[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 [www.gpo.gov]
[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 https://www.regulations.gov, 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 [email protected].

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

[[Page 16694]]

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

[[Page 16695]]

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]
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