[Federal Register: January 27, 2005 (Volume 70, Number 17)]
[Rules and Regulations]
[Page 3879-3880]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27ja05-9]
[[Page 3879]]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[CGD 07-05-001]
RIN 1625-AA11
Special Local Regulation; Annual Gasparilla Marine Parade,
Hillsborough Bay, Tampa, FL
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is temporarily changing the regulations
regarding the Annual Gasparilla Marine Parade, Hillsborough Bay, and
Tampa, FL. This action is necessary because the Parade will be held on
January 29, 2005, instead of the first Saturday in February as
established by permanent regulation. Also, the Coast Guard and the
Parade coordinators have agreed on a modified parade route to minimize
security and safety concerns and reduce congestion in the Sparkman and
Ybor channels in vicinity of commercial port facilities.
DATES: This rule is effective from 9 a.m. on January 29, 2005, until
2:30 p.m. on February 5, 2005.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket [CGD 07-05-001] and are available for
inspection or copying at Marine Safety Office Tampa, 155 Columbia
Drive, Tampa, Florida 33606-3598 between 7:30 a.m. and 4 p.m., Monday
through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Lieutenant Junior Grade Jennifer
Andrew at Marine Safety Office Tampa (813) 228-2191 Ext. 8101.
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 for this
rule would be contrary to the public interest since security and safety
concerns in vicinity of commercial facilities on the Sparkman and Ybor
channels require redirection of the parade route in order to minimize
potential danger to the public, the port and waterways. The Coast Guard
will issue a broadcast notice to mariners to advise mariners of the
restriction.
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. To alleviate security and safety
concerns, it is in the public interest that this rule be effective on
the rescheduled date for the event, which will occur prior to 30 days
after publication.
Background and Purpose
The Annual Gasparilla Marine Parade is governed by a permanent
regulation published at 33 CFR 100.734 and is normally held on the
first Saturday in February. This year, the event is being moved to
January 29, 2005, because event coordinators were concerned there would
be a lack of participation if the event was held during the weekend of
the Super Bowl. The effective dates of this rule include the time from
the new date until the date on which the event is normally held in
order to make the regulation enforceable on January 29, 2005 and to
remove existing restrictions normally imposed on the first Saturday in
February.
The proximity of vessels and persons to high profile commercial
port facilities in the Port of Tampa, Florida, as well as waterway
congestion in the vicinity of these facilities, continue to generate
security and safety concerns for the Coast Guard, the marine industry
and the public. To alleviate these concerns, the Coast Guard Captain of
the Port Tampa and event planners for this parade have coordinated
efforts to modify the existing parade route to avoid parade transit and
significant congestion in the vicinity of commercial facilities on the
Sparkman and Ybor channels.
Discussion of Rule
This rule is necessary to accommodate the change in date of the
event and to modify the parade route to reflect the coordinated efforts
of the Coast Guard and event planners. The portions of the parade route
that transit the Sparkman and Ybor channels have been removed from the
parade route for this year's events.
Regulatory Evaluation
This rule is not a ``significant regulatory action'' under section
3(f) of Executive Order 12866, Regulatory Planning and Review, 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 not
reviewed it under that Order. It is not ``significant'' under the
regulatory policies and procedures of the Department of Homeland
Security (DHS).
We expect the economic impact of this rule to be so minimal that a
full Regulatory Evaluation under the policies and procedures of DHS is
unnecessary. The short duration of this regulation would have little,
if any, economic impact.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would 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 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. This rule will affect the following entities, some of which
may be small entities: the owners or operators of vessels intending to
transit or anchor in a portion of Hillsborough Bay and its tributaries
north of a line drawn along latitude 27[deg] 51' 18'' N (Coordinates
Reference Datum: NAD 1983).
The amendments to the current existing regulation will not have a
significant economic impact on a substantial number of small entities
for the following reasons. This rule will be in effect for one day and
only commercial marine traffic will be precluded from entering the
regulated area. Minimal marine traffic is expected to transit this
area. Before the effective period, we will issue maritime advisories
widely available to users of the waterway.
Collection of Information
This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.
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
[[Page 3880]]
State, local, or tribal government, in the aggregate, or by the private
sector of $100,000,000 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.
Taking of Private Property
This rule will not effect a taking of private property or otherwise
have taking implications under Executive Order 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 Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.
Indian Tribal Governments
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.
Energy Effects
We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
Environment
We have analyzed this rule under Commandant Instruction M16475.lD,
which guides the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have concluded that there are no factors in this case that would limit
the use of a categorical exclusion under section 2.B.2 of the
Instruction. Therefore, this rule is categorically excluded, under
figure 2-1, paragraph (34)(h), of the Instruction, from further
environmental documentation. As a special local regulation issued in
conjunction with a marine parade, this rule satisfies the requirements
of paragraph (34)(h). Under figure 2-1, paragraph (34)(h), of the
instruction, an ``Environmental Analysis Check List'' and a draft
``Categorical Exclusion Determination'' are not required for this rule.
List of Subjects in 33 CFR Part 100
Regattas and marine parades.
0
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; Department of Homeland Security
Delegation No. 0170.1.
0
2. From 9 a.m. on January 29, 2005, until 2:30 p.m. on February 5,
2005, in Sec. 100.734, suspend paragraphs (a), (b) and (c), and add
new paragraphs (d) and (e) to read as follows:
Sec. 100.734 Annual Gasparilla Marine Parade; Hillsborough Bay,
Tampa, FL.
* * * * *
(d) 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' 18'' N. The regulated area includes
the following in their entirety: Hillsborough Cut ``D'' Channel, Seddon
Channel and the Hillsborough River south of the John F. Kennedy Bridge.
Coordinates Reference Datum, NAD 1983.
(e) 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 January 29, 2005.
(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 January 29, 2005, 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 and not officially entered in
the Gasparilla Marine Parade, must use the alternate route through
Sparkman Channel.
W.E. Justice,
Captain, U.S. Coast Guard, Acting Commander, Seventh Coast Guard
District.
[FR Doc. 05-1509 Filed 1-26-05; 8:45 am]
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