Special Local Regulations; Recurring Marine Events, Sector St. Petersburg, 51763-51766 [2023-16665]
Download as PDF
<![CDATA[
TKELLEY on DSK125TN23PROD with PROPOSALS
Federal Register / Vol. 88, No. 149 / Friday, August 4, 2023 / Proposed Rules
monetized installment sale transaction
if, in connection with the transaction,
and regardless of the order of the steps,
or the presence of additional steps or
parties—
(1) A taxpayer (seller), or a person
acting on the seller’s behalf, identifies a
potential buyer for appreciated property
(gain property), who is willing to
purchase the gain property for cash or
other property (buyer cash);
(2) The seller enters into an agreement
to sell the gain property to a person
other than the buyer (intermediary), in
exchange for an installment obligation;
(3) The seller purportedly transfers
the gain property to the intermediary,
although the intermediary either never
takes title to the gain property or takes
title only briefly before transferring it to
the buyer;
(4) The intermediary purportedly
transfers the gain property to the buyer
in a sale of the gain property in
exchange for the buyer cash;
(5) The seller obtains a loan, the terms
of which are such that the amount of the
intermediary’s purported interest
payments on the installment obligation
correspond to the amount of the seller’s
purported interest payments on the loan
during the period. On each of the
installment obligation and loan, only
interest is due over identical periods,
with balloon payments of all or a
substantial portion of principal due at or
near the end of the instruments’ terms;
(6) The sales proceeds from the buyer
received by the intermediary, reduced
by certain fees (including an amount set
aside to fund purported interest
payments on the purported installment
obligation), are provided to the
purported lender to fund the purported
loan to the seller or transferred to an
escrow or investment account of which
the purported lender is a beneficiary.
The lender agrees to repay these
amounts to the intermediary over the
course of the term of the installment
obligation; and
(7) On the seller’s Federal income tax
return for the taxable year of the
purported installment sale, the seller
treats the purported installment sale as
an installment sale under section 453.
(c) Substantially similar transactions.
A transaction may be substantially
similar to a transaction described in
paragraph (b) of this section if the
transaction does not include all of the
elements described in that paragraph.
For example, a transaction would be
substantially similar to a monetized
installment sale described in paragraph
(b) of this section if a seller transfers
property to an intermediary for an
installment obligation, the intermediary
simultaneously or after a brief period
VerDate Sep<11>2014
16:26 Aug 03, 2023
Jkt 259001
transfers the property to a previously
identified buyer for cash or other
property, and in connection with the
transaction, the seller receives a loan for
which the cash or property from the
buyer serves indirectly as collateral.
(d) Participation in a monetized
installment sale transaction.
Participants in a monetized installment
sale transaction described in paragraph
(b) of this section include sellers,
intermediaries and purported lenders
described in paragraph (b) of this
section and any other taxpayer whose
Federal income tax return reflects tax
consequences or the tax strategy
described in paragraph (b) of this
section or a substantially similar
transaction. Buyers of gain property
described in paragraph (b) of this
section are not treated as participants.
(e) Applicability date. This section’s
identification of transactions that are the
same as, or substantially similar to, the
transaction described in paragraph (b) of
this section as listed transactions for
purposes of § 1.6011–4(b)(2) and
sections 6111 and 6112 of the Code is
effective the date that these regulations
are published as final regulations in the
Federal Register. Notwithstanding
section 301.6111–3(b)(4)(i) and (iii) of
this chapter, material advisors are
required to disclose only if they have
made a tax statement on or after the date
that is 6 years before the date that these
regulations are published as final
regulations in the Federal Register.
Douglas W. O’Donnell,
Deputy Commissioner for Services and
Enforcement.
[FR Doc. 2023–16650 Filed 8–3–23; 8:45 am]
BILLING CODE 4830–01–P
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
Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
AGENCY:
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
SUMMARY:
PO 00000
Frm 00025
Fmt 4702
Sfmt 4702
51763
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
Mara.J.Brown@uscg.mil.
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
§ 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
§ 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 § 100.703, Line
No. 6, to reflect a date and time change.
Marine events listed in Table 1 to
§ 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
E:\FR\FM\04AUP1.SGM
04AUP1
51764
Federal Register / Vol. 88, No. 149 / Friday, August 4, 2023 / Proposed Rules
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.
TKELLEY on DSK125TN23PROD with PROPOSALS
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
VerDate Sep<11>2014
16:26 Aug 03, 2023
Jkt 259001
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.
PO 00000
Frm 00026
Fmt 4702
Sfmt 4702
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
E:\FR\FM\04AUP1.SGM
04AUP1
Federal Register / Vol. 88, No. 149 / Friday, August 4, 2023 / Proposed Rules
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
51765
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
1. The authority citation for part 100
continues to read as follows:
■
Authority: 46 U.S.C. 70041; 33 CFR 1.05–
1.
2. In § 100.703, revise Table 1 to read
as follows:
■
TABLE 1 TO § 100.703—SPECIAL LOCAL REGULATIONS; RECURRING MARINE EVENTS, SECTOR ST. PETERSBURG
TKELLEY on DSK125TN23PROD with PROPOSALS
[Datum NAD 1983]
Date/time
Event/sponsor
Location
Regulated area
1. One Saturday in
January. Time
(Approximate):
11:30 a.m. to 2
p.m.
Gasparilla Invasion and Parade/Ye Mystic
Krewe of
Gasparilla.
Tampa, Florida ...................................................
2. One Saturday in
February. Time
(Approximate): 9
a.m. to 9 p.m.
Bradenton Area
River Regatta/
City of Bradenton.
Bradenton, FL .....................................................
3. One weekend
(Friday, Saturday,
and Sunday) in
March. Time (Approximate): 8
a.m. to 5 p.m.
Gulfport Grand
Gulfport, FL ........................................................
Prix/Gulfport
Grand Prix LLC.
Location: A regulated area is established consisting of the following
waters of Hillsborough Bay and its tributaries north of 27°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°53′53″ N, 082°27′47″ W; 27°53′22″ N, 082°27′10″ W; 27°52′36″ N,
082°27′55″ W; 27°53′02″ N, 082°28′31″ W.
Location(s) Enforcement Area #1. All waters of the Manatee River between the Green Bridge and the CSX Train Trestle contained within
the following points: 27°30′43″ N, 082°34′20″ W, thence to position
27°30′44″ N, 082°34′09″ W, thence to position 27°30′00″ N,
082°34′04″ W, thence to position 27°29′58″ N, 082°34′15″ W, thence
back to the original position, 27°30′43″ N, 082°34′20″ W.
Enforcement Area #2. All waters of the Manatee River contained within
the following points: 27°30′35″ N, 082°34′37″ W, thence to position
27°30′35″ N, 082°34′26″ W, thence to position 27°30′26″ N,
082°34′26″ W, thence to position 27°30′26″ N, 082°34′37″ W, thence
back to the original position, 27°30′35″ N, 082°34′37″ W.
Location(s): (1) Race Area. All waters of Boca de Ciego contained within
the following points: 27°44′10″ N, 082°42′29″ W, thence to position
27°44′07″ N, 082°42′40″ W, thence to position 27°44′06″ N,
082°42′40″ W, thence to position 27°44′04″ N, 082°42′29″ W, thence
to position 27°44′07″ N, 082°42′19″ W, thence to position 27°44′08″
N, 082°42′19″ W, thence back to the original position, 27°44′10″ N,
082°42′29″ W.
(2) Buffer Zone. All waters of Boca de Ciego encompassed within the
following points: 27°44′10″ N, 082°42′47″ W, thence to position
27°44′01″ N, 082°42′44″ W, thence to position 27°44′01″ N,
082°42′14″ W, thence to position 27°44′15″ N, 082°42′14″ W.
VerDate Sep<11>2014
16:26 Aug 03, 2023
Jkt 259001
PO 00000
Frm 00027
Fmt 4702
Sfmt 4702
E:\FR\FM\04AUP1.SGM
04AUP1
51766
Federal Register / Vol. 88, No. 149 / Friday, August 4, 2023 / Proposed Rules
TABLE 1 TO § 100.703—SPECIAL LOCAL REGULATIONS; RECURRING MARINE EVENTS, SECTOR ST. PETERSBURG—
Continued
[Datum NAD 1983]
Date/time
Event/sponsor
Location
Regulated area
4. One weekend
(Saturday and
Sunday) in July.
Time (Approximate): 8 a.m. to 5
p.m.
5. One weekend
(Saturday and
Sunday) in September. Time
(Approximate): 8
a.m. to 4 p.m.
6. One weekend
(Saturday and
Sunday) in September. Time
(Approximate): 8
a.m. to 4 p.m.
Sarasota Powerboat Grand
Prix/Powerboat
P–1 USA, LLC.
Sarasota, FL .......................................................
Location: All waters of the Gulf of Mexico contained within the following
points: 27°18′44″ N, 082°36′14″ W, thence to position 27°19′09″ N,
082°35′13″ W, thence to position 27°17′42″ N, 082°34′00″ W, thence
to position 27°16′43″ N, 082°34′49″ W, thence back to the original position, 27°18′44″ N, 082°36′14″ W
St. Petersburg P–
1 Powerboat
Grand Prix.
St. Petersburg, FL ..............................................
Clearwater Offshore Nationals/Race World
Offshore.
Clearwater, FL ....................................................
7. One Thursday,
Friday, and Saturday in October.
Time (Approximate): 10 a.m. to
5 p.m.
8. One weekend
(Friday, Saturday,
and Sunday) in
November. Time
(Approximate): 8
a.m. to 6 p.m.
Roar Offshore/
OPA Racing
LLC.
Fort Myers Beach, FL ........................................
OPA World
Championships/
Englewood
Beach
Waterfest.
Englewood Beach, FL ........................................
Location: All waters of the Tampa Bay encompassed within the following
points: 27°46′56.22″ N, 082°36′55.50″ W, thence to position
27°47′08.82″ N, 082°34′33.24″ W, thence to position 27°46′06.96″ N,
082°34′29.04″ W, thence to position 27°45′59.22″ N, 082°37′02.88″
W, thence back to the original position 27°46′24.24″ N, 082°37′30.24″
W.
Locations: (1) Race Area. All waters of the Gulf of Mexico contained
within the following points: 27°58′34″ N, 82°50′09″ W, thence to position 27°58′32″ N, 82°50′02″ W, thence to position 28°00′12″ N,
82°50′10″ W, thence to position 28°00′13″ N, 82°50′10″ W, thence
back to the original position, 27°58′34″ N, 82°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°58′40″ N, 82°50′37″ W, thence to position 28°00′57″ N, 82°49′45″ W, thence to position 27°58′32″ N,
82°50′32″ W, thence to position 27°58′23″ N, 82°49′53″ W, thence
back to position 28°58′40″ N, 82°50′37″ W.
Locations: All waters of the Gulf of Mexico west of Fort Myers Beach
contained within the following points: 26°26′27″ N, 081°55′55″ W,
thence to position 26°25′33″ N, longitude 081°56′34″ W, thence to position 26°26′38″ N, 081°58′40″ W, thence to position 26°27′25″ N,
081°58′8″ W, thence back to the original position 26°26′27″ N,
081°55′55″ W.
Locations: (1) Race Area. All waters of the Gulf of Mexico contained
within the following points: 26°56′00″ N, 082°22′11″ W, thence to position 26°55′59″ N, 082°22′16″ W, thence to position 26°54′22″ N,
082°21′20″ W, thence to position 26°54′24″ N, 082°21′16″ W, thence
to position 26°54′25″ N, 082°21′17″ W, thence back to the original position, 26°56′00″ N, 082°21′11″ W.
(2) Spectator Area. All waters of the Gulf of Mexico contained with the
following points: 26°55′33″ N, 082°22′21″ W, thence to position
26°54′14″ N, 082°21′35″ W, thence to position 26°54′11″ N,
082°21′40″ W, thence to position 26°55′31″ N, 082°22′26″ W , thence
back to position 26°55′33″ N, 082°22′21″ W.
(3) Enforcement Area. All waters of the Gulf of Mexico encompassed
within the following points: 26°56′09″ N, 082°22′12″ W, thence to position 26°54′13″ N, 082°21′03″ W, thence to position 26°53′58″ N,
082°21′43″ W, thence to position 26°55′56″ N, 082°22′48″ W, thence
back to position 26°56′09″ N, 082°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]
TKELLEY on DSK125TN23PROD with PROPOSALS
BILLING CODE 9110–04–P
VerDate Sep<11>2014
16:26 Aug 03, 2023
Jkt 259001
PO 00000
Frm 00028
Fmt 4702
Sfmt 9990
E:\FR\FM\04AUP1.SGM
04AUP1
]]>Agencies
[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
