[Federal Register Volume 71, Number 244 (Wednesday, December 20, 2006)]
[Rules and Regulations]
[Pages 76152-76153]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-21645]



[[Page 76152]]

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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: Final rule.

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SUMMARY: The Coast Guard is amending the permanent special local 
regulation for the Annual Gasparilla Marine Parade, Hillsborough Bay, 
and Tampa Bay, FL. This rule will change the date of the event 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: This rule is effective January 19, 2007.

ADDRESSES: Comments and material received from the public, as well as 
documents indicated in this preamble as being available in the docket, 
are part of [CGD 07-05-156] and are available for inspection or copying 
at Coast Guard Sector St. Petersburg, Prevention Department, 155 
Columbia Dr. Tampa, Florida 33606-3598 between 7:30 a.m. and 3:30 p.m., 
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: LT Ronaydee Marquez at Coast Guard 
Sector St. Petersburg (813) 228-2191, Ext. 8307.

SUPPLEMENTARY INFORMATION: 

Regulatory Information

    On July 7, 2006 we published a notice of proposed rulemaking (NPRM) 
entitled Special Local Regulation; Annual Gasparilla Marine Parade in 
the Federal Register (71 FR 38561). We received no letters commenting 
on the proposed rule. No public meeting was requested, and none was 
held.

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 will 
prohibit vessels not officially entered in the parade from entering the 
area and allow for the lineup of 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 this parade.

Discussion of Comments and Changes

    No comments were received for this rule.

Discussion of 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. This regulation will change the 
enforcement date from the first Saturday in February to the last 
Saturday in January. It will also prohibit vessels not officially 
entered in the parade from entering the parade staging area and 
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 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 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 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 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]51'18'' (Coordinates 
Referenced Datum: NAD 83).
    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 enforced for only 5.5 
hours a year. Before the effective period, we will issue maritime 
advisories widely available to users of the waterway.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we offered to assist small 
entities in understanding the rule so that they could better evaluate 
its effects on them and participate in the rulemaking process. Small 
businesses may send comments on the actions of Federal employees who 
enforce, or otherwise determine compliance with, Federal regulations to 
the Small Business and Agriculture Regulatory Enforcement Ombudsman and 
the Regional Small Business Regulatory Fairness Boards. The Ombudsman 
evaluates these actions annually and rates each agency's responsiveness 
to small business. If you wish to comment on actions by employees of 
the Coast Guard, call 1-888-REG-FAIR (1-888-734-3247).

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

[[Page 76153]]

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 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 
and Department of Homeland Security Management Directive 5100.1, which 
guide 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 ``Categorical Exclusion 
Determination'' are not required for this rule.

List of Subjects in 33 CFR Part 100

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

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

PART 100--MARINE EVENTS & REGATTAS

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. 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 and south of the John F. Kennedy Bridge. 
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 day 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: November 9, 2006.
D.W. Kunkel,
RADM, U.S. Coast Guard, Commander, Seventh Coast Guard District.
[FR Doc. E6-21645 Filed 12-19-06; 8:45 am]
BILLING CODE 4910-15-P