[Federal Register Volume 89, Number 47 (Friday, March 8, 2024)]
[Rules and Regulations]
[Pages 16685-16688]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-05009]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2023-0597]
RIN 1625-AA08


Special Local Regulations; Recurring Marine Events, Sector St. 
Petersburg

AGENCY: Coast Guard, Department of Homeland Security (DHS).

ACTION: Final rule.

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SUMMARY: The Coast Guard is revising existing regulations by updating 
the duration of an existing event in the Seventh Coast Guard District 
Captain of the Port St. Petersburg Zone. This action is necessary to 
provide for the safety of life on the navigable waters in Clearwater, 
FL, during the Clearwater Offshore Nationals/Race World Offshore event.

DATES: This rule is effective April 8, 2024.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0597 in the search box and click ``Search.'' Next, in the Document 
Type column, select ``Supporting & Related Material.''

FOR FURTHER INFORMATION CONTACT: If you have questions about this rule, 
call or email Marine Science Technician First Class Mara J. Brown, 
Sector St. Petersburg Prevention Department, Coast Guard; telephone 
813-228-2191 (ext. 8151), email [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 Information and Regulatory History

    The Coast Guard is revising the Recurring Marine Events in the 
geographic boundaries of the Seventh Coast Guard District Captain of 
the Port (COTP) St. Petersburg Zone that are listed in 33 CFR 100.703, 
Table 1 to Sec.  100.703. The change is to Line No. 6 located under 
Date/time, existing as ``One Sunday in September; Time (Approximate): 
11:30 a.m. to 4:00 p.m.'' The event sponsor has changed the duration of 
the event to a two-day event; revising the Date/time as ``One weekend 
(Saturday and Sunday) in September; Time (Approximate): 8:00 a.m. to 
4:00 p.m.''
    On August 4, 2023, the Coast Guard published a notice of proposed 
rulemaking (NPRM) titled, Special Local Regulations; Recurring Marine 
Events, Sector St. Petersburg.\1\ There we stated why we issued the 
NPRM and invited comments on our proposed regulatory action related to 
our table. During the comment period that ended September 5, 2023, we 
received no comments.
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    \1\ 88 FR 51763.
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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. 
70034. The COTP Sector St. Petersburg has determined that potential 
hazards associated with Clearwater Offshore Nationals/Race World 
Offshore high-speed boat race, will be a safety concern for anyone 
within the regulated area. The purpose of this rule is to ensure safety 
of vessels and the navigable

[[Page 16686]]

waters in the regulated area before, during, and after the scheduled 
event.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received no comments on our NPRM published 
August 4, 2023. There are no changes in the regulatory text of this 
rule from the proposed rule in the NPRM.
    This rule establishes the following changes in 33 CFR 100.703:
    1. Revise Table 1 to Sec.  100.703, Line No. 6, to reflect a date 
and time change.
    Marine events listed in Table 1 to Sec.  100.703 are listed as 
recurring over a particular time, during each month and each year. 
Exact dates are intentionally omitted since calendar dates for specific 
events change from year to year. Once dates for a marine event are 
known, the Coast Guard notifies the public it intends to enforce the 
special local regulation through various means including a notice of 
enforcement published in the Federal Register, Local Notice to 
Mariners, and Broadcast Notice to Mariners.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
Executive orders related to rulemaking. Below we summarize our analyses 
based on a number of these statutes and Executive orders.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. This rule has not been designated a ``significant 
regulatory action,'' under section 3(f) of Executive Order 12866, as 
amended by Executive Order 14094 (Modernizing Regulatory Review). 
Accordingly, this rule has not been reviewed by the Office of 
Management and Budget (OMB).
    This regulatory action determination is based on the size, 
location, duration, and time of day of the regulated area. These areas 
are limited in size and duration, and usually do not affect high vessel 
traffic areas. Moreover, the Coast Guard would provide advance notice 
of the regulated areas to the local maritime community by Local Notice 
to Mariners, Broadcast Notice to Mariners via VHF-FM marine channel 16, 
and the rule would allow vessels to seek permission to enter the 
regulated area.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, requires Federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard received no comments from the Small Business 
Administration on this rulemaking. The Coast Guard certifies under 5 
U.S.C. 605(b) that this rule will not have a significant economic 
impact on a substantial number of small entities.
    While some owners or operators of vessels intending to transit the 
safety zone may be small entities, for the reasons stated in section 
V.A above, this rule will not have a significant economic impact on any 
vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this rule. If the rule would affect your 
small business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
call or email the person listed in the FOR FURTHER INFORMATION CONTACT 
section.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

C. Collection of Information

    This rule will not call for a new collection of information under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the National Government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this rule under that order and have 
determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, this rule does not have tribal implications under Executive 
Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it does not have a substantial direct effect on 
one or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 (adjusted for 
inflation) or more in any one year. Though this rule will not result in 
such an expenditure, we do discuss the effects of this rule elsewhere 
in this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security 
Directive 023-01, Rev. 1, associated implementing instructions, and 
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast 
Guard in complying with the National Environmental Policy Act of 1969 
(42 U.S.C. 4321-4370f), and have determined that this action is one of 
a category of actions that do not individually or cumulatively have a 
significant effect on the human environment. This rule involves 
revising an existing recurring event to reflect a date and time change 
for the event. It is categorically excluded from further review under 
paragraphs L61 in Table 3-1 of Appendix A, Table 1 of DHS Instruction 
Manual 023-01-001-01, Rev. 1.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to call or email the person listed in the FOR 
FURTHER INFORMATION CONTACT section to coordinate protest activities so 
that your message can be received without jeopardizing the safety or 
security of people, places or vessels.

[[Page 16687]]

List of Subjects in 33 CFR Part 100

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 100 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

0
1. The authority citation for part 100 continues to read as follows:

    Authority: 46 U.S.C. 70041; 33 CFR 1.05-1.


0
2. In Sec.  100.703, revise Table 1 to read as follows:


Sec.  100.703  Special Local Regulations; Recurring Marine Events, 
Sector St. Petersburg.

* * * * *

                          Table 1 to Sec.   100.703--Special Local Regulations; Recurring Marine Events, Sector St. Petersburg
                                                                    [Datum NAD 1983]
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               Date/time                      Event/sponsor                     Location                                 Regulated area
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1. One Saturday in January. Time        Gasparilla Invasion and   Tampa, Florida.....................  Location: A regulated area is established
 (Approximate): 11:30 a.m. to 2 p.m.     Parade/Ye Mystic Krewe                                         consisting of the following waters of
                                         of Gasparilla.                                                 Hillsborough Bay and its tributaries north of
                                                                                                        27[deg]51'18'' N and south of the John F.
                                                                                                        Kennedy Bridge: Hillsborough Cut ``D'' Channel,
                                                                                                        Seddon Channel, Sparkman Channel and the
                                                                                                        Hillsborough River south of the John F. Kennedy
                                                                                                        Bridge.
                                                                                                       Additional Regulation: (1) Entrance into the
                                                                                                        regulated area is prohibited to all commercial
                                                                                                        marine traffic from 9 a.m. to 6 p.m. EST on the
                                                                                                        day of the event. (2) The regulated area will
                                                                                                        include a 100 yard Safety Zone around the vessel
                                                                                                        JOSE GASPAR while docked at the Tampa Yacht Club
                                                                                                        until 6 p.m. EST on the day of the event. (3)
                                                                                                        The regulated area is a ``no wake'' zone. (4)
                                                                                                        All vessels within the regulated area shall stay
                                                                                                        50 feet away from and give way to all officially
                                                                                                        entered vessels in parade formation in the
                                                                                                        Gasparilla Marine Parade. (5) When within the
                                                                                                        marked channels of the parade route, vessels
                                                                                                        participating in the Gasparilla Marine Parade
                                                                                                        may not exceed the minimum speed necessary to
                                                                                                        maintain steerage. (6) Jet skis and vessels
                                                                                                        without mechanical propulsion are prohibited
                                                                                                        from the parade route. (7) Vessels less than 10
                                                                                                        feet in length are prohibited from the parade
                                                                                                        route unless capable of safely participating.
                                                                                                        (8) Vessels found to be unsafe to participate at
                                                                                                        the discretion of a present Law Enforcement
                                                                                                        Officer are prohibited from the parade route.
                                                                                                        (9) Northbound vessels in excess of 65 feet in
                                                                                                        length without mooring arrangement made prior to
                                                                                                        the date of the event are prohibited from
                                                                                                        entering Seddon Channel unless the vessel is
                                                                                                        officially entered in the Gasparilla Marine
                                                                                                        Parade. (10) Vessels not officially entered in
                                                                                                        the Gasparilla Marine Parade may not enter the
                                                                                                        parade staging area box within the following
                                                                                                        coordinates: 27[deg]53'53'' N, 082[deg]27'47''
                                                                                                        W; 27[deg]53'22'' N, 082[deg]27'10'' W;
                                                                                                        27[deg]52'36'' N, 082[deg]27'55'' W;
                                                                                                        27[deg]53'02'' N, 082[deg]28'31'' W.
2. One Saturday in February. Time       Bradenton Area River      Bradenton, FL......................  Location(s): Enforcement Area #1. All waters of
 (Approximate): 9 a.m. to 9 p.m.         Regatta/City of                                                the Manatee River between the Green Bridge and
                                         Bradenton.                                                     the CSX Train Trestle contained within the
                                                                                                        following points: 27[deg]30'43'' N,
                                                                                                        082[deg]34'20'' W, thence to position
                                                                                                        27[deg]30'44'' N, 082[deg]34'09'' W, thence to
                                                                                                        position 27[deg]30' 00'' N, 082[deg]34'04'' W,
                                                                                                        thence to position 27[deg]29'58'' N,
                                                                                                        082[deg]34'15'' W, thence back to the original
                                                                                                        position, 27[deg]30'43'' N, 082[deg]34'20'' W.
                                                                                                        Enforcement Area #2. All waters of the Manatee
                                                                                                        River contained within the following points:
                                                                                                        27[deg]30'35'' N, 082[deg]34'37'' W, thence to
                                                                                                        position 27[deg]30'35'' N, 082[deg]34'26'' W,
                                                                                                        thence to position 27[deg]30'26'' N,
                                                                                                        082[deg]34'26'' W, thence to position
                                                                                                        27[deg]30'26'' N, 082[deg]34'37'' W, thence back
                                                                                                        to the original position, 27[deg]30'35'' N,
                                                                                                        082[deg]34'37'' W.
3. One weekend (Friday, Saturday, and   Gulfport Grand Prix/      Gulfport, FL.......................  Location(s): (1) Race Area. All waters of Boca de
 Sunday) in March. Time (Approximate):   Gulfport Grand Prix LLC.                                       Ciego contained within the following points:
 8 a.m. to 5 p.m.                                                                                       27[deg]44'10'' N, 082[deg]42'29'' W, thence to
                                                                                                        position 27[deg]44'07'' N, 082[deg]42'40'' W,
                                                                                                        thence to position 27[deg]44'06'' N,
                                                                                                        082[deg]42'40'' W, thence to position
                                                                                                        27[deg]44'04'' N, 082[deg]42'29'' W, thence to
                                                                                                        position 27[deg]44'07'' N, 082[deg]42'19'' W,
                                                                                                        thence to position 27[deg]44'08'' N,
                                                                                                        082[deg]42'19'' W, thence back to the original
                                                                                                        position, 27[deg]44'10'' N, 082[deg]42'29'' W.
                                                                                                        (2) Buffer Zone. All waters of Boca de Ciego
                                                                                                        encompassed within the following points:
                                                                                                        27[deg]44'10'' N, 082[deg]42'47'' W, thence to
                                                                                                        position 27[deg]44'01'' N, 082[deg]42'44'' W,
                                                                                                        thence to position 27[deg]44'01'' N,
                                                                                                        082[deg]42'14'' W, thence to position
                                                                                                        27[deg]44'15'' N, 082[deg]42'14'' W.
4. One weekend (Saturday and Sunday)    Sarasota Powerboat Grand  Sarasota, FL.......................  Location: All waters of the Gulf of Mexico
 in July. Time (Approximate): 8 a.m.     Prix/Powerboat P-1 USA,                                        contained within the following points:
 to 5 p.m.                               LLC.                                                           27[deg]18'44'' N, 082[deg]36'14'' W, thence to
                                                                                                        position 27[deg]19'09'' N, 082[deg]35'13'' W,
                                                                                                        thence to position 27[deg]17'42'', N,
                                                                                                        082[deg]34'00'' W, thence to position
                                                                                                        27[deg]16'43'' N, 082[deg]34'49'' W, thence back
                                                                                                        to the original position, 27[deg]18'44'' N,
                                                                                                        082[deg]36'14'' W.
5. One weekend (Saturday and Sunday)    St.Petersburg P-1         St. Petersburg, FL.................  Location: All waters of the Tampa Bay encompassed
 in September. Time (Approximate): 8     Powerboat Grand Prix.                                          within the following points: 27[deg]46'56.22''
 a.m. to 4 p.m.                                                                                         N, 082[deg]36'55.50'' W, thence to position
                                                                                                        27[deg]47'08.82'' N, 082[deg]34'33.24'' W,
                                                                                                        thence to position 27[deg]46'06.96'' N,
                                                                                                        082[deg]34'29.04'' W, thence to position
                                                                                                        27[deg]45'59.22'' N, 082[deg]37'02.88'' W,
                                                                                                        thence back to the original position
                                                                                                        27[deg]46'24.24'' N, 082[deg]37'30.24'' W.
6. One weekend (Saturday and Sunday)    Clearwater Offshore       Clearwater, FL.....................  Locations: (1) Race Area. All waters of the Gulf
 in September. Time (Approximate): 8     Nationals/Race World                                           of Mexico contained within the following points:
 a.m. to 4 p.m.                          Offshore.                                                      27[deg]58'34'' N, 82[deg]50'09'' W, thence to
                                                                                                        position 27[deg]58'32'' N, 82[deg]50'02'' W,
                                                                                                        thence to position 28[deg]00'12'' N,
                                                                                                        82[deg]50'10'' W, thence to position
                                                                                                        28[deg]00'13'' N, 82[deg]50'10'' W, thence back
                                                                                                        to the original position, 27[deg]58'34'' N,
                                                                                                        82[deg]50'09'' W.(2) Spectator Area. All waters
                                                                                                        of Gulf of Mexico seaward no less than 150 yards
                                                                                                        from the race area and as agreed upon by the
                                                                                                        Coast Guard and race officials.(3) Enforcement
                                                                                                        Area. All waters of the Gulf of Mexico
                                                                                                        encompassed within the following points:
                                                                                                        28[deg]58'40'' N, 82[deg]50'37'' W, thence to
                                                                                                        position 28[deg]00'57'' N, 82[deg]49'45'' W,
                                                                                                        thence to position 27[deg]58'32'' N,
                                                                                                        82[deg]50'32'' W, thence to position
                                                                                                        27[deg]58'23'' N, 82[deg]49'53'' W, thence back
                                                                                                        to position 28[deg]58'40'' N, 82[deg]50'37'' W.
7. One Thursday, Friday, and Saturday   Roar Offshore/OPA Racing  Fort Myers Beach, FL...............  Locations: All waters of the Gulf of Mexico west
 in October. Time (Approximate): 10      LLC.                                                           of Fort Myers Beach contained within the
 a.m. to 5 p.m.                                                                                         following points: 26[deg]26'27'' N,
                                                                                                        081[deg]55'55'' W, thence to position
                                                                                                        26[deg]25'33'' N, longitude 081[deg]56'34'' W,
                                                                                                        thence to position 26[deg]26'38'' N,
                                                                                                        081[deg]58'40'' W, thence to position
                                                                                                        26[deg]27'25'' N, 081[deg]58'8'' W, thence back
                                                                                                        to the original position 26[deg]26'27'' N,
                                                                                                        081[deg]55'55'' W.

[[Page 16688]]

 
8. One weekend (Friday, Saturday, and   OPA World Championships/  Englewood Beach, FL................  Locations: (1) Race Area. All waters of the Gulf
 Sunday) in November. Time               Englewood Beach                                                of Mexico contained within the following points:
 (Approximate): 8 a.m. to 6 p.m.         Waterfest.                                                     26[deg]56'00'' N, 082[deg]22'11'' W, thence to
                                                                                                        position 26[deg]55'59'' N, 082[deg]22'16'' W,
                                                                                                        thence to position 26[deg]54'22'' N,
                                                                                                        082[deg]21'20'' W, thence to position
                                                                                                        26[deg]54'24'' N, 082[deg]21'16'' W, thence to
                                                                                                        position 26[deg]54'25'' N, 082[deg]21'17'' W,
                                                                                                        thence back to the original position,
                                                                                                        26[deg]56'00'' N, 082[deg]21'11'' W. (2)
                                                                                                        Spectator Area. All waters of the Gulf of Mexico
                                                                                                        contained with the following points:
                                                                                                        26[deg]55'33'' N, 082[deg]22'21'' W, thence to
                                                                                                        position 26[deg]54'14'' N, 082[deg]21'35'' W,
                                                                                                        thence to position 26[deg]54'11'' N,
                                                                                                        082[deg]21'40'' W, thence to position
                                                                                                        26[deg]55'31'' N, 082[deg]22'26'' W, thence back
                                                                                                        to position 26[deg]55'33'' N, 082[deg]22'21'' W.
                                                                                                        (3) Enforcement Area. All waters of the Gulf of
                                                                                                        Mexico encompassed within the following points:
                                                                                                        26[deg]56'09'' N, 082[deg]22'12'' W, thence to
                                                                                                        position 26[deg]54'13'' N, 082[deg]21'03'' W,
                                                                                                        thence to position 26[deg]53'58'' N,
                                                                                                        082[deg]21'43'' W, thence to position
                                                                                                        26[deg]55'56'' N, 082[deg]22'48'' W, thence back
                                                                                                        to position 26[deg]56'09'' N, 082[deg]22'12'' W.
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    Dated: March 1, 2024.
Michael P. Kahle,
Captain, U.S. Coast Guard, Captain of the Port Sector St. Petersburg.
[FR Doc. 2024-05009 Filed 3-7-24; 8:45 am]
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