Proposed Rule2022-06492
Special Local Regulations; Recurring Marine Events, Sector St. Petersburg
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
March 29, 2022
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard proposes to revise existing regulations by removing an event that no longer takes place, and by updating the location of an existing event in the geographic boundaries of the Seventh Coast Guard District Captain of the Port (COTP) St. Petersburg Zone. The Coast Guard invites your comments on this proposed rulemaking.
Full Text
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<title>Federal Register, Volume 87 Issue 60 (Tuesday, March 29, 2022)</title>
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[Federal Register Volume 87, Number 60 (Tuesday, March 29, 2022)]
[Proposed Rules]
[Pages 17957-17961]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-06492]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2022-0086]
RIN 1625-AA08
Special Local Regulations; Recurring Marine Events, Sector St.
Petersburg
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes to revise existing regulations by
removing an event that no longer takes place, and by updating the
location of an existing event in the geographic boundaries of the
Seventh Coast Guard District Captain of the Port (COTP) St. Petersburg
Zone. The Coast Guard invites your comments on this proposed
rulemaking.
DATES: Comments and related material must be received by the Coast
Guard on or before April 28, 2022.
ADDRESSES: You may submit comments identified by docket number USCG-
2022-0086 using the Federal eRulemaking Portal at <a href="http://www.regulations.gov">http://www.regulations.gov</a>. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.
[[Page 17958]]
FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email Marine Science Technician Second
Class Regina L. Cuevas, Sector St. Petersburg Prevention Department,
Coast Guard; telephone (813) 228-2191, email <a href="/cdn-cgi/l/email-protection#83d1e6e4eaede2adcfadc0f6e6f5e2f0c3f6f0e0e4adeeeaef"><span class="__cf_email__" data-cfemail="a6f4c3c1cfc8c788ea88e5d3c3d0c7d5e6d3d5c5c188cbcfca">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port
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
This rulemaking pertains to the recurring marine events in the
geographic boundaries of the Seventh Coast Guard District Captain of
the Port (COTP) St. Petersburg Zone that are listed in 33 CFR 100.703,
Table 1 to Sec. 100.703. Three of these events in Table 1 to Sec.
100.703 need corrections. The first change is in Line No. 4, ``The St.
Pete Beach Grand Prix of the Gulf/Powerboat P-1 USA, LLC.'' The event
sponsor has changed the time of year that it plans to host the event
from June to September. The sponsor has also requested to move the
event from St. Petersburg Beach, on the Gulf of Mexico, to the waters
of Tampa Bay, adjacent to the St. Petersburg Pier. In addition, this
event will appear in Line No. 5 instead of Line No. 4 in the Table. The
second change is for ``The Battle of the Bridges/Sarasota Sculler Youth
Rowing Program, hosted in Venice, FL,'' in September. This event
appears in Line No. 6 in the Table. This event sponsor has halted all
events for the foreseeable future. Therefore, we will be removing this
event from the Table.
The Coast Guard proposes this rulemaking under authority in 46
U.S.C. 70041.
III. Discussion of Proposed Rule
This rule proposes to make the following changes in 33 CFR 100.703:
1. Move the event listed in Table 1 to Sec. 100.703, Line No.
5, ``Sarasota Powerboat Grand Prix/Powerboat P-1 USA, LLC to Line
No. 4. We are not making any other changes to this event.
2. Move Table 1 to Sec. 100.703, Line No. 4 to Line No. 5, and
revise the event to reflect a name change, course location, and date
and time for the event.
3. Delete the event listed in Table 1 to Sec. 100.703, Line No.
6, ``Battle of the Bridges/Sarasota Scullers Youth Rowing Program.''
Marine events listed in Table 1 to Sec. 100.703 are listed as
recurring over a particular time, during each month and each year.
Exact dates are intentionally omitted since calendar dates for specific
events change from year to year. Once dates for a marine event are
known, the Coast Guard notifies the public it intends to enforce the
special local regulation through various means including a notice of
enforcement published in the Federal Register, Local Notice to
Mariners, and Broadcast Notice to Mariners.
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 the size,
location, and duration of the special local regulations. These areas
are limited in size and duration, and usually do not affect high vessel
traffic areas. Moreover, the Coast Guard would provide advance notice
of the regulated areas to the local maritime community by Local Notice
to Mariners, Broadcast Notice to Mariners via VHF-FM marine channel 16,
and the rule would allow vessels to seek permission to enter the
regulated area.
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), 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 contact 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
[[Page 17959]]
implications for federalism or Indian tribes, please contact 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 removing
one event from the list of recurring marine events in the COTP St.
Petersburg Zone, and revising an existing recurring event to reflect a
name change, course location, and date and time for the event. Normally
such actions are categorically excluded from further review under
paragraphs L61 in Table 3-1 of Appendix A, Table 1 of DHS Instruction
Manual 023-01-001-01, Rev. 1, because it involves a revised special
local regulation related to a marine event permit for marine parades,
regattas, and other marine events. 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 contact 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 <a href="http://www.regulations.gov">http://www.regulations.gov</a>. If your material cannot be
submitted using <a href="http://www.regulations.gov">http://www.regulations.gov</a>, contact 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 <a href="http://www.regulations.gov">http://www.regulations.gov</a> and will include any
personal information you have provided. For more about privacy and the
docket, visit <a href="http://www.regulations.gov/privacyNotice">http://www.regulations.gov/privacyNotice</a>.
Documents mentioned in this NPRM as being available in the docket,
and all public comments, will be in our online docket at <a href="http://www.regulations.gov">http://www.regulations.gov</a> 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
Harbors, Marine safety, navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR parts 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. In Sec. 100.703, revise Table 1 to read as follows:
* * * * *
Table 1 to Sec. 100.703--Special Local Regulations; Recurring Marine
Events, Sector St. Petersburg
[Datum NAD 1983]
------------------------------------------------------------------------
Date/time Event/sponsor Location Regulated area
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1. One Saturday Gasparilla Tampa, Florida. Location: A
in January, Invasion and regulated area is
Time Parade/Ye established
(Approximate): Mystic Krewe consisting of the
11:30 a.m. to 2 of Gasparilla. following waters of
p.m. 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.
Additional
Regulation: (1)
Entrance into the
regulated area is
prohibited to all
commercial marine
traffic from 9 a.m.
to 6 p.m. EST on
the day of the
event.
(2) The regulated
area will include a
100 yard Safety
Zone around the
vessel JOSE GASPAR
while docked at the
Tampa Yacht Club
until 6 p.m. EST on
the day of the
event.
(3) The regulated
area is a ``no
wake'' zone.
(4) All vessels
within the
regulated area
shall stay 50 feet
away from and give
way to all
officially entered
vessels in parade
formation in the
Gasparilla Marine
Parade.
(5) 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.
(6) Jet skis and
vessels without
mechanical
propulsion are
prohibited from the
parade route.
(7) Vessels less
than 10 feet in
length are
prohibited from the
parade route unless
capable of safely
participating.
(8) Vessels found to
be unsafe to
participate at the
discretion of a
present Law
Enforcement Officer
are prohibited from
the parade route.
[[Page 17960]]
(9) 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.
(10) 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.
2. One Saturday Bradenton Area Bradenton, FL.. Location(s)
in February, River Regatta/ Enforcement Area
Time City of #1. All waters of
(Approximate): Bradenton. the Manatee River
9:00 a.m. to between the Green
9:00 p.m. Bridge and the CSX
Train Trestle
contained within
the following
points:
27[deg]30'43'' N,
082[deg]34'20'' W,
thence to position
27[deg]30'44'' N,
082[deg]34'09'' W,
thence to position
27[deg]30'00'' N,
082[deg]34'04'' W,
thence to position
27[deg]29'58'' N,
082[deg]34'15'' W,
thence back to the
original position,
27[deg]30'43'' N,
082[deg]34'20'' W.
Enforcement Area #2.
All waters of the
Manatee River
contained within
the following
points:
27[deg]30'35'' N,
082[deg]34'37'' W,
thence to position
27[deg]30'35'' N,
082[deg]34'26'' W,
thence to position
27[deg]30'26'' N,
082[deg]34'26'' W,
thence to position
27[deg]30'26'' N,
082[deg]34'37'' W,
thence back to the
original position,
27[deg]30'35'' N,
082[deg]34'37'' W.
3. One weekend Gulfport Grand Gulfport, FL... Location(s): (1)
(Friday, Prix/Gulfport Race Area. All
Saturday, and Grand Prix LLC. waters of Boca de
Sunday) in Ciego contained
March, Time within the
(Approximate): following points:
8:00 a.m. to 27[deg]44'10'' N,
5:00 p.m. 082[deg]42'29'' W,
thence to position
27[deg]44'07'' N,
082[deg]42'40'' W,
thence to position
27[deg]44'06'' N,
082[deg]42'40'' W,
thence to position
27[deg]44'04'' N,
082[deg]42'29'' W,
thence to position
27[deg]44'07'' N,
082[deg]42'19'' W,
thence to position
27[deg]44'08'' N,
082[deg]42'19'' W,
thence back to the
original position,
27[deg]44'10'' N,
082[deg]42'29'' W.
(2) Buffer Zone. All
waters of Boca de
Ciego encompassed
within the
following points:
27[deg]44'10'' N,
082[deg]42'47'' W,
thence to position
27[deg]44'01'' N,
082[deg]42'44'' W,
thence to position
27[deg]44'01'' N,
082[deg]42'14'' W,
thence to position
27[deg]44'15'' N,
082[deg]42'14'' W.
4. One weekend Sarasota Sarasota, FL... Location: All waters
(Saturday and Powerboat of the Gulf of
Sunday) in Grand Prix/ Mexico contained
July, Time Powerboat P-1 within the
(Approximate): USA, LLC. following points:
8:00 a.m. to 27[deg]18'44'' N,
5:00 p.m. 082[deg]36'14'' W,
thence to position
27[deg]19'09'' N,
082[deg]35'13'' W,
thence to position
27[deg]17'42'' N,
082[deg]34'00'' W,
thence to position
27[deg]16'43'' N,
082[deg]34'49'' W,
thence back to the
original position,
27[deg]18'44'' N,
082[deg]36'14'' W.
5. One weekend St.Petersburg P- St. Petersburg, Location: All waters
(Saturday and 1 Powerboat FL. of the Tampa Bay
Sunday) in Grand Prix. encompassed within
September, Time the following
(Approximate): points:
8:00 a.m. to 27[deg]46'56.22''
4:00 p.m. N,
082[deg]36'55.50''
W, thence to
position
27[deg]47'08.82''
N,
082[deg]34'33.24''
W, thence to
position
27[deg]46'06.96''
N,
082[deg]34'29.04''
W, thence to
position
27[deg]45'59.22''
N,
082[deg]37'02.88''
W, thence back to
the original
position
27[deg]46'24.24''
N,
082[deg]37'30.24''
W.
6. One Sunday in Clearwater Clearwater, FL. Locations: (1) Race
September, Time Offshore Area. All waters of
(Approximate): Nationals/Race the Gulf of Mexico
11:30 a.m. to World Offshore. contained within
4:00 p.m. the following
points:
27[deg]58'34'' N,
82[deg]50'09'' W,
thence to position
27[deg]58'32'' N,
82[deg]50'02'' W,
thence to position
28[deg]00'12'' N,
82[deg]50'10'' W,
thence to position
28[deg]00'13'' N,
82[deg]50'10'' W,
thence back to the
original position,
27[deg]58'34'' N,
82[deg]50'09'' W.
(2) Spectator Area.
All waters of Gulf
of Mexico seaward
no less than 150
yards from the race
area and as agreed
upon by the Coast
Guard and race
officials.
(3) Enforcement
Area. All waters of
the Gulf of Mexico
encompassed within
the following
points:
28[deg]58'40'' N,
82[deg]50'37'' W,
thence to position
28[deg]00'57'' N,
82[deg]49'45'' W,
thence to position
27[deg]58'32'' N,
82[deg]50'32'' W,
thence to position
27[deg]58'23'' N,
82[deg]49'53'' W,
thence back to
position
28[deg]58'40'' N,
82[deg]50'37'' W.
7. One Thursday, Roar Offshore/ Fort Myers Locations: All
Friday, and OPA Racing LLC. Beach, FL. waters of the Gulf
Saturday in of Mexico west of
October, Time Fort Myers Beach
(Approximate): contained within
10:00 a.m. to the following
5:00 p.m. points:
26[deg]26'27'' N,
081[deg]55'55'' W,
thence to position
26[deg]25'33'' N,
longitude
081[deg]56'34'' W,
thence to position
26[deg]26'38'' N,
081[deg]58'40'' W,
thence to position
26[deg]27'25'' N,
081[deg]58'8'' W,
thence back to the
original position
26[deg]26'27'' N,
081[deg]55'55'' W.
8. One weekend OPA World Englewood Locations: (1) Race
(Friday, Championships/ Beach, FL. Area. All waters of
Saturday, and Englewood the Gulf of Mexico
Sunday) in Beach contained within
November, Time Waterfest. the following
(Approximate): points:
8:00 a.m. to 26[deg]56'00'' N,
6:00 p.m. 082[deg]22'11'' W,
thence to position
26[deg]55'59'' N,
082[deg]22'16'' W,
thence to position
26[deg]54'22'' N,
082[deg]21'20'' W,
thence to position
26[deg]54'24'' N,
082[deg]21'16'' W,
thence to position
26[deg]54'25'' N,
082[deg]21'17'' W,
thence back to the
original position,
26[deg]56'00'' N,
082[deg]21'11'' W.
[[Page 17961]]
(2) Spectator Area.
All waters of the
Gulf of Mexico
contained with the
following points:
26[deg]55'33'' N,
082[deg]22'21'' W,
thence to position
26[deg]54'14'' N,
082[deg]21'35'' W,
thence to position
26[deg]54'11'' N,
082[deg]21'40'' W,
thence to position
26[deg]55'31'' N,
082[deg]22'26'' W,
thence back to
position
26[deg]55'33'' N,
082[deg]22'21'' W.
(3) Enforcement
Area. All waters of
the Gulf of Mexico
encompassed within
the following
points:
26[deg]56'09'' N,
082[deg]22'12'' W,
thence to position
26[deg]54'13'' N,
082[deg]21'03'' W,
thence to position
26[deg]53'58'' N,
082[deg]21'43'' W,
thence to position
26[deg]55'56'' N,
082[deg]22'48'' W,
thence back to
position
26[deg]56'09'' N,
082[deg]22'12'' W.
------------------------------------------------------------------------
Dated: March 23, 2022.
Matthew A. Thompson,
Captain, U.S. Coast Guard, Captain of the Port Sector St. Petersburg.
[FR Doc. 2022-06492 Filed 3-28-22; 8:45 am]
BILLING CODE 9110-04-P
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