Special Local Regulations; Recurring Marine Events, Sector St. Petersburg, 55133-55136 [2024-14245]
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Federal Register / Vol. 89, No. 128 / Wednesday, July 3, 2024 / Proposed Rules
55133
§ 100.801 Annual Marine Events in the
Eighth Coast Guard District.
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TABLE 3 OF § 100.801—SECTOR HOUSTON-GALVESTON ANNUAL AND RECURRING MARINE EVENTS
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8. 3rd Saturday and
Sunday of July.
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Shootout on the San
Jac Boat Race.
Keith M. Donohue,
Captain, U.S. Coast Guard, Captain of the
Port Sector Houston-Galveston.
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All waters within 150 feet of the following area: 29°53′29.0148″ N,
095°06′39.4416″ W; the Approach Zone comprised of a straight
line to begin at approximately 29°53′27.3″ N, 95°06′42.6″ W and
end at approximately 29°53′27.6″ N, 95°06′40.0″ W; the Course
Run Zone comprised of a straight line to begin at approximately
29°53′27.6″ N, 95°06′40.0″ W and end at approximately
29°53′30.0″ N, 95°06′34.7″ W; the Shut-Down Zone comprised of
a straight line to begin at approximately 29°53′30.0″ N,
95°06′34.7″ W and end at approximately 29°53′34.3″ N,
95°06′24.1″ W; and the Spectator Zone located within the following coordinates; 29°53′29.4″ N, 95°06′39.8″ W, thence to
29°53′28.5″ N, 95°06′39.6″ W, thence to 29°53′29.7″ N,
95°06′36.9″ W, thence to 29°53′30.4″ N, 95°06′37.2″ W.
DEPARTMENT OF HOMELAND
SECURITY
www.regulations.gov. See the ‘‘Public
Participation and Request for
Comments’’ portion of the
SUPPLEMENTARY INFORMATION section for
further instructions on submitting
comments. This notice of proposed
rulemaking with its plain-language, 100word-or-less proposed rule summary
will be available in this same docket.
Coast Guard
FOR FURTHER INFORMATION CONTACT:
[FR Doc. 2024–14334 Filed 7–2–24; 8:45 am]
BILLING CODE 9110–04–P
33 CFR Part 100
[Docket Number USCG–2024–0244]
RIN 1625–AA08
Special Local Regulations; Recurring
Marine Events, Sector St. Petersburg
Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
AGENCY:
The Coast Guard is proposing
to revise existing regulations by
updating the dates of existing events in
the Seventh Coast 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. Through this notice the
current list of recurring special local
regulations is updated with the
revisions to two existing events. When
these special local regulations are
enforced, certain restrictions are placed
on marine traffic in specified areas. 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 August 2, 2024.
ADDRESSES: You may submit comments
identified by docket number USCG–
2024–0244 using the Federal DecisionMaking Portal at https://
SUMMARY:
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San Jacinto River,
Houston, TX.
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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, email Mara.J.Brown@
uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
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 amend
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 rule would
ensure that the public is informed of the
most up to date recurring special local
regulations. The current list under
§ 100.703, Table 1 to § 100.703 requires
amendments to two existing 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.
The Coast Guard is proposing this
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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,
Table 1 to § 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.
2. 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 § 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.
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.
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Federal Register / Vol. 89, No. 128 / Wednesday, July 3, 2024 / Proposed Rules
This NPRM 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, the NPRM 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.
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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 proposed 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
proposed 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. The Coast
Guard will not retaliate against small
entities that question or complain about
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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 call or email 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
potential effects of this proposed 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
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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 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.
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
document to which each comment
applies, and provide a reason for each
suggestion or recommendation.
Submitting comments. We encourage
you to submit comments through the
Federal Decision-Making Portal at
https://www.regulations.gov. To do so,
go to https://www.regulations.gov, type
USCG–2024–0244 in the search box and
click ‘‘Search.’’ Next, look for this
document in the Search Results column,
and click on it. Then click on the
Comment option. If you cannot submit
your material by using https://
www.regulations.gov, call or email the
person in the FOR FURTHER INFORMATION
CONTACT section of this proposed rule
for alternate instructions.
Viewing material in docket. To view
documents mentioned in this proposed
rule as being available in the docket,
find the docket as described in the
previous paragraph, and then select
‘‘Supporting & Related Material’’ in the
Document Type column. Public
comments will also be placed in our
online docket and can be viewed by
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Federal Register / Vol. 89, No. 128 / Wednesday, July 3, 2024 / Proposed Rules
following instructions on the https://
www.regulations.gov Frequently Asked
Questions web page. Also, if you click
on the Dockets tab and then the
proposed rule, you should see a
‘‘Subscribe’’ option for email alerts. The
option will notify you when comments
are posted, or a final rule is published.
We review all comments received, but
we will only post comments that
address the topic of the proposed rule.
We may choose not to post off-topic,
inappropriate, or duplicate comments
that we receive.
Personal information. We accept
anonymous comments. Comments we
post to https://www.regulations.gov will
include any personal information you
have provided. For more about privacy
and submissions to the docket in
response to this document, see DHS’s
eRulemaking System of Records notice
(85 FR 14226, March 11, 2020).
List of Subjects in 33 CFR Part 100
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
55135
For the reasons discussed in the
preamble, the Coast Guard is proposing
to amend 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:
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Authority: 46 U.S.C. 70041; 33 CFR 1.05–
1.
2. In § 100.703, revise Table 1 to read
as follows:
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TABLE 1 TO § 100.703—SPECIAL LOCAL REGULATIONS; RECURRING MARINE EVENTS, SECTOR ST. PETERSBURG
khammond on DSKJM1Z7X2PROD with PROPOSALS
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.
Tapa, Florida ..........
2. One Saturday in February; Time
(Approximate): 9:00 a.m. to 9:00
p.m.
Bradenton Area River Regatta/
City of Bradenton.
Bradenton, FL .........
3. One weekend (Friday, Saturday,
and Sunday) in March; Time
(Approximate): 8:00 a.m. to 5:00
p.m.
Gulfport Grand Prix/Gulfport
Grand Prix LLC.
Gulfport, FL .............
4. One weekend (Friday, Saturday
and Sunday) in September;
Time (Approximate): 8:00 a.m.
to 6:00 p.m.
Sarasota Powerboat Grand Prix/
Powerboat P–1 USA, LLC.
Sarasota, FL ...........
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Federal Register / Vol. 89, No. 128 / Wednesday, July 3, 2024 / Proposed Rules
TABLE 1 TO § 100.703—SPECIAL LOCAL REGULATIONS; RECURRING MARINE EVENTS, SECTOR ST. PETERSBURG—
Continued
Date/time
Event/sponsor
Regulated area
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.
5. One weekend (Friday, Saturday
and Sunday) in October; Time
(Approximate): 8:00 a.m. to 6:00
p.m.
St.Petersburg Powerboat Grand
Prix.
St. Petersburg, FL ..
6. One weekend (Saturday and
Sunday) in September; Time
(Approximate): 8:00 a.m. to 4:00
p.m.
Clearwater Offshore Nationals/
Race World Offshore.
Clearwater, FL ........
7. One Thursday, Friday, and Saturday in October; Time (Approximate): 10:00 a.m. to 5:00 p.m.
Roar Offshore/OPA Racing LLC ..
Fort Myers Beach,
FL.
8. One weekend (Friday, Saturday,
and Sunday) in November; Time
(Approximate): 8:00 a.m. to 6:00
p.m.
OPA World Championships/Englewood Beach Waterfest.
Englewood Beach,
FL.
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Dated: June 11, 2024.
Michael P. Kahle,
Captain, U.S. Coast Guard, Captain of the
Port Sector St. Petersburg.
[FR Doc. 2024–14245 Filed 7–2–24; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R06–OAR–2023–0648; FRL–11992–
01–R6]
khammond on DSKJM1Z7X2PROD with PROPOSALS
Location
Air Plan Approval; New Mexico;
Periodic Emission Inventory SIP for
the Sunland Park Nonattainment Area
for the 2015 Ozone NAAQS
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
Pursuant to the Federal Clean
Air Act (CAA or the Act), the
SUMMARY:
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Environmental Protection Agency (EPA)
is proposing to approve State
Implementation Plan (SIP) revisions
related to the 2015 8-hour ozone
National Ambient Air Quality Standards
(NAAQS) for the Sunland Park New
Mexico marginal nonattainment area.
DATES: Written comments must be
received on or before August 2, 2024.
ADDRESSES: Submit your comments,
identified by Docket No. EPA–R06–
OAR–2023–0648, at https://
www.regulations.gov or via email to
salem.nevine@epa.gov. Follow the
online instructions for submitting
comments. Once submitted, comments
cannot be edited or removed from
Regulations.gov. The EPA may publish
any comment received to its public
docket. Do not submit electronically any
information you consider to be
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
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The written comment is considered the
official comment and should include
discussion of all points you wish to
make. The EPA will generally not
consider comments or comment
contents located outside of the primary
submission (i.e. on the web, cloud, or
other file sharing system). For
additional submission methods, please
contact Ms. Nevine Salem, 214–665–
7222, salem.nevine@epa.gov. For the
full EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www.epa.gov/dockets/
commenting-epa-dockets.
Docket: The index to the docket for
this action is available electronically at
www.regulations.gov. While all
documents in the docket are listed in
the index, some information may not be
publicly available due to docket file size
restrictions or content (e.g., CBI).
FOR FURTHER INFORMATION CONTACT: Ms.
Nevine Salem, EPA Region 6 Office,
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]]>Agencies
[Federal Register Volume 89, Number 128 (Wednesday, July 3, 2024)]
[Proposed Rules]
[Pages 55133-55136]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-14245]
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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: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard is proposing to revise existing regulations by
updating the dates of existing events in the Seventh Coast 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. Through this notice the current
list of recurring special local regulations is updated with the
revisions to two existing events. When these special local regulations
are enforced, certain restrictions are placed on marine traffic in
specified areas. 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 August 2, 2024.
ADDRESSES: You may submit comments identified by docket number USCG-
2024-0244 using the Federal Decision-Making 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. This notice of proposed rulemaking
with its plain-language, 100-word-or-less proposed rule summary will be
available in this same docket.
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, 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, Purpose, and Legal Basis
The Coast Guard proposes to amend 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 rule would ensure that
the public is informed of the most up to date recurring special local
regulations. The current list under Sec. 100.703, Table 1 to Sec.
100.703 requires amendments to two existing 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. The Coast
Guard is proposing 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,
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.
2. 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.
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.
[[Page 55134]]
This NPRM 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, the NPRM 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 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 proposed 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 proposed 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. 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 call or email 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 potential effects of
this proposed 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 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.
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 document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
Submitting comments. We encourage you to submit comments through
the Federal Decision-Making Portal at https://www.regulations.gov. To
do so, go to https://www.regulations.gov, type USCG-2024-0244 in the
search box and click ``Search.'' Next, look for this document in the
Search Results column, and click on it. Then click on the Comment
option. If you cannot submit your material by using https://www.regulations.gov, call or email the person in the FOR FURTHER
INFORMATION CONTACT section of this proposed rule for alternate
instructions.
Viewing material in docket. To view documents mentioned in this
proposed rule as being available in the docket, find the docket as
described in the previous paragraph, and then select ``Supporting &
Related Material'' in the Document Type column. Public comments will
also be placed in our online docket and can be viewed by
[[Page 55135]]
following instructions on the https://www.regulations.gov Frequently
Asked Questions web page. Also, if you click on the Dockets tab and
then the proposed rule, you should see a ``Subscribe'' option for email
alerts. The option will notify you when comments are posted, or a final
rule is published.
We review all comments received, but we will only post comments
that address the topic of the proposed rule. We may choose not to post
off-topic, inappropriate, or duplicate comments that we receive.
Personal information. We accept anonymous comments. Comments we
post to https://www.regulations.gov will include any personal
information you have provided. For more about privacy and submissions
to the docket in response to this document, see DHS's eRulemaking
System of Records notice (85 FR 14226, March 11, 2020).
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
proposing to amend 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:
* * * * *
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 Invasion Tapa, Florida......... Location: A regulated area
(Approximate): 11:30 a.m. to 2 p.m. and Parade/Ye Mystic is established consisting
Krewe of Gasparilla. of the following waters of
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
(Approximate): 9:00 a.m. to 9:00 Regatta/City of Area #1. All waters of the
p.m. Bradenton. 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, Saturday, Gulfport Grand Prix/ Gulfport, FL.......... Location(s): (1) Race Area.
and Sunday) in March; Time Gulfport Grand Prix All waters of Boca de
(Approximate): 8:00 a.m. to 5:00 LLC. Ciego contained within the
p.m. 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 the
and Sunday) in September; Time Grand Prix/Powerboat Gulf of Mexico contained
(Approximate): 8:00 a.m. to 6:00 P-1 USA, LLC. within the following
p.m. 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.
[[Page 55136]]
5. One weekend (Friday, Saturday St.Petersburg St. Petersburg, FL.... Location: All waters of the
and Sunday) in October; Time Powerboat Grand Prix. Tampa Bay encompassed
(Approximate): 8:00 a.m. to 6:00 within the following
p.m. 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.
6. One weekend (Saturday and Clearwater Offshore Clearwater, FL........ Locations: (1) Race Area.
Sunday) in September; Time Nationals/Race World All waters of the Gulf of
(Approximate): 8:00 a.m. to 4:00 Offshore. Mexico contained within
p.m. 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.
7. One Thursday, Friday, and Roar Offshore/OPA Fort Myers Beach, FL.. Locations: All waters of
Saturday in October; Time Racing LLC. the Gulf of Mexico west of
(Approximate): 10:00 a.m. to 5:00 Fort Myers Beach contained
p.m. 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, Saturday, OPA World Englewood Beach, FL... Locations: (1) Race Area.
and Sunday) in November; Time Championships/ All waters of the Gulf of
(Approximate): 8:00 a.m. to 6:00 Englewood Beach Mexico contained within
p.m. Waterfest. 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.
(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: June 11, 2024.
Michael P. Kahle,
Captain, U.S. Coast Guard, Captain of the Port Sector St. Petersburg.
[FR Doc. 2024-14245 Filed 7-2-24; 8:45 am]
BILLING CODE 9110-04-P
