[Federal Register Volume 83, Number 18 (Friday, January 26, 2018)]
[Rules and Regulations]
[Pages 3599-3601]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-01564]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2017-1102]
RIN 1625-AA08


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

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary special local 
regulation for the 2018 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. 
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: This rule is effective from from 9 a.m. to 6 p.m. on January 27, 
2018.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2017-1102 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
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 is issuing this temporary rule without prior notice 
and opportunity to comment pursuant to authority under section 4(a) of 
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking (NPRM) 
with respect to this rule because immediate action is needed to respond 
to the potential safety hazards associated with this event. It is 
impracticable to publish an NPRM because we must establish this safety 
zone by January 27, 2018.
    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 for the same reasons noted above.

III. Legal Authority and Need for Rule

    The Coast Guard is establishing a special local regulation on the 
waters of the Hillsborough Bay, Tampa, Florida during the 2018 
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. This rule is needed to ensure 
the safety of public, the official flotilla, and spectator vessels on 
these navigable waters of the United States during the 2018 Gasparilla 
Marine Parade. The Coast Guard is issuing this rule under authority in 
33 U.S.C. 1233.

IV. Discussion of the Rule

    This rule establishes a temporary special local regulation for the 
Gasparilla Marine Parade on the waters of Hillsborough Bay in Tampa, 
Florida. 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.

V. Regulatory Analyses

    We developed this 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 13771 directs agencies to control 
regulatory costs through a budgeting process. This rule has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, this rule has not been reviewed by the Office of 
Management and Budget (OMB), and pursuant to OMB guidance it is exempt 
from the requirements of Executive Order 13771.
    This regulatory action determination is based on: (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.

[[Page 3600]]

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 rule 
will not have a significant economic impact on a substantial number of 
small entities.
    While some owners or operators of vessels intending to transit the 
regulated area may be small entities, for the reasons stated in section 
V.A above, this rule will not have a significant economic impact on any 
vessel owner or operator.
    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 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.
    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). 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.

C. Collection of Information

    This rule will 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 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 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. If 
you believe this 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 rule will not result in 
such an expenditure, we do discuss the effects of this rule elsewhere 
in this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security 
Directive 023-01, which guides the Coast Guard in complying with the 
National Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and 
have determined 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. It is categorically 
excluded from further review under paragraph L61 of Appendix A, Table 1 
of DHS Instruction Manual 023-01-001-01, Rev. 01. A Record of 
Environmental Consideration supporting this determination is available 
in the docket where indicated under ADDRESSES.

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.

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 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.

0
2. Add temporary Sec.  100.T07-1102 to read as follows:


Sec.  100.T07-1102   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

[[Page 3601]]

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. on January 27, 2018.

Holly L. Najarian,
Captain, U.S. Coast Guard, Captain of the Port Saint Petersburg.
[FR Doc. 2018-01564 Filed 1-25-18; 8:45 am]
 BILLING CODE 9110-04-P