[Federal Register Volume 86, Number 23 (Friday, February 5, 2021)]
[Proposed Rules]
[Pages 8328-8330]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-02172]



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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2020-0703]
RIN 1625-AA08


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

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard is proposing to establish a temporary special 
local regulation for the 2021 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 
parade. We invite your comments on this proposed rulemaking.

DATES: Comments and related material must be received by the Coast 
Guard on or before March 8, 2021.

ADDRESSES: You may submit comments identified by docket number USCG-
2020-0703 using the Federal eRulemaking Portal at https://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
Sec.  Section
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    On November 23, 2020, Ye Mystic Krewe of Gasparilla notified the 
Coast Guard that it will be rescheduling the Gasparilla Invasion and 
Parade from its normal day in Janaury, to April 17, 2021, from 11:30 to 
2:00 p.m. The event will occur on certain waters of Hillborough bay, 
Tampa, Florida. The Captain of the Port St. Petersburg (COTP) has 
determined that potential hazards associated with the large gathering 
of vessels during the parade would be a safety concern for anyone 
within the event area.
    The purpose of this rulemaking is to ensure the safety of public, 
the official flotilla, and spectator vessels on these navigable waters 
of the United States before, during, and after the scheduled event. The 
Coast Guard is proposing this rulemaking under authority in 46 U.S.C. 
70034 (previously 33 U.S.C. 1231).

III. Discussion of Proposed Rule

    The COTP is proposing to establish a special local regulation from 
9:00 a.m. to 6:00 p.m. on April 17, 2021. The special local regulation 
would cover certain waters of Hillsborough Bay in Tampa, Florida and 
set 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 13771 directs agencies to control 
regulatory costs through a budgeting process. 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 (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.

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.
    While some owners or operators of vessels intending to transit the 
safety zone may be small entities, for the reasons stated in section 
IV.A above, this proposed rule would not have a significant economic 
impact on any vessel owner or operator.
    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),

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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 call or email 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 call or email the person listed in the FOR 
FURTHER INFORMATION CONTACT section.

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 effects of this rule 
elsewhere in this preamble.

F. Environment

    We have analyzed this proposed rule under Department of Homeland 
Security Directive 023-01, Rev. 1, associated implementing 
instructions, and Environmental Planning COMDTINST 5090.1 (series), 
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 proposed rule involves a special 
local regulation issued in conjunction with a regatta or marine parade. 
Normally such actions are categorically excluded from further review 
under paragraph L(60a) of Appendix A, Table 1 of DHS Instruction Manual 
023-01-001-01, Rev. 1. A preliminary Record of Environmental 
Consideration supporting this determination is available in the docket. 
For instructions on locating the docket, see the ADDRESSES section of 
this preamble. 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 call or email 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 comment 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 https://www.regulations.gov. If your material cannot be 
submitted using https://www.regulations.gov, call or email 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 https://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and 
submissions in response to this document, see DHS's eRulemaking System 
of Records notice (85 FR 14226, March 11, 2020).
    Documents mentioned in this NPRM as being available in the docket, 
and all public comments, will be in our online docket at https://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 is 
proposing 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: 46 U.S.C. 70041; 33 CFR 1.05-1.

0
2. Add Sec.  100.T07-0703 to read as follows:


Sec.  100.T07-0703  Special Local Regulation; Gasparilla Marine Parade; 
Hillsborough Bay; Tampa, FL.

    (a) Regulated Areas: (1) 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,Tampa, Florida. All coordinates referenced use datum: NAD 83.
    (2) All navigable waters within a 100 yards around the vessel JOSE 
GASPAR while docked at the Tampa Yacht Club and Tampa Convention 
Center, Tampa, Florida.
    (3) 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.
    (b) Special Local Regulations. (1) All vessels within the regulated 
area in paragraph (a) of this section must stay 50 feet away from and 
give way to all officially entered vessels in parade formation in the 
Gasparilla Marine Parade.

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    (2) Jet skis and vessels without mechanical propulsion are 
prohibited from the parade route.
    (3) Vessels less than 10 feet in length are prohibited from the 
parade route unless capable of safely participating.
    (4) Vessels found to be unsafe to participate at the discretion of 
a present law enforcement officer are prohibited from the parade route.
    (5) 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.
    (6) 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.
    (7) Designated representatives may control vessel traffic 
throughout the enforcement area as determined by the prevailing 
conditions.
    (8) Persons and vessels may request authorization to enter, transit 
through, anchor in, or remain within the regulated areas by contacting 
the COTP St. Petersburg by telephone at (727) 824-7506, or a designated 
representative via VHF radio on channel 16. If authorization is 
granted, all persons and vessels receiving such authorization must 
comply with the instructions of the COTP St. Petersburg or a designated 
representative.
    (d) Enforcement Period. This rule will be enforced from 9 a.m. to 6 
p.m. on April 17, 2021.

    Dated: January 13, 2021.
Matthew A. Thompson,
Captain, U.S. Coast Guard, Captain of the Port St. Petersburg.
[FR Doc. 2021-02172 Filed 2-4-21; 8:45 am]
BILLING CODE 9110-04-P