Safety Zone; Pensacola Bay, Pensacola, FL, 7644-7647 [2018-03663]
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Federal Register / Vol. 83, No. 36 / Thursday, February 22, 2018 / Proposed Rules
occupational licensing is a prerequisite
for covered businesses? How would
these changes affect the benefits
provided by the Guides?
(10) Is it necessary to include
reference works in the Note to Section
18.2? Are the reference works in the
Note to Section 18.2 authoritative and
readily and freely available to the
public? If not, are there updated
editions that are more authoritative and
readily and freely available? Are there
other works in the public domain that
the Commission should consider in
determining whether claims made for a
covered plant’s quality, size, grade,
kind, species, age, maturity, condition,
etc. are truthful and non-misleading?
For example, do federal or state
agricultural authorities provide
guidance sufficient for the Commission,
consumers, and covered businesses to
determine whether claims made for
covered products are truthful and nonmisleading?
(11) Is it necessary to include the
mention in the Note to Section 18.2 of
‘‘plant name lists periodically published
by the plant societies and the
horticultural organizations selected as
international and national cultivar
registration authorities as enumerated in
Appendix of Naming and Registering
New Cultivars?’’ Is the plant name list
sufficiently specific to be useful to
consumers or businesses? Can more
specificity be provided as to which
international and national cultivar
registration authorities are relevant, and
how to locate the Appendix of Naming
and Registering New Cultivars?
(12) Should the Commission remove
mentions of ‘‘industry
recommendation’’ and ‘‘industry
consensus’’ from the Notes to Sections
18.2 and 18.4? Should the Commission
include in the Guides only its own
views, consistent with the Guide’s
purpose of furthering the public interest
in preventing deception?
(13) Do the Guides overlap or conflict
with federal, state, or local laws or
regulations? Do the Guides overlap or
conflict with any international laws or
regulations?
(14) Have consumer perceptions
changed since the Guides were issued
and, if so, do these changes warrant
revising the Guides?
(15) Since the Guides were issued,
what effects, if any, have changes in
relevant technological, economic, or
environmental conditions had on the
need for or usefulness of the Guides?
You can file a comment online or on
paper. For the Commission to consider
your comment, we must receive it on or
before April 20, 2018. Write ‘‘Nursery
Guides, P994248’’ on your comment.
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Your comment—including your name
and your state—will be placed on the
public record of this proceeding,
including, to the extent practicable, on
the public Commission website, at
https://www.ftc.gov/policy/publiccomments.
Postal mail addressed to the
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heightened security screening. As a
result, we encourage you to submit your
comments online. To ensure the
Commission considers your online
comment, you must file it at https://
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nurseryguides, by following the
instruction on the web-based form. If
this Notice appears at https://
www.regulations.gov, you also may file
a comment through that website.
If you file your comment on paper,
write ‘‘Nursery Guides, P994248’’ on
your comment and on the envelope, and
mail it to the following address: Federal
Trade Commission, Office of the
Secretary, 600 Pennsylvania Avenue
NW, Suite CC–5610 (Annex A),
Washington, DC 20580, or deliver your
comment to the following address:
Federal Trade Commission, Office of the
Secretary, Constitution Center, 400 7th
Street SW, 5th Floor, Suite 5610,
Washington, DC 20024. If possible,
please submit your paper comment to
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service.
Because your comment will be placed
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responsible for making sure that your
comment does not include any sensitive
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anyone’s Social Security number; date
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should not include any ‘‘[t]rade secret or
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confidential’’—as provided in Section
6(f) of the FTC Act, 15 U.S.C. 46(f), and
FTC Rule 4.10(a)(2), 16 CFR 4.10(a)(2)—
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processes, or customer names.
Comments containing material for
which confidential treatment is
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must be clearly labeled ‘‘Confidential,’’
and must comply with FTC Rule 4.9(c).
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In particular, the written request for
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the comment must include the factual
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requirements for such treatment under
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Counsel grants that request.
Visit the FTC website to read this
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it. The FTC Act and other laws that the
Commission administers permit the
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appropriate. The Commission will
consider all timely and responsive
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before April 20, 2018. For information
on the Commission’s privacy policy,
including routine uses permitted by the
Privacy Act, see https://www.ftc.gov/
site-information/privacy-policy.
By direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. 2018–03569 Filed 2–21–18; 8:45 am]
BILLING CODE 6750–01–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2018–0086]
RIN 1625–AA08
Safety Zone; Pensacola Bay,
Pensacola, FL
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard proposes to
establish a temporary safety zone for all
navigable waters on Pensacola Bay
within 100 yards of each vessel
participating in the Tall Ships Pensacola
marine event and parade in Pensacola,
FL and within 100 yards of the Port of
Pensacola for the duration of the marine
event and parade. The proposed
rulemaking is necessary to provide for
the safety of life and property on these
SUMMARY:
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navigable waters during the Tall Ships
Pensacola marine event. This proposed
rulemaking would prohibit persons and
vessels from entering the safety zone
unless specifically authorized by the
Captain of the Port Sector Mobile
(COTP) 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 9, 2018.
ADDRESSES: You may submit comments
identified by docket number USCG–
2018–0086 using the Federal
eRulemaking 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 LT Kyle D.
Berry, Sector Mobile, Waterways
Management Division, U.S. Coast
Guard; telephone 251–441–5940, email
Kyle.D.Berry@uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
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CFR Code of Federal Regulations
COTP Captain of the Port Sector Mobile
DHS Department of Homeland Security
FR Federal Register
MM Mile Marker
NPRM Notice of Proposed Rulemaking
PATCOM Patrol Commander
§ Section
U.S.C. United States Code
II. Background, Purpose, and Legal
Basis
The sponsor for the Tall Ships
Pensacola marine event submitted an
application for a marine event permit
for the event that will take place from
8 a.m. on April 12, 2018 through 8 p.m.
on April 15, 2018. The event will
consist of a boat parade of the tall ships
in Pensacola Bay on April 12, 2018. The
event will also consist of several days of
public tours and sailings of the tall
ships at the Port of Pensacola,
Pensacola, FL, which is expected to
attract several thousand spectators. The
Captain of the Port Sector Mobile
(COTP) has determined a safety zone is
necessary to protect the public from the
potential hazards associated with the
tall ships during the organized parade,
and public tours and sailings of these
tall ships.
The purpose of this proposed
rulemaking is to ensure the safety of
vessels and persons during the tall
ships’ visit on the navigable waters of
the Pensacola Bay in Pensacola, FL. The
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Coast Guard proposes this rulemaking
under authority in 33 U.S.C. 1231.
The Coast Guard is issuing this Notice
of Proposed Rulemaking (NPRM) with
15-day prior notice and opportunity to
comment pursuant to authority under
section (d)(3) of the Administrative
Procedure Act (APA) (5 U.S.C. 553(d)).
This provision authorizes an agency to
publish a rule in less than 30 days
before its effective date for ‘‘good cause
found and published with the rule.’’
Under 5 U.S.C. 553(b)(B), the Coast
Guard finds that good cause exists for
publishing this NPRM with a 15-day
comment period because it is
impractical to provide a 30-day
comment period. This proposed safety
zone is necessary to ensure the safety of
vessels and persons during the tall
ships’ visit to Pensacola. It is
impracticable to publish an NPRM with
a 30-day comment period because we
must establish this safety zone by April
12, 2018.
III. Discussion of Proposed Rule
The Coast Guard proposes to establish
a temporary safety zone on Pensacola
Bay within 100 yards of each vessel
participating in the Tall Ships Pensacola
marine event from 8 a.m. on April 12,
2018 through 8 p.m. on April 15, 2018,
covering each vessel from when the
vessel arrives at Pensacola, FL, when
moored at the Port of Pensacola,
30°24′07.2″ N, 87°12′44.7″ W, when
underway in parade from position
30°24′07.2″ N, 87°12′44.7″ W to
30°19′52.6″ N, 87°18′31.5″ W, and when
the vessel departs Pensacola, FL. The
Coast Guard also proposes to establish
a temporary safety zone on Pensacola
Bay within 100 yards of the Port of
Pensacola for the duration of the Tall
Ships Pensacola marine event from 8
a.m. on April 12, 2018 through 8 p.m.
on April 15, 2018. The proposed
rulemaking is needed to provide for the
safety of life and property on these
navigable waters during the Tall Ship
Pensacola marine event. This proposed
rulemaking restricts transit into,
through, and within the zone unless
specifically authorized by the COTP or
a designated representative. No vessel or
person would be permitted to enter the
zone without obtaining permission from
the COTP or a designated
representative. A designated
representative may be a Patrol
Commander (PATCOM). The PATCOM
would be aboard either a Coast Guard or
Coast Guard Auxiliary vessel. The
PATCOM may be contacted on Channel
16 VHF–FM (156.8 MHz) by the call
sign ‘‘PATCOM’’. All persons and
vessels not registered with the sponsor
as participants or official patrol vessels
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are considered spectators. The ‘‘official
patrol vessels’’ consist of any Coast
Guard, state, or local law enforcement
and sponsor provided vessels assigned
or approved by the COTP or a
designated representative to patrol the
zone.
Spectator vessels desiring to transit
the zone may do so only with prior
approval of the COTP or a designated
representative and when so directed by
that officer would be operated at a
minimum safe navigation speed in a
manner which will not endanger any
other vessels. No spectator vessel shall
anchor, block, loiter, or impede the
through transit of official patrol vessels
in the zone during the effective dates
and times, unless cleared for entry by or
through the COTP or a designated
representative. Any spectator vessel
may anchor outside the zone, but may
not anchor in, block, or loiter in a
navigable channel. Spectator vessels
may be moored to a waterfront facility
within the zone in such a way that they
shall not interfere with the progress of
the event. Such mooring must be
complete at least 30 minutes prior to the
establishment of the zone and remain
moored through the duration of the
event.
The COTP or a designated
representative may forbid and control
the movement of all vessels in the zone.
When hailed or signaled by an official
patrol vessel, a vessel shall come to an
immediate stop and comply with the
directions given. Failure to do so may
result in expulsion from the zone,
citation for failure to comply, or both.
The COTP or a designated
representative may terminate the
operation of any vessel at any time it is
deemed necessary for the protection of
life or property. The COTP or a
designated representative would
terminate enforcement of the safety zone
at the conclusion of the event.
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.
Executive Order 13771 directs agencies
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to control regulatory costs through a
budgeting process. 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), 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 proposed rulemaking. The
proposed safety zone would take place
on a small area of Pensacola Bay, lasting
for only four days from April 12, 2018
through April 15, 2018. Additionally,
the Coast Guard would issue Broadcast
Notices to Mariners via VHF–FM marine
channel 16 about the safety zone so that
waterway users may plan accordingly
for transits during this restriction, and
the proposed rule would also allow
vessels to seek permission from the
COTP or a designated representative 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
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
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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 contact 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
effects of this rule elsewhere in this
preamble.
F. Environment
We have analyzed this rule under
Department of Homeland Security
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
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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 a safety
zone on Pensacola Bay within 100 yards
of the Port of Pensacola and within 100
yards of any vessel participating in the
Tall Ships Pensacola marine event and
parade from April 12, 2018 through
April 15, 2018. It is categorically
excluded from further review under
paragraph L60 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.
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 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.
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.
We encourage you to submit
comments through the Federal
eRulemaking Portal at https://
www.regulations.gov. If your material
cannot be submitted using https://
www.regulations.gov, contact the person
in the FOR FURTHER INFORMATION
CONTACT section of this document for
alternate instructions.
We accept anonymous comments. All
comments received will be posted
without change to https://
www.regulations.gov and will include
any personal information you have
provided. For more about privacy and
the docket, visit https://
www.regulations.gov/privacyNotice.
Documents mentioned in this NPRM
as being available in the docket, and all
public comments, will be in our online
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docket at https://www.regulations.gov
and can be viewed by following that
website’s instructions. Additionally, if
you go to the online docket and sign up
for email alerts, you will be notified
when comments are posted or a final
rule is published.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Waterways.
For the reasons discussed in the
preamble, the Coast Guard proposes to
amend 33 CFR part 165 as follows:
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.T08–0086 to read as
follows:
■
daltland on DSKBBV9HB2PROD with PROPOSALS
§ 165.T08–0086 Safety Zone; Pensacola
Bay, Pensacola, FL
(a) Location. The following area is a
safety zone: All navigable waters of the
Pensacola Bay within 100 yards of each
vessel participating in the Tall Ships
Pensacola marine event and parade and
within 100 yards of the Port of
Pensacola, 30°24′07.2″ N, 87°12′44.7″
W, Pensacola, FL.
(b) Enforcement period. This section
is effective from 8 a.m. on April 12,
2018 through 8 p.m. on April 15, 2018.
(c) Regulations.
(1) In accordance with the general
regulations in § 165.23 of this part, entry
into, transiting through, or exiting from
this area is prohibited unless authorized
by the Captain of the Port Sector Mobile
(COTP) or a designated representative.
A designated representative may be a
Patrol Commander (PATCOM). The
PATCOM will be aboard either a Coast
Guard or Coast Guard Auxiliary vessel.
The PATCOM may be contacted on
Channel 16 VHF–FM (156.8 MHz) by
the call sign ‘‘PATCOM’’.
(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
contacted on VHF–FM channels 16 or
by telephone at 251–441–5976.
(4) If permission is granted, all
persons and vessels must comply with
the instructions of the COTP or
designated representative.
(5) All persons and vessels not
registered with the event sponsor as
participants or official patrol vessels are
considered spectators. The ‘‘official
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patrol vessels’’ consist of any Coast
Guard, state, or local law enforcement
and sponsor provided vessels assigned
or approved by the COTP or a
designated representative to patrol the
regulated area.
(6) Spectator vessels desiring to
transit the regulated area may do so only
with prior approval of the COTP or a
designated representative and when so
directed by that officer will be operated
at a minimum safe navigation speed in
a manner that will not endanger
participants in the zone or any other
vessels.
(7) No spectator vessel shall anchor,
block, loiter, or impede the through
transit of participants or official patrol
vessels in the regulated area during the
effective dates and times, unless cleared
for entry by the COTP or a designated
representative.
(8) Any spectator vessel may anchor
outside the regulated area, but may not
anchor in, block, or loiter in a navigable
channel. Spectator vessels may be
moored to a waterfront facility within
the regulated area in such a way that
they shall not interfere with the progress
of the event. Such mooring must be
complete at least 30 minutes prior to the
establishment of the regulated area and
remain moored through the duration of
the event.
(9) The COTP or designated
representative may forbid and control
the movement of all vessels in the
regulated area. When hailed or signaled
by an official patrol vessel, a vessel shall
come to an immediate stop and comply
with the directions given. Failure to do
so may result in expulsion from the
area, citation for failure to comply, or
both.
(10) The COTP or a designated
representative may terminate the event
or the operation of any vessel at any
time it is deemed necessary for the
protection of life or property.
(11) The COTP or a designated
representative will terminate
enforcement of the safety zone prior to
or at the conclusion of the event.
(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 15, 2018.
M.R. McLellan,
Captain, U.S. Coast Guard, Captain of the
Port Sector Mobile.
[FR Doc. 2018–03663 Filed 2–21–18; 8:45 am]
BILLING CODE 9110–04–P
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DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2018–0102]
RIN 1625–AA00
Safety Zones; Recurring Events in
Captain of the Port Duluth Zone
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard proposes to
amend its safety zones regulations for
annual events in the Captain of the Port
Duluth Zone. This rule would update
the locations for seven safety zones, add
three new safety zones, increase the
safety zone radius of six existing
fireworks events, and modify the format
of the regulation to list the annual
events and corresponding safety zones
in table form. These proposed
amendments would protect spectators,
participants, and vessels from the
hazards associated with annual marine
events and improve the clarity and
readability of the regulation.
DATES: Comments and related material
must be received by the Coast Guard on
or before March 26, 2018.
ADDRESSES: You may submit comments
identified by docket number USCG–
2018–0102 using the Federal
eRulemaking Portal at https://
www.regulations.gov. Type the docket
number (USCG–2018–0102) in the
‘‘SEARCH’’ box and click ‘‘SEARCH.’’
See the ‘‘Public Participation and
Request for Comments’’ portion of the
SUPPLEMENTARY INFORMATION section for
further instructions on submitting
comments.
SUMMARY:
If
you have questions on this rule, call or
email Lieutenant John Mack, Chief of
Waterways Management, Marine Safety
Unit Duluth, U.S. Coast Guard;
telephone 218–725–3818, email
John.V.Mack@uscg.mil.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
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
§ Section
U.S.C. United States Code
II. Background, Purpose, and Legal
Basis
On May 31, 2013 the Coast Guard
published an NPRM in the Federal
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[Federal Register Volume 83, Number 36 (Thursday, February 22, 2018)]
[Proposed Rules]
[Pages 7644-7647]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-03663]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2018-0086]
RIN 1625-AA08
Safety Zone; Pensacola Bay, Pensacola, FL
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to establish a temporary safety zone
for all navigable waters on Pensacola Bay within 100 yards of each
vessel participating in the Tall Ships Pensacola marine event and
parade in Pensacola, FL and within 100 yards of the Port of Pensacola
for the duration of the marine event and parade. The proposed
rulemaking is necessary to provide for the safety of life and property
on these
[[Page 7645]]
navigable waters during the Tall Ships Pensacola marine event. This
proposed rulemaking would prohibit persons and vessels from entering
the safety zone unless specifically authorized by the Captain of the
Port Sector Mobile (COTP) 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 9, 2018.
ADDRESSES: You may submit comments identified by docket number USCG-
2018-0086 using the Federal eRulemaking 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 LT 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
MM Mile Marker
NPRM Notice of Proposed Rulemaking
PATCOM Patrol Commander
Sec. Section
U.S.C. United States Code
II. Background, Purpose, and Legal Basis
The sponsor for the Tall Ships Pensacola marine event submitted an
application for a marine event permit for the event that will take
place from 8 a.m. on April 12, 2018 through 8 p.m. on April 15, 2018.
The event will consist of a boat parade of the tall ships in Pensacola
Bay on April 12, 2018. The event will also consist of several days of
public tours and sailings of the tall ships at the Port of Pensacola,
Pensacola, FL, which is expected to attract several thousand
spectators. The Captain of the Port Sector Mobile (COTP) has determined
a safety zone is necessary to protect the public from the potential
hazards associated with the tall ships during the organized parade, and
public tours and sailings of these tall ships.
The purpose of this proposed rulemaking is to ensure the safety of
vessels and persons during the tall ships' visit on the navigable
waters of the Pensacola Bay in Pensacola, FL. The Coast Guard proposes
this rulemaking under authority in 33 U.S.C. 1231.
The Coast Guard is issuing this Notice of Proposed Rulemaking
(NPRM) with 15-day prior notice and opportunity to comment pursuant to
authority under section (d)(3) of the Administrative Procedure Act
(APA) (5 U.S.C. 553(d)). This provision authorizes an agency to publish
a rule in less than 30 days before its effective date for ``good cause
found and published with the rule.'' Under 5 U.S.C. 553(b)(B), the
Coast Guard finds that good cause exists for publishing this NPRM with
a 15-day comment period because it is impractical to provide a 30-day
comment period. This proposed safety zone is necessary to ensure the
safety of vessels and persons during the tall ships' visit to
Pensacola. It is impracticable to publish an NPRM with a 30-day comment
period because we must establish this safety zone by April 12, 2018.
III. Discussion of Proposed Rule
The Coast Guard proposes to establish a temporary safety zone on
Pensacola Bay within 100 yards of each vessel participating in the Tall
Ships Pensacola marine event from 8 a.m. on April 12, 2018 through 8
p.m. on April 15, 2018, covering each vessel from when the vessel
arrives at Pensacola, FL, when moored at the Port of Pensacola,
30[deg]24'07.2'' N, 87[deg]12'44.7'' W, when underway in parade from
position 30[deg]24'07.2'' N, 87[deg]12'44.7'' W to 30[deg]19'52.6'' N,
87[deg]18'31.5'' W, and when the vessel departs Pensacola, FL. The
Coast Guard also proposes to establish a temporary safety zone on
Pensacola Bay within 100 yards of the Port of Pensacola for the
duration of the Tall Ships Pensacola marine event from 8 a.m. on April
12, 2018 through 8 p.m. on April 15, 2018. The proposed rulemaking is
needed to provide for the safety of life and property on these
navigable waters during the Tall Ship Pensacola marine event. This
proposed rulemaking restricts transit into, through, and within the
zone unless specifically authorized by the COTP or a designated
representative. No vessel or person would be permitted to enter the
zone without obtaining permission from the COTP or a designated
representative. A designated representative may be a Patrol Commander
(PATCOM). The PATCOM would be aboard either a Coast Guard or Coast
Guard Auxiliary vessel. The PATCOM may be contacted on Channel 16 VHF-
FM (156.8 MHz) by the call sign ``PATCOM''. All persons and vessels not
registered with the sponsor as participants or official patrol vessels
are considered spectators. The ``official patrol vessels'' consist of
any Coast Guard, state, or local law enforcement and sponsor provided
vessels assigned or approved by the COTP or a designated representative
to patrol the zone.
Spectator vessels desiring to transit the zone may do so only with
prior approval of the COTP or a designated representative and when so
directed by that officer would be operated at a minimum safe navigation
speed in a manner which will not endanger any other vessels. No
spectator vessel shall anchor, block, loiter, or impede the through
transit of official patrol vessels in the zone during the effective
dates and times, unless cleared for entry by or through the COTP or a
designated representative. Any spectator vessel may anchor outside the
zone, but may not anchor in, block, or loiter in a navigable channel.
Spectator vessels may be moored to a waterfront facility within the
zone in such a way that they shall not interfere with the progress of
the event. Such mooring must be complete at least 30 minutes prior to
the establishment of the zone and remain moored through the duration of
the event.
The COTP or a designated representative may forbid and control the
movement of all vessels in the zone. When hailed or signaled by an
official patrol vessel, a vessel shall come to an immediate stop and
comply with the directions given. Failure to do so may result in
expulsion from the zone, citation for failure to comply, or both.
The COTP or a designated representative may terminate the operation
of any vessel at any time it is deemed necessary for the protection of
life or property. The COTP or a designated representative would
terminate enforcement of the safety zone at the conclusion of the
event.
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. Executive Order 13771 directs agencies
[[Page 7646]]
to control regulatory costs through a budgeting process. 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), 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 proposed rulemaking. The proposed safety zone would
take place on a small area of Pensacola Bay, lasting for only four days
from April 12, 2018 through April 15, 2018. Additionally, the Coast
Guard would issue Broadcast Notices to Mariners via VHF-FM marine
channel 16 about the safety zone so that waterway users may plan
accordingly for transits during this restriction, and the proposed rule
would also allow vessels to seek permission from the COTP or a
designated representative 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 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. 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 contact 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 effects of this rule
elsewhere in this preamble.
F. Environment
We have analyzed this rule under Department of Homeland Security
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 a safety zone on Pensacola Bay
within 100 yards of the Port of Pensacola and within 100 yards of any
vessel participating in the Tall Ships Pensacola marine event and
parade from April 12, 2018 through April 15, 2018. It is categorically
excluded from further review under paragraph L60 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.
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 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.
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.
We encourage you to submit comments through the Federal eRulemaking
Portal at https://www.regulations.gov. If your material cannot be
submitted using https://www.regulations.gov, contact the person in the
FOR FURTHER INFORMATION CONTACT section of this document for alternate
instructions.
We accept anonymous comments. All comments received will be posted
without change to https://www.regulations.gov and will include any
personal information you have provided. For more about privacy and the
docket, visit https://www.regulations.gov/privacyNotice.
Documents mentioned in this NPRM as being available in the docket,
and all public comments, will be in our online
[[Page 7647]]
docket at https://www.regulations.gov and can be viewed by following
that website's instructions. Additionally, if you go to the online
docket and sign up for email alerts, you will be notified when comments
are posted or a final rule is published.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Waterways.
For the reasons discussed in the preamble, the Coast Guard proposes
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: 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.T08-0086 to read as follows:
Sec. 165.T08-0086 Safety Zone; Pensacola Bay, Pensacola, FL
(a) Location. The following area is a safety zone: All navigable
waters of the Pensacola Bay within 100 yards of each vessel
participating in the Tall Ships Pensacola marine event and parade and
within 100 yards of the Port of Pensacola, 30[deg]24'07.2'' N,
87[deg]12'44.7'' W, Pensacola, FL.
(b) Enforcement period. This section is effective from 8 a.m. on
April 12, 2018 through 8 p.m. on April 15, 2018.
(c) Regulations.
(1) In accordance with the general regulations in Sec. 165.23 of
this part, entry into, transiting through, or exiting from this area is
prohibited unless authorized by the Captain of the Port Sector Mobile
(COTP) or a designated representative. A designated representative may
be a Patrol Commander (PATCOM). The PATCOM will be aboard either a
Coast Guard or Coast Guard Auxiliary vessel. The PATCOM may be
contacted on Channel 16 VHF-FM (156.8 MHz) by the call sign ``PATCOM''.
(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 contacted on VHF-FM channels 16 or by
telephone at 251-441-5976.
(4) If permission is granted, all persons and vessels must comply
with the instructions of the COTP or designated representative.
(5) All persons and vessels not registered with the event sponsor
as participants or official patrol vessels are considered spectators.
The ``official patrol vessels'' consist of any Coast Guard, state, or
local law enforcement and sponsor provided vessels assigned or approved
by the COTP or a designated representative to patrol the regulated
area.
(6) Spectator vessels desiring to transit the regulated area may do
so only with prior approval of the COTP or a designated representative
and when so directed by that officer will be operated at a minimum safe
navigation speed in a manner that will not endanger participants in the
zone or any other vessels.
(7) No spectator vessel shall anchor, block, loiter, or impede the
through transit of participants or official patrol vessels in the
regulated area during the effective dates and times, unless cleared for
entry by the COTP or a designated representative.
(8) Any spectator vessel may anchor outside the regulated area, but
may not anchor in, block, or loiter in a navigable channel. Spectator
vessels may be moored to a waterfront facility within the regulated
area in such a way that they shall not interfere with the progress of
the event. Such mooring must be complete at least 30 minutes prior to
the establishment of the regulated area and remain moored through the
duration of the event.
(9) The COTP or designated representative may forbid and control
the movement of all vessels in the regulated area. When hailed or
signaled by an official patrol vessel, a vessel shall come to an
immediate stop and comply with the directions given. Failure to do so
may result in expulsion from the area, citation for failure to comply,
or both.
(10) The COTP or a designated representative may terminate the
event or the operation of any vessel at any time it is deemed necessary
for the protection of life or property.
(11) The COTP or a designated representative will terminate
enforcement of the safety zone prior to or at the conclusion of the
event.
(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 15, 2018.
M.R. McLellan,
Captain, U.S. Coast Guard, Captain of the Port Sector Mobile.
[FR Doc. 2018-03663 Filed 2-21-18; 8:45 am]
BILLING CODE 9110-04-P
