Safety Zone; Unexploded Ordnance Detonation, Gulf of Mexico,Pensacola, FL, 29011-29013 [2018-13433]
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Federal Register / Vol. 83, No. 121 / Friday, June 22, 2018 / Rules and Regulations
District Commander‘s designated
representative.
(iii) During periods of enforcement,
any vessel or person transiting through
the safety zone must comply with all
orders and directions from the District
Commander or the District
Commander’s designated representative.
(d) Enforcement periods. This section
will be subject to enforcement from
noon on June 12, 2018, to 11:59 p.m. on
June 17, 2018; from 6 a.m. on July 15,
2018, to 11:59 p.m. on July 28, 2018,
and at other times during the effective
period of this rule when the COTP New
York issues a notice of enforcement to
be published in the Federal Register. In
addition the COTP New York will
provide notice by Broadcast Notice to
Mariners, Local Notice to Mariners, or
both, to announce whenever this section
is subject to enforcement or whenever
an announced enforcement period will
be suspended. Violations of this
regulation may be reported to the COTP
New York at (718) 354–4353 or on VHFChannel 16.
Dated: June 12, 2018.
A.J. Tiongson,
Rear Admiral, U.S. Coast Guard, Commander,
First Coast Guard District.
[FR Doc. 2018–13441 Filed 6–21–18; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2018–0531]
RIN 1625–AA00
Safety Zone; Unexploded Ordnance
Detonation, Gulf of Mexico,
Pensacola, FL
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone for
certain navigable waters of the Gulf of
Mexico near Fort Pickens in Pensacola,
FL. This temporary safety zone is
necessary to protect persons, vessels,
and the marine environment from
potential hazards associated with the
detonation of unexploded ordnance.
Entry into this zone is prohibited to all
vessels and persons unless authorized
by the Captain of the Port Sector Mobile
or a designated representative.
DATES: This rule is effective without
actual notice from June 22, 2018
through June 30, 2018. For purposes of
enforcement, actual notice will be used
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SUMMARY:
VerDate Sep<11>2014
16:09 Jun 21, 2018
Jkt 244001
from June 14, 2018 through June 22,
2018.
To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2018–
0531 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.
ADDRESSES:
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
§ Section
U.S.C. United States Code
II. Background Information and
Regulatory History
The Coast Guard is issuing this
temporary final rule without prior
notice and opportunity to comment
pursuant to authority under section 4(a)
of the Administrative Procedure Act
(APA) (5 U.S.C. 553(b)). This provision
authorizes an agency to issue a rule
without prior notice and opportunity to
comment when the agency for good
cause finds that those procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ Under 5 U.S.C.
553(b)(3)(B), the Coast Guard finds that
good cause exists for not publishing a
notice of proposed rulemaking (NPRM)
with respect to this rule because it is
impracticable and contrary to the public
interest. It is impracticable to publish an
NPRM because we must enforce this
safety zone starting June 14, 2018 and
lack sufficient time to provide a
reasonable comment period and then
consider those comments before issuing
the rule. It is also contrary to the public
interest as it would delay the safety
measures necessary to protect persons,
vessels, and the marine environment
from the potential hazards associated
with the detonation of unexploded
ordnance.
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 contrary to public interest
because it would delay the safety
measures necessary to protect persons,
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29011
vessels, and the marine environment
from the potential hazards associated
with the detonation of unexploded
ordnance.
The United States Army Corps of
Engineers is conducting a Remedial
Investigation/Feasibility Study for the
Fort Pickens Munitions Response Site
01—Range Complex, located in
Escambia County, Florida. The site,
which is located along the western tip
of Santa Rosa Island and extends south
into the Gulf of Mexico, was used for
coastal defense from before the Civil
War until after World War II. There is
a potential that the marine investigation
may encounter munitions that will
require in-water detonation to address
potential explosive hazards. The safety
zone will encompass a 1,000 yard
square area detonation area surrounded
by a 1,200 yard buffer area. The United
States Army Corps of Engineers will be
responsible for the detonation of
ordnance within the safety zone.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 33 U.S.C. 1231. The
Captain of the Port Sector Mobile
(COTP) has determined that potential
hazards associated with the detonation
of unexploded ordnance beginning on
June 14, 2018 will be a safety concern
for any vessels or persons on the Gulf
of Mexico near Fort Pickens in
Pensacola, FL. This rule is necessary to
protect persons, vessels, and the marine
environment from the potential hazards
associated with the detonation of
unexploded ordnance.
IV. Discussion of the Rule
This rule establishes a temporary
safety zone from June 14, 2018 through
June 30, 2018. The safety zone will
cover all navigable waters of the Gulf of
Mexico within the approximate
positions 30°17′47.65″ N, 87°21′36.5″ W;
30°17′47.65″ N, 87°19′39.8″ W;
30°16′6.35″ N, 87°19′39.8″ W; and
30°16′6.35″ N, 87°21′36.5″ W near Fort
Pickens in Pensacola, FL. The safety
zone will encompass a 1,000 yard
square area detonation area surrounded
by a 1,200 yard buffer area. A chart
depicting the area is included in the
docket where indicated under
ADDRESSES.
The duration of this safety zone is
intended to protect persons, vessels, and
the marine environment, and will only
be enforced if and when the detonation
of unexploded ordnance is necessary.
No person or vessel will be permitted to
enter or transit within the safety zone
during periods of enforcement unless
authorized by the COTP or a designated
representative. The periods of
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Federal Register / Vol. 83, No. 121 / Friday, June 22, 2018 / Rules and Regulations
enforcement will be one hour prior to,
during, and after any ordnance
exploding operations. The Coast Guard
was informed that the operations would
take place during daylight hours only. A
law enforcement vessel will coordinate
all vessel traffic during the enforcement
periods. The COTP or a designated
representative will inform the public
through Broadcast Notices to Mariners
(BNMs), Local Notices to Mariners
(LNMs), and/or Marine Safety
Information Bulletins (MSIBs) at least 3
hours in advance of each enforcement
period.
Entry into the temporary safety zone
is prohibited unless authorized by the
COTP or a designated representative. A
designated representative is a
commissioned, warrant, or petty officer
of the U.S. Coast Guard assigned to
units under the operational control of
USCG Sector Mobile. Vessels requiring
entry into this safety zone must request
permission from the COTP or a
designated representative. They may be
contacted on VHF–FM channel 16 or by
telephone at 251–441–5976. The COTP
or a designated representative will
inform the public of the enforcement
periods of this safety zone through
BNMs, LNMs, and/or MSIBs as
appropriate.
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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
from the requirements of Executive
Order 13771.
This regulatory determination is
based on the size, location, and duration
of the temporary safety zone. Vessel
traffic will be able to safely transit
around this safety zone which would
impact a small designated area of the
Gulf of Mexico only as necessary for the
detonation of ordnance during a two
VerDate Sep<11>2014
16:09 Jun 21, 2018
Jkt 244001
and half week period. Moreover, the
Coast Guard will issue a BNMs via
VHF–FM marine channel 16 about the
zone, and the rule allows vessels to seek
permission to enter the zone.
B. Impact on Small Entities
The Regulatory Flexibility Act of
1980, 5 U.S.C. 601–612, as amended,
requires Federal agencies to consider
the potential impact of regulations on
small entities during rulemaking. The
term ‘‘small entities’’ comprises small
businesses, not-for-profit organizations
that are independently owned and
operated and are not dominant in their
fields, and governmental jurisdictions
with populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C.
605(b) that this 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
temporary 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).
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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 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
temporary safety zone that will prohibit
entry on a small designated area of the
Gulf of Mexico near Fort Pickens in
Pensacola, FL only as necessary for the
detonation of ordnance. It is
categorically excluded from further
review under paragraph L60(a) of
Appendix A, Table 1 of DHS Instruction
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Federal Register / Vol. 83, No. 121 / Friday, June 22, 2018 / Rules and Regulations
Manual 023–01–001–01, Rev.01. A
Record of Environmental Consideration
supporting this determination is
available in the docket where indicated
under ADDRESSES.
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to contact the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
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.
BILLING CODE 9110–04–P
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§ 165.T08–0531 Safety Zone; Unexploded
Ordnance Detonation, Gulf of Mexico,
Pensacola, FL.
(a) Location. The following area is a
safety zone: All navigable waters on the
Gulf of Mexico within the approximate
positions 30°17′47.65″ N, 87°21′36.5″ W;
30°17′47.65″ N, 87°19′39.8″ W;
30°16′6.35″ N, 87°19′39.8″ W; and
30°16′6.35″ N, 87°21′36.5″ W near Fort
Pickens in Pensacola, FL.
(b) Effective dates. This section is
effective without actual notice from
June 22, 2018 through June 30, 2018.
For purposes of enforcement, actual
notice will be used from June 14, 2018
through June 22, 2018.
(c) Enforcement periods. This section
will be enforced during the effective
period one hour prior to, during, and
after any ordnance exploding
operations. The operations will take
place during daylight hours only. The
Captain of the Port Sector Mobile
(COTP) or a designated representative
will inform the public through
Broadcast Notices to Mariners (BNMs),
Local Notices to Mariners (LNMs), and/
or Marine Safety Information Bulletins
(MSIBs) at least 3 hours in advance of
each enforcement period. A law
16:09 Jun 21, 2018
Jkt 244001
Dated: June 6, 2018.
M.R. McLellan,
Captain, U.S. Coast Guard, Captain of the
Port Sector Mobile.
[FR Doc. 2018–13433 Filed 6–21–18; 8:45 am]
2. Add § 165.T08–0531 to read as
follows:
■
VerDate Sep<11>2014
enforcement vessel will coordinate all
vessel traffic during the enforcement
periods.
(d) Regulations. (1) In accordance
with the general regulations in § 165.23,
entry into this zone is prohibited unless
authorized by the COTP or a designated
representative. A designated
representative is a commissioned,
warrant, or petty officer of the U.S.
Coast Guard assigned to units under the
operational control of USCG Sector
Mobile.
(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 channel 16 or by
telephone at 251–441–5976.
(3) Persons and vessels permitted to
enter this safety zone must transit at
their slowest safe speed and comply
with all lawful directions issued by the
COTP or the designated representative.
(e) Informational broadcasts. The
COTP or a designated representative
will inform the public of the
enforcement periods of this safety zone
through BNMs, LNMs, and/or MSIBs as
appropriate.
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 170
[EPA–HQ–OPP–2011–0184; FRL–9979–50]
RIN 2070–AJ22
Pesticides; Agricultural Worker
Protection Standard; Notification of
Availability
Environmental Protection
Agency (EPA).
ACTION: Notification of availability.
AGENCY:
EPA is announcing the
availability of training materials
covering the expanded training content
required by the Federal Insecticide,
Fungicide and Rodenticide Act Worker
Protection Standard (WPS) for both
agricultural workers and pesticide
handlers. The publication of this
notification of availability triggers the
WPS requirement that training programs
must include all of the topics specified
in the 2015 revisions to the WPS.
DATES: Training programs must include
all of the topics specified in 40 CFR
SUMMARY:
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29013
170.401(c)(3)(i)–(xxiii) and
170.501(c)(3)(i)–(xiv) no later than
December 19, 2018.
EPA
is not requesting, and does not expect to
receive, comments on this notification
of availability. Questions should be
directed to: Jennifer Park, Field and
External Affairs Division (7506P), Office
of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania
Ave. NW, Washington, DC 20460–0001;
telephone number: (703) 347–0121;
email address: Park.Jennifer@epa.gov.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
I. General Information
A. Does this action apply to me?
You may be potentially affected by
this action if you work in or employ
persons working in crop production
agriculture where pesticides are
applied. The following list of North
American Industrial Classification
System (NAICS) codes is not intended
to be exhaustive, but rather provides a
guide to help readers determine whether
this document applies to them.
Potentially affected entities may
include:
• Agricultural Establishments (NAICS
code 111000), e.g., establishments or
persons, such as farms, orchards, groves,
greenhouses, and nurseries, primarily
engaged in growing crops, plants, vines,
or trees and their seeds.
• Nursery and Tree Production
(NAICS code 111421), e.g.,
establishments or persons primarily
engaged in (1) growing nursery
products, nursery stock, shrubbery,
bulbs, fruit stock, sod, and so forth,
under cover or in open fields and/or (2)
growing short rotation woody trees with
a growth and harvest cycle of 10 years
or less for pulp or tree stock.
• Timber Tract Operations (NAICS
code 113110), e.g., establishments or
persons primarily engaged in the
operation of timber tracts for the
purpose of selling standing timber.
• Forest Nurseries and Gathering of
Forest Products (NAICS code 113210),
e.g., establishments or persons primarily
engaged in (1) growing trees for
reforestation and/or (2) gathering forest
products, such as gums, barks, balsam
needles, rhizomes, fibers, Spanish moss,
ginseng, and truffles.
• Farm Workers (NAICS codes 11511,
115112, and 115114), e.g.,
establishments or persons primarily
engaged in providing support activities
for growing crops; establishments or
persons primarily engaged in
performing a soil preparation activity or
crop production service, such as
plowing, fertilizing, seed bed
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]]>Agencies
[Federal Register Volume 83, Number 121 (Friday, June 22, 2018)]
[Rules and Regulations]
[Pages 29011-29013]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-13433]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2018-0531]
RIN 1625-AA00
Safety Zone; Unexploded Ordnance Detonation, Gulf of Mexico,
Pensacola, FL
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone for
certain navigable waters of the Gulf of Mexico near Fort Pickens in
Pensacola, FL. This temporary safety zone is necessary to protect
persons, vessels, and the marine environment from potential hazards
associated with the detonation of unexploded ordnance. Entry into this
zone is prohibited to all vessels and persons unless authorized by the
Captain of the Port Sector Mobile or a designated representative.
DATES: This rule is effective without actual notice from June 22, 2018
through June 30, 2018. For purposes of enforcement, actual notice will
be used from June 14, 2018 through June 22, 2018.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2018-0531 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
CFR Code of Federal Regulations
COTP Captain of the Port Sector Mobile
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(3)(B), the Coast Guard finds that
good cause exists for not publishing a notice of proposed rulemaking
(NPRM) with respect to this rule because it is impracticable and
contrary to the public interest. It is impracticable to publish an NPRM
because we must enforce this safety zone starting June 14, 2018 and
lack sufficient time to provide a reasonable comment period and then
consider those comments before issuing the rule. It is also contrary to
the public interest as it would delay the safety measures necessary to
protect persons, vessels, and the marine environment from the potential
hazards associated with the detonation of unexploded ordnance.
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 contrary to public interest because it would delay the
safety measures necessary to protect persons, vessels, and the marine
environment from the potential hazards associated with the detonation
of unexploded ordnance.
The United States Army Corps of Engineers is conducting a Remedial
Investigation/Feasibility Study for the Fort Pickens Munitions Response
Site 01--Range Complex, located in Escambia County, Florida. The site,
which is located along the western tip of Santa Rosa Island and extends
south into the Gulf of Mexico, was used for coastal defense from before
the Civil War until after World War II. There is a potential that the
marine investigation may encounter munitions that will require in-water
detonation to address potential explosive hazards. The safety zone will
encompass a 1,000 yard square area detonation area surrounded by a
1,200 yard buffer area. The United States Army Corps of Engineers will
be responsible for the detonation of ordnance within the safety zone.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 33 U.S.C.
1231. The Captain of the Port Sector Mobile (COTP) has determined that
potential hazards associated with the detonation of unexploded ordnance
beginning on June 14, 2018 will be a safety concern for any vessels or
persons on the Gulf of Mexico near Fort Pickens in Pensacola, FL. This
rule is necessary to protect persons, vessels, and the marine
environment from the potential hazards associated with the detonation
of unexploded ordnance.
IV. Discussion of the Rule
This rule establishes a temporary safety zone from June 14, 2018
through June 30, 2018. The safety zone will cover all navigable waters
of the Gulf of Mexico within the approximate positions
30[deg]17'47.65'' N, 87[deg]21'36.5'' W; 30[deg]17'47.65'' N,
87[deg]19'39.8'' W; 30[deg]16'6.35'' N, 87[deg]19'39.8'' W; and
30[deg]16'6.35'' N, 87[deg]21'36.5'' W near Fort Pickens in Pensacola,
FL. The safety zone will encompass a 1,000 yard square area detonation
area surrounded by a 1,200 yard buffer area. A chart depicting the area
is included in the docket where indicated under ADDRESSES.
The duration of this safety zone is intended to protect persons,
vessels, and the marine environment, and will only be enforced if and
when the detonation of unexploded ordnance is necessary. No person or
vessel will be permitted to enter or transit within the safety zone
during periods of enforcement unless authorized by the COTP or a
designated representative. The periods of
[[Page 29012]]
enforcement will be one hour prior to, during, and after any ordnance
exploding operations. The Coast Guard was informed that the operations
would take place during daylight hours only. A law enforcement vessel
will coordinate all vessel traffic during the enforcement periods. The
COTP or a designated representative will inform the public through
Broadcast Notices to Mariners (BNMs), Local Notices to Mariners (LNMs),
and/or Marine Safety Information Bulletins (MSIBs) at least 3 hours in
advance of each enforcement period.
Entry into the temporary safety zone is prohibited unless
authorized by the COTP or a designated representative. A designated
representative is a commissioned, warrant, or petty officer of the U.S.
Coast Guard assigned to units under the operational control of USCG
Sector Mobile. Vessels requiring entry into this safety zone must
request permission from the COTP or a designated representative. They
may be contacted on VHF-FM channel 16 or by telephone at 251-441-5976.
The COTP or a designated representative will inform the public of the
enforcement periods of this safety zone through BNMs, LNMs, and/or
MSIBs as appropriate.
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
from the requirements of Executive Order 13771.
This regulatory determination is based on the size, location, and
duration of the temporary safety zone. Vessel traffic will be able to
safely transit around this safety zone which would impact a small
designated area of the Gulf of Mexico only as necessary for the
detonation of ordnance during a two and half week period. Moreover, the
Coast Guard will issue a BNMs via VHF-FM marine channel 16 about the
zone, and the rule allows vessels to seek permission to enter the zone.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this 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
temporary 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 temporary safety zone that will prohibit entry on a small designated
area of the Gulf of Mexico near Fort Pickens in Pensacola, FL only as
necessary for the detonation of ordnance. It is categorically excluded
from further review under paragraph L60(a) of Appendix A, Table 1 of
DHS Instruction
[[Page 29013]]
Manual 023-01-001-01, Rev.01. A Record of Environmental Consideration
supporting this determination is available in the docket where
indicated under ADDRESSES.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to 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.T08-0531 to read as follows:
Sec. 165.T08-0531 Safety Zone; Unexploded Ordnance Detonation, Gulf
of Mexico, Pensacola, FL.
(a) Location. The following area is a safety zone: All navigable
waters on the Gulf of Mexico within the approximate positions
30[deg]17'47.65'' N, 87[deg]21'36.5'' W; 30[deg]17'47.65'' N,
87[deg]19'39.8'' W; 30[deg]16'6.35'' N, 87[deg]19'39.8'' W; and
30[deg]16'6.35'' N, 87[deg]21'36.5'' W near Fort Pickens in Pensacola,
FL.
(b) Effective dates. This section is effective without actual
notice from June 22, 2018 through June 30, 2018. For purposes of
enforcement, actual notice will be used from June 14, 2018 through June
22, 2018.
(c) Enforcement periods. This section will be enforced during the
effective period one hour prior to, during, and after any ordnance
exploding operations. The operations will take place during daylight
hours only. The Captain of the Port Sector Mobile (COTP) or a
designated representative will inform the public through Broadcast
Notices to Mariners (BNMs), Local Notices to Mariners (LNMs), and/or
Marine Safety Information Bulletins (MSIBs) at least 3 hours in advance
of each enforcement period. A law enforcement vessel will coordinate
all vessel traffic during the enforcement periods.
(d) Regulations. (1) In accordance with the general regulations in
Sec. 165.23, entry into this zone is prohibited unless authorized by
the COTP or a designated representative. A designated representative is
a commissioned, warrant, or petty officer of the U.S. Coast Guard
assigned to units under the operational control of USCG Sector Mobile.
(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 channel 16 or by
telephone at 251-441-5976.
(3) Persons and vessels permitted to enter this safety zone must
transit at their slowest safe speed and comply with all lawful
directions issued by the COTP or the designated representative.
(e) Informational broadcasts. The COTP or a designated
representative will inform the public of the enforcement periods of
this safety zone through BNMs, LNMs, and/or MSIBs as appropriate.
Dated: June 6, 2018.
M.R. McLellan,
Captain, U.S. Coast Guard, Captain of the Port Sector Mobile.
[FR Doc. 2018-13433 Filed 6-21-18; 8:45 am]
BILLING CODE 9110-04-P
