[Federal Register Volume 82, Number 238 (Wednesday, December 13, 2017)]
[Proposed Rules]
[Pages 58578-58580]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-26830]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2017-0332]
RIN 1625-AA08


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

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing a special local regulation for 
the annual Gasparilla Marine Parade on the waters of Hillsborough Bay 
in the vicinity of Tampa, Florida. This event is expected to attract 
over 600 spectator craft along the parade route, with approximately 18 
vessels participating in the official flotilla. The parade is scheduled 
to take place annually on the last Saturday in January. This regulation 
is necessary to ensure the safety of public, the official flotilla, and 
spectator vessels before, during, and after the conclusion of the 
parade.

DATES: Comments and related material must be received by the Coast 
Guard on or before January 12, 2018.

ADDRESSES: You may submit comments identified by docket number USCG-
2017-0332 using the Federal eRulemaking Portal at http://www.regulations.gov. See the ``Public Participation and Request for 
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further 
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this 
proposed rulemaking, call or email Marine Science Technician First 
Class Michael D. Shackleford, Sector St. Petersburg Prevention 
Department, Coast Guard; telephone (813)228-2191, email 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Pub. L. Public Law
Sec.  Section
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    The Coast Guard proposes to establish a special local regulation on 
the waters of the Hillsborough Bay, Tampa, Florida

[[Page 58579]]

during the annual Gasparilla Marine Parade. This event is expected to 
attract over 600 spectator craft along the parade route, with 
approximately 18 vessels participating in the official flotilla. The 
parade is scheduled to take place annually on the last Saturday in 
January. This proposed rulemaking is necessary to ensure the safety of 
public, the official flotilla, and spectator vessels on these navigable 
waters of the United States during the Annual Gasparilla Marine Parade. 
The Coast Guard proposes this rulemaking under authority in 33 U.S.C. 
1233.

III. Discussion of Proposed Rule

    This rule establishes a temporary special local regulation for the 
Gasparilla Marine Parade on the waters of Hillsborough Bay in Tampa, 
Florida annually on the last saturday in January. This special 
regulation sets forth specific requirements for vessels operating 
within the regulated area during the period of enforcement.
    Persons and vessels not meeting the requirements of this regulation 
may request authorization to enter, transit through, anchor in, or 
remain within the regulated area by contacting the Captain of the Port 
St. Petersburg by telephone at (727) 824-7506, or a designated 
representative via VHF radio on channel 16. If authorization to enter, 
transit through, anchor in, or remain within the regulated area is 
granted by the Captain of the Port St. Petersburg or a designated 
representative, all persons and vessels receiving such authorization 
must comply with the instructions of the Captain of the Port St. 
Petersburg or a designated representative. The Coast Guard will provide 
notice of the special local regulations by Local Notice to Mariners, 
Broadcast Notice to Mariners, and/or on-scene designated 
representatives.

IV. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes 
and Executive Orders related to rulemaking. Below we summarize our 
analyses based on a number of these statutes and Executive Orders, and 
we discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. Executive Order 13563 emphasizes the importance of 
quantifying both costs and benefits, of reducing costs, of harmonizing 
rules, and of promoting flexibility. This NPRM has not been designated 
a ``significant regulatory action,'' under Executive Order 12866. 
Accordingly, the NPRM has not been reviewed by the Office of Management 
and Budget.
    The economic impact of this rule is not significant for the 
following reasons: (1) The special local regulation will be enforced 
for only nine hours; (2) although certain persons and vessels are 
prohibited to enter, transit through, anchor in, or remain within the 
regulated area without authorization from the Captain of the Port St. 
Petersburg or a designated representative, they may operate in the 
surrounding area during the enforcement period; (3) the Coast Guard 
will provide advance notification of the special local regulations to 
the local maritime community by Local Notice to Mariners and/or 
Broadcast Notice to Mariners; and (4) persons and vessels not meeting 
the requirements of this regulation may request authorization to enter, 
transit through, anchor in, or remain within the regulated area by 
contacting the Captain of the Port or a designated representative.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, requires Federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. 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 may affect the following entities, some of which may be 
small entities: The owners or operators of vessels intending to enter, 
transit through, anchor in, or remain within that portion of 
Hillsborough Bay, Tampa, FL, encompassed within the special local 
regulation annually on the last saturday in January. For the reasons 
stated in section IV.A above, this rule will not have a significant 
economic impact on a substantial number of small entities.
    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.
    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. 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 the person listed in the FOR FURTHER INFORMATION CONTACT 
section. The Coast Guard will not retaliate against small entities that 
question or complain about this proposed rule or any policy or action 
of the Coast Guard.

C. Collection of Information

    This proposed rule would not call for a new collection of 
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this proposed rule under that Order and 
have determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, 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. If 
you believe this proposed rule has implications for federalism or 
Indian tribes, please contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section above.

E. 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 (adjusted for 
inflation) or more in any one year. Though this proposed rule would not 
result in such an expenditure, we do discuss the

[[Page 58580]]

effects of this rule elsewhere in this preamble.

F. Environment

    We have analyzed this proposed rule under Department of Homeland 
Security Management Directive 023-01 and Commandant Instruction 
M16475.lD, which guide the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made 
a preliminary determination that this action is one of a category of 
actions that do not individually or cumulatively have a significant 
effect on the human environment. This rule involves a special local 
regulation issued in conjunction with a regatta or marine parade. This 
rule is categorically excluded from further review under paragraph (34) 
(h) of Figure 2-1 of Commandant Instruction M16475.lD. We seek any 
comments or information that may lead to the discovery of a significant 
environmental impact from this proposed rule.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places, or vessels.

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking, 
and will consider all comments and material received during the comment 
period. Your comments can help shape the outcome of this rulemaking. If 
you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this document to which 
each comment applies, and provide a reason for each suggestion or 
recommendation.
    We encourage you to submit comments through the Federal eRulemaking 
Portal at http://www.regulations.gov. If your material cannot be 
submitted using http://www.regulations.gov, contact the person in the 
FOR FURTHER INFORMATION CONTACT section of this document for alternate 
instructions.
    We accept anonymous comments. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and the 
docket, you may review a Privacy Act notice regarding the Federal 
Docket Management System in the March 24, 2005, issue of the Federal 
Register (70 FR 15086).
    Documents mentioned in this NPRM as being available in the docket, 
and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that website's 
instructions. Additionally, if you go to the online docket and sign up 
for email alerts, you will be notified when comments are posted or a 
final rule is published.

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--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.

0
2. Revise Sec.  100.734 to read as follows:


Sec.  100.734   Special Local Regulation; Gasparilla Marine Parade; 
Hillsborough Bay; Tampa, FL.

    (a) Regulated area. A regulated area is established consisting of 
the following waters of Hillsborough Bay and its tributaries north of 
27[deg]51'18'' N and south of the John F. Kennedy Bridge: Hillsborough 
Cut ``D'' Channel, Seddon Channel, Sparkman Channel and the 
Hillsborough River south of the John F. Kennedy Bridge. All coordinates 
referenced use datum: NAD 83.
    (b) Regulations. (1) Entrance into the regulated area is prohibited 
to all commercial marine traffic from 9 a.m. to 6 p.m. EST on the day 
of the event.
    (2) The regulated area will include a 100 yard Safety Zone around 
the vessel JOSE GASPAR while docked at the Tampa Yacht Club until 6 
p.m. EST on the day of the event.
    (3) The regulated area is a ``no wake'' zone.
    (4) 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.
    (5) 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.
    (6) Jet skis and vessels without mechanical propulsion are 
prohibited from the parade route.
    (7) Vessels less than 10 feet in length are prohibited from the 
parade route unless capable of safely participating.
    (8) Vessels found to be unsafe to participate at the discretion of 
a present Law Enforcement Officer are prohibited from the parade route.
    (9) Northbound vessels in excess of 65 feet in length without 
mooring arrangement 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.
    (10) 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 rule will be enforced from 9 a.m. to 6 
p.m. annually on the last Saturday in January.

Holly L. Najarian,
Captain, U.S. Coast Guard, Captain of the Port Saint Petersburg.
[FR Doc. 2017-26830 Filed 12-12-17; 8:45 am]
 BILLING CODE 9110-04-P