Safety Zone: Tall Ships America; Tampa Bay, St Petersburg, FL, 10246-10248 [2023-03422]
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Federal Register / Vol. 88, No. 33 / Friday, February 17, 2023 / Proposed Rules
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Feingold Association of the United
States, Food & Water Watch, Healthy
Babies Bright Futures, Life Time
Foundation, Momsrising, Prevention
Institute, Public Citizen, Public Health
Institute, Public Interest Research
Group, Real Food for Kids, Lisa Y.
Lefferts, Linda S. Birnbaum, and Philip
J. Landrigan, c/o Jensen Jose, 1250 I
Street NW, Suite 500, Washington, DC
20005. The petition proposes that we
repeal the color additive regulations for
FD&C Red No. 3 in § 74.303 (21 CFR
74.303), which permits the use of FD&C
Red No. 3 in foods (including dietary
supplements), and § 74.1303 (21 CFR
74.1303), which permits the use of
FD&C Red No. 3 in ingested drugs.
II. Repeal of §§ 74.303 and 74.1303
In accordance with the procedure in
section 721(d) of the FD&C Act for
issuance, amendment, or repeal of
regulations, the petition asks us to
repeal §§ 74.303 and 74.1303 to no
longer provide for the use of FD&C Red
No. 3 in foods (including dietary
supplements) and in ingested drugs,
respectively. Specifically, the
petitioners state that experimental data
show that FD&C Red No. 3 induces
cancer when fed to rats and that FDA
concluded such in 1990. The petitioners
also state that subsequent studies and
reviews have reinforced FDA’s
conclusion. The petitioners cite, as
evidence, data and information from the
National Toxicology Program, the Joint
Expert Committee on Food Additives,
and the European Commission’s
Scientific Committee for Food (which
was later replaced by the European
Food Safety Authority). The petitioners
also state that there is widespread
exposure to U.S. consumers,
particularly children, and that very
young children have the highest
exposures to the color additive. The
petitioners cite the Delaney Clause
(section 721(b)(5)(B) of the FD&C Act),
which provides that no color additive
shall be deemed safe for any use which
will or may result in ingestion of all or
part of such additive, if the additive is
found by the Secretary of Health and
Human Services (Secretary) to induce
cancer when ingested by man or animal,
or if it is found by the Secretary, after
tests which are appropriate for the
evaluation of the safety of additives for
use in food, to induce cancer in man or
animal. The petitioners state that the
Delaney Clause obligates FDA to repeal
the regulations for FD&C Red No. 3.
We invite comments, additional
scientific data, and other information
related to the issues raised by this
petition. If we determine that the
available data justify repealing §§ 74.303
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and 74.1303 to no longer provide for the
use of FD&C Red No. 3, we will publish
our decision in the Federal Register in
accordance with 21 CFR 71.20.
The petitioners have claimed that this
action is categorically excluded under
21 CFR 25.32(m) because this action
would prohibit or otherwise restrict the
use of a substance in food packaging. In
addition, the petitioners have stated
that, to their knowledge, no
extraordinary circumstances exist. If
FDA determines a categorical exclusion
applies, neither an environmental
assessment nor an environmental
impact statement is required. If FDA
determines a categorical exclusion does
not apply, we will request an
environmental assessment and make it
available for public inspection.
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
Regina.L.Cuevas@uscg.mil.
SUPPLEMENTARY INFORMATION:
Dated: February 13, 2023.
Lauren K. Roth,
Associate Commissioner for Policy.
I. Table of Abbreviations
[FR Doc. 2023–03391 Filed 2–16–23; 8:45 am]
BILLING CODE 4164–01–P
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
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
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°43.54′ N 082°36.38′ W to the
moorings at Port St Pete, St Petersburg,
FL in approximate position 27°45.34′ N
082°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.
SUMMARY:
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ADDRESSES:
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ 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°43.54′ N 082°36.38′ W to the
moorings at Port St Pete, St Petersburg,
FL in approximate position 27°45.34′ N
082°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
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Federal Register / Vol. 88, No. 33 / Friday, February 17, 2023 / Proposed Rules
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.
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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
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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.
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10247
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
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Federal Register / Vol. 88, No. 33 / Friday, February 17, 2023 / Proposed Rules
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:
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PART 165—REGULATED 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 1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 00170.1, Revision No. 01.3.
2. Add § 165.T07–0081 to read as
follows:
■
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§ 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°43.54′ N
082°36.38′ W to the moorings at Port St
Pete, St Petersburg, FL in approximate
position 27°45.34′ N 082°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
LIBRARY OF CONGRESS
Copyright Office
37 CFR Parts 201 and 205
[Docket No. 2023–1]
Ex Parte Communications
U.S. Copyright Office, Library
of Congress.
ACTION: Notice of proposed rulemaking.
AGENCY:
The U.S. Copyright Office is
issuing a notice of proposed rulemaking
to establish procedures governing the
use of ex parte communications in
informal rulemakings. The proposed
rule defines ex parte communications,
instructs the public on how to request
an ex parte meeting with the Office, sets
forth the responsibilities of parties after
an ex parte meeting, and identifies
impermissible ex parte
communications.
DATES: Comments on the proposed rule
must be made in writing and received
by the U.S. Copyright Office no later
than 11:59 p.m. Eastern Time on April
3, 2023.
ADDRESSES: For reasons of Government
efficiency, the Copyright Office is using
the regulations.gov system for the
submission and posting of public
comments in this proceeding. All
comments are therefore to be submitted
electronically through regulations.gov.
SUMMARY:
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Specific instructions for submitting
comments are available on the
Copyright Office website at https://
copyright.gov/rulemaking/ex-partecommunications. If electronic
submission of comments is not feasible
due to lack of access to a computer or
the internet, please contact the Office
using the contact information below for
special instructions.
FOR FURTHER INFORMATION CONTACT:
Rhea Efthimiadis, Assistant to the
General Counsel, by email at meft@
copyright.gov, or by telephone at 202–
707–8350 or Melinda Kern, AttorneyAdvisor, by email at mkern@
copyright.gov, or by telephone at 202–
707–8350.
SUPPLEMENTARY INFORMATION:
I. Background
Statutory Background
The Copyright Office conducts
rulemakings consistent with the
Administrative Procedure Act (‘‘APA’’)
rules governing informal rulemakings.1
An informal rulemaking includes a
notice-and-comment period, which
gives the public an opportunity to
respond to an agency’s proposed
regulatory action. Unlike formal
rulemakings, informal rulemakings do
not require on-the-record hearings or
trial-type procedures,2 such as the
presentation of evidence.
While the APA sets forth certain
requirements for informal rulemakings,3
it does not prohibit agencies from
engaging in what are commonly referred
to as ‘‘ex parte communications.’’ 4 The
term ‘‘ex parte’’ is a bit of a misnomer
in this context. In other legal contexts,
the term means ‘‘[o]n or from one party
only, usually without notice to or
argument from the adverse party,’’ 5 and
usually refers to communications with a
court by one party. In the rulemaking
context, an ex parte communication is
a ‘‘[w]ritten or oral communication []
regarding the substance of an
1 See
5 U.S.C. 553; 17 U.S.C. 701(e).
5 U.S.C. 556, 557 (discussing procedural
requirements in formal rulemakings).
3 Id. at 553.
4 See Home Box Off., Inc. v. FCC, 567 F.2d 9, 57
(D.C. Cir. 1977) (finding ex parte communications
in informal rulemakings ‘‘completely appropriate’’
when they ‘‘do not frustrate judicial review or raise
serious questions of fairness’’); Vermont Yankee
Nuclear Power Corp. v. Nat. Res. Def. Council, Inc.,
435 U.S. 519, 524 (1978) (noting that under the
APA, ‘‘[a]gencies are free to grant additional
procedural rights in the exercise of their
discretion’’); see also Sierra Club v. Costle, 657 F.2d
298, 401–02 (D.C. Cir. 1981) (noting that Congress
declined to extend the ex parte prohibition
applicable to formal rulemakings to informal
rulemakings despite being urged to do so); cf. 5
U.S.C. 557(d) (prohibiting ex parte communications
in formal rulemaking proceedings).
5 Black’s Law Dictionary (11th ed. 2019).
2 See
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]]>Agencies
[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.
-----------------------------------------------------------------------
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
