Safety Zone; Pensacola Bay, Pensacola, FL, 6966-6968 [2018-03239]
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Federal Register / Vol. 83, No. 33 / Friday, February 16, 2018 / Rules and Regulations
review under paragraph L60(a) of
Appendix A, Table 1 of DHS Instruction
Manual 023–01–001–01, Rev.01. A
Record of Environmental Consideration
(REC) supporting this determination is
available in the docket where indicated
under ADDRESSES.
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to contact 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.
Coast Guard
33 CFR Part 165
1. The authority citation for part 165
continues to read as follows:
■
Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 0170.1.
§ 165.T08–0061 Safety Zone; Santa Rosa
Sound, Pensacola Beach, FL.
daltland on DSKBBV9HB2PROD with RULES
[Docket Number USCG–2017–0998]
RIN 1625–AA00
Safety Zone; Pensacola Bay,
Pensacola, FL
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a safety zone for all
navigable waters on Pensacola Bay
within 500 yards of the construction of
the new Pensacola Bay Bridge in
Pensacola, FL. The purpose of the safety
zone is to protect personnel, vessels,
and the marine environment from
potential hazards created by work
performed during the construction of
the new bridge located across the
Pensacola Bay. This rulemaking restricts
speed to an idle speed or slowest safe
speed for all vessels, mariners, and
persons unless specifically authorized
by the Captain of the Port Sector Mobile
(COTP) or a designated representative.
DATES: This rule is effective without
actual notice from February 16, 2018
until December 31, 2020. For the
purposes of enforcement, actual notice
will be used from February 7, 2018 until
February 16, 2018.
FOR FURTHER INFORMATION CONTACT: If
you have questions about this
rulemaking, call or email Lieutenant
Kyle D. Berry, Sector Mobile,
Waterways Management Division, U.S.
Coast Guard; telephone 251–441–5940,
email Kyle.D.Berry@uscg.mil.
SUPPLEMENTARY INFORMATION:
SUMMARY:
2. Add § 165.T08–0061 to read as
follows:
■
(a) Location. The following area is a
safety zone: All navigable waters within
a 500 yard radius of the Kokosing Cable
Lay Barge located between positions
30°21′26.0″ N, 87°09′13.0″ W and
30°20′04.7″ N, 87°08′20.8″ W on the
Santa Rosa Sound, Pensacola Beach, FL.
(b) Enforcement period. This section
will be enforced from February 10, 2018
through March 30, 2018.
(c) Regulations. (1) The general
regulations contained in § 165.23 as
well as the regulations in this section
apply to the regulated area.
(2) Entry into this zone is prohibited
unless authorized by the Captain of the
Port Sector Mobile (COTP) or a
designated representative. A designated
representative is a commissioned,
warrant, or petty officer of the U.S.
Coast Guard assigned to units under the
operational control of USCG Sector
Mobile.
(3) Persons or vessels seeking to enter
into or transit through the zone must
request permission from the COTP or a
designated representative. They may be
Jkt 244001
[FR Doc. 2018–03228 Filed 2–15–18; 8:45 am]
DEPARTMENT OF HOMELAND
SECURITY
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
17:46 Feb 15, 2018
Dated: February 9, 2018.
M.R. Mclellan,
Captain, U.S. Coast Guard, Captain of the
Port Sector Mobile.
BILLING CODE 9110–04–P
List of Subjects 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:
VerDate Sep<11>2014
contacted on VHF–FM channel 16 or by
telephone at 251–441–5976.
(4) Persons and vessels permitted to
enter this safety zone must transit at
their slowest safe speed and comply
with all lawful directions issued by the
COTP or the designated representative.
(d) Informational broadcasts. The
COTP or a designated representative
will inform the public through
broadcast notices to mariners of the
enforcement period for the safety zone.
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I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port Sector Mobile
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
II. Background Information and
Regulatory History
The Coast Guard is issuing this
temporary rule without prior notice and
opportunity to comment pursuant to
authority under section 4(a) of the
Administrative Procedure Act (APA) (5
U.S.C. 553(b)). This provision
authorizes an agency to issue a rule
without prior notice and opportunity to
comment when the agency for good
cause finds that those procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ Under 5 U.S.C.
553(b)(B), the Coast Guard finds that
good cause exists for not publishing a
notice of proposed rulemaking (NPRM)
with respect to this rule because it is
impracticable. The construction of the
Pensacola Bay Bridge has advanced to
the phase requiring the presence of
vessels, barges, and cranes that are now
working in and around the main
navigation channel and other areas
frequently navigated by recreational
vessels. Hazards associated with this
phase of the construction include
accidental falling debris, submerged
objects, collision, allision, and other
navigational hazards. It is impracticable
to publish an NPRM because we must
establish this safety zone immediately to
prevent injury to persons and vessels
and lack sufficient time to provide a
reasonable comment period and then
consider those comments before issuing
the rule.
We are issuing this rule, and under 5
U.S.C. 553(d)(3), and for the reasons
stated above, the Coast Guard finds that
good cause exists for making it effective
less than 30 days after publication in the
Federal Register. Delaying the effective
date of this rule would be contrary to
public interest because of the potential
safety hazards associated with the work.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 33 U.S.C. 1231. The
Captain of the Port Sector Mobile
(COTP) has determined that potential
hazards associated with the bridge work
that is currently ongoing will be a safety
concern for anyone within 500 yards of
the construction of the new Pensacola
Bay Bridge. This rule is needed to
protect personnel, vessels, and the
marine environment in the navigable
E:\FR\FM\16FER1.SGM
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Federal Register / Vol. 83, No. 33 / Friday, February 16, 2018 / Rules and Regulations
waters within the safety zone while the
bridge work is being completed.
IV. Discussion of the Rule
This rule establishes a temporary
safety zone effective from February 7,
2018 until December 31, 2020 on
Pensacola within 500 yards of the
construction of the new Pensacola Bay
Bridge in Pensacola, FL. The safety zone
is needed to protect life and property
from the hazards associated with the
construction of the new bridge on
Pensacola Bay. This rulemaking restricts
speed to an idle speed or slowest safe
speed for all vessels, mariners, and
persons unless specifically authorized
by the COTP or a designated
representative. The duration of the zone
is intended to ensure the safety of
people and vessels on these navigable
waters during the construction of the
new bridge.
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, and we discuss First
Amendment rights of protestors.
daltland on DSKBBV9HB2PROD with RULES
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.
Executive Order 13771 directs agencies
to control regulatory costs through a
budgeting process. This rule has not
been designated a ‘‘significant
regulatory action,’’ under Executive
Order 12866. Accordingly, this rule has
not been reviewed by the Office of
Management and Budget (OMB), and
pursuant to OMB guidance it is exempt
from the requirements of Executive
Order 13771.
This regulatory action determination
is based on size, location, and duration
of the rulemaking. This safety zone will
be in place within 500 yards of the
construction of the new Pensacola Bay
Bridge until the estimated completion of
the bridge on December 31, 2020.
Vessels are permitted to enter the safety
zone, but must do so at idle or the
slowest safe speed. Additionally, the
Coast Guard will issue Broadcast
Notices to Mariners via VHF–FM marine
channel 16 about the regulation so that
waterway users may plan accordingly
for transits during this restriction.
VerDate Sep<11>2014
17:46 Feb 15, 2018
Jkt 244001
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 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 safety
zone 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 contact 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.
6967
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. If you
believe this rule has implications for
federalism or Indian tribes, please
contact the person listed in the FOR
FURTHER INFORMATION CONTACT section
above.
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 expenditure, we
do discuss the effects of this rule
elsewhere in this preamble.
D. Federalism and Indian Tribal
Governments
F. Environment
We have analyzed this rule under
Department of Homeland Security
Management Directive 023–01, which
guides 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
environment. This rule involves safety
zone within 500 yards of the
construction of the new Pensacola Bay
Bridge on Pensacola Bay, Pensacola, FL.
It is categorically excluded from further
review under paragraph L60(a) of
Appendix A, Table 1 of DHS Instruction
Manual 023–01–001–01, Rev. 01. A
Record of Environmental Consideration
supporting this determination is
available in the docket where indicated
under ADDRESSES.
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
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to contact the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
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).
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6968
Federal Register / Vol. 83, No. 33 / Friday, February 16, 2018 / Rules and Regulations
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places or vessels.
ENVIRONMENTAL PROTECTION
AGENCY
List of Subjects in 33 CFR Part 165
[EPA–R01–OAR–2017–0150; FRL–9973–18–
Region 1]
Harbors, Marine Safety, Navigation
(water), Reporting and Recordkeeping
Requirements, Security Measures,
Waterways.
Air Plan Approval; Connecticut;
Nonattainment New Source Review
Permit Requirements for the 2008
8-Hour Ozone Standard
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
■
Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 0170.1.
2. Add § 165.T08–0998 to read as
follows:
■
§ 165.T08–0998 Safety Zone; Pensacola
Bay, Pensacola, FL.
(a) Location. The following area is a
temporary safety zone: All navigable
waters of the Pensacola Bay within 500
yards of the construction of the new
Pensacola Bay Bridge.
(b) Enforcement period. This section
will be enforced from February 7, 2018
through December 31, 2020.
(c) Regulations. In accordance with
the general regulations in § 165.23,
persons and vessels entering this safety
zone must transit at idle or the slowest
safe speed and comply with all lawful
directions issued by the Captain of the
Port Sector Mobile (COTP) or a
designated representative.
(d) Informational broadcasts. The
COTP or a designated representative
will inform the public through
broadcast notices to mariners of the
enforcement period for the temporary
safety zone as well as any changes in the
planned schedule.
Dated: February 7, 2018.
M.R. McLellan,
Captain, U.S. Coast Guard, Captain of the
Port Sector Mobile.
daltland on DSKBBV9HB2PROD with RULES
[FR Doc. 2018–03239 Filed 2–15–18; 8:45 am]
BILLING CODE 9110–04–P
VerDate Sep<11>2014
17:46 Feb 15, 2018
Jkt 244001
40 CFR Part 52
The Environmental Protection
Agency (EPA) is taking final action to
approve the state implementation plan
(SIP) revision submitted on March 9,
2017 by the Connecticut Department of
Energy and Environmental Protection
(CT DEEP) addressing the
nonattainment new source review
(NNSR) requirements for the 2008
8-hour ozone National Ambient Air
Quality Standard (NAAQS). The SIP
revision addresses both of Connecticut’s
ozone nonattainment areas for the 2008
ozone NAAQS; the Greater Connecticut
area and the Connecticut portion of the
New York-N. New Jersey-Long Island,
NY–NJ–CT area. The Connecticut
portion of the New York-N. New JerseyLong Island, NY–NJ–CT ozone
nonattainment area consists of Fairfield,
New Haven, and Middlesex counties.
The Greater Connecticut nonattainment
area includes the rest of the State. This
action is being taken pursuant to the
Clean Air Act (CAA or Act) and its
implementing regulations.
DATES: This rule is effective on March
19, 2018.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R01–OAR–
2017–0150. All documents in the docket
are listed on the https://
www.regulations.gov website. Although
listed in the index, some information is
not publicly available, i.e., CBI or other
information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
is not placed on the internet and will be
publicly available only in hard copy
form. Publicly available docket
materials are available at https://
www.regulations.gov or at the U.S.
Environmental Protection Agency, EPA
New England Regional Office, Office of
Ecosystem Protection, Air Quality
Planning Unit, 5 Post Office Square—
Suite 100, Boston, MA. The EPA
requests that if at all possible, you
contact the contact listed in the FOR
FURTHER INFORMATION CONTACT section to
schedule your inspection. The Regional
SUMMARY:
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Office’s official hours of business are
Monday through Friday, 8:30 a.m. to
4:30 p.m., excluding legal holidays.
FOR FURTHER INFORMATION CONTACT:
Donald Dahl, U.S. Environmental
Protection Agency, EPA New England
Regional Office, Office of Ecosystem
Protection, Air Permits, Toxics, and
Indoor Programs Unit, 5 Post Office
Square—Suite 100, (Mail code OEP05–
2), Boston, MA 02109–3912. Mr. Dahl’s
telephone number is (617) 918–1657;
email address: dahl.donald@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA.
Table of Contents
I. Background and Purpose
II. Response to Comment
III. Final Action
IV. Statutory and Executive Order Reviews
I. Background and Purpose
On August 14, 2017, EPA published a
Notice of Proposed Rulemaking (NPR)
(82 FR 37829) and Direct Final
Rulemaking (DFRN) (82 FR 37819)
proposing to approve and approving,
respectively, Connecticut’s
demonstration that its nonattainment
new source review regulations approved
into the state implementation plan meet
the requirements of the 2008 8-hour
ozone standard. The demonstration was
submitted on March 9, 2017 by the CT
DEEP as a SIP revision. In the DFRN,
EPA stated that if an adverse comment
were to be submitted to EPA by
September 13, 2017, the action would
be withdrawn and not take effect, and
a final rule would be issued based on
the NPR. EPA received one adverse
comment prior to the close of the
comment period. Therefore, EPA
withdrew the DFRN on October 13,
2017 (82 FR 47630). This action is a
final rule based on the NPR. A detailed
discussion of Connecticut’s March 9,
2017 SIP revision and EPA’s rationale
for approving the SIP revision was
provided in the DFRN and will not be
restated here, except to the extent it is
relevant to our response to the public
comment we received.
II. Response to Comment
EPA received one adverse comment
on its August 14, 2017 (82 FR 37829)
Notice of Proposed Rulemaking.
Comment: The commenter stated that
EPA is required to evaluate
Connecticut’s NNSR SIP as it relates to
the ozone transport region (OTR)
requirements in section 184 of the CAA.
Response: The Connecticut SIP’s
NNSR requirements are at least as
stringent, and in some instances more
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]]>Agencies
[Federal Register Volume 83, Number 33 (Friday, February 16, 2018)]
[Rules and Regulations]
[Pages 6966-6968]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-03239]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2017-0998]
RIN 1625-AA00
Safety Zone; Pensacola Bay, Pensacola, FL
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a safety zone for all
navigable waters on Pensacola Bay within 500 yards of the construction
of the new Pensacola Bay Bridge in Pensacola, FL. The purpose of the
safety zone is to protect personnel, vessels, and the marine
environment from potential hazards created by work performed during the
construction of the new bridge located across the Pensacola Bay. This
rulemaking restricts speed to an idle speed or slowest safe speed for
all vessels, mariners, and persons unless specifically authorized by
the Captain of the Port Sector Mobile (COTP) or a designated
representative.
DATES: This rule is effective without actual notice from February 16,
2018 until December 31, 2020. For the purposes of enforcement, actual
notice will be used from February 7, 2018 until February 16, 2018.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
rulemaking, call or email Lieutenant Kyle D. Berry, Sector Mobile,
Waterways Management Division, U.S. Coast Guard; telephone 251-441-
5940, email [email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port Sector Mobile
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because it is impracticable. The construction
of the Pensacola Bay Bridge has advanced to the phase requiring the
presence of vessels, barges, and cranes that are now working in and
around the main navigation channel and other areas frequently navigated
by recreational vessels. Hazards associated with this phase of the
construction include accidental falling debris, submerged objects,
collision, allision, and other navigational hazards. It is
impracticable to publish an NPRM because we must establish this safety
zone immediately to prevent injury to persons and vessels and lack
sufficient time to provide a reasonable comment period and then
consider those comments before issuing the rule.
We are issuing this rule, and under 5 U.S.C. 553(d)(3), and for the
reasons stated above, the Coast Guard finds that good cause exists for
making it effective less than 30 days after publication in the Federal
Register. Delaying the effective date of this rule would be contrary to
public interest because of the potential safety hazards associated with
the work.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 33 U.S.C.
1231. The Captain of the Port Sector Mobile (COTP) has determined that
potential hazards associated with the bridge work that is currently
ongoing will be a safety concern for anyone within 500 yards of the
construction of the new Pensacola Bay Bridge. This rule is needed to
protect personnel, vessels, and the marine environment in the navigable
[[Page 6967]]
waters within the safety zone while the bridge work is being completed.
IV. Discussion of the Rule
This rule establishes a temporary safety zone effective from
February 7, 2018 until December 31, 2020 on Pensacola within 500 yards
of the construction of the new Pensacola Bay Bridge in Pensacola, FL.
The safety zone is needed to protect life and property from the hazards
associated with the construction of the new bridge on Pensacola Bay.
This rulemaking restricts speed to an idle speed or slowest safe speed
for all vessels, mariners, and persons unless specifically authorized
by the COTP or a designated representative. The duration of the zone is
intended to ensure the safety of people and vessels on these navigable
waters during the construction of the new bridge.
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, 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. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This rule has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
This regulatory action determination is based on size, location,
and duration of the rulemaking. This safety zone will be in place
within 500 yards of the construction of the new Pensacola Bay Bridge
until the estimated completion of the bridge on December 31, 2020.
Vessels are permitted to enter the safety zone, but must do so at idle
or the slowest safe speed. Additionally, the Coast Guard will issue
Broadcast Notices to Mariners via VHF-FM marine channel 16 about the
regulation so that waterway users may plan accordingly for transits
during this restriction.
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 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
safety zone 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
contact 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. If
you believe this rule has implications for federalism or Indian tribes,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section above.
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 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
Management Directive 023-01, which guides 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 environment. This rule involves safety zone within
500 yards of the construction of the new Pensacola Bay Bridge on
Pensacola Bay, Pensacola, FL. It is categorically excluded from further
review under paragraph L60(a) of Appendix A, Table 1 of DHS Instruction
Manual 023-01-001-01, Rev. 01. A Record of Environmental Consideration
supporting this determination is available in the docket where
indicated under ADDRESSES.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to
[[Page 6968]]
coordinate protest activities so that your message can be received
without jeopardizing the safety or security of people, places or
vessels.
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: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1,
6.04-6, and 160.5; Department of Homeland Security Delegation No.
0170.1.
0
2. Add Sec. 165.T08-0998 to read as follows:
Sec. 165.T08-0998 Safety Zone; Pensacola Bay, Pensacola, FL.
(a) Location. The following area is a temporary safety zone: All
navigable waters of the Pensacola Bay within 500 yards of the
construction of the new Pensacola Bay Bridge.
(b) Enforcement period. This section will be enforced from February
7, 2018 through December 31, 2020.
(c) Regulations. In accordance with the general regulations in
Sec. 165.23, persons and vessels entering this safety zone must
transit at idle or the slowest safe speed and comply with all lawful
directions issued by the Captain of the Port Sector Mobile (COTP) or a
designated representative.
(d) Informational broadcasts. The COTP or a designated
representative will inform the public through broadcast notices to
mariners of the enforcement period for the temporary safety zone as
well as any changes in the planned schedule.
Dated: February 7, 2018.
M.R. McLellan,
Captain, U.S. Coast Guard, Captain of the Port Sector Mobile.
[FR Doc. 2018-03239 Filed 2-15-18; 8:45 am]
BILLING CODE 9110-04-P
