Rule2022-11620
Special Local Regulation; Tampa Bay, St. Petersburg, FL
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
June 1, 2022
Effective
July 1, 2022
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is revising the existing special local regulations within the Seventh Coast Guard District Captain of the Port (COTP) St. Petersburg Zone by removing an event that no longer takes place, and by updating the location of an existing event. These changes are being made because one event sponsor halted the event for the forseeable future, and the other changed the event details.
Full Text
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<title>Federal Register, Volume 87 Issue 105 (Wednesday, June 1, 2022)</title>
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[Federal Register Volume 87, Number 105 (Wednesday, June 1, 2022)]
[Rules and Regulations]
[Pages 33015-33018]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-11620]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2022-0171]
RIN 1625-AA08
Special Local Regulation; Tampa Bay, St. Petersburg, FL
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
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SUMMARY: The Coast Guard is revising the existing special local
regulations within the Seventh Coast Guard District Captain of the Port
(COTP) St. Petersburg Zone by removing an event that no longer takes
place, and by updating the location of an existing event. These changes
are being made because one event sponsor halted the event for the
forseeable future, and the other changed the event details.
DATES: This final rule is effective July 1, 2022.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, type USCG-
2022-0171 in the search box and click ``Search.'' Next, in the Document
Type column, select ``Supporting & Related Material.''
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
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#752710121c1b145b395b36001003140635000616125b181c19"><span class="__cf_email__" data-cfemail="257740424c4b440b690b66504053445665505646420b484c49">[email protected]</span></a>.
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 Information and Regulatory History
On March 29, 2022, the Coast Guard published a notice of proposed
rulemaking (NPRM) in the Federal Register titled, ``Special Local
Regulations; Recurring Marine Events, Sector St. Petersburg.'' \1\ In
the NPRM we stated the purpose of the rulemaking was to remove one
existing recurring marine event that is no longer held and to change
the location and date of an existing recurring marine event within 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. With
the postponement of one event for the forseeable future, and the change
in date and location of another, the changes proposed in the NPRM were
necessary to ensure that Table 1 to Sec. 100.703 accurately reflected
the events taking place within the COTP St. Petersburg Zone, and in the
order the events occur. The NPRM invited comments on the proposed
changes to Table 1 to Sec. 100.703. During the comment period that
ended April 28, 2022, we received no comments.
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\1\ 87 FR 17957.
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III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70041. The COTP St. Petersburg has determined it necessary to revise
the existing regulations in order to avoid confusion regarding the
special local regulations (SLR) in the COTP St. Petersburg Zone.
IV. Discussion of Comments, Changes, and the Rule
As noted above, we received no comments on our NPRM published April
1, 2022.
This rule makes 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.
V. Regulatory Analyses
We developed this 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. This rule has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, this
rule has not been reviewed by the Office of Management and Budget
(OMB).
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 will provide advance notice of
the regulated areas to the local maritime community via Notice of
Enforcement published in the Federal Register, by Local Notice to
Mariners, Broadcast to Mariners via VHF-FM marine channel 16, and the
rule will 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 received 0 comments from the Small Business
Administration on this rulemaking. 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.
While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
Under section 213(a) of the Small Business Regulatory Enforcement
[[Page 33016]]
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this 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.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
C. Collection of Information
This rule will 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 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 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.
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 rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
F. Environment
We have analyzed this 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 determined 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 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.
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.
List of Subjects in 33 CFR Part 100
Harbors, Marine Safety, Navigation (water), Reporting and Record
keeping requirements, Security measures, Waterways.
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: 46 U.S.C. 70041; 33 CFR 1.05-1.
0
2. In Sec. 100.703, revise Table 1 to read as follows:
Sec. 100.703 Special Local Regulations; Recurring Marine Events,
Sector St. Petersburg.
* * * * *
[[Page 33017]]
Table 1 to Sec. 100.703--Special Local Regulations; Recurring Marine
Events, Sector St. Petersburg
[Datum NAD 1983]
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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.
(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.
[[Page 33018]]
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.
(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: May 23, 2022.
Matthew A. Thompson,
Captain, U.S. Coast Guard, Captain of the Port Sector St. Petersburg.
[FR Doc. 2022-11620 Filed 5-31-22; 8:45 am]
BILLING CODE 9110-04-P
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.