[Federal Register Volume 88, Number 33 (Friday, February 17, 2023)]
[Proposed Rules]
[Pages 10246-10248]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-03422]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2023-0081]
RIN 1625-AA00


Safety Zone: Tall Ships America; Tampa Bay, St Petersburg, FL

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard is establishing a temporary moving safety zone 
on the waters of Tampa Bay, around a Tall Ships America Parade of sail 
in St Petersburg, Florida. The safety zone will extend 100 yards from 
the beam of the ships as they transit from the muster point in 
approximate position 27[deg]43.54' N 082[deg]36.38' W to the moorings 
at Port St Pete, St Petersburg, FL in approximate position 
27[deg]45.34' N 082[deg]37.15' W. The safety Zone is necessary to 
protect the public, wooden sailing vessels and their crews from the 
hazards associated with transiting the area. Persons and vessels are 
prohibited from entering, transiting through, anchoring in, or 
remaining within the safety zone unless authorized by the Captain of 
the Port St. Petersburg or a designated representative.We invite your 
comments on this proposed rulemaking.

DATES: Comments and related material must be received by the Coast 
Guard on or before March 6, 2023.

ADDRESSES: You may submit comments identified by docket number USCG-
2023-0081 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 March 30, 2023, Tall Ships America will be visiting the Port of 
St Pete in St Petersburg, FL. The Coast Guard is establishing a 
temporary moving safety zone on the waters of Tampa Bay, around the 
Tall Ships America Parade of sail in St Petersburg, Florida on March 
30, 2023. The safety zone will extend 100 yards from the beam of the 
ships as they transit from the muster point in approximate position 
27[deg]43.54' N 082[deg]36.38' W to the moorings at Port St Pete, St 
Petersburg, FL in approximate position 27[deg]45.34' N 082[deg]37.15' 
W. The safety Zone is necessary to protect the public, wooden sailing 
vessels and their crews from the hazards associated with transiting the 
area. Persons and vessels are prohibited from entering, transiting 
through, anchoring in, or remaining within the safety zone unless 
authorized by the Captain of the Port St. Petersburg or a designated 
representative.
    The purpose of this rulemaking is to ensure the safety of vessels 
and the navigable waters within a 100-yard radius of the Tall Ships 
America vessels. The Coast Guard is proposing this rulemaking under 
authority in 46 U.S.C. 70034.

III. Discussion of Proposed Rule

    The COTP is proposing to establish a moving safety zone from 1:30 
p.m. to 5:30 p.m. on March 30, 2023. The duration of the zone is 
intended to ensure the safety of vessels and their crews in these 
navigable waters of

[[Page 10247]]

Tampa Bay during this event. No vessel or person would be permitted to 
enter the safety zone without obtaining permission from the COTP or a 
designated representative. The regulatory text we are proposing appears 
at the end of this document.

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 the size, 
location, duration, and time-of-day of the safety zone. Vessel traffic 
would be able to safely transit around this safety zone which would 
impact a small designated area of Tampa Bay for the Parade route and 
Port St Pete which is already designated as a restricted area. Vessel 
traffic is normally low during this time of day, and once moored the 
Vesssels will not be impeading the waterway. Moreover, the Coast Guard 
would issue a Broadcast Notice to Mariners via VHF-FM marine channel 16 
about the zone, and the rule would allow vessels to seek permission to 
enter the zone.

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 an initial 
moving safety zone lasting 4 hours that would prohibit entry within 100 
yards of a the Parade of Sail. Normally such actions are categorically 
excluded from further review under paragraph L[60a] 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 submit a comment, please include the

[[Page 10248]]

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-2023-0081 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. Add Sec.  165.T07-0081 to read as follows:


Sec.  165.T07-0081   Safety Zone: Tall Ships America; Tampa Bay, St 
Petersburg, FL.

    The Coast Guard is establishing a temporary moving safety zone on 
the waters of Tampa Bay, around a Tall ships America Parade of sail in 
St Petersburg, Florida on March 30, 2023. The safety zone will extend 
100 yards from the beam of the ships as they transit from the muster 
point in approximate position 27[deg]43.54' N 082[deg]36.38' W to the 
moorings at Port St Pete, St Petersburg, FL in approximate position 
27[deg]45.34' N 082[deg]37.15' W. The safety Zone is necessary to 
protect the public, wooden sailing vessels and their crews from the 
hazards associated with transiting the area. Persons and vessels are 
prohibited from entering, transiting through, anchoring in, or 
remaining within the safety zone unless authorized by the Captain of 
the Port St. Petersburg or a designated representative.

    Dated: February 14, 2023.
Micheal P. Kahle,
Captain, U.S. Coast Guard, Captain of the Port Saint Petersburg.
[FR Doc. 2023-03422 Filed 2-16-23; 8:45 am]
BILLING CODE 9110-04-P