Special Local Regulations; Recurring Marine Events, Sector St. Petersburg, 16685-16688 [2024-05009]
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Federal Register / Vol. 89, No. 47 / Friday, March 8, 2024 / Rules and Regulations
TABLE 1 TO PARAGRAPH (a)(5)—
Continued
Year
Limit
2022 ......................................
2023 ......................................
2024 ......................................
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7,100,000
7,600,000
7,900,000
*
[FR Doc. 2024–04726 Filed 3–7–24; 8:45 am]
BILLING CODE 6717–01–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG–2024–0175]
Special Local Regulations; Lake
Havasu Triathlon, Lake Havasu, AZ
Coast Guard, Department of
Homeland Security (DHS).
ACTION: Notification of enforcement of
regulation.
AGENCY:
The Coast Guard will enforce
the Lake Havasu Triathlon special local
regulations on the waters of the
Colorado River on March 17, 2024.
These special local regulations are
necessary to provide for the safety of the
participants, crew, spectators, sponsor
vessels, and general users of the
waterway. During the enforcement
period, persons and vessels are
prohibited from anchoring, blocking,
loitering, or impeding within this
regulated area unless authorized by the
Captain of the Port, or his designated
representative.
SUMMARY:
The regulations in 33 CFR
100.1102 will be enforced from 5:30
a.m. through 10:30 a.m. on March 17,
2024, for the location described in Item
15 of Table 1 to § 100.1102.
FOR FURTHER INFORMATION CONTACT: If
you have questions about this
notification of enforcement, call or
email Lieutenant Shelley Turner,
Waterways Management Division, US
Coast Guard Sector San Diego, CA;
telephone (619) 278–7656, email
D11MarineEventsSD@uscg.mil.
SUPPLEMENTARY INFORMATION: The Coast
Guard will enforce the special local
regulations in 33 CFR 100.1102 for the
Lake Havasu Triathlon in Lake Havasu,
AZ for the locations described in item
15 of Table 1 to § 100.1102 from 5:30
a.m. until 10:30 a.m. on March 17, 2024.
The location includes the waters of the
Colorado River, AZ, including the Lake
Havasu Channel. This enforcement
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DATES:
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action is being taken to provide for the
safety of life on navigable waterways
during the event. The Coast Guard’s
regulation for recurring marine events in
the San Diego Captain of the Port Zone
identifies the regulated entities and area
for this event. Under the provisions of
33 CFR 100.1102, persons and vessels
are prohibited from anchoring, blocking,
loitering, or impeding within this
regulated area, unless authorized by the
Captain of the Port, or his designated
representative. The Coast Guard may be
assisted by other Federal, State, or local
law enforcement agencies in enforcing
this regulation.
In addition to this document in the
Federal Register, the Coast Guard will
provide the maritime community with
advance notification of this enforcement
period via the Local Notice to Mariners,
marine information broadcasts, and
local advertising by the event sponsor.
If the Captain of the Port Sector San
Diego or his designated representative
determines that the regulated area need
not be enforced for the full duration
stated on this document, he or she may
use a Broadcast Notice to Mariners or
other communications coordinated with
the event sponsor to grant general
permission to enter the regulated area.
James W. Spitler,
Captain, U.S. Coast Guard, Captain of the
Port San Diego.
[FR Doc. 2024–04906 Filed 3–7–24; 8:45 am]
BILLING CODE 9110–04–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, Department of
Homeland Security (DHS).
ACTION: Final rule.
AGENCY:
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.
SUMMARY:
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16685
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 Mara.J.Brown@
uscg.mil.
SUPPLEMENTARY INFORMATION:
ADDRESSES:
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 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
§ 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.
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 highspeed 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
1 88
FR 51763.
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Federal Register / Vol. 89, No. 47 / Friday, March 8, 2024 / Rules and Regulations
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 § 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
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.
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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,
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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
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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.
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Federal Register / Vol. 89, No. 47 / Friday, March 8, 2024 / Rules and Regulations
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
1. The authority citation for part 100
continues to read as follows:
■
Authority: 46 U.S.C. 70041; 33 CFR 1.05–
1.
16687
2. In § 100.703, revise Table 1 to read
as follows:
■
§ 100.703 Special Local Regulations;
Recurring Marine Events, Sector St.
Petersburg.
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TABLE 1 TO § 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
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.
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.
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 Prix/
Gulfport Grand Prix
LLC.
Gulfport, FL ....................
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
Sarasota, FL ...................
Grand Prix/Powerboat P–1 USA, LLC.
7. One Thursday, Friday, and Saturday in
October. Time (Approximate): 10 a.m.
to 5 p.m.
VerDate Sep<11>2014
St.Petersburg P–1
Powerboat Grand
Prix.
St. Petersburg, FL ..........
Clearwater Offshore
Nationals/Race
World Offshore.
Clearwater, FL ................
Roar Offshore/OPA
Racing LLC.
Fort Myers Beach, FL ....
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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.
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Federal Register / Vol. 89, No. 47 / Friday, March 8, 2024 / Rules and Regulations
TABLE 1 TO § 100.703—SPECIAL LOCAL REGULATIONS; RECURRING MARINE EVENTS, SECTOR ST. PETERSBURG—
Continued
[Datum NAD 1983]
Date/time
Event/sponsor
8. One weekend (Friday, Saturday, and
Sunday) in November. Time (Approximate): 8 a.m. to 6
p.m.
OPA World Championships/Englewood Beach
Waterfest.
Location
Regulated area
Englewood Beach, FL ....
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: March 1, 2024.
Michael P. Kahle,
Captain, U.S. Coast Guard, Captain of the
Port Sector St. Petersburg.
number (USCG–2023–0231) in the
‘‘SEARCH’’ box and click ‘‘SEARCH’’. In
the Document Type column, select
‘‘Supporting & Related Material’’.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this temporary
interim rule, call or email Carl Hausner,
Chief, Bridge Section, Eleventh Coast
Guard District; telephone 510–437–
3516, email Carl.T.Hausner@uscg.mil.
SUPPLEMENTARY INFORMATION:
[FR Doc. 2024–05009 Filed 3–7–24; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
I. Table of Abbreviations [Delete/Add
Any Abbreviations Not Used/Used in
This Document]
33 CFR Part 117
[Docket No. USCG–2023–0231]
Coast Guard, Department of
Homeland Security (DHS).
ACTION: Temporary interim rule and
request for comments.
CFR Code of Federal Regulations
Caltrans California Department of
Transportation
CADFW California Department of Fish and
Wildlife
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Pub. L. Public Law
§ Section
U.S.C. United States Code
The Coast Guard is
temporarily modifying the operating
schedule that governs the draw of the
California Department of Transportation
(Route 4) highway bridge, mile 14.8
between Victoria Island and Byron
Tract, CA. This action is necessary to
allow the bridge owner to complete
rehabilitation of the bridge after a
continuing unexpected delay in
installing We can’t have and testing of
the custom-made electronics.
DATES: Effective March 8, 2024, 33 CFR
117.183 is stayed until 5 p.m. on May
31, 2024. The temporary addition of 33
CFR 117.T184 is effective from 5 p.m.
on March 8, 2024 through 5 p.m. on
May 31, 2024. Comments and related
material must reach the Coast Guard on
or before April 8, 2024.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov. Type the docket
II. Background Information and
Regulatory History
The Coast Guard is issuing this
temporary interim rule without prior
notice and opportunity to comment
pursuant to authority under section 4(a)
of the Administrative Procedure Act
(APA) (5 U.S.C. 553(b)). This provision
authorizes an agency to issue a rule
without prior notice and opportunity to
comment when the agency for good
cause finds that those procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ Under 5 U.S.C.
553(b), the Coast Guard finds that good
cause exists for not publishing a notice
of proposed rulemaking (NPRM) with
respect to this rule because it is
impracticable. This bridge is nonoperational and will be non-operational
until rehabilitation work can be
completed.
On October 27, 2022, the Coast Guard
issued a General Deviation which
RIN 1625–AA09
Drawbridge Operation Regulation; Old
River, Between Victoria Island and
Byron Tract, CA
AGENCY:
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SUMMARY:
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allowed the bridge owner, Caltrans, to
deviate from the current operating
schedule in 33 CFR 117.183 to conduct
major mechanical and electrical
rehabilitation of the bridge. Due to
delays in procuring materials,
vandalism of critical electrical
submarine cables, and an active winter
storm season, the project ran past the
end date of April 23, 2023, of the
General Deviation. The bridge could not
be brought back to operating condition
until the delivery of the critical Program
Logic Control circuit and the
replacement or repairs to the submarine
cable could be made. On October 17,
2023, Caltrans informed the Coast Guard
that critical electronic components,
needed to complete the rehabilitation of
the bridge, were still on back-order and
not expected to be delivered in time for
a project completion deadline of
November 30, 2023. It was anticipated
that the parts would be delivered in the
beginning of the new year, the bridge
work completed and the span
operational by March 1, 2024. There
was insufficient time to provide a
reasonable comment period and then
consider those comments before issuing
the modification. On January 30, 2024,
Caltrans notified the Coast Guard that
the bridge would not be operational by
March 1, 2024. The back ordered critical
electronic components have been
received and are currently being
installed. After the installation of the
electronic components, critical testing
of the span must be conducted before it
is put back into operation. Therefore, it
is now anticipated the span will be fully
operational by 5 p.m. on May 31, 2024.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this rule effective in less than 30
days after publication in the Federal
Register. For reasons presented above,
delaying the effective date of this rule
would be impracticable and contrary to
the public interest due to the fact that
E:\FR\FM\08MRR1.SGM
08MRR1
]]>Agencies
[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]
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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.
---------------------------------------------------------------------------
\1\ 88 FR 51763.
---------------------------------------------------------------------------
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]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Date/time Event/sponsor Location Regulated area
--------------------------------------------------------------------------------------------------------------------------------------------------------
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.
--------------------------------------------------------------------------------------------------------------------------------------------------------
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]
BILLING CODE 9110-04-P
