[Federal Register Volume 66, Number 4 (Friday, January 5, 2001)]
[Rules and Regulations]
[Pages 1044-1045]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-345]


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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]
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