DEPARTMENT OF HOMELAND SECURITY
                Coast Guard
                33 CFR Part 165
                [Docket Number USCG20220962]
                RIN 1625AA11
                Regulated Navigation Area; Tampa Bay, Tampa, FL
                
                    AGENCY:
                    Coast Guard, DHS.
                
                
                    ACTION:
                    Notice of proposed rulemaking.
                
                
                    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 USCG20220962 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) 2282191, email 
                        Regina.L.Cuevas@uscg.mil
                        .
                    
                
            
            
                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
                     Section 
                    U.S.C. United States Code
                
                
                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 Register
                    s, the approximate position of the Tampa Bay Entrance should be 2735.2 N, 08300.4 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 2735.2 N, 08300.4 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. 601612, 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. 104121), 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. 35013520).
                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. 15311538) 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 02301, 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. 43214370f), 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 0230100101, 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.
                
                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 
                    https://www.regulations.gov
                    . To do so, go to 
                    https://www.regulations.gov,
                     type USCG20220962 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 165REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
                
                1. The authority citation for part 165 continues to read as follows:
                
                    Authority:
                    46 U.S.C. 70034, 70051, 70124; 33 CFR 1.051, 6.041, 6.046, and 160.5; Department of Homeland Security Delegation No. 00170.1, Revision No. 01.3.
                
                2. In  165.753, revise paragraph (a) to read as follows:
                
                     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 (2735.2 N, 08300.4 W).
                
                
                    Dated: 23 January 2023.
                    Micheal P. Kahle,
                    Captain, U.S. Coast Guard, Captain of the Port Sector St. Petersburg.
                
            
            [FR Doc. 202305459 Filed 31723; 8:45 am]
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