NAD 1983).
    The amendments to the current existing regulation will not have a 
significant economic impact on a substantial number of small entities 
for the following reasons. This rule will be in effect for one day and 
only commercial marine traffic will be precluded from entering the 
regulated area. Minimal marine traffic is expected to transit this 
area. Before the effective period, we will issue maritime advisories 
widely available to users of the waterway.

Collection of Information

    This rule calls for no new collection of information under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on State or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. We have analyzed this rule under 
that Order and have determined that it does not have implications for 
federalism.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a

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State, local, or tribal government, in the aggregate, or by the private 
sector of $100,000,000 or more in any one year. Though this rule will 
not result in such an expenditure, we do discuss the effects of this 
rule elsewhere in this preamble.

Taking of Private Property

    This rule will not effect a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2) 
of Executive Order 12988, Civil Justice Reform, to minimize litigation, 
eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection 
of Children from Environmental Health Risks and Safety Risks. This rule 
is not an economically significant rule and does not create an 
environmental risk to health or risk to safety that may 
disproportionately affect children.

Indian Tribal Governments

    This rule does not have tribal implications under Executive Order 
13175, Consultation and Coordination with Indian Tribal Governments, 
because it does not have a substantial direct effect on one or more 
Indian tribes, on the relationship between the Federal Government and 
Indian tribes, or on the distribution of power and responsibilities 
between the Federal Government and Indian tribes.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that order because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. The Administrator of the Office of Information and 
Regulatory Affairs has not designated it as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency provides Congress, 
through the Office of Management and Budget, with an explanation of why 
using these standards would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., specifications of materials, performance, design, or 
operation; test methods; sampling procedures; and related management 
systems practices) that are developed or adopted by voluntary consensus 
standards bodies.
    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

Environment

    We have analyzed this rule under Commandant Instruction M16475.lD, 
which guides the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and 
have concluded that there are no factors in this case that would limit 
the use of a categorical exclusion under section 2.B.2 of the 
Instruction. Therefore, this rule is categorically excluded, under 
figure 2-1, paragraph (34)(h), of the Instruction, from further 
environmental documentation. As a special local regulation issued in 
conjunction with a marine parade, this rule satisfies the requirements 
of paragraph (34)(h). Under figure 2-1, paragraph (34)(h), of the 
instruction, an ``Environmental Analysis Check List'' and a draft 
``Categorical Exclusion Determination'' are not required for this rule.

List of Subjects in 33 CFR Part 100

    Regattas and marine parades.


0
For the reasons discussed in the preamble, the Coast Guard amends 33 
CFR part 100 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

0
1. The authority citation for part 100 continues to read as follows:

    Authority: 33 U.S.C. 1233; Department of Homeland Security 
Delegation No. 0170.1.


0
2. From 9 a.m. on January 29, 2005, until 2:30 p.m. on February 5, 
2005, in Sec.  100.734, suspend paragraphs (a), (b) and (c), and add 
new paragraphs (d) and (e) to read as follows:


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

* * * * *
    (d) 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' 18'' N. The regulated area includes 
the following in their entirety: Hillsborough Cut ``D'' Channel, Seddon 
Channel and the Hillsborough River south of the John F. Kennedy Bridge. 
Coordinates Reference Datum, NAD 1983.
    (e) 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 January 29, 2005.
    (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 January 29, 2005, 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 and not officially entered in 
the Gasparilla Marine Parade, must use the alternate route through 
Sparkman Channel.

W.E. Justice,
Captain, U.S. Coast Guard, Acting Commander, Seventh Coast Guard 
District.
[FR Doc. 05-1509 Filed 1-26-05; 8:45 am]
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