Special Local Regulations; Recurring Marine Events, Sector St. Petersburg, 72323-72327 [2024-19829]
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Federal Register / Vol. 89, No. 172 / Thursday, September 5, 2024 / Rules and Regulations
72323
TABLE 1—HYDROPHILIC RE-COATING SOLUTION RISKS AND MITIGATION MEASURES
Identified risks
Mitigation measures
Adverse events leading to eye irritation (redness, burning, stinging, discomfort, pain), infection, keratitis, corneal ulcer, loss of visual
acuity, or allergic reaction.
Adverse tissue reaction ......................................
Infection ..............................................................
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Use error/improper device use leading to eye irritation (redness, burning, stinging, discomfort, pain), infection, keratitis, corneal ulcer,
loss of visual acuity.
Clinical performance testing, Human factors evaluation, and Labeling.
Biocompatibility evaluation, Lens solution compatibility testing, Coating effectiveness testing,
and Labeling.
Sterility testing and validation, Disinfection solution compatibility testing, Shelf life testing, and
Labeling.
Clinical performance testing, Human factors evaluation, Coating performance testing, and Labeling.
FDA has determined that special
controls, in combination with the
general controls, address these risks to
health and provide reasonable assurance
of safety and effectiveness. For a device
to fall within this classification, and
thus avoid automatic classification in
class III, it would have to comply with
the special controls named in this final
order. The necessary special controls
appear in the regulation codified by this
order. This device is subject to
premarket notification requirements
under section 510(k) of the FD&C Act.
of information in 21 CFR part 801,
regarding labeling, have been approved
under OMB control number 0910–0485.
III. Analysis of Environmental Impact
The Agency has determined under 21
CFR 25.34(b) that this action is of a type
that does not individually or
cumulatively have a significant effect on
the human environment. Therefore,
neither an environmental assessment
nor an environmental impact statement
is required.
■
IV. Paperwork Reduction Act of 1995
This final order establishes special
controls that refer to previously
approved collections of information
found in other FDA regulations and
guidance. These collections of
information are subject to review by the
Office of Management and Budget
(OMB) under the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501–3521). The
collections of information in part 860,
subpart D, regarding De Novo
classification have been approved under
OMB control number 0910–0844; the
collections of information in 21 CFR
part 814, subparts A through E,
regarding premarket approval, have
been approved under OMB control
number 0910–0231; the collections of
information in 807, subpart E, regarding
premarket notification submissions,
have been approved under OMB control
number 0910–0120; the collections of
information in 21 CFR part 820,
regarding quality system regulation,
have been approved under OMB control
number 0910–0073; and the collections
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List of Subjects in 21 CFR Part 886
Medical devices, Ophthalmic goods
and services.
Therefore, under the Federal Food,
Drug, and Cosmetic Act and under
authority delegated to the Commissioner
of Food and Drugs, 21 CFR part 886 is
amended as follows:
PART 886—OPHTHALMIC DEVICES
1. The authority citation for part 886
continues to read as follows:
Authority: 21 U.S.C. 351, 360, 360c, 360e,
360j, 360l, 371.
2. Add § 886.5919 to subpart F to read
as follows:
■
§ 886.5919
Hydrophilic re-coating solution.
(a) Identification. A hydrophilic recoating solution is a home use device
intended to restore the hydrophilic
coating of rigid gas permeable (RGP)
contact lenses using reactive coating
components.
(b) Classification. Class II (special
controls). The special controls for this
device are:
(1) Clinical performance testing must
evaluate device safety as assessed by
adverse events, slit lamp findings, and
maintenance of visual acuity.
(2) The patient contacting
components of the device and packaging
components must be demonstrated to be
biocompatible.
(3) Performance testing must
demonstrate the sterility of the device.
(4) Use-related risk analysis must be
performed to determine if a selfselection study and human factors
validation study must be conducted to
demonstrate that users can correctly use
the device based solely on reading the
directions for use.
(5) Performance data must support the
shelf life of the device by demonstrating
continued sterility, package integrity,
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and device functionality over the
identified shelf life.
(6) Performance testing must
demonstrate compatibility with each
lens and solution labeled for use with
the device.
(7) Performance testing must
demonstrate the ability of the device to
restore the coating of compatible lenses.
(8) Labeling must include the
following:
(i) Instructions on how to correctly
use the device, including instructions to
use fresh components for each use;
(ii) Descriptions of compatible contact
lenses;
(iii) Descriptions of compatible care
solutions;
(iv) A warning that if patients are not
sure of their lens material, they should
contact their health care provider prior
to use; and
(v) A precaution against use with
lenses that have not been demonstrated
to be compatible with the device.
Dated: August 29, 2024.
Lauren K. Roth,
Associate Commissioner for Policy.
[FR Doc. 2024–19882 Filed 9–4–24; 8:45 am]
BILLING CODE 4164–01–P
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
Coast Guard, DHS.
Final rule.
AGENCY:
ACTION:
The Coast Guard is revising
existing regulations by updating two
dates of events in the Seventh Coast
SUMMARY:
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Federal Register / Vol. 89, No. 172 / Thursday, September 5, 2024 / Rules and Regulations
Guard District Captain of the Port
(COTP) St. Petersburg. This action is
necessary to provide for the safety of life
on these navigable waters in Sarasota
and St. Petersburg, FL.
DATES: This rule is effective September
5, 2024.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2024–
0244 in the search box and click
‘‘Search.’’ Next, in the Document Type
column, select ‘‘Supporting & Related
Material.’’
If
you have questions about this rule, call
or email Marine Science Technician
First Class Mara J. Brown, Sector St.
Petersburg Prevention Department,
Coast Guard; telephone (813) 228–2191,
email Mara.J.Brown@uscg.mil.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
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
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II. Background Information and
Regulatory History
The Coast Guard is amending the
Recurring Marine Events in the
geographic boundaries of the Seventh
Coast Guard District Captain of the Port
(COTP) St. Petersburg Zone that are
listed in 33 CFR 100.703, table 1 to
100.703. The rule will ensure that the
public is informed of the most up to
date recurring special local regulations.
The purpose of this rulemaking is to
ensure the safety of vessels and the
navigable waters, during and after the
scheduled events. On July 3, 2024, the
Coast Guard published a notice of
proposed rulemaking (NPRM) titled,
‘‘Special Local Regulations; Recurring
Marine Events, Sector St. Petersburg’’
(89 FR 55133). There we stated why we
issued the NPRM and invited comments
on our proposed regulatory action
related to this fireworks display. During
the comment period that ended August
2, 2024, we received no comments.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this rule effective less than 30
days after publication in the Federal
Register. Delaying the effective date of
this rule would be impracticable
because we must establish a special
local regulation (SLR) for the safety of
the event participants and the public for
a high-speed boat race starting on
September 13, 2024. The event
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protected by the SLR in 33 CFR 100.703,
table 1 to § 100.703, item 4, as amended
by this rule, is scheduled to start on
September 13, 2024. Therefore, it is
impracticable to delay implementation
of this final rule 30 days because we
must establish this SLR for the
protection of participants of the highspeed boat race and all others transiting
nearby.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 46 U.S.C. 70041. The
Captain of the Port Sector St. Petersburg
(COTP) has determined that potential
hazards associated with the events will
be a safety concern for anyone within
the safety zone. The purpose of this rule
is to ensure safety of vessels and the
navigable waters before, during, and
after the scheduled events.
IV. Discussion of Comments, Changes,
and the Rule
As noted above, we received no
comments on our NPRM published July
3, 2024. There are no changes in the
regulatory text of this rule from the
proposed rule in the NPRM. This rule
makes the following changes in 33 CFR
100.703, table 1 to § 100.703:
1. Revise Line No. 4, to reflect a date
and time change to ‘‘One weekend
(Friday, Saturday, and Sunday) in
September Time (Approximate): 8:00
a.m. to 6:00 p.m. Revise Line No. 5, to
reflect a date and time change to ‘‘One
weekend (Friday, Saturday, and
Sunday) in October Time
(Approximate): 8:00 a.m. to 6:00 p.m.
Marine events listed in table 1 to
§ 100.703 are listed as recurring over a
particular time, during each month and
each year. Exact dates are intentionally
omitted since calendar dates for specific
events change from year to year. Once
dates for a marine event are known, the
Coast Guard notifies the public it
intends to enforce the special local
regulation through various means
including a notice of enforcement
published in the Federal Register, Local
Notice to Mariners, and Broadcast
Notice to Mariners.
V. Regulatory Analyses
We developed this rule after
considering numerous statutes and
Executive orders related to rulemaking.
Below we summarize our analyses
based on a number of these statutes and
Executive orders, and we discuss First
Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563
direct agencies to assess the costs and
benefits of available regulatory
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alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits.
This rule has not been designated a
‘‘significant regulatory action,’’ under
section 3(f) of Executive Order 12866, as
amended by Executive Order 14094
(Modernizing Regulatory Review).
Accordingly, this rule has not been
reviewed by the Office of Management
and Budget (OMB).
This regulatory action determination
is based on the size, location and
duration of the special local regulations.
These areas are limited in size and
duration, and usually do not affect high
vessel traffic areas. Moreover, the Coast
Guard would provide advance notice of
the regulated areas to the local maritime
community by Local Notice to Mariners,
Broadcast Notice to Mariners via VHF–
FM marine channel 16, and the rule
would allow vessels to seek permission
to enter the regulated area.
B. Impact on Small Entities
The Regulatory Flexibility Act of
1980, 5 U.S.C. 601–612, as amended,
requires Federal agencies to consider
the potential impact of regulations on
small entities during rulemaking. The
term ‘‘small entities’’ comprises small
businesses, not-for-profit organizations
that are independently owned and
operated and are not dominant in their
fields, and governmental jurisdictions
with populations of less than 50,000.
The Coast Guard received no comments
from the Small Business Administration
on this rulemaking. The Coast Guard
certifies under 5 U.S.C. 605(b) that this
rule will not have a significant
economic impact on a substantial
number of small entities.
While some owners or operators of
vessels intending to transit the safety
zone may be small entities, for the
reasons stated in section V.A above, this
rule will not have a significant
economic impact on any vessel owner
or operator.
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding this rule. If the rule
would affect your small business,
organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please call or email the
person listed in the FOR FURTHER
INFORMATION CONTACT section.
Small businesses may send comments
on the actions of Federal employees
who enforce, or otherwise determine
compliance with, Federal regulations to
the Small Business and Agriculture
Regulatory Enforcement Ombudsman
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and the Regional Small Business
Regulatory Fairness Boards. The
Ombudsman evaluates these actions
annually and rates each agency’s
responsiveness to small business. If you
wish to comment on actions by
employees of the Coast Guard, call 1–
888–REG–FAIR (1–888–734–3247). The
Coast Guard will not retaliate against
small entities that question or complain
about this rule or any policy or action
of the Coast Guard.
C. Collection of Information
This rule will not call for a new
collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520).
D. Federalism and Indian Tribal
Governments
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on the States, on the relationship
between the National Government and
the States, or on the distribution of
power and responsibilities among the
various levels of government. We have
analyzed this rule under that Order and
have determined that it is consistent
with the fundamental federalism
principles and preemption requirements
described in Executive Order 13132.
Also, this rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it does not have a substantial
direct effect on one or more Indian
tribes, on the relationship between the
Federal Government and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this rule
will not result in such an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
F. Environment
We have analyzed this rule under
Department of Homeland Security
Directive 023–01, Rev. 1, associated
implementing instructions, and
Environmental Planning COMDTINST
5090.1 (series), which guide the Coast
Guard in complying with the National
Environmental Policy Act of 1969 (42
U.S.C. 4321–4370f), and have
determined that this action is one of a
category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule involves
revising an existing recurring event to
reflect a date and time change for the
event. Normally such actions are
categorically excluded from further
review under paragraphs L61 in table 3–
1 of appendix A, table 1 of DHS
Instruction Manual 023–01–001–01,
Rev. 1, because it involves a revised
special local regulation related to a
72325
marine event permit for marine parades,
regattas, and other marine events. A
Memorandum for Record supporting
this determination is available in the
docket. For instructions on locating the
docket, see the ADDRESSES section of
this preamble.
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to call or email the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places or vessels.
List of Subjects in 33 CFR Part 100
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard is amending
33 CFR part 100 as follows:
PART 100—SAFETY OF LIFE ON
NAVIGABLE WATERS
1. The authority citation for part 100
continues to read as follows:
■
Authority: 46 U.S.C. 70041; 33 CFR 1.05–
1.
2. In § 100.703, revise table 1 to read
as follows:
■
§ 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
Date/time
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1. One Saturday in January;
Time (Approximate): 11:30
a.m. to 2 p.m.
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Event/sponsor
Location
Regulated area
Gasparilla Invasion and Parade/
Ye Mystic Krewe of
Gasparilla.
Tapa, Florida .......................
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.
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TABLE 1 TO § 100.703—SPECIAL LOCAL REGULATIONS; RECURRING MARINE EVENTS, SECTOR ST. PETERSBURG—
Continued
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Date/time
Event/sponsor
Location
Regulated area
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 ........................
5. 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 .....................
6. 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 ...............
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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(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) 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.
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: 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.
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Continued
Date/time
Event/sponsor
Location
Regulated area
(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.
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or email Lieutenant Ignacio J.
Fernández-Cuervo, Marine Safety Unit
Texas City, Waterways Management
Division, U.S. Coast Guard; telephone
(281) 309–1617, email
MSUTexasCityWaterways@uscg.mil.
SUPPLEMENTARY INFORMATION:
Dated: August 26, 2024.
Michael P. Kahle,
Captain, U.S. Coast Guard, Captain of the
Port Sector St. Petersburg.
[FR Doc. 2024–19829 Filed 9–4–24; 8:45 am]
BILLING CODE 9110–04–P
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
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG–2024–0766]
RIN 1625–AA08
Special Local Regulation; Galveston
Channel, Galveston, TX
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a special local regulation
for navigable waters within the
Galveston Ship Channel. The special
local regulation is needed to safely align
and navigate vessels for the Texian
Navy Day Parade. Entry of nonparticipants into the pre-staging and
parade transit zones is prohibited unless
specifically authorized by the Captain of
the Port, Sector Houston-Galveston
(COTP). Those in the regulated area
must comply with all lawful orders or
directions given to them by the COTP or
the designated representative.
DATES: This rule is effective from 8 a.m.
to 1 p.m. on September 21, 2024.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2024–
0766 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
khammond on DSKJM1Z7X2PROD with RULES
SUMMARY:
VerDate Sep<11>2014
21:04 Sep 04, 2024
Jkt 262001
II. Background Information and
Regulatory History
The Coast Guard is issuing this
temporary rule under authority in 5
U.S.C. 553(b)(B). This statutory
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.’’ The Coast Guard finds that
good cause exists for not publishing a
notice of proposed rulemaking (NPRM)
with respect to this rule because the
final rule would not be completed prior
to the event start date. Failure to
establish these regulated areas would
create a hazard to navigation for vessels
transiting through the Galveston
Channel during the event. It is
impracticable to publish an NPRM
because we must establish the regulated
areas by September 21, 2024.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this rule effective less than 30
days after publication in the Federal
Register. Delaying the effective date of
this rule would be impracticable
because prompt action is needed to
ensure vessel traffic safety on the day of
the event.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 46 U.S.C. 70041. The
PO 00000
Frm 00029
Fmt 4700
Sfmt 4700
Captain of the Port Sector HoustonGalveston (COTP) has determined that
potential hazards associated with the
boat parade on September 21, 2024 will
be a safety concern for anyone within a
200-yard radius of the parade in the
Galveston Channel. This rule is needed
to protect personnel, vessels, and the
marine environment in the navigable
waters within the regulated areas while
the parade is ongoing.
IV. Discussion of the Rule
This rule establishes a special local
regulation from 8 a.m. to 1 p.m. on
September 21, 2024. The special local
regulation will encompass three zones
to include a Pre-Staging Zone, Spectator
Zone, and Parade Transit Zone as
described below:
Pre-Staging Zone: This area is the prestaging area for participating vessels to
line up. It will include all waters within
a 200-yard radius of 29°20′23″ N,
094°46′37″ W.
Spectator Zone: All vessels that will
be viewing the event will be required to
stay within a designated area. The
sponsor is responsible for marking the
spectator zone with 4 buoys on the outer
corners and ensuring that all vessels
within the area are anchored and remain
in the area during parade transit. The
following coordinates are the
approximate location of the Spectator
Zone: 29°19′17″ N, 094°46′36″ W,
thence to 29°19′37″ N, 094°46′53″ W,
and both points connecting to the
eastern shore.
Parade Transit Zone: This area is
exclusive to vessels participating in the
parade. It will include all waters within
the following areas: 29°19′07.02″ N,
094°47′10.98″ W, thence to 29°18′55.43″
N, 094°47′04.23″ W, thence to
29°20′29.45″ N, 094°46′14.18″ W, thence
to 29°20′32.68″ N, 094°46′29.94″ W, and
along the shore line back to the
beginning point.
All non-participants will be
prohibited from entering the established
pre-staging and parade transit zones
E:\FR\FM\05SER1.SGM
05SER1
Agencies
[Federal Register Volume 89, Number 172 (Thursday, September 5, 2024)]
[Rules and Regulations]
[Pages 72323-72327]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-19829]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2024-0244]
RIN 1625-AA08
Special Local Regulations; Recurring Marine Events, Sector St.
Petersburg
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is revising existing regulations by updating
two dates of events in the Seventh Coast
[[Page 72324]]
Guard District Captain of the Port (COTP) St. Petersburg. This action
is necessary to provide for the safety of life on these navigable
waters in Sarasota and St. Petersburg, FL.
DATES: This rule is effective September 5, 2024.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2024-0244 in the search box and click ``Search.'' Next, in the Document
Type column, select ``Supporting & Related Material.''
FOR FURTHER INFORMATION CONTACT: If you have questions about this rule,
call or email Marine Science Technician First Class Mara J. Brown,
Sector St. Petersburg Prevention Department, Coast Guard; telephone
(813) 228-2191, email [email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
The Coast Guard is amending the Recurring Marine Events in the
geographic boundaries of the Seventh Coast Guard District Captain of
the Port (COTP) St. Petersburg Zone that are listed in 33 CFR 100.703,
table 1 to 100.703. The rule will ensure that the public is informed of
the most up to date recurring special local regulations. The purpose of
this rulemaking is to ensure the safety of vessels and the navigable
waters, during and after the scheduled events. On July 3, 2024, the
Coast Guard published a notice of proposed rulemaking (NPRM) titled,
``Special Local Regulations; Recurring Marine Events, Sector St.
Petersburg'' (89 FR 55133). There we stated why we issued the NPRM and
invited comments on our proposed regulatory action related to this
fireworks display. During the comment period that ended August 2, 2024,
we received no comments.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date of
this rule would be impracticable because we must establish a special
local regulation (SLR) for the safety of the event participants and the
public for a high-speed boat race starting on September 13, 2024. The
event protected by the SLR in 33 CFR 100.703, table 1 to Sec. 100.703,
item 4, as amended by this rule, is scheduled to start on September 13,
2024. Therefore, it is impracticable to delay implementation of this
final rule 30 days because we must establish this SLR for the
protection of participants of the high-speed boat race and all others
transiting nearby.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70041. The Captain of the Port Sector St. Petersburg (COTP) has
determined that potential hazards associated with the events will be a
safety concern for anyone within the safety zone. The purpose of this
rule is to ensure safety of vessels and the navigable waters before,
during, and after the scheduled events.
IV. Discussion of Comments, Changes, and the Rule
As noted above, we received no comments on our NPRM published July
3, 2024. There are no changes in the regulatory text of this rule from
the proposed rule in the NPRM. This rule makes the following changes in
33 CFR 100.703, table 1 to Sec. 100.703:
1. Revise Line No. 4, to reflect a date and time change to ``One
weekend (Friday, Saturday, and Sunday) in September Time (Approximate):
8:00 a.m. to 6:00 p.m. Revise Line No. 5, to reflect a date and time
change to ``One weekend (Friday, Saturday, and Sunday) in October Time
(Approximate): 8:00 a.m. to 6:00 p.m.
Marine events listed in table 1 to Sec. 100.703 are listed as
recurring over a particular time, during each month and each year.
Exact dates are intentionally omitted since calendar dates for specific
events change from year to year. Once dates for a marine event are
known, the Coast Guard notifies the public it intends to enforce the
special local regulation through various means including a notice of
enforcement published in the Federal Register, Local Notice to
Mariners, and Broadcast Notice to Mariners.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. This rule has not been designated a ``significant
regulatory action,'' under section 3(f) of Executive Order 12866, as
amended by Executive Order 14094 (Modernizing Regulatory Review).
Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB).
This regulatory action determination is based on the size, location
and duration of the special local regulations. These areas are limited
in size and duration, and usually do not affect high vessel traffic
areas. Moreover, the Coast Guard would provide advance notice of the
regulated areas to the local maritime community by Local Notice to
Mariners, Broadcast Notice to Mariners via VHF-FM marine channel 16,
and the rule would allow vessels to seek permission to enter the
regulated area.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard received no comments from the Small Business
Administration on this rulemaking. The Coast Guard certifies under 5
U.S.C. 605(b) that this rule will not have a significant economic
impact on a substantial number of small entities.
While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
call or email the person listed in the FOR FURTHER INFORMATION CONTACT
section.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman
[[Page 72325]]
and the Regional Small Business Regulatory Fairness Boards. The
Ombudsman evaluates these actions annually and rates each agency's
responsiveness to small business. If you wish to comment on actions by
employees of the Coast Guard, call 1-888-REG-FAIR (1-888-734-3247). The
Coast Guard will not retaliate against small entities that question or
complain about this rule or any policy or action of the Coast Guard.
C. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the National Government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
F. Environment
We have analyzed this rule under Department of Homeland Security
Directive 023-01, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast
Guard in complying with the National Environmental Policy Act of 1969
(42 U.S.C. 4321-4370f), and have determined that this action is one of
a category of actions that do not individually or cumulatively have a
significant effect on the human environment. This rule involves
revising an existing recurring event to reflect a date and time change
for the event. Normally such actions are categorically excluded from
further review under paragraphs L61 in table 3-1 of appendix A, table 1
of DHS Instruction Manual 023-01-001-01, Rev. 1, because it involves a
revised special local regulation related to a marine event permit for
marine parades, regattas, and other marine events. A Memorandum for
Record supporting this determination is available in the docket. For
instructions on locating the docket, see the ADDRESSES section of this
preamble.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section to coordinate protest activities so
that your message can be received without jeopardizing the safety or
security of people, places or vessels.
List of Subjects in 33 CFR Part 100
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard is
amending 33 CFR part 100 as follows:
PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS
0
1. The authority citation for part 100 continues to read as follows:
Authority: 46 U.S.C. 70041; 33 CFR 1.05-1.
0
2. In Sec. 100.703, revise table 1 to read as follows:
Sec. 100.703 Special Local Regulations; Recurring Marine Events,
Sector St. Petersburg.
* * * * *
Table 1 to Sec. 100.703--Special Local Regulations; Recurring Marine Events, Sector St. Petersburg
----------------------------------------------------------------------------------------------------------------
Date/time Event/sponsor Location Regulated area
----------------------------------------------------------------------------------------------------------------
1. One Saturday in January; Time Gasparilla Tapa, Florida.................... Location: A regulated
(Approximate): 11:30 a.m. to 2 Invasion and area is established
p.m. Parade/Ye Mystic consisting of the
Krewe of following waters of
Gasparilla. Hillsborough Bay and
its tributaries north
of 27[deg]51'18'' N
and south of the John
F. Kennedy Bridge:
Hillsborough Cut ``D''
Channel, Seddon
Channel, Sparkman
Channel and the
Hillsborough River
south of the John F.
Kennedy Bridge.
Additional Regulation:
(1) Entrance into the
regulated area is
prohibited to all
commercial marine
traffic from 9 a.m. to
6 p.m. EST on the day
of the event.
(2) The regulated area
will include a 100
yard Safety Zone
around the vessel JOSE
GASPAR while docked at
the Tampa Yacht Club
until 6 p.m. EST on
the day of the event.
(3) The regulated area
is a ``no wake'' zone.
(4) All vessels within
the regulated area
shall stay 50 feet
away from and give way
to all officially
entered vessels in
parade formation in
the Gasparilla Marine
Parade.
(5) When within the
marked channels of the
parade route, vessels
participating in the
Gasparilla Marine
Parade may not exceed
the minimum speed
necessary to maintain
steerage.
(6) Jet skis and
vessels without
mechanical propulsion
are prohibited from
the parade route.
(7) Vessels less than
10 feet in length are
prohibited from the
parade route unless
capable of safely
participating.
(8) Vessels found to be
unsafe to participate
at the discretion of a
present Law
Enforcement Officer
are prohibited from
the parade route.
[[Page 72326]]
(9) Northbound vessels
in excess of 65 feet
in length without
mooring arrangement
made prior to the date
of the event are
prohibited from
entering Seddon
Channel unless the
vessel is officially
entered in the
Gasparilla Marine
Parade.
(10) Vessels not
officially entered in
the Gasparilla Marine
Parade may not enter
the parade staging
area box within the
following coordinates:
27[deg]53'53'' N,
082[deg]27'47'' W;
27[deg]53'22'' N,
082[deg]27'10'' W;
27[deg]52'36'' N,
082[deg]27'55'' W;
27[deg]53'02'' N,
082[deg]28'31'' W.
2. One Saturday in February; Bradenton Area Bradenton, FL.................... Location(s) Enforcement
Time (Approximate): 9:00 a.m. River Regatta/ Area #1. All waters of
to 9:00 p.m. City of Bradenton. the Manatee River
between the Green
Bridge and the CSX
Train Trestle
contained within the
following points:
27[deg]30'43'' N,
082[deg]34'20'' W,
thence to position
27[deg]30'44'' N,
082[deg]34'09'' W,
thence to position
27[deg]30'00'' N,
082[deg]34'04'' W,
thence to position
27[deg]29'58'' N,
082[deg]34'15'' W,
thence back to the
original position,
27[deg]30'43'' N,
082[deg]34'20'' W.
Enforcement Area #2.
All waters of the
Manatee River
contained within the
following points:
27[deg]30'35'' N,
082[deg]34'37'' W,
thence to position
27[deg]30'35'' N,
082[deg]34'26'' W,
thence to position
27[deg]30'26'' N,
082[deg]34'26'' W,
thence to position
27[deg]30'26'' N,
082[deg]34'37'' W,
thence back to the
original position,
27[deg]30'35'' N,
082[deg]34'37'' W.
3. One weekend (Friday, Gulfport Grand Gulfport, FL..................... Location(s): (1) Race
Saturday, and Sunday) in March; Prix/Gulfport Area. All waters of
Time (Approximate): 8:00 a.m. Grand Prix LLC. Boca de Ciego
to 5:00 p.m. contained within the
following points:
27[deg]44'10'' N,
082[deg]42'29'' W,
thence to position
27[deg]44'07'' N,
082[deg]42'40'' W,
thence to position
27[deg]44'06'' N,
082[deg]42'40'' W,
thence to position
27[deg]44'04'' N,
082[deg]42'29'' W,
thence to position
27[deg]44'07'' N,
082[deg]42'19'' W,
thence to position
27[deg]44'08'' N,
082[deg]42'19'' W,
thence back to the
original position,
27[deg]44'10'' N,
082[deg]42'29'' W.
(2) Buffer Zone. All
waters of Boca de
Ciego encompassed
within the following
points: 27[deg]44'10''
N, 082[deg]42'47'' W,
thence to position
27[deg]44'01'' N,
082[deg]42'44'' W,
thence to position
27[deg]44'01'' N,
082[deg]42'14'' W,
thence to position
27[deg]44'15'' N,
082[deg]42'14'' W.
4. One weekend (Friday, Saturday Sarasota Powerboat Sarasota, FL..................... Location: All waters of
and Sunday) in September; Time Grand Prix/ the Gulf of Mexico
(Approximate): 8:00 a.m. to Powerboat P-1 contained within the
6:00 p.m. USA, LLC. following points:
27[deg]18'44'' N,
082[deg]36'14'' W,
thence to position
27[deg]19'09'' N,
082[deg]35'13'' W,
thence to position
27[deg]17'42'', N,
082[deg]34'00'' W,
thence to position
27[deg]16'43'' N,
082[deg]34'49'' W,
thence back to the
original position,
27[deg]18'44'' N,
082[deg]36'14'' W.
5. One weekend (Saturday and Clearwater Clearwater, FL................... (1) Race Area. All
Sunday) in September; Time Offshore waters of the Gulf of
(Approximate): 8:00 a.m. to Nationals/Race Mexico contained
4:00 p.m. World Offshore. within the following
points: 27[deg]58'34''
N, 82[deg]50'09'' W,
thence to position
27[deg]58'32'' N,
82[deg]50'02'' W,
thence to position
28[deg]00'12'' N,
82[deg]50'10'' W,
thence to position
28[deg]00'13'' N,
82[deg]50'10'' W,
thence back to the
original position,
27[deg]58'34'' N,
82[deg]50'09'' W.
(2) Spectator Area. All
waters of Gulf of
Mexico seaward no less
than 150 yards from
the race area and as
agreed upon by the
Coast Guard and race
officials.
(3) Enforcement Area.
All waters of the Gulf
of Mexico encompassed
within the following
points: 28[deg]58'40''
N, 82[deg]50'37'' W,
thence to position
28[deg]00'57'' N,
82[deg]49'45'' W,
thence to position
27[deg]58'32'' N,
82[deg]50'32'' W,
thence to position
27[deg]58'23'' N,
82[deg]49'53'' W,
thence back to
position
28[deg]58'40'' N,
82[deg]50'37'' W.
6. One weekend (Friday, Saturday St.Petersburg St. Petersburg, FL............... Location: All waters of
and Sunday) in October; Time Powerboat Grand the Tampa Bay
(Approximate): 8:00 a.m. to Prix. encompassed within the
6:00 p.m. following points:
27[deg]46'56.22'' N,
082[deg]36'55.50'' W,
thence to position
27[deg]47'08.82'' N,
082[deg]34'33.24'' W,
thence to position
27[deg]46'06.96'' N,
082[deg]34'29.04'' W,
thence to position
27[deg]45'59.22'' N,
082[deg]37'02.88'' W,
thence back to the
original position
27[deg]46'24.24'' N,
082[deg]37'30.24'' W.
7. One Thursday, Friday, and Roar Offshore/OPA Fort Myers Beach, FL............. Locations: All waters
Saturday in October; Time Racing LLC. of the Gulf of Mexico
(Approximate): 10:00 a.m. to west of Fort Myers
5:00 p.m. Beach contained within
the following points:
26[deg]26'27'' N,
081[deg]55'55'' W,
thence to position
26[deg]25'33'' N,
longitude
081[deg]56'34'' W,
thence to position
26[deg]26'38'' N,
081[deg]58'40'' W,
thence to position
26[deg]27'25'' N,
081[deg]58'8'' W,
thence back to the
original position
26[deg]26'27'' N,
081[deg]55'55'' W.
8. One weekend (Friday, OPA World Englewood Beach, FL.............. Locations: (1) Race
Saturday, and Sunday) in Championships/ Area. All waters of
November; Time (Approximate): Englewood Beach the Gulf of Mexico
8:00 a.m. to 6:00 p.m. Waterfest. contained within the
following points:
26[deg]56'00'' N,
082[deg]22'11'' W,
thence to position
26[deg]55'59'' N,
082[deg]22'16'' W,
thence to position
26[deg]54'22'' N,
082[deg]21'20'' W,
thence to position
26[deg]54'24'' N,
082[deg]21'16'' W,
thence to position
26[deg]54'25'' N,
082[deg]21'17'' W,
thence back to the
original position,
26[deg]56'00'' N,
082[deg]21'11'' W.
[[Page 72327]]
(2) Spectator Area. All
waters of the Gulf of
Mexico contained with
the following points:
26[deg]55'33'' N,
082[deg]22'21'' W,
thence to position
26[deg]54'14'' N,
082[deg]21'35'' W,
thence to position
26[deg]54'11'' N,
082[deg]21'40'' W,
thence to position
26[deg]55'31'' N,
082[deg]22'26'' W,
thence back to
position
26[deg]55'33'' N,
082[deg]22'21'' W.
(3) Enforcement Area.
All waters of the Gulf
of Mexico encompassed
within the following
points: 26[deg]56'09''
N, 082[deg]22'12'' W,
thence to position
26[deg]54'13'' N,
082[deg]21'03'' W,
thence to position
26[deg]53'58'' N,
082[deg]21'43'' W,
thence to position
26[deg]55'56'' N,
082[deg]22'48'' W,
thence back to
position
26[deg]56'09'' N,
082[deg]22'12'' W.
----------------------------------------------------------------------------------------------------------------
* * * * *
Dated: August 26, 2024.
Michael P. Kahle,
Captain, U.S. Coast Guard, Captain of the Port Sector St. Petersburg.
[FR Doc. 2024-19829 Filed 9-4-24; 8:45 am]
BILLING CODE 9110-04-P