Proposed Rule2023-05459
Regulated Navigation Area; Tampa Bay, Tampa, FL
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
March 20, 2023
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard proposes to revise existing regulations for a Regulated Navigation Area in Tampa Bay, Florida by updating the geographic boundaries of Egmont Channel in the Gulf of Mexico. The proposed change is designed to align the coordinates in the regulation with the coordinates needed to properly control traffic in the Captain of the Port St. Petersburg Zone. The current coordinates do not reflect the Regulated Navigation Area that the Coast Guard intended to put in place. The Coast Guard invites your comments on this proposed rulemaking.
Full Text
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<title>Federal Register, Volume 88 Issue 53 (Monday, March 20, 2023)</title>
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[Federal Register Volume 88, Number 53 (Monday, March 20, 2023)]
[Proposed Rules]
[Pages 16576-16578]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-05459]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2022-0962]
RIN 1625-AA11
Regulated Navigation Area; Tampa Bay, Tampa, FL
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to revise existing regulations for a
Regulated Navigation Area in Tampa Bay, Florida by updating the
geographic boundaries of Egmont Channel in the Gulf of Mexico. The
proposed change is designed to align the coordinates in the regulation
with the coordinates needed to properly control traffic in the Captain
of the Port St. Petersburg Zone. The current coordinates do not reflect
the Regulated Navigation Area that the Coast Guard intended to put in
place. 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 April 19, 2023.
ADDRESSES: You may submit comments identified by docket number USCG-
2022-0962 using the Federal Decision Making Portal at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email Marine Science Technician First
Class Regina L. Cuevas, Sector St. Petersburg Prevention Department,
Coast Guard; telephone (813) 228-2191, email <a href="/cdn-cgi/l/email-protection#eebc8b8987808fc0a2c0ad9b8b988f9dae9b9d8d89c0838782"><span class="__cf_email__" data-cfemail="b6e4d3d1dfd8d798fa98f5c3d3c0d7c5f6c3c5d5d198dbdfda">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
RNA Regulated Navigation Area
Sec. Section
U.S.C. United States Code
[[Page 16577]]
II. Background, Purpose, and Legal Basis
The purpose of this proposed rule is to correct a mistake made by
the Coast Guard when listing the geographical coordinates of an RNA.
The Coast Guard is proposing this rulemaking under authority in the
Ports and Waterways Safety Act, 46 U.S.C. 70034.
On July 27, 2015, the Coast Guard published a final rule entitled,
``Navigation and Navigable Waters; Technical, Organizational, and
Conforming Amendments.'' 80 FR 44274. This action was taken to make
non-substantive technical, organizational, and conforming amendments to
existing regulations throughout Title 33 of the Code of Federal
Regulations.
In 2022, it was brought to the attention of Coast Guard that there
was an error in the coordinates listed in that Final Rule and that the
second coordinate was off by approximately four degrees of longitude,
which equates to approximately 200 nautical miles. After reviewing the
cooridnates and past Federal Registers, the approximate position of the
Tampa Bay Entrance should be 27[deg]35.2' N, 083[deg]00.4' W. With this
proposed rule, the Coast Guard is correcting the coordinates needed by
the COTP to ensure safety amongst port users and those navigating to
and from Tampa Bay.
III. Discussion of Proposed Rule
This rule proposes modifying 33 CFR 165.753(a) to reflect the
actual geographic position of the port entrance. The proposed rule
would move the current plotted position for the regulated navigation
area (RNA) to the actual plotted position of 27[deg]35.2' N,
083[deg]00.4' W.
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.
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 NPRM has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, the NPRM
has not been reviewed by the Office of Management and Budget (OMB).
This regulatory action determination is based on two specific
factors: (1) persons and vessels may operate within the RNA when
authorized by Captain of the Port of St. Petersburg or a designated
representative; and (2) the RNA is already in place, this regulatory
action only represents a the correction of an error in the boundaries.
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
Regulated Navigation area 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 a
correction of a geographic coordinate identifying the entrance Bouy for
Tampa Bay. Normally such actions are categorically excluded from
further review under paragraph L60a of Appendix A, Table 1 of DHS
Instruction Manual 023-01-001-01, Rev. 1. A preliminary Record of
Environmental Consideration
[[Page 16578]]
supporting this determination is available in the docket. For
instructions on locating the docket, see the ADDRESSES section of this
preamble. We seek any comments or information that may lead to the
discovery of a significant environmental impact from this proposed
rule.
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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>. To
do so, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, type USCG-2022-0962 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>, 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 following
instructions on the <a href="https://www.regulations.gov">https://www.regulations.gov</a> Frequently Asked
Questions web page. 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a> 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 165
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 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 46 U.S.C. 70034, 70051, 70124; 33 CFR 1.05-1, 6.04-1,
6.04-6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.3.
0
2. In Sec. 165.753, revise paragraph (a) to read as follows:
Sec. 165.753 Regulated navigation area; Tampa Bay, Florida.
(a) The following is a regulated navigation area (RNA): All the
navigable waters of Tampa Bay, Hillsborough Bay and Old Tampa Bay,
including all navigable waterways tributary thereto. Also included are
the waters of Egmont Channel, Gulf of Mexico from Tampa Bay, Tampa Bay
Entrance, approximate position (27[deg]35.2' N, 083[deg]00.4' W).
Dated: 23 January 2023.
Micheal P. Kahle,
Captain, U.S. Coast Guard, Captain of the Port Sector St. Petersburg.
[FR Doc. 2023-05459 Filed 3-17-23; 8:45 am]
BILLING CODE 9110-04-P
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