Proposed Rule2024-14245
Special Local Regulations; Recurring Marine Events, Sector St. Petersburg
Primary source
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Published
July 3, 2024
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is proposing to revise existing regulations by updating the dates of existing events in the Seventh Coast Guard District Captain of the Port (COTP) St. Petersburg. This action is necessary to provide for the safety of life on these navigable waters in Sarasota and St. Petersburg, FL. Through this notice the current list of recurring special local regulations is updated with the revisions to two existing events. When these special local regulations are enforced, certain restrictions are placed on marine traffic in specified areas. The Coast Guard invites your comments on this proposed rulemaking.
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<title>Federal Register, Volume 89 Issue 128 (Wednesday, July 3, 2024)</title>
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[Federal Register Volume 89, Number 128 (Wednesday, July 3, 2024)]
[Proposed Rules]
[Pages 55133-55136]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-14245]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2024-0244]
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 is proposing to revise existing regulations by
updating the dates of existing events in the Seventh Coast Guard
District Captain of the Port (COTP) St. Petersburg. This action is
necessary to provide for the safety of life on these navigable waters
in Sarasota and St. Petersburg, FL. Through this notice the current
list of recurring special local regulations is updated with the
revisions to two existing events. When these special local regulations
are enforced, certain restrictions are placed on marine traffic in
specified areas. 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 August 2, 2024.
ADDRESSES: You may submit comments identified by docket number USCG-
2024-0244 using the Federal Decision-Making 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. This notice of proposed rulemaking
with its plain-language, 100-word-or-less proposed rule summary will be
available in this same docket.
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, email <a href="/cdn-cgi/l/email-protection#94d9f5e6f5badebad6e6fbe3fad4e1e7f7f3baf9fdf8"><span class="__cf_email__" data-cfemail="4805293a296602660a3a273f26083d3b2b2f66252124">[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, Purpose, and Legal Basis
The Coast Guard proposes to amend 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 rule would ensure that
the public is informed of the most up to date recurring special local
regulations. The current list under Sec. 100.703, Table 1 to Sec.
100.703 requires amendments to two existing special local regulations.
The purpose of this rulemaking is to ensure the safety of vessels and
the navigable waters, during, and after the scheduled events. The Coast
Guard is proposing 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,
Table 1 to Sec. 100.703:
1. Revise Line No. 4, to reflect a date and time change to ``One
weekend (Friday, Saturday, and Sunday) in September Time (Approximate):
8:00 a.m. to 6:00 p.m.
2. Revise Line No. 5, to reflect a date and time change to ``One
weekend (Friday, Saturday, and Sunday) in October Time (Approximate):
8:00 a.m. to 6:00 p.m. 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.
[[Page 55134]]
This NPRM 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, the NPRM 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 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 proposed 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 proposed 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 potential effects of
this proposed 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 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.
Submitting comments. We encourage you to submit comments through
the Federal Decision-Making Portal at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. To
do so, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, type USCG-2024-0244 in the
search box and click ``Search.'' Next, look for this document in the
Search Results column, and click on it. Then click on the Comment
option. If you cannot submit your material by using <a href="https://www.regulations.gov">https://www.regulations.gov</a>, call or email the person in the FOR FURTHER
INFORMATION CONTACT section of this proposed rule for alternate
instructions.
Viewing material in docket. To view documents mentioned in this
proposed rule as being available in the docket, find the docket as
described in the previous paragraph, and then select ``Supporting &
Related Material'' in the Document Type column. Public comments will
also be placed in our online docket and can be viewed by
[[Page 55135]]
following instructions on the <a href="https://www.regulations.gov">https://www.regulations.gov</a> Frequently
Asked Questions web page. Also, if you click on the Dockets tab and
then the proposed rule, you should see a ``Subscribe'' option for email
alerts. The option will notify you when comments are posted, or a final
rule is published.
We review all comments received, but we will only post comments
that address the topic of the proposed rule. We may choose not to post
off-topic, inappropriate, or duplicate comments that we receive.
Personal information. We accept anonymous comments. Comments we
post to <a href="https://www.regulations.gov">https://www.regulations.gov</a> will include any personal
information you have provided. For more about privacy and submissions
to the docket in response to this document, see DHS's eRulemaking
System of Records notice (85 FR 14226, March 11, 2020).
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 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. 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
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Date/time Event/sponsor Location Regulated area
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1. One Saturday in January; Time Gasparilla Invasion Tapa, Florida......... Location: A regulated area
(Approximate): 11:30 a.m. to 2 p.m. and Parade/Ye Mystic is established consisting
Krewe of Gasparilla. of the following 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.
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
(Approximate): 9:00 a.m. to 9:00 Regatta/City of Area #1. All waters of the
p.m. Bradenton. Manatee River between the
Green 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, Saturday, Gulfport Grand Prix/ Gulfport, FL.......... Location(s): (1) Race Area.
and Sunday) in March; Time Gulfport Grand Prix All waters of Boca de
(Approximate): 8:00 a.m. to 5:00 LLC. Ciego contained within the
p.m. following points:
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 (Friday, Saturday Sarasota Powerboat Sarasota, FL.......... Location: All waters of the
and Sunday) in September; Time Grand Prix/Powerboat Gulf of Mexico contained
(Approximate): 8:00 a.m. to 6:00 P-1 USA, LLC. within the following
p.m. points: 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.
[[Page 55136]]
5. One weekend (Friday, Saturday St.Petersburg St. Petersburg, FL.... Location: All waters of the
and Sunday) in October; Time Powerboat Grand Prix. Tampa Bay encompassed
(Approximate): 8:00 a.m. to 6:00 within the following
p.m. points: 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 Offshore Clearwater, FL........ Locations: (1) Race Area.
Sunday) in September; Time Nationals/Race World All waters of the Gulf of
(Approximate): 8:00 a.m. to 4:00 Offshore. Mexico contained within
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, Friday, and Roar Offshore/OPA Fort Myers Beach, FL.. Locations: All waters of
Saturday in October; Time Racing LLC. the Gulf of Mexico west of
(Approximate): 10:00 a.m. to 5:00 Fort Myers Beach contained
p.m. within 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, Saturday, OPA World Englewood Beach, FL... Locations: (1) Race Area.
and Sunday) in November; Time Championships/ All waters of the Gulf of
(Approximate): 8:00 a.m. to 6:00 Englewood Beach Mexico contained within
p.m. Waterfest. the following points:
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: June 11, 2024.
Michael P. Kahle,
Captain, U.S. Coast Guard, Captain of the Port Sector St. Petersburg.
[FR Doc. 2024-14245 Filed 7-2-24; 8:45 am]
BILLING CODE 9110-04-P
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