Rule2024-05008
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 8, 2024
Effective
April 8, 2024
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is revising 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 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.
Full Text
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<title>Federal Register, Volume 89 Issue 47 (Friday, March 8, 2024)</title>
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[Federal Register Volume 89, Number 47 (Friday, March 8, 2024)]
[Rules and Regulations]
[Pages 16693-16695]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-05008]
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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, Department of Homeland Security (DHS).
ACTION: Final rule.
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SUMMARY: The Coast Guard is revising 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
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.
DATES: This rule is effective April 8, 2024.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, 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, 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 <a href="/cdn-cgi/l/email-protection#a8e5c9dac986e286eadac7dfc6e8dddbcbcf86c5c1c4"><span class="__cf_email__" data-cfemail="45082437246b0f6b07372a322b05303626226b282c29">[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
II. Background Information and Regulatory History
On July 27, 2015, the Coast Guard published a final rule entitled,
``Navigation and Navigable Waters; Technical, Organizational, and
Conforming Amendments.'' \1\ This
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action was taken to make non-substantive technical, organizational, and
conforming amendments to existing regulations throughout Title 33 of
the Code of Federal Regulations.
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\1\ 80 FR 44274.
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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
coordinates and past Federal Registers, the approximate position of the
Tampa Bay Entrance should be 27[deg]35.2' N, 083[deg]00.4' W.
On March 20, 2023, a Notice of Proposed Rulemaking was published in
the Federal Register that proposed modifying the coordinates to align
with the actual coordinates that are needed to indicate the entrance to
Tampa Bay.\2\ The proposed rule did not receive any comments. With this
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.
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\2\ 88 FR 16576.
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III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034. The purpose of this rule is to correct the coordinates needed by
the COTP to ensure safety amongst port users and those navigating to
and from Tampa Bay.
IV. Discussion of Comments, Changes, and the Rule
As noted above, we received no comments on our NPRM published March
20, 2023. There are no changes in the regulatory text of this rule from
the proposed rule in the NPRM.
This rule is modifying 33 CFR 165.753(a) to reflect the actual
geographic position of the port entrance. The rule is moving 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.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. This rule has not been designated a ``significant
regulatory action,'' under section 3(f) of Executive Order 12866, as
amended by Executive Order 14094 (Modernizing Regulatory Review).
Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB).
This regulatory action determination is based on 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 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 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
Regulated Navigation Area may be small entities, for the reasons stated
in section V.A above, this rule will not have a significant economic
impact on any vessel owner or operator.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
call or email the person listed in the FOR FURTHER INFORMATION CONTACT
section.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
C. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the National Government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
F. Environment
We have analyzed this rule under Department of Homeland Security
Directive 023-01, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast
Guard in complying with the National Environmental Policy Act of 1969
(42 U.S.C. 4321-4370f), and have determined that this action is one of
a category of actions that do not individually or cumulatively have a
significant effect on the human
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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 Record of Environmental Consideration 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.
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 amends
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: March 1, 2024.
Michael P. Kahle,
Captain, U.S. Coast Guard, Captain of the Port Sector St. Petersburg.
[FR Doc. 2024-05008 Filed 3-7-24; 8:45 am]
BILLING CODE 9110-04-P
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