[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 [www.gpo.gov]
[FR Doc No: 2023-16665]


=======================================================================
-----------------------------------------------------------------------

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.

-----------------------------------------------------------------------

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

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 https://www.regulations.gov. If your material cannot be 
submitted using https://www.regulations.gov, 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 https://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and the 
docket, visit https://www.regulations.gov/privacyNotice.
    Documents mentioned in this NPRM as being available in the docket, 
and all public comments, will be in our online docket at https://www.regulations.gov 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]
--------------------------------------------------------------------------------------------------------------------------------------------------------
            Date/time                Event/sponsor                           Location                                       Regulated area
--------------------------------------------------------------------------------------------------------------------------------------------------------
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.
--------------------------------------------------------------------------------------------------------------------------------------------------------


    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