[Federal Register Volume 71, Number 130 (Friday, July 7, 2006)]
[Proposed Rules]
[Pages 38561-38563]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-10583]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[CGD 07-05-156]
RIN 1625-AA08


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

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to amend the permanent special local 
regulation for the Annual Gasparilla Marine Parade, Hillsborough Bay, 
and Tampa Bay, FL. This proposed rule would change the date of the 
event by moving it up one week, from the first weekend in February to 
the last weekend in January. Additionally, this regulation will create 
a parade staging area and a 50 foot safety zone around officially 
entered parade boats during the parade. This action is necessary 
because the date on which the parade is held annually has changed. 
Restricting access to the parade staging area box is necessary to 
ensure the official parade boats are properly lined up to begin the 
parade. A 50 foot safety zone around officially entered parade boats is 
necessary to ensure the safety of the parade participants due to safety 
concerns caused by an increasing number of spectator vessels that 
gather to watch the parade.

DATES: Comments and related material must reach the Coast Guard on or 
before September 5, 2006.

ADDRESSES: You may mail comments and related material to Coast Guard 
Sector St. Petersburg, Prevention Department, 155 Columbia Drive, 
Tampa, Florida 33606-3598. The Waterways Management Division maintains 
the public docket for this rulemaking. Comments and material received 
from the public, as well as documents indicated in this preamble as 
being available in the docket, will become part of this docket and will 
be available for inspection or copying at Coast Guard Sector St. 
Petersburg between 7:30 a.m. and 3:30 p.m., Monday through Friday, 
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Waterways Management Division at Coast 
Guard Sector St. Petersburg, (813) 228-2191, Ext. 8307.

SUPPLEMENTARY INFORMATION:

Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related material. If you do so, please include your name 
and address, identify the docket number for this rulemaking (CGD 07-05-
156), indicate the specific section of this document to which each 
comment applies, and give the reason for each comment. Please submit 
all comments and related material in an unbound format, no larger than 
8\1/2\ by 11 inches, suitable for copying. If you would like to know 
they reached us, please enclose a stamped, self-addressed postcard or 
envelope. We will consider all comments and material received during 
the comment period. We may change this proposed rule in view of them.

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for a meeting by writing to Coast Guard Sector St. Petersburg 
at the address under ADDRESSES explaining why one would be beneficial. 
If we determine that one would aid this rulemaking, we will hold one at 
a time and place announced by a later notice in the Federal Register.

Background and Purpose

    The Annual Gasparilla Marine Parade is currently held annually on 
the first Saturday in February and is governed by a permanent 
regulation published at 33 CFR 100.734. The Annual Gasparilla Marine 
Parade has been moved permanently to the last Saturday in January. Law 
enforcement officials have also identified a need for a parade staging 
area for vessels officially entered in the parade. This area would 
prohibit vessels not officially entered in the parade from entering the 
area and allow for the safe movement and lineup of the official boats 
prior to the start of the parade. Law enforcement personnel also 
identified a need for a 50 foot safety zone around all official parade 
boats during the parade due to safety concerns associated with an 
increased number of spectator vessels that gather to watch the parade.

Discussion of Proposed Rule

    This rule is necessary to accommodate the change in the date of the 
event, to create a parade staging area, and to create a 50 foot safety 
area around all official parade boats. The regulation would change the 
enforcement date from the first Saturday in February to the last 
Saturday in January. It would also prohibit vessels not officially 
entered in the parade from entering the parade staging area and

[[Page 38562]]

prohibit vessels from entering within 50 feet of all officially entered 
parade boats during the parade without prior permission of Coast Guard 
Sector St. Petersburg.

Regulatory Evaluation

    This proposed 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 proposed rule to be so 
minimal that a full Regulatory Evaluation under the regulatory 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 proposed 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 proposed 
rule would not have a significant economic impact on a substantial 
number of small entities. This rule will effect 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[min]18[sec] 
(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 is effective for one day and only 
commercial marine traffic will be precluded from entering the regulated 
area. Before the effective period, we will issue maritime advisories 
widely available to users of the waterway.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this proposed rule so that they can better 
evaluate its effects on them and participate in the rulemaking. If the 
rule would affect your small business, organization, or governmental 
jurisdiction and you have questions concerning its provisions or 
options for compliance, please contact 1-888-REG-FAIR (1-888-734-3247). 
The Coast Guard will not retaliate against small entities that question 
or complain about this rule or any policy or action of the Coast Guard.

Collection of Information

    This proposed rule would call 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 proposed rule 
under that Order and have determined that it does not have implications 
for federalism. 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 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 proposed rule would not result in 
such an expenditure, we do discuss the effects of this rule elsewhere 
in this preamble.

Taking of Private Property

    This proposed rule would not affect 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 proposed 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 proposed rule under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety 
Risks. This rule is not an economically significant rule and would not 
create an environmental risk to health or risk to safety that might 
disproportionately affect children.

Indian Tribal Governments

    This proposed rule does not have tribal implications under 
Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it would 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 proposed 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 proposed rule does not use technical standards. Therefore, we 
did

[[Page 38563]]

not consider the use of voluntary consensus standards.

Environment

    We have analyzed this proposed 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 made a preliminary determination 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, we believe that this rule should 
be 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 
proposed rule satisfies the requirements of paragraph (34)(h).
    Under figure 2-1, paragraph (34)(h), of the Instruction, an 
``Environmental Analysis Check List'' is not required for this rule. 
Comments on this section will be considered before we make the final 
decision on whether to categorically exclude this rule from further 
environmental review.

List of Subjects in 33 CFR Part 100

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

    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 33 CFR part 100 as follows:

PART 100--MARINE EVENTS & REGATTAS

    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.

    2. Revise Sec.  100.734 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 27[deg] 
51'18'' north latitude. 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. All coordinates 
referenced use datum: NAD 83.
    (b) Special local regulations. (1) Entrance into the regulated area 
is prohibited to all commercial marine traffic from 9 a.m. to 2:30 p.m. 
EST on the date of the event.
    (2) The regulated area is a ``no wake'' zone.
    (3) All vessels within the regulated area shall stay 50 feet away 
from and give way to all officially entered 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 date of the event 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.
    (7) Vessels not officially entered in the Gasparilla Marine Parade 
may not enter the Parade staging area box within the following 
coordinates:

27[deg]53'53'' N 082[deg]27'47'' W
27[deg]53'22'' N 082[deg]27'10'' W
27[deg]52'36'' N 082[deg]27'55'' W
27[deg]53'02'' N 082[deg]28'31'' W

    (c) Enforcement Period. This section will be enforced from 9 a.m. 
until 2:30 p.m. EST, annually on the last Saturday in the month of 
January.

    Dated: June 20, 2006.
D.W. Kunkel,
RADM, U.S. Coast Guard, Commander, Seventh Coast Guard District.
 [FR Doc. E6-10583 Filed 7-6-06; 8:45 am]
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