Special Local Regulation; Pensacola Bay, Pensacola, FL, 17489-17492 [2018-08314]

Download as PDF Federal Register / Vol. 83, No. 77 / Friday, April 20, 2018 / Rules and Regulations upon requestors to be as specific as possible concerning the nature and relevance of the official information sought, the Department believes that the eliminated sentence is unnecessary. In § 172.5(c), the Department replaces the reference to ‘‘§ 172.2’’ to refer instead to § 172.4, which is the proper section about the Department officials designated to render such decisions. The Department changes ‘‘Respectively’’ to ‘‘Respectfully’’ in § 172.6(a)(4), so that the sentence makes more sense and also conforms with the wording of § 172.6(b), which uses ‘‘respectfully’’ in a similar manner. Finally, the Department corrects an office symbol in § 172.2. sradovich on DSK3GMQ082PROD with RULES Regulatory Analyses The Department of State is publishing this rulemaking as a final rule, pursuant to 5 U.S.C. 553(b). This rulemaking is a rule of agency organization, procedure, or practice. The effective date of the rule is 30 days after publication, as provided in the Administrative Procedure Act. The Department further finds that this is not a major rule; is not subject to the Unfunded Mandates Reform Act of 1995; will not have tribal implications as defined by Executive Order 13175; and will not have an impact on a substantial number of small entities under the Regulatory Flexibility Act. This rule is not an economically significant rule under Executive Order 12866, and the Department certifies that the benefits of this rulemaking outweigh any costs, which are minimal for the public. The Office of Information and Regulatory Affairs has designated this rule as ‘‘non-significant’’ as defined by Executive Order 12866. This rule is not an E.O. 13771 regulatory action because this rule is not significant under E.O. 12866. The Department of State has reviewed this rule in light of Executive Order 12988 to eliminate ambiguity, minimize litigation, establish clear legal standards, and reduce burden. This rule will not have substantial direct effect on the states, on the relationships between the national government and the states, or on the distribution of power and responsibilities among the various levels of government. Therefore, in accordance with Executive Order 13132, it is determined that this rule does not have sufficient federalism implications to require consultations or warrant the preparation of a federalism summary impact statement. The rulemaking does not impose any new information collections subject to the Paperwork Reduction Act. VerDate Sep<11>2014 15:57 Apr 19, 2018 Jkt 244001 List of Subjects in 22 CFR Part 172 Administrative practice and procedure, Courts, Government employees. 17489 DEPARTMENT OF HOMELAND SECURITY Coast Guard For the reasons set forth in the preamble, 22 CFR part 172 is amended as follows: 33 CFR Part 100 PART 172—SERVICE OF PROCESS; PRODUCTION OR DISCLOSURE OF OFFICIAL INFORMATION IN RESPONSE TO COURT ORDERS, SUBPOENAS, NOTICES OF DEPOSITIONS, REQUESTS FOR ADMISSIONS, INTERROGATORIES, OR SIMILAR REQUESTS OR DEMANDS IN CONNECTION WITH FEDERAL OR STATE LITIGATION; EXPERT TESTIMONY Special Local Regulation; Pensacola Bay, Pensacola, FL 1. The authority citation for part 172 is revised to read as follows: ■ Authority: 5 U.S.C. 301; 8 U.S.C. 1202(f); 22 U.S.C. 2651a, 2664, 3926. § 172.1 [Amended] 2. In § 172.1(e), remove the phrase ‘‘Executive Order 12356 on national security information (3 CFR, 1982 Comp., p. 166)’’, and add in its place, ‘‘Executive Order 13526 (3 CFR, 2009 Comp., p. 298)’’. ■ § 172.2 [Amended] 3. In § 172.2: ■ a. Remove the phrase ‘‘L/EX’’ and add in its place ‘‘L/H–EX’’, wherever it occurs. ■ b. In the first sentence of paragraph (c), remove the citation ‘‘and 173.3(c)’’ and add in its place ‘‘and 172.3(c)’’. ■ § 172.5 [Amended] 4. In § 172.5: a. Remove the second sentence of paragraph (a). ■ b. In paragraph (c), remove the citation ‘‘§ 172.2’’ and add in its place ‘‘§ 172.4’’. ■ ■ § 172.6 [Amended] 5. In § 172.6(a)(4), remove ‘‘Respectively’’ and add in its place ‘‘Respectfully’’. ■ Dated: April 9, 2018. Alicia Frechette, Executive Director, Office of the Legal Adviser and Bureau of Legislative Affairs. [FR Doc. 2018–08277 Filed 4–19–18; 8:45 am] BILLING CODE 4710–10–P PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 [Docket Number USCG–2018–0103] RIN 1625–AA08 Coast Guard, DHS. Temporary final rule. AGENCY: ACTION: The Coast Guard is establishing a temporary special local regulation on Pensacola Bay in Pensacola, FL. This action is necessary to protect the persons participating in the Pensacola Triathlon marine event. This regulation restricts transit into, through, and within the regulated area unless authorized by the Captain of the Port Sector Mobile (COTP) or a designated representative. DATES: This rule is effective from 4 a.m. through 10 a.m. April 29, 2018. ADDRESSES: To view documents mentioned in this preamble as being available in the docket, go to http:// www.regulations.gov, type USCG–2018– 0103 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 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: SUMMARY: I. Table of Abbreviations CFR Code of Federal Regulations COTP Captain of the Port Sector Mobile DHS Department of Homeland Security FR Federal Register NPRM Notice of proposed rulemaking PATCOM Patrol Commander § Section U.S.C. United States Code II. Background Information and Regulatory History On January 16, 2018, the Pensacola Triathlon notified the Coast Guard that it would be conducting the swim portion of the race in the vicinity of the Vince J. Whibbs Sr. Community Maritime Park in Pensacola, FL. In response, on March 6, 2018, the Coast Guard published a notice of proposed rulemaking (NPRM) titled Special Local Regulation; Pensacola Bay, Pensacola, FL (83 FR 9454). There we stated why we issued the NPRM, and invited E:\FR\FM\20APR1.SGM 20APR1 17490 Federal Register / Vol. 83, No. 77 / Friday, April 20, 2018 / Rules and Regulations comments on our proposed regulatory action related to this triathlon event. During the comment period that ended April 5, 2018, we received four 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 is impracticable and contrary to public interest because it would delay the safety measures necessary to respond to potential safety hazards associated with this marine event. Immediate action is needed protect participants, spectators, and other persons and vessels during the triathlon event on these navigable waters. sradovich on DSK3GMQ082PROD with RULES III. Legal Authority and Need for Rule The Coast Guard is issuing this rule under authority in 33 U.S.C. 1233. The Captain of the Port Sector Mobile (COTP) has determined that potential hazards associated with the Pensacola Triathlon marine event on April 29, 2018 will be a safety concern for any vessels or persons within 300 yards of the Pensacola Triathlon. The purpose of this rule is to protect participants, spectators, and other persons and vessels during the Triathlon event on navigable waters. IV. Discussion of the Rule As noted above, we received four comments on our NPRM published on March 6, 2018. Two of the four commenters supported the rulemaking. Another commenter opposed regulatory action generally without making remarks specific to this rulemaking, and the last comment was not related to the subject matter of this rulemaking at all. There are no changes in the regulatory text of this rule from the proposed rule in the NPRM. This rule establishes temporary special local regulation from 4 a.m. through 10 a.m. on April 29, 2018. The regulated area will cover a 300 yard radius from position 30°24′16.4″ N, 87°12′55.2″ W in Pensacola Bay, Pensacola, FL. The duration of this special local regulation is intended to ensure the safety of vessels and persons before, during, and after the Pensacola Triathlon marine event. No vessel or person is permitted to enter the regulated area 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 Patrol Commander may be contacted on Channel 16 VHF–FM (156.8 MHz) by VerDate Sep<11>2014 15:57 Apr 19, 2018 Jkt 244001 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 to patrol the regulated area. 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 shall be operated at a minimum safe navigation speed in a manner that will not endanger participants in the regulated area or any other vessels. 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. 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. 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. 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. The COTP or a designated representative can terminate enforcement of the special local regulations 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 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 PO 00000 Frm 00014 Fmt 4700 Sfmt 4700 necessary, to select regulatory approaches that maximize net benefits. Executive Order 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. This rule has not been designated a ‘‘significant regulatory action,’’ under Executive Order 12866. Accordingly, it has not been reviewed by the Office of Management and Budget. This regulatory action determination is based on size, location, and duration of the special local regulation. The regulated area is a small area of Pensacola Bay extending in a 300 yard radius from position 30°24′16.4″ N, 87°12′55.2″ W, lasting only 6 hours on one day. Additionally, the Coast Guard will issue Broadcast Notices to Mariners (BNMs) via VHF–FM marine channel 16 about the regulation so that waterway users may plan accordingly for transits during this restriction. The rule also allows vessels to seek permission from the COTP or a designated representative to enter the regulated area. 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 received no comments from the Small Business Administration on this rulemaking. 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 regulated area 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 E:\FR\FM\20APR1.SGM 20APR1 Federal Register / Vol. 83, No. 77 / Friday, April 20, 2018 / Rules and Regulations 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). sradovich on DSK3GMQ082PROD with RULES 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 an expenditure, we do discuss the effects of this rule elsewhere in this preamble. VerDate Sep<11>2014 15:57 Apr 19, 2018 Jkt 244001 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 special local regulation on Pensacola Bay extending in a 300 yard radius from position 30°24′16.4″ N, 87°12′55.2″ W in Pensacola, FL. It is categorically excluded from further review under paragraph L61 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 in 33 CFR Part 100 Marine safety, Navigation (water), Reporting and recordkeeping requirements, Waterways. For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 100 as follows: PART 100—SAFETY OF LIFE ON NAVIGABLE WATERS 1. The authority citation for part 100 continues to read as follows: ■ Authority: 33 U.S.C. 1233; 33 CFR 1.05–1. 2. Add § 100.35T08–0103 to read as follows: ■ § 100.35T08–0103 Special Local Regulation; Pensacola Bay, Pensacola, FL. (a) Regulated area. All navigable waters of Pensacola Bay extending in a 300 yard radius from position 30°24′16.4″ N, 87°12′55.2″ W in Pensacola, FL. (b) Enforcement period. This section will be enforced from 4 a.m. through 10 a.m. on April 29, 2018. (c) Special local regulations. (1) In accordance with the general regulations in § 100.801 of this part, entry into, transit within or through, or exit from PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 17491 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 Guard or Coast Guard Auxiliary vessel. The Patrol Commander may be contacted on Channel 16 VHF–FM (156.8 MHz) by the call sign ‘‘PATCOM’’. (2) 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 to patrol the regulated area. (3) 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 which will not endanger participants in the regulated area or any other vessels. (4) 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. (5) 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. (6) 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. (7) 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. (8) The COTP or a designated representative will terminate enforcement of the special local regulations at the conclusion of the event. E:\FR\FM\20APR1.SGM 20APR1 17492 Federal Register / Vol. 83, No. 77 / Friday, April 20, 2018 / Rules and Regulations (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 special local regulation as well as any changes in the planned schedule. Dated: April 16, 2018. M.R. Mclellan, Captain, U.S. Coast Guard, Captain of the Port Sector Mobile. [FR Doc. 2018–08314 Filed 4–19–18; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [Docket No. USCG–2018–0342] Drawbridge Operation Regulation; Atlantic Intracoastal Waterway, Palm Beach, FL Coast Guard, DHS. Notice of deviation from drawbridge regulation. AGENCY: ACTION: The Coast Guard has issued a temporary deviation from the operating schedule that governs the Southern Boulevard (SR 700/80) Bridge across the Atlantic Intracoastal Waterway, mile 1024.7, at Palm Beach, FL. The deviation is necessary to accommodate the installation of a temporary lift bridge. This deviation allows the bridge to remain closed to navigation with openings when advanced notice is given during the temporary lift bridge installation. DATES: This deviation is effective without actual notice from April 20, 2018 through 6 p.m. on April 30, 2018. For the purposes of enforcement, actual notice will be used from 7 a.m. on April 10, 2018, until April 20, 2018. ADDRESSES: The docket for this deviation, USCG–2018–0342 is available at http://www.regulations.gov. Type the docket number in the ‘‘SEARCH’’ box and click ‘‘SEARCH’’. Click on Open Docket Folder on the line associated with this deviation. FOR FURTHER INFORMATION CONTACT: If you have questions on this temporary deviation, call or email LT Ruth Sadowitz, U.S. Coast Guard Sector Miami, Waterways Management Division; telephone 305–535–4307, email ruth.a.sadowitz@uscg.mil. SUPPLEMENTARY INFORMATION: Johnson Bros. Corporation, on behalf of the bridge owner, Florida Department of Transportation, has requested a sradovich on DSK3GMQ082PROD with RULES SUMMARY: VerDate Sep<11>2014 15:57 Apr 19, 2018 Jkt 244001 temporary deviation from the current operating regulation that governs the Southern Boulevard (SR 700/80) Bridge across the Atlantic Intracoastal Waterway, mile 1024.7, at Palm Beach, FL. The deviation is necessary to facilitate the installation of a temporary lift bridge adjacent to the existing bascule bridge, which will be used during the bridge replacement of the Southern Boulevard Bridge. The existing bridge is a double-leaf bascule bridge with a vertical clearance of 14 feet at mean high water in the closed to navigation position. The temporary lift bridge will have a vertical clearance of 14 feet in the closed position and 65 feet in the lifted position at mean high water. The existing bridge operating regulation is set out in 33 CFR 117.261(w). Under this temporary deviation, the bridge will remain in the closed to navigation position from 7 a.m. on April 10, 2018 through 6 p.m. on April 16, 2018. From 6:01 p.m. on April 16, 2018 through 6 p.m. on April 30, 2018, both the existing bascule bridge and the temporary lift bridge will open with a four (4) hour advanced notice to the bridge tender. The vertical clearance will be reduced to 65 feet until the completion of the bridge replacement project. The Atlantic Intracoastal Waterway is used by a variety of vessels including U.S. government vessels, small commercial vessels, recreational vessels and tugs and barge traffic. The Coast Guard has carefully considered the restrictions with waterway users in publishing this temporary deviation. For the duration of the temporary lift bridge installation, 7 a.m. on April 10, 2018 through 6 p.m. on April 16, 2018, vessels will not be allowed to pass through the bridge for safety reasons. From 6:01 p.m. on April 16, 2018 through 6 p.m. on April 30, 2018, vessels able to pass through the bridge in the closed position may do so at any time. The bridge will not be able to open for emergencies and there is no immediate alternate route for vessels to pass. The Coast Guard will also inform the users of the waterways through our Local and Broadcast Notices to Mariners of the change in operating schedule for the bridge so that vessel operators can arrange their transits to minimize any impact caused by the temporary deviation. In accordance with 33 CFR 117.35(e), the drawbridge must return to its regular operating schedule immediately at the end of the effective period of this temporary deviation. This deviation PO 00000 Frm 00016 Fmt 4700 Sfmt 4700 from the operating regulations is authorized under 33 CFR 117.35. Barry L. Dragon, Director, Bridge Branch, Seventh Coast Guard District. [FR Doc. 2018–08260 Filed 4–19–18; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [Docket No. USCG–2018–0199] Drawbridge Operation Regulation; Willamette River, Portland, OR Coast Guard, DHS. Notice of deviation from drawbridge regulation. AGENCY: ACTION: The Coast Guard has issued a temporary deviation from the operating schedule that governs the Broadway Bridge across the Willamette River, mile 11.7, at Portland, OR. The deviation is necessary to accommodate the Portland Race for the Roses event. This deviation allows the bridge to remain in the closed-to-navigation position to facilitate the safe movement of event participants across the bridge. DATES: This deviation is effective from 5 a.m. to Noon on April 29, 2018. ADDRESSES: The docket for this deviation, USCG–2018–0199, is available at http://www.regulations.gov. Type the docket number in the ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ Click on Open Docket Folder on the line associated with this deviation. FOR FURTHER INFORMATION CONTACT: If you have questions on this temporary deviation, call or email Mr. Steven Fischer, Bridge Administrator, Thirteenth Coast Guard District; telephone 206–220–7282, email Steven.M.Fischer@uscg.mil. SUPPLEMENTARY INFORMATION: Multnomah County, the bridge owner, requested the Broadway Bridge be allowed to remain in closed-tonavigation position to vessel traffic to facilitate the safe, uninterrupted roadway passage of participants in the Portland Race for the Roses event. The Broadway Bridge crosses the Willamette River at mile 11.7, and provides 90 feet of vertical clearance above Columbia River Datum 0.0 while in the closed-tonavigation position. This bridge operates in accordance with 33 CFR 117.897. This deviation allows the Broadway Bridge to not open to marine vessels from 5 a.m. to Noon (12 p.m.) on SUMMARY: E:\FR\FM\20APR1.SGM 20APR1

Agencies

[Federal Register Volume 83, Number 77 (Friday, April 20, 2018)]
[Rules and Regulations]
[Pages 17489-17492]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-08314]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2018-0103]
RIN 1625-AA08


Special Local Regulation; Pensacola Bay, Pensacola, FL

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing a temporary special local 
regulation on Pensacola Bay in Pensacola, FL. This action is necessary 
to protect the persons participating in the Pensacola Triathlon marine 
event. This regulation restricts transit into, through, and within the 
regulated area unless authorized by the Captain of the Port Sector 
Mobile (COTP) or a designated representative.

DATES: This rule is effective from 4 a.m. through 10 a.m. April 29, 
2018.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2018-0103 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 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
NPRM Notice of proposed rulemaking
PATCOM Patrol Commander
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    On January 16, 2018, the Pensacola Triathlon notified the Coast 
Guard that it would be conducting the swim portion of the race in the 
vicinity of the Vince J. Whibbs Sr. Community Maritime Park in 
Pensacola, FL. In response, on March 6, 2018, the Coast Guard published 
a notice of proposed rulemaking (NPRM) titled Special Local Regulation; 
Pensacola Bay, Pensacola, FL (83 FR 9454). There we stated why we 
issued the NPRM, and invited

[[Page 17490]]

comments on our proposed regulatory action related to this triathlon 
event. During the comment period that ended April 5, 2018, we received 
four 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 is impracticable and contrary to public interest because it 
would delay the safety measures necessary to respond to potential 
safety hazards associated with this marine event. Immediate action is 
needed protect participants, spectators, and other persons and vessels 
during the triathlon event on these navigable waters.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1233. The Captain of the Port Sector Mobile (COTP) has determined that 
potential hazards associated with the Pensacola Triathlon marine event 
on April 29, 2018 will be a safety concern for any vessels or persons 
within 300 yards of the Pensacola Triathlon. The purpose of this rule 
is to protect participants, spectators, and other persons and vessels 
during the Triathlon event on navigable waters.

IV. Discussion of the Rule

    As noted above, we received four comments on our NPRM published on 
March 6, 2018. Two of the four commenters supported the rulemaking. 
Another commenter opposed regulatory action generally without making 
remarks specific to this rulemaking, and the last comment was not 
related to the subject matter of this rulemaking at all. There are no 
changes in the regulatory text of this rule from the proposed rule in 
the NPRM.
    This rule establishes temporary special local regulation from 4 
a.m. through 10 a.m. on April 29, 2018. The regulated area will cover a 
300 yard radius from position 30[deg]24'16.4'' N, 87[deg]12'55.2'' W in 
Pensacola Bay, Pensacola, FL. The duration of this special local 
regulation is intended to ensure the safety of vessels and persons 
before, during, and after the Pensacola Triathlon marine event. No 
vessel or person is permitted to enter the regulated area 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 Patrol Commander 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 to patrol the regulated area.
    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 shall be operated at a minimum safe 
navigation speed in a manner that will not endanger participants in the 
regulated area or any other vessels. 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. 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.
    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.
    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. The COTP or a designated representative 
can terminate enforcement of the special local regulations 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 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 13563 emphasizes the importance of 
quantifying both costs and benefits, of reducing costs, of harmonizing 
rules, and of promoting flexibility. This rule has not been designated 
a ``significant regulatory action,'' under Executive Order 12866. 
Accordingly, it has not been reviewed by the Office of Management and 
Budget.
    This regulatory action determination is based on size, location, 
and duration of the special local regulation. The regulated area is a 
small area of Pensacola Bay extending in a 300 yard radius from 
position 30[deg]24'16.4'' N, 87[deg]12'55.2'' W, lasting only 6 hours 
on one day. Additionally, the Coast Guard will issue Broadcast Notices 
to Mariners (BNMs) via VHF-FM marine channel 16 about the regulation so 
that waterway users may plan accordingly for transits during this 
restriction. The rule also allows vessels to seek permission from the 
COTP or a designated representative to enter the regulated area.

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 received no comments from the Small Business 
Administration on this rulemaking. 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 
regulated area 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

[[Page 17491]]

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 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 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 
special local regulation on Pensacola Bay extending in a 300 yard 
radius from position 30[deg]24'16.4'' N, 87[deg]12'55.2'' W in 
Pensacola, FL. It is categorically excluded from further review under 
paragraph L61 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 in 33 CFR Part 100

    Marine safety, Navigation (water), Reporting and recordkeeping 
requirements, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 100 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

0
1. The authority citation for part 100 continues to read as follows:

    Authority: 33 U.S.C. 1233; 33 CFR 1.05-1.

0
2. Add Sec.  100.35T08-0103 to read as follows:


Sec.  100.35T08-0103   Special Local Regulation; Pensacola Bay, 
Pensacola, FL.

    (a) Regulated area. All navigable waters of Pensacola Bay extending 
in a 300 yard radius from position 30[deg]24'16.4'' N, 87[deg]12'55.2'' 
W in Pensacola, FL.
    (b) Enforcement period. This section will be enforced from 4 a.m. 
through 10 a.m. on April 29, 2018.
    (c) Special local regulations. (1) In accordance with the general 
regulations in Sec.  100.801 of this part, entry into, transit within 
or through, or exit 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 Guard or Coast Guard 
Auxiliary vessel. The Patrol Commander may be contacted on Channel 16 
VHF-FM (156.8 MHz) by the call sign ``PATCOM''.
    (2) 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 to patrol the regulated area.
    (3) 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 which will not endanger participants in 
the regulated area or any other vessels.
    (4) 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.
    (5) 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.
    (6) 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.
    (7) 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.
    (8) The COTP or a designated representative will terminate 
enforcement of the special local regulations at the conclusion of the 
event.

[[Page 17492]]

    (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 special local 
regulation as well as any changes in the planned schedule.

    Dated: April 16, 2018.
M.R. Mclellan,
Captain, U.S. Coast Guard, Captain of the Port Sector Mobile.
[FR Doc. 2018-08314 Filed 4-19-18; 8:45 am]
 BILLING CODE 9110-04-P