Special Local Regulation; Gasparilla Marine Parade; Hillsborough Bay; Tampa, FL, 8328-8330 [2021-02172]

Download as PDF 8328 Federal Register / Vol. 86, No. 23 / Friday, February 5, 2021 / Proposed Rules 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 Coast Guard, DHS. Notice of proposed rulemaking. AGENCY: ACTION: 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. SUMMARY: 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. DATES: 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 Michael.D.Shackleford@uscg.mil. SUPPLEMENTARY INFORMATION: FOR FURTHER INFORMATION CONTACT: jbell on DSKJLSW7X2PROD with PROPOSALS I. Table of Abbreviations CFR Code of Federal Regulations DHS Department of Homeland Security FR Federal Register NPRM Notice of proposed rulemaking § 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 VerDate Sep<11>2014 16:29 Feb 04, 2021 Jkt 253001 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 PO 00000 Frm 00020 Fmt 4702 Sfmt 4702 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), E:\FR\FM\05FEP1.SGM 05FEP1 Federal Register / Vol. 86, No. 23 / Friday, February 5, 2021 / Proposed Rules 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. jbell on DSKJLSW7X2PROD with PROPOSALS 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. VerDate Sep<11>2014 16:29 Feb 04, 2021 Jkt 253001 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 PO 00000 Frm 00021 Fmt 4702 Sfmt 4702 8329 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 1. The authority citation for part 100 continues to read as follows: ■ Authority: 46 U.S.C. 70041; 33 CFR 1.05– 1. 2. Add § 100.T07–0703 to read as follows: ■ § 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°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. E:\FR\FM\05FEP1.SGM 05FEP1 8330 Federal Register / Vol. 86, No. 23 / Friday, February 5, 2021 / Proposed Rules (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°53′53″ N, 082°27′47″ W; 27°53′22″ N, 082°27′10″ W; 27°52′36″ N, 082°27′55″ W; 27°53′02″ N, 082°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 POSTAL REGULATORY COMMISSION 39 CFR Part 3030 [Docket No. RM2021–2; Order No. 5816] Market Dominant Products Postal Regulatory Commission. Advance notice of proposed rulemaking. Enhancement Act (PAEA) particularly related to maximizing incentives to increase efficiency and reduce costs, maintaining high-quality service standards, and assuring financial stability (including retained earnings). This advance notice informs the public of the docket’s initiation, invites public comment, and takes other administrative steps. DATES: Comments are due: April 15, 2021. Reply comments are due: May 17, 2021. Submit comments electronically via the Commission’s Filing Online system at http:// www.prc.gov. Those who cannot submit comments electronically should contact the person identified in the FOR FURTHER INFORMATION CONTACT section by telephone for advice on filing alternatives. ADDRESSES: FOR FURTHER INFORMATION CONTACT: David A. Trissell, General Counsel, at 202–789–6820. SUPPLEMENTARY INFORMATION: Table of Contents I. Introduction II. Background III. Substantive Areas for Further Refinement IV. Administrative Actions V. Ordering Paragraphs I. Introduction Pursuant to 39 U.S.C. 3622(d)(3), the Commission issues this advance notice of proposed rulemaking to seek input from the public about what additional regulations promulgated by the Commission may be necessary to achieve the objectives of the Postal Accountability and Enhancement Act (PAEA) 1 over the longer-term, particularly related to maximizing incentives to increase efficiency and reduce costs, maintaining high-quality service standards, and assuring financial stability (including retained earnings). II. Background In Docket No. RM2017–3, the Commission found that the existing Market Dominant ratemaking system did not achieve the PAEA’s objectives during the 10 years following the PAEA’s enactment.2 The Commission’s AGENCY: jbell on DSKJLSW7X2PROD with PROPOSALS ACTION: The Commission is initiating a review seeking input from the public about what additional regulations promulgated by the Commission may be necessary to achieve the objectives of the Postal Accountability and SUMMARY: VerDate Sep<11>2014 16:29 Feb 04, 2021 Jkt 253001 1 Public Law 109–435, 201, 120 Stat. 3198, 3204 (2006). 2 See Docket No. RM2017–3, Order Adopting Final Rules for the System of Regulating Rates and Classes for Market Dominant Products, November 30, 2020, at 2 (Order No. 5763); see also Docket No. RM2017–3, Revised Notice of Proposed Rulemaking, December 5, 2019, at 7 (Order No. 5337); Docket No. RM2017–3, Notice of Proposed Rulemaking for the System for Regulating Rates and Classes for Market Dominant Products, December 1, PO 00000 Frm 00022 Fmt 4702 Sfmt 4702 findings were premised in part on the existing ratemaking system’s inability to assure financial stability (including retained earnings), maximize incentives to reduce costs and increase efficiency, and maintain high-quality service standards. See Order No. 4257 at 3–5, 274–275. During the PAEA era, the existing ratemaking system was inadequate, which resulted in an accumulated deficit,3 maximum use of the Postal Service’s borrowing authority and a sharp decline in capital investments,4 operational efficiency increases and cost reductions that were insufficient to achieve overall financial stability and/or retained earnings,5 and reduction of the high-quality service standards that were set in 2007.6 In response, the Commission modified the ratemaking system’s design to encourage and enable the Postal Service to address its complex challenges by making prudent pricing and operational decisions. See Order No. 5763 at 285. Among other changes made, the modified rules provide additional rate authority to address two underlying drivers of the Postal Service’s net losses that are largely outside of its direct and near-term control: (1) The increase in per-unit cost resulting from the decline in mail density for each fiscal year under subpart D of 39 CFR part 3030 of this chapter; and (2) the statutorily mandated amortization payments for particular retirement costs under subpart E of 39 CFR part 3030 of this chapter. See id. These principled adjustments to the price cap made by the Commission in Docket No. RM2017– 2017, at 26 (Order No. 4258); Docket No. RM2017– 3, Order on the Findings and Determination of the 39 U.S.C. 3622 Review, December 1, 2017, at 3–5, 274–275 (Order No. 4257). 3 See Order No. 4257 at 171–172 (describing how the consecutive net losses resulted in an accumulated deficit). 4 The Postal Service lacks shareholders and instead must finance capital investments through revenue or through borrowing. Order No. 4258 at 48–49. Therefore, as consecutive years of net losses resulted in an accumulated deficit, the Postal Service relied heavily on its borrowing authority, deferred capital investments, and increased its cash reserves. See id. at 46–52. 5 Order No. 4257 at 222, 274–275 (summarizing that while some cost reductions and efficiency gains were achieved post-PAEA, they were insufficient to achieve financial stability in the medium term and long term). 6 Id. at 273. The two major service standard changes in the first 10 years after the passage of the PAEA were reviewed by the Commission, prior to implementation, in Docket Nos. N2012–1 and N2014–1. The ‘‘Network Rationalization’’ initiative implemented by the Postal Service included changes to the service standards for First-Class Mail, Periodicals, USPS Marketing Mail, and Package Services. The ‘‘Load Leveling’’ initiative included changes to the service standards for USPS Marketing Mail. Id. at 264–273. E:\FR\FM\05FEP1.SGM 05FEP1

Agencies

[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]



[[Page 8328]]

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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.

-----------------------------------------------------------------------

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),

[[Page 8329]]

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.

[[Page 8330]]

    (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