[Federal Register Volume 88, Number 19 (Monday, January 30, 2023)]
[Proposed Rules]
[Pages 5824-5826]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-01755]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2022-0978]
RIN 1625-AA00


Safety Zone; Restricted Visibility in Tampa Bay; Tampa Bay, 
Tampa, FL

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to revise an existing safety zone 
regulation in Tampa Bay within the geographic boundaries of the Captain 
of the Port (COTP) St. Petersburg Zone. The proposed change is designed 
to align the coordinates in the regulation with the coordinates needed 
to properly control traffic in cases of restricted visibility in Tampa 
Bay. The current coordinates do not reflect the safety zones 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 March 1, 2023.

ADDRESSES: You may submit comments identified by docket number USCG-
2022-0978 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.

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 [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

    On June 26, 2015, the Coast Guard published a final rule entitled, 
``Safety Zones, St. Petersburg Captain of the Port Zone.\1\ '' This 
action was taken to establish safety zones that restrict port 
operations in the event of reduced or restricted visibility, or during 
natural disasters, e.g. hurricanes, and establish safety zones around 
firework platforms, structures or barges during the storage, 
preparation, and launching of fireworks. This final rule established 
seven zones that could be used to direct vessel movement in times of 
restricted visibility. In 2022, it was brought to the attention of the 
Seventh Coast Guard District that the safety zones listed in 33 CFR 
165.782(a)(4) and (a)(5) did not reflect the zones that were needed for 
the Captain of the Port (COTP) to properly control vessel movement in 
times of reduced visibility. More specifically, the errors were 
discovered in the first coordinate of zone 4 in Sec.  165.782(a)(4) and 
the second coordinate of zone 5 in Sec.  165.782(a)(5). With this 
proposed rule, the Coast Guard is correcting the points needed by the 
COTP to ensure safety amongst all port users, particularly in time of 
reduced visibility. The Coast Guard is proposing this rulemaking under 
authority in 46 U.S.C. 70034.
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    \1\ 80 FR 36716.
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III. Discussion of Proposed Rule

    This rule is proposing to modify zones 4 and 5 listed in Sec.  
165.782(a)(4) and (a)(5) to align with the zones that were intended by 
the COTP, and are

[[Page 5825]]

necessary to control vessel movement during times of reduced 
visibility. The proposed rule would to make the following changes in 
Sec. Sec.  165.782(a)(4) and (a)(5): move the first coordinate in zone 
4, from 27[deg]46'34'' N, 82[deg]34'04'' W, to 27[deg]46'36'' N; 
82[deg]24'04'' W, and move the second coordinate in zone 5 from 
27[deg]58'59'' N, 82[deg]40'34'' W, to 27[deg]38'59'' N, 82[deg]40'35'' 
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, 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 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 four specific 
factors: (1) these zones will only be activated in times of restricted 
visibility; (2) the zones will only be activated for short periods of 
time; (3) persons and vessels may operate within the security zone when 
authorized by Captain of the Port of St. Petersburg or a designated 
representative; and (4) the zones are already in place, this regulatory 
action only represents a minor change 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 
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 only involves 
correction of coordinates identifying the reduced visibility of safety 
zones 4 and 5 that had already been established for several years. 
Normally such actions are categorically excluded from further review 
under paragraph L60(a) of Appendix A, Table 1 of DHS Instruction Manual 
023-01-001-01, Rev. 1. A preliminary 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.

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

[[Page 5826]]

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-2022-0978 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 following 
instructions on the https://www.regulations.gov. 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 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 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.  165.782, revise paragraphs (a)(4) and (a)(5) to read as 
follows:


Sec.  165.782  Safety Zone; restricted visibility in Tampa Bay.

    (a) * * *
    (4) Zone 4 (Middle Tampa Bay) means all navigable waters within a 
box marked by the following coordinates: 27[deg]46'36'' N; 
82[deg]24'04'' W; thence to 27[deg]38'40'' N, 82[deg]31'54'' W; thence 
to 27[deg]44'38'' N, 82[deg]40'44'' W; thence to 27[deg]46'15'' N, 
82[deg]40'46'' W. This zone encompasses all navigable waterways between 
Cut ``6F'' (LLNR 22830) Channel to Tampa Bay ``1C'' (LLNR 22590).
    (5) Zone 5 (Lower Tampa Bay/Manatee) means all navigable waters 
within a box marked by the following coordinates: 27[deg]44'33'' N, 
82[deg]40'37'' W; thence to 27[deg]38'59'' N, 82[deg]40'35'' W; thence 
to 27[deg]36'18'' N, 82[deg]38'57'' W; thence to 27[deg]34'10'' N, 
82[deg]34'50'' W; thence to 27[deg]37'56'' N, 82[deg]31'15'' W. This 
zone encompasses all navigable waterways between Tampa Bay ``1C'' (LLNR 
22590) to Sunshine Skyway Bridge.
* * * * *

    Dated: January 23, 2023.
Micheal P. Kahle,
Captain, U.S. Coast Guard, Captain of the Port Sector St. Petersburg.
[FR Doc. 2023-01755 Filed 1-27-23; 8:45 am]
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