[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 [www.gpo.gov]
[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 https://www.regulations.gov, 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 [email protected].

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.
---------------------------------------------------------------------------

    \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]
------------------------------------------------------------------------
    Date/time      Event/sponsor       Location        Regulated area
------------------------------------------------------------------------
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