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Special Local Regulations; Hillsborough Bay, Tampa, FL

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 [Federal Register: January 5, 2001 (Volume 66, Number 4)]
[Rules and Regulations]
[Page 1044-1045]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05ja01-10]

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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD07-00-124]
RIN 2115-AE46


Special Local Regulations; Hillsborough Bay, Tampa, FL

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is temporarily modifying the special local
regulation for the annual Gasparilla Marine Parade in Tampa, Florida.
The event sponsor changed the event time and date for this year from
the first Saturday in February, 2001, to January 27, 2001. These
regulations are needed to provide for the safety of life on navigable
waters during the event.

DATES: This rule is effective from 8 a.m. to 6 p.m. EST on January 27,
2001.

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 docket CGD 07-00-124 and are available for inspection or
copying at Commander, Coast Guard Group St. Petersburg, 600 8th Avenue,
S.E., St. Petersburg, FL 33701, between 9 a.m. and 4 p.m., Monday
through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Chief Quartermaster Stephen Aykroyd
Coast Guard Group St. Petersburg, Florida at (727) 824-7554.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    We did not publish a notice of proposed rulemaking (NPRM) for this
regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing an NPRM. Publishing an NPRM would have
been impracticable, as there was not sufficient time remaining after
the changes to the event time and date were finalized.
    For the same reasons, 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.

Background and Purpose

    Ye Mystic Krewe of Gasparilla is sponsoring the annual Parade of
Pirates in Hillsborough Bay on January 27, 2001. There will be
approximately four hundred (400) spectator craft. A special local
regulation exists at 33 C.F.R. 100.734 for this event which is usually
held on the first Saturday in February. However, the sponsor changed
the date for this year. These regulations are intended to promote safe
navigation on the waters of Tampa Bay by controlling the traffic
entering, exiting, and traveling within the regulated area.

Regulatory Evaluation

    This rule 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 that order. The
Office of Management and Budget has exempted it from review 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
rule to be so minimal that a full Regulatory Evaluation under paragraph
10e of the regulatory policies and procedures of DOT is unnecessary.
Entry into the regulated area is prohibited for only approximately 10
hours.

[[Page 1045]]

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612) we
considered whether this rule will 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 field,
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 may affect the following entities, some of which
may be small entities: the owners or operators of vessels intending to
transit or anchor in the northern part of Hillsborough Bay on January
27, 2001 from 8 a.m. to 6 p.m.
    This special local regulation will not have a significant economic
impact on a substantial number of small entities because the regulation
will only be in effect for 10 hours in a limited area.

Collection of Information

    This rule contains no collection of information requirements under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    We have analyzed this rule under Executive Order 13132 and have
determined that the rule does not have implications for federalism
under that order.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
governs the issuance of Federal regulations that require unfunded
mandates. An unfunded mandate is a regulation that requires a State,
local, or tribal government or the private sector to incur direct costs
without the Federal Government's having first provided the funds to pay
those costs. This rule will not impose an unfunded mandate.

Taking of Private Property

    This rule will not effect a taking of private property or otherwise
have taking implications under E.O. 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 E.O. 12988, Civil Justice Reform, to minimize litigation, eliminate
ambiguity, and reduce burden.

Protection of Children

    We have analyzed this rule under E.O. 13045, Protection of Children
from Environmental Health Risks and Safety Risks. This rule is not an
economically significant rule and does not concern an environmental
risk to health or risk to safety that may disproportionately affect
children.

Environmental Assessment

    The Coast Guard has considered the environmental impact of this
action and has determined under Figure 2-1, paragraph 34(h) of
Commandant Instruction M16475.1C, that this rule is categorically
excluded from further environmental documentation.

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--MARINE EVENTS

    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. Temporarily suspend Sec. 100.734 and add temporary Sec. 100.35T-
00-124 to read as follows:

Sec. 100.35T-00-124  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 27-51.30N. The regulated area includes the
following in their entirety: Hillsborough Cut ``D'' Channel, Sparkman
Channel, Ybor Channel, Seddon 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 8 a.m. to 6 p.m. EST
on January 27, 2001.
    (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) Personnel water craft 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 January 27, 2001, 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) Date. This rule is effective from 8 a.m. to 6 p.m. EST on
January 27, 2001.

    Dated: December 27, 2000.
G.W. Sutton,
Captain, U.S. Coast Guard, Commander, Seventh Coast Guard District,
Acting.
[FR Doc. 01-345 Filed 1-4-01; 8:45 am]
BILLING CODE 4910-15-U

 
 

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