Regattas and marine parade: Gasparilla Marine Parade,

[Federal Register: September 21, 1998 (Volume 63, Number 182)]

[Proposed Rules]

[Page 50179-50180]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr21se98-30]

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD07-98-041]

RIN 2115-AE46

Special Local Regulations; Hillsborough Bay, Tampa, FL

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

SUMMARY: Permanent Special Local Regulations are being proposed for the Gasparilla Marine Parade on Hillsborough Bay in Tampa, Florida. This event will be held annually on the first Saturday in February between 10 a.m. and 1:30 p.m. Eastern Standard Time (EST). These regulations are needed to provide for the safety of life on navigable waters during the event.

DATES: Comments must be received on or before November 20, 1998.

ADDRESSES: Comments may be mailed to Commander Coast Guard Group St. Petersburg, 600 8th Avenue SE, St. Petersburg, FL 33701, or may be delivered to the above address between 7:30 a.m. and 4 p.m. Monday through Friday, except Federal holidays. Comments will become part of this docket and will be available for inspection or copying at the above address.

FOR FURTHER INFORMATION CONTACT: LTJG Brian Hill, (305) 536-4250, or Assistant Operations Officer, Coast Guard Group St. Petersburg, FL, (813) 824-7533.

SUPPLEMENTARY INFORMATION:

Request for Comments

The Coast Guard encourages interested persons to participate in this rulemaking by submitting written data, views, or arguments. Persons submitting comments should include their names and addresses, identify this rulemaking [CGD07-98-041] and the specific section of this proposal to which each comment applies and give the reason for each comment.

The Coast Guard shall consider all comments received during the comment period. It may change this proposal in view of the comments. The Coast Guard plans no public hearing. Persons may request a public hearing by writing to Assistant Operations Officer, Coast Guard Group Saint Petersburg at the address under ADDRESSES. The request should include the reasons why a hearing would be beneficial. If the Coast Guard determines that the opportunity for oral presentations will aid this rulemaking, it will hold a public hearing at a time and place announced by a notice in the Federal Register.

Background and Purpose

These regulations are needed to provide for the safety of life, to protect vessels participating in the parade, and to protect marine mammals during the Gasparilla Marine Parade. There will be approximately 750 participants, afloat and ashore, participating in the marine parade. Also, 200-400 spectator craft are expected. The resulting congestion of navigable channels creates an extra or unusual hazard in the navigable waters.

The regulated area will prohibit commercial vessels, jet skis, and vessels without propulsion from entering Hillsborough Bay during the parade, and will establish an idle speed no wake zone inside the regulated area.

Regulatory Evaluation

This proposal is not a significant regulatory action under section 3(f) of Executive Order 12866 and does not require an assessment of potential costs and benefits under section 6(a)(3) of the order. It has been exempted from review by the Office of Management and Budget under that order. It is not significant under the regulatory policies and procedures of the Department of Transportation (DOT) (44 FR 11040; February 26, 1979). The Coast Guard expects the economic impact of this proposal to be so minimal that a full Regulatory Evaluation under paragraph 10e of the regulatory policies and procedures of DOT is unnecessary. This regulation will only be in effect for approximately four hours in a limited area.

Small Entities

Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the Coast Guard must consider whether this proposed rule, if adopted, will have a significant economic impact on a substantial number of small entities. ``Small entities'' include small businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their field, and governmental jurisdictions with populations of less than 50,000.

Therefore, the Coast Guard certifies under section 605(b) that this proposed rule, if adopted will not have a significant effect upon a substantial number of small entities as these regulations will be in effect in a limited area for five hours only one day each year. If, however, you think that your business or organization qualifies as a small entity and that this proposed rule will have a significant economic impact on your business or organization, please submit a comment (see ADDRESSES) explaining why you think it qualifies and in what way and to what degree this proposed rule will economically affect your business.

Collection of Information

This proposed rule contains no collection of information requirements under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).

[[Page 50180]]

Federalism

This action has been analyzed in accordance with the principles and criteria contained in Executive Order 12612, and it has been determined that the rulemaking does not have sufficient Federalism implications to warrant the preparation of a Federalism Assessment.

Environmental Assessment

The Coast Guard has considered the environmental impact of this proposal and has determined pursuant to Figure 2-1, paragraph 34(h) of Commandant Instruction M16475.1C, that this action is categorically excluded from further environmental documentation. A Categorical Exclusion Determination document will be completed during the comment period.

List of Subjects in 33 CFR Part 100

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

Proposed Regulations: In consideration of the foregoing, the Coast Guard proposes to amend Part 100 of Title 33, Code of Federal Regulations as follows:

PART 100--[Amended]

  1. The authority citation for part 100 continues to read as follows:

    Authority: 33 U.S.C. 1233; 49 CFR 1.46 and 33 CFR 100.35.

  2. A new Sec. 100.734 is added 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 a line drawn along latitude 27 deg. 51'30'' N. The regulated area includes the following in their entirety: Hillsborough Cut ``D'' Channel, Sparkman Channel, Ybor Channel and the Hillsborough River south of the John F. Kennedy Bridge. Coordinates Reference Datum: NAD 1983.

    (b) Special Local Regulations. (1) Entry into the regulated area is prohibited to all commercial marine traffic from 9 a.m. to 2:30 p.m. EST on the first Saturday in February.

    (2) The regulated area is an idle speed, ``no wake'' zone.

    (3) All vessels within the regulated area shall stay clear of and give way to all 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 first Saturday in February, 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 not officially entered in the Gasparilla Marine Parade, must use the alternate route through Sparkman Channel.

    (c) Dates. This section becomes effective annually at 9 a.m. and terminate at 2:30 p.m. EST on the first Saturday in February.

    Dated: July 9, 1998. R.C. Olsen, Jr., Acting Captain U.S. Coast Guard, Commander, Seventh Coast Guard District.

    [FR Doc. 98-25162Filed9-18-98; 8:45 am]

    BILLING CODE 4910-15-M

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