Special Local Regulation; Pensacola Bay, Pensacola, FL, 17489-17492 [2018-08314]
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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.
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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.
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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]
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[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 https://
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
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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.
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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
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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
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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
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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).
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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.
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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
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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.
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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
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 https://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
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SUMMARY:
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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
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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 https://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:
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]]>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.
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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 https://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
