[Federal Register Volume 89, Number 172 (Thursday, September 5, 2024)]
[Rules and Regulations]
[Pages 72323-72327]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-19829]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2024-0244]
RIN 1625-AA08
Special Local Regulations; Recurring Marine Events, Sector St.
Petersburg
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
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SUMMARY: The Coast Guard is revising existing regulations by updating
two dates of events in the Seventh Coast
[[Page 72324]]
Guard District Captain of the Port (COTP) St. Petersburg. This action
is necessary to provide for the safety of life on these navigable
waters in Sarasota and St. Petersburg, FL.
DATES: This rule is effective September 5, 2024.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2024-0244 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, 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
The Coast Guard is amending 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 100.703. The rule will ensure that the public is informed of
the most up to date recurring special local regulations. The purpose of
this rulemaking is to ensure the safety of vessels and the navigable
waters, during and after the scheduled events. On July 3, 2024, the
Coast Guard published a notice of proposed rulemaking (NPRM) titled,
``Special Local Regulations; Recurring Marine Events, Sector St.
Petersburg'' (89 FR 55133). There we stated why we issued the NPRM and
invited comments on our proposed regulatory action related to this
fireworks display. During the comment period that ended August 2, 2024,
we received no comments.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date of
this rule would be impracticable because we must establish a special
local regulation (SLR) for the safety of the event participants and the
public for a high-speed boat race starting on September 13, 2024. The
event protected by the SLR in 33 CFR 100.703, table 1 to Sec. 100.703,
item 4, as amended by this rule, is scheduled to start on September 13,
2024. Therefore, it is impracticable to delay implementation of this
final rule 30 days because we must establish this SLR for the
protection of participants of the high-speed boat race and all others
transiting nearby.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70041. The Captain of the Port Sector St. Petersburg (COTP) has
determined that potential hazards associated with the events will be a
safety concern for anyone within the safety zone. The purpose of this
rule is to ensure safety of vessels and the navigable waters before,
during, and after the scheduled events.
IV. Discussion of Comments, Changes, and the Rule
As noted above, we received no comments on our NPRM published July
3, 2024. There are no changes in the regulatory text of this rule from
the proposed rule in the NPRM. This rule makes the following changes in
33 CFR 100.703, table 1 to Sec. 100.703:
1. Revise Line No. 4, to reflect a date and time change to ``One
weekend (Friday, Saturday, and Sunday) in September Time (Approximate):
8:00 a.m. to 6:00 p.m. Revise Line No. 5, to reflect a date and time
change to ``One weekend (Friday, Saturday, and Sunday) in October Time
(Approximate): 8:00 a.m. to 6:00 p.m.
Marine events listed in table 1 to Sec. 100.703 are listed as
recurring over a particular time, during each month and each year.
Exact dates are intentionally omitted since calendar dates for specific
events change from year to year. Once dates for a marine event are
known, the Coast Guard notifies the public it intends to enforce the
special local regulation through various means including a notice of
enforcement published in the Federal Register, Local Notice to
Mariners, and Broadcast Notice to Mariners.
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 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
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 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
[[Page 72325]]
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. 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. A Memorandum for
Record supporting this determination is available in the docket. For
instructions on locating the docket, see the ADDRESSES section of this
preamble.
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
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard is
amending 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
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Date/time Event/sponsor Location Regulated area
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1. One Saturday in January; Time Gasparilla Tapa, Florida.................... Location: A regulated
(Approximate): 11:30 a.m. to 2 Invasion and area is established
p.m. Parade/Ye Mystic consisting of the
Krewe of following waters 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.
[[Page 72326]]
(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
Time (Approximate): 9:00 a.m. River Regatta/ Area #1. All waters of
to 9:00 p.m. City of Bradenton. the Manatee River
between the Green
Bridge and the CSX
Train Trestle
contained within the
following points:
27[deg]30'43'' N,
082[deg]34'20'' W,
thence to position
27[deg]30'44'' N,
082[deg]34'09'' W,
thence to position
27[deg]30'00'' N,
082[deg]34'04'' W,
thence to position
27[deg]29'58'' N,
082[deg]34'15'' W,
thence back to the
original position,
27[deg]30'43'' N,
082[deg]34'20'' W.
Enforcement Area #2.
All waters of the
Manatee River
contained within the
following points:
27[deg]30'35'' N,
082[deg]34'37'' W,
thence to position
27[deg]30'35'' N,
082[deg]34'26'' W,
thence to position
27[deg]30'26'' N,
082[deg]34'26'' W,
thence to position
27[deg]30'26'' N,
082[deg]34'37'' W,
thence back to the
original position,
27[deg]30'35'' N,
082[deg]34'37'' W.
3. One weekend (Friday, Gulfport Grand Gulfport, FL..................... Location(s): (1) Race
Saturday, and Sunday) in March; Prix/Gulfport Area. All waters of
Time (Approximate): 8:00 a.m. Grand Prix LLC. Boca de Ciego
to 5:00 p.m. contained within the
following points:
27[deg]44'10'' N,
082[deg]42'29'' W,
thence to position
27[deg]44'07'' N,
082[deg]42'40'' W,
thence to position
27[deg]44'06'' N,
082[deg]42'40'' W,
thence to position
27[deg]44'04'' N,
082[deg]42'29'' W,
thence to position
27[deg]44'07'' N,
082[deg]42'19'' W,
thence to position
27[deg]44'08'' N,
082[deg]42'19'' W,
thence back to the
original position,
27[deg]44'10'' N,
082[deg]42'29'' W.
(2) Buffer Zone. All
waters of Boca de
Ciego encompassed
within the following
points: 27[deg]44'10''
N, 082[deg]42'47'' W,
thence to position
27[deg]44'01'' N,
082[deg]42'44'' W,
thence to position
27[deg]44'01'' N,
082[deg]42'14'' W,
thence to position
27[deg]44'15'' N,
082[deg]42'14'' W.
4. One weekend (Friday, Saturday Sarasota Powerboat Sarasota, FL..................... Location: All waters of
and Sunday) in September; Time Grand Prix/ the Gulf of Mexico
(Approximate): 8:00 a.m. to Powerboat P-1 contained within the
6:00 p.m. USA, LLC. following points:
27[deg]18'44'' N,
082[deg]36'14'' W,
thence to position
27[deg]19'09'' N,
082[deg]35'13'' W,
thence to position
27[deg]17'42'', N,
082[deg]34'00'' W,
thence to position
27[deg]16'43'' N,
082[deg]34'49'' W,
thence back to the
original position,
27[deg]18'44'' N,
082[deg]36'14'' W.
5. One weekend (Saturday and Clearwater Clearwater, FL................... (1) Race Area. All
Sunday) in September; Time Offshore waters of the Gulf of
(Approximate): 8:00 a.m. to Nationals/Race Mexico contained
4:00 p.m. World Offshore. within 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.
6. One weekend (Friday, Saturday St.Petersburg St. Petersburg, FL............... Location: All waters of
and Sunday) in October; Time Powerboat Grand the Tampa Bay
(Approximate): 8:00 a.m. to Prix. encompassed within the
6:00 p.m. following points:
27[deg]46'56.22'' N,
082[deg]36'55.50'' W,
thence to position
27[deg]47'08.82'' N,
082[deg]34'33.24'' W,
thence to position
27[deg]46'06.96'' N,
082[deg]34'29.04'' W,
thence to position
27[deg]45'59.22'' N,
082[deg]37'02.88'' W,
thence back to the
original position
27[deg]46'24.24'' N,
082[deg]37'30.24'' W.
7. One Thursday, Friday, and Roar Offshore/OPA Fort Myers Beach, FL............. Locations: All waters
Saturday in October; Time Racing LLC. of the Gulf of Mexico
(Approximate): 10:00 a.m. to west of Fort Myers
5:00 p.m. Beach contained within
the following points:
26[deg]26'27'' N,
081[deg]55'55'' W,
thence to position
26[deg]25'33'' N,
longitude
081[deg]56'34'' W,
thence to position
26[deg]26'38'' N,
081[deg]58'40'' W,
thence to position
26[deg]27'25'' N,
081[deg]58'8'' W,
thence back to the
original position
26[deg]26'27'' N,
081[deg]55'55'' W.
8. One weekend (Friday, OPA World Englewood Beach, FL.............. Locations: (1) Race
Saturday, and Sunday) in Championships/ Area. All waters of
November; Time (Approximate): Englewood Beach the Gulf of Mexico
8:00 a.m. to 6:00 p.m. Waterfest. contained within the
following points:
26[deg]56'00'' N,
082[deg]22'11'' W,
thence to position
26[deg]55'59'' N,
082[deg]22'16'' W,
thence to position
26[deg]54'22'' N,
082[deg]21'20'' W,
thence to position
26[deg]54'24'' N,
082[deg]21'16'' W,
thence to position
26[deg]54'25'' N,
082[deg]21'17'' W,
thence back to the
original position,
26[deg]56'00'' N,
082[deg]21'11'' W.
[[Page 72327]]
(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: August 26, 2024.
Michael P. Kahle,
Captain, U.S. Coast Guard, Captain of the Port Sector St. Petersburg.
[FR Doc. 2024-19829 Filed 9-4-24; 8:45 am]
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