Safety Zone; Pensacola Bay, Pensacola, FL, 13187-13190 [2018-06127]
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Federal Register / Vol. 83, No. 60 / Wednesday, March 28, 2018 / Rules and Regulations
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.
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F. Environment
We have analyzed this rule under
Department of Homeland Security
Management Directive 023–01 and
Commandant Instruction M16475.lD,
which guide the Coast Guard in
complying with the National
Environmental Policy Act of 1969 (42
U.S.C. 4321–4370f), and have
determined that this action is one of a
category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule involves an
emergency safety zone lasting
approximately nineteen days that will
prohibit entry into a three-mile stretch
of the Lower Mississippi River during a
hazardous high-water event. It is
categorically excluded from further
review under paragraph L60(d) of
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Appendix A, Table 1 of DHS Instruction
Manual 023–01–001–01, Rev. 01. A
Record of Environmental Consideration
(REC) supporting this determination
will be made 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.
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
1. The authority citation for part 165
continues to read as follows:
13187
safety zone, contact the COTP or the
COTP’s representative by telephone at
1–866–777–2784 or on VHF–FM
channel 16.
(3) Persons and vessels permitted to
enter this safety zone shall not meet,
pass, or overtake any vessel currently
transiting, shall maintain slowest speed
for safe navigation, and shall comply
with all lawful directions issued by the
COTP or the designated representative.
(d) Informational Broadcasts. This
safety zone may include closures and/or
navigation restrictions and requirements
that are vital to maintaining safe
navigation on this section of the Lower
Mississippi River during the high water.
The COTP or a designated
representative will inform the public
through broadcast notices to mariners of
any changes in the enforcement period
for the safety zone.
Dated: March 12, 2018.
R. Tamez,
Captain, U.S. Coast Guard, Captain of the
Port Sector Lower Mississippi River.
[FR Doc. 2018–06213 Filed 3–27–18; 8:45 am]
BILLING CODE 9110–04–P
■
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.T08–0229 to read as
follows:
■
§ 165.T08–0229 Safety Zone; Lower
Mississippi River; Port Gibson, MS.
(a) Location. The following area is a
safety zone: All navigable waters of the
Lower Mississippi River, extending the
entire width of the river, from mile
marker (MM) 405 to MM 408, in the
vicinity of Port Gibson, MS.
(b) Period of enforcement. This
section will be enforced from 10 a.m. on
March 13, 2018 and will continue
through 7 p.m. on March 31, 2018, or
until the high-water event ceases,
whichever occurs first.
(c) Regulations. (1) In accordance with
the general regulations in § 165.23,
entry of vessels or persons into this zone
is prohibited unless specifically
authorized by the Captain of the Port
Sector Lower Mississippi River (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 Lower Mississippi River.
(2) Vessels requiring entry into this
safety zone must request permission
from the COTP or a designated
representative. To seek entry into the
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DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2018–0086]
RIN 1625–AA00
Safety Zone; Pensacola Bay,
Pensacola, FL
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing 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. This rule is necessary
to provide for the safety of life and
property on these navigable waters
during the Tall Ships Pensacola marine
event. This rule will 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.
DATES: This rule is effective from 8 a.m.
on April 12, 2018 through 8 p.m. on
April 15, 2018.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
SUMMARY:
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Federal Register / Vol. 83, No. 60 / Wednesday, March 28, 2018 / Rules and Regulations
www.regulations.gov, type USCG–2018–
0086 in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rule.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, 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:
I. Table of Abbreviations
BNM Broadcast Notice to Mariners
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
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II. Background Information and
Regulatory History
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 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, public
tours, and sailings of these tall ships. In
response, on February 22, 2018 the
Coast Guard published a notice of
proposed rulemaking (NPRM) titled
Safety Zone; Pensacola Bay, Pensacola,
FL (83 FR 7644). There we stated why
we issued the NPRM, and invited
comments on our proposed regulatory
action related to this Tall Ships
Pensacola marine event. During the
comment period that ended March 9,
2018, we received zero comments.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this rule effective less than 30
days after publication in the Federal
Register. Delaying the effective date of
this rule would be impracticable
because immediate action is needed to
respond to the potential safety hazards
associated with the Tall Ships Pensacola
Marine Event.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 33 U.S.C. 1231. The
COTP has determined that potential
hazards associated with the tall ships
during the organized parade, public
tours, and sailings of these tall ships on
April 12, 2018 through April 15, 2018
will be a safety concern for any vessels
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or persons in the vicinity of 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. This rule
is needed to protect the public,
mariners, and vessels from the potential
hazards associated with the tall ships
during the organized parade, public
tours, and sailings of these tall ships.
IV. Discussion of the Rule
As noted above, we received no
comments on our NPRM published on
February 22, 2018. There are no
substantive changes to the regulatory
text of this rule from the proposed
NPRM. There is one technical
amendment in the regulatory text of this
rule, which corrects the paragraph
numbering in § 165.T08–0086(c).
This rule establishes 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 is establishing 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. This rule is needed
to provide for the safety of life and
property on these navigable waters
during the Tall Ship Pensacola marine
event. This rule restricts transit into,
through, and within the zone unless
specifically authorized by the COTP or
a designated representative. No vessel or
person is 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 may 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.
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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 must 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 will terminate
enforcement of the safety zone at the
conclusion of the event.
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 protectors.
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
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from the requirements of Executive
Order 13771.
This regulatory action determination
is based on size, location, and duration
of the proposed rulemaking. This safety
zone will 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 will
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 rule will allow
vessels to seek permission from the
COTP or a designated representative to
enter the zone.
B. 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
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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
Directive 023–01 and Commandant
Instruction M16475.1D, which guide the
Coast Guard in complying with the
National Environmental Policy Act of
1969 (42 U.S.C. 4321–4370f), and have
determined that this action is one of a
category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule involves a safety
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13189
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.
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.
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:
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:
■
§ 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, 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 may be aboard either a Coast
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Guard or Coast Guard Auxiliary vessel.
The PATCOM may be contacted on
Channel 16 VHF–FM (156.8 MHz) by
the call sign ‘‘PATCOM’’.
(2) 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.
(3) If permission is granted, all
persons and vessels must comply with
the instructions of the COTP or
designated representative.
(4) 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 to patrol the
regulated area.
(5) 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.
(6) 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 or through an official patrol
vessel.
(7) 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.
(8) The COTP or a 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.
(9) 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.
(10) The Patrol Commander will
terminate enforcement of the safety zone
at the conclusion of the event.
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(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: March 20, 2018.
M.R. Mclellan,
Captain, U.S. Coast Guard, Captain of the
Port Sector Mobile.
[FR Doc. 2018–06127 Filed 3–27–18; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 49 and 52
[EPA–R09–OAR–2018–0133; FRL–9975–
96—Region 9]
Air Plan Revisions; Salt River PimaMaricopa Indian Community; Navajo
Nation; California; Correcting
Amendments
Environmental Protection
Agency.
ACTION: Final rule, correcting
amendment.
AGENCY:
On April 29, 2011, the
Environmental Protection Agency (EPA)
published a direct final rule in the
Federal Register redesignating a section
in the air quality planning and
management regulations for Indian
Country; and on January 17, 2012,
February 13, 2012, July 2, 2012, June 14,
2017, and June 21, 2017, the EPA
published final rules in the Federal
Register approving certain revisions to
the California State Implementation
Plan (SIP). In these final rules, the EPA
included inaccurate amendatory
instructions that have prevented
incorporation of the final actions into
the CFR. All the errors are being
corrected by this action.
DATES: This action is effective on March
28, 2018.
FOR FURTHER INFORMATION CONTACT:
Kevin Gong, EPA Region IX, (415) 972–
3073, Gong.Kevin@epa.gov.
SUPPLEMENTARY INFORMATION: This
action corrects inadvertent errors in the
amendatory instructions in final
rulemakings affecting 40 CFR parts 49
and 52. An explanation of each
correction is listed below.
SUMMARY:
Part 49—Indian County: Air Quality
Planning and Management
On April 29, 2011 (76 FR 23876), the
EPA published a direct final rule that,
among other actions, moved sections
49.22, 49.23 and 49.24 out of subpart A
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(Tribal Authority), which is intended to
include provisions relating generally to
tribal authority regardless of the EPA
Region in which a tribe is located, to
sections 49.5511, 49.5512, and 49.5513,
respectively, in subpart L
(Implementation Plans for Tribes—
Region IX) such that all implementation
plan provisions that apply specifically
to Region IX tribes are located together.
However, the action of moving section
49.22 to 49.5511 could not be done as
section 49.5511 was already in existence
at that time. In this action, the EPA is
redesignating section 49.22 in subpart A
as section 49.5515 in subpart L. The
EPA is also taking this opportunity to
add certain headings in subpart L for the
Salt River Pima-Maricopa Indian
Community and the Navajo Nation
consistent with the other tribes included
in subpart L.
Part 52—Approval and Promulgation of
Implementation Plans
On January 17, 2012 (77 FR 2228), the
EPA published a final rule approving
San Joaquin Valley Unified Air
Pollution Control District (SJVUAPCD)
Rule 4570 (Confined Animal Facilities)
as a revision to the California SIP.
However, the amendatory instruction
was inaccurate. More specifically, the
instructions for revisions to section
52.220 should have added paragraph
(c)(388)(i)(B)(6) rather than paragraph
(c)(388)(i)(B)(5), which was already in
existence codifying approval of a
different provision related to
SJVUAPCD’s rules. Thus, the approval
of the SJVUAPCD Rule 4570 could not
be incorporated into section
52.220(c)(388)(i)(B). The EPA is
correcting the amendatory instruction
for SJVUAPCD Rule 4570 in today’s
action.
On February 13, 2012 (77 FR 7536),
the EPA published a final rule
approving SJVUAPCD Rule 4612 (Motor
Vehicle and Mobile Equipment Coating
Operations) and Rule 4653 (Adhesives
and Sealants) as revisions to the
California SIP. Due to inaccurate
amendatory instructions, the approval
of the two rules could not be
incorporated into section
52.220(c)(388)(i)(B). More specifically,
the instructions for revisions to section
52.220 should have added paragraphs
(c)(388)(i)(B)(7) and (c)(388)(i)(B)(8)
rather than paragraphs (c)(388)(i)(B)(2)
and (c)(388)(i)(B)(3), which were already
in existence codifying approval of other
SJVUAPCD regulatory materials. The
EPA is correcting the amendatory
instructions for SJVUAPCD Rules 4612
and 4653 in today’s action.
On July 2, 2012 (77 FR 39181), the
EPA published a final rule approving
E:\FR\FM\28MRR1.SGM
28MRR1
]]>Agencies
[Federal Register Volume 83, Number 60 (Wednesday, March 28, 2018)]
[Rules and Regulations]
[Pages 13187-13190]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-06127]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2018-0086]
RIN 1625-AA00
Safety Zone; Pensacola Bay, Pensacola, FL
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing 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. This rule is necessary to
provide for the safety of life and property on these navigable waters
during the Tall Ships Pensacola marine event. This rule will 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.
DATES: This rule is effective from 8 a.m. on April 12, 2018 through 8
p.m. on April 15, 2018.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://
[[Page 13188]]
www.regulations.gov, type USCG-2018-0086 in the ``SEARCH'' box and
click ``SEARCH.'' Click on Open Docket Folder on the line associated
with this rule.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
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
BNM Broadcast Notice to Mariners
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 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 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, public
tours, and sailings of these tall ships. In response, on February 22,
2018 the Coast Guard published a notice of proposed rulemaking (NPRM)
titled Safety Zone; Pensacola Bay, Pensacola, FL (83 FR 7644). There we
stated why we issued the NPRM, and invited comments on our proposed
regulatory action related to this Tall Ships Pensacola marine event.
During the comment period that ended March 9, 2018, we received zero
comments.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date of
this rule would be impracticable because immediate action is needed to
respond to the potential safety hazards associated with the Tall Ships
Pensacola Marine Event.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 33 U.S.C.
1231. The COTP has determined that potential hazards associated with
the tall ships during the organized parade, public tours, and sailings
of these tall ships on April 12, 2018 through April 15, 2018 will be a
safety concern for any vessels or persons in the vicinity of 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. This rule is needed to protect the public, mariners, and
vessels from the potential hazards associated with the tall ships
during the organized parade, public tours, and sailings of these tall
ships.
IV. Discussion of the Rule
As noted above, we received no comments on our NPRM published on
February 22, 2018. There are no substantive changes to the regulatory
text of this rule from the proposed NPRM. There is one technical
amendment in the regulatory text of this rule, which corrects the
paragraph numbering in Sec. 165.T08-0086(c).
This rule establishes 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 is establishing 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. This rule is needed to provide for the safety
of life and property on these navigable waters during the Tall Ship
Pensacola marine event. This rule restricts transit into, through, and
within the zone unless specifically authorized by the COTP or a
designated representative. No vessel or person is 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 may 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 must 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 will
terminate enforcement of the safety zone at the conclusion of the
event.
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 protectors.
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
[[Page 13189]]
from the requirements of Executive Order 13771.
This regulatory action determination is based on size, location,
and duration of the proposed rulemaking. This safety zone will 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
will 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 rule will allow vessels to
seek permission from the COTP or a designated representative to enter
the zone.
B. 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
Directive 023-01 and Commandant Instruction M16475.1D, which guide the
Coast Guard in complying with the National Environmental Policy Act of
1969 (42 U.S.C. 4321-4370f), and have determined that this action is
one of a category of actions that do not individually or cumulatively
have a significant effect on the human 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.
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.
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:
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, 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 may be
aboard either a Coast
[[Page 13190]]
Guard or Coast Guard Auxiliary vessel. The PATCOM may be contacted on
Channel 16 VHF-FM (156.8 MHz) by the call sign ``PATCOM''.
(2) 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.
(3) If permission is granted, all persons and vessels must comply
with the instructions of the COTP or designated representative.
(4) 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 to patrol the regulated area.
(5) 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.
(6) 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 or through an official patrol vessel.
(7) 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.
(8) The COTP or a 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.
(9) 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.
(10) The Patrol Commander will terminate enforcement of the safety
zone 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: March 20, 2018.
M.R. Mclellan,
Captain, U.S. Coast Guard, Captain of the Port Sector Mobile.
[FR Doc. 2018-06127 Filed 3-27-18; 8:45 am]
BILLING CODE 9110-04-P
