Proposed Rule2023-16665
Special Local Regulations; Recurring Marine Events, Sector St. Petersburg
Primary source
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Published
August 4, 2023
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard proposes to revise existing regulations by updating the duration of an existing event in the Seventh Coast Guard District Captain of the Port (COTP) St. Petersburg Zone. This action is necessary to provide for the safety of life on these navigable waters in Clearwater, FL, during the Clearwater Offshore Nationals/Race World Offshore event. The Coast Guard invites your comments on this proposed rulemaking.
Full Text
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<title>Federal Register, Volume 88 Issue 149 (Friday, August 4, 2023)</title>
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[Federal Register Volume 88, Number 149 (Friday, August 4, 2023)]
[Proposed Rules]
[Pages 51763-51766]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-16665]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2023-0597]
RIN 1625-AA08
Special Local Regulations; Recurring Marine Events, Sector St.
Petersburg
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to revise existing regulations by
updating the duration of an existing event in the Seventh Coast Guard
District Captain of the Port (COTP) St. Petersburg Zone. This action is
necessary to provide for the safety of life on these navigable waters
in Clearwater, FL, during the Clearwater Offshore Nationals/Race World
Offshore event. 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 September 5, 2023.
ADDRESSES: You may submit comments identified by docket number USCG-
2023-0597 using the Federal eRulemaking Portal at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. 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 Mara J. Brown, Sector St. Petersburg Prevention Department, Coast
Guard; telephone (813) 228-2191 (ext. 8151), email
<a href="/cdn-cgi/l/email-protection#cd80acbface387e38fbfa2baa38db8beaeaae3a0a4a1"><span class="__cf_email__" data-cfemail="de93bfacbff094f09cacb1a9b09eabadbdb9f0b3b7b2">[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
The Coast Guard proposes to revise 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. The proposed change is to Line No. 6
located under Date/time, existing as ``One Sunday in September; Time
(Approximate): 11:30 a.m. to 4 p.m.'' The event sponsor has changed the
duration of the event to a two-day event; revising the Date/time as
``One weekend (Saturday and Sunday) in September; Time (Approximate): 8
a.m. to 4 p.m.''
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. Revise Table 1 to Sec. 100.703, Line No. 6, to reflect a date
and time change.
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
[[Page 51764]]
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 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 revising
an existing recurring event to reflect a date and time change 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
[[Page 51765]]
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="https://www.regulations.gov">https://www.regulations.gov</a>. If your material cannot be
submitted using <a href="https://www.regulations.gov">https://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="https://www.regulations.gov">https://www.regulations.gov</a> and will include any
personal information you have provided. For more about privacy and the
docket, visit <a href="https://www.regulations.gov/privacyNotice">https://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="https://www.regulations.gov">https://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 Record
keeping 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]
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Date/time Event/sponsor Location Regulated area
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1. One Saturday in January. Time Gasparilla Tampa, Florida....................................... Location: A regulated area is established
(Approximate): 11:30 a.m. to 2 Invasion and consisting of the following waters of
p.m. Parade/Ye Mystic Hillsborough Bay and its tributaries north
Krewe of of 27[deg]51'18'' N and south of the John
Gasparilla. 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 in February. Bradenton Area Bradenton, FL........................................ Location(s) Enforcement Area #1. All waters
Time (Approximate): 9 a.m. to 9 River Regatta/ of the Manatee River between the Green
p.m. City of Bradenton. 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 (Friday, Gulfport Grand Gulfport, FL......................................... Location(s): (1) Race Area. All waters of
Saturday, and Sunday) in March. Prix/Gulfport Boca de Ciego contained within the
Time (Approximate): 8 a.m. to 5 Grand Prix LLC. following points: 27[deg]44'10'' N,
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.
[[Page 51766]]
4. One weekend (Saturday and Sarasota Powerboat Sarasota, FL......................................... Location: All waters of the Gulf of Mexico
Sunday) in July. Time Grand Prix/ contained within the following points:
(Approximate): 8 a.m. to 5 p.m. Powerboat P-1 27[deg]18'44'' N, 082[deg]36'14'' W,
USA, LLC. 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 (Saturday and St. Petersburg P-1 St. Petersburg, FL................................... Location: All waters of the Tampa Bay
Sunday) in September. Time Powerboat Grand encompassed within the following points:
(Approximate): 8 a.m. to 4 p.m. Prix. 27[deg]46'56.22'' 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 weekend (Saturday and Clearwater Clearwater, FL....................................... Locations: (1) Race Area. All waters of the
Sunday) in September. Time Offshore Gulf of Mexico contained within the
(Approximate): 8 a.m. to 4 p.m. Nationals/Race following points: 27[deg]58'34'' N,
World Offshore. 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, Friday, and Roar Offshore/OPA Fort Myers Beach, FL................................. Locations: All waters of the Gulf of Mexico
Saturday in October. Time Racing LLC. west of Fort Myers Beach contained within
(Approximate): 10 a.m. to 5 p.m. the following 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 (Friday, OPA World Englewood Beach, FL.................................. Locations: (1) Race Area. All waters of the
Saturday, and Sunday) in Championships/ Gulf of Mexico contained within the
November. Time (Approximate): 8 Englewood Beach following points: 26[deg]56'00'' N,
a.m. to 6 p.m. Waterfest. 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.
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Dated: July 26, 2023.
Michael P. Kahle,
Captain, U.S. Coast Guard, Captain of the Port Sector St. Petersburg.
[FR Doc. 2023-16665 Filed 8-3-23; 8:45 am]
BILLING CODE 9110-04-P
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