Rule2024-05009
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 8, 2024
Effective
April 8, 2024
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is revising existing regulations by updating the duration of an existing event in the Seventh Coast Guard District Captain of the Port St. Petersburg Zone. This action is necessary to provide for the safety of life on the navigable waters in Clearwater, FL, during the Clearwater Offshore Nationals/Race World Offshore event.
Full Text
<html>
<head>
<title>Federal Register, Volume 89 Issue 47 (Friday, March 8, 2024)</title>
</head>
<body><pre>
[Federal Register Volume 89, Number 47 (Friday, March 8, 2024)]
[Rules and Regulations]
[Pages 16685-16688]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-05009]
-----------------------------------------------------------------------
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, Department of Homeland Security (DHS).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is revising existing regulations by updating
the duration of an existing event in the Seventh Coast Guard District
Captain of the Port St. Petersburg Zone. This action is necessary to
provide for the safety of life on the navigable waters in Clearwater,
FL, during the Clearwater Offshore Nationals/Race World Offshore event.
DATES: This rule is effective April 8, 2024.
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-
2023-0597 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 about this rule,
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#b1fcd0c3d09ffb9ff3c3dec6dff1c4c2d2d69fdcd8dd"><span class="__cf_email__" data-cfemail="e6ab879487c8acc8a494899188a693958581c88b8f8a">[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 Information and Regulatory History
The Coast Guard is revising 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 change is to Line No. 6 located under
Date/time, existing as ``One Sunday in September; Time (Approximate):
11:30 a.m. to 4:00 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): 8:00 a.m. to
4:00 p.m.''
On August 4, 2023, the Coast Guard published a notice of proposed
rulemaking (NPRM) titled, Special Local Regulations; Recurring Marine
Events, Sector St. Petersburg.\1\ There we stated why we issued the
NPRM and invited comments on our proposed regulatory action related to
our table. During the comment period that ended September 5, 2023, we
received no comments.
---------------------------------------------------------------------------
\1\ 88 FR 51763.
---------------------------------------------------------------------------
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034. The COTP Sector St. Petersburg has determined that potential
hazards associated with Clearwater Offshore Nationals/Race World
Offshore high-speed boat race, will be a safety concern for anyone
within the regulated area. The purpose of this rule is to ensure safety
of vessels and the navigable
[[Page 16686]]
waters in the regulated area before, during, and after the scheduled
event.
IV. Discussion of Comments, Changes, and the Rule
As noted above, we received no comments on our NPRM published
August 4, 2023. There are no changes in the regulatory text of this
rule from the proposed rule in the NPRM.
This rule establishes 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
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.
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 section 3(f) of Executive Order 12866, as
amended by Executive Order 14094 (Modernizing Regulatory Review).
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, duration, and time of day of the regulated area. 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 received no 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
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 does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.
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
revising an existing recurring event to reflect a date and time change
for the event. It is 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.
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.
[[Page 16687]]
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 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.
* * * * *
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
--------------------------------------------------------------------------------------------------------------------------------------------------------
1. One Saturday in January. Time Gasparilla Invasion and Tampa, Florida..................... Location: A regulated area is established
(Approximate): 11:30 a.m. to 2 p.m. Parade/Ye Mystic Krewe consisting of the following waters of
of Gasparilla. 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 in February. Time Bradenton Area River Bradenton, FL...................... Location(s): Enforcement Area #1. All waters of
(Approximate): 9 a.m. to 9 p.m. Regatta/City of the Manatee River between the Green Bridge and
Bradenton. 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, Saturday, and Gulfport Grand Prix/ Gulfport, FL....................... Location(s): (1) Race Area. All waters of Boca de
Sunday) in March. Time (Approximate): Gulfport Grand Prix LLC. Ciego contained within the following points:
8 a.m. to 5 p.m. 27[deg]44'10'' N, 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 (Saturday and Sunday) Sarasota Powerboat Grand Sarasota, FL....................... Location: All waters of the Gulf of Mexico
in July. Time (Approximate): 8 a.m. Prix/Powerboat P-1 USA, contained within the following points:
to 5 p.m. LLC. 27[deg]18'44'' N, 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 (Saturday and Sunday) St.Petersburg P-1 St. Petersburg, FL................. Location: All waters of the Tampa Bay encompassed
in September. Time (Approximate): 8 Powerboat Grand Prix. within the following points: 27[deg]46'56.22''
a.m. to 4 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 weekend (Saturday and Sunday) Clearwater Offshore Clearwater, FL..................... Locations: (1) Race Area. All waters of the Gulf
in September. Time (Approximate): 8 Nationals/Race World of Mexico contained within the following points:
a.m. to 4 p.m. Offshore. 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, Friday, and Saturday Roar Offshore/OPA Racing Fort Myers Beach, FL............... Locations: All waters of the Gulf of Mexico west
in October. Time (Approximate): 10 LLC. of Fort Myers Beach contained within the
a.m. to 5 p.m. 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.
[[Page 16688]]
8. One weekend (Friday, Saturday, and OPA World Championships/ Englewood Beach, FL................ Locations: (1) Race Area. All waters of the Gulf
Sunday) in November. Time Englewood Beach of Mexico contained within the following points:
(Approximate): 8 a.m. to 6 p.m. Waterfest. 26[deg]56'00'' N, 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: March 1, 2024.
Michael P. Kahle,
Captain, U.S. Coast Guard, Captain of the Port Sector St. Petersburg.
[FR Doc. 2024-05009 Filed 3-7-24; 8:45 am]
BILLING CODE 9110-04-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on March 8, 2024.
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.