Safety Zone; Pensacola Bay, Pensacola Beach, FL, 70380-70382 [2021-26755]

Download as PDF 70380 Federal Register / Vol. 86, No. 235 / Friday, December 10, 2021 / Rules and Regulations 122°22′56.00″ W (NAD 83) or as announced via Broadcast Notice to Mariners. (b) Definitions. As used in this section, ‘‘designated representative’’ means a Coast Guard Patrol Commander, including a Coast Guard coxswain, petty officer, or other officer operating a Coast Guard vessel, or a Federal, State, or Local officer designated by or assisting the Captain of the Port San Francisco (COTP) in the enforcement of the safety zone. (c) Regulations. (1) Under the general safety zone regulations in subpart C of this part, you may not enter the safety zone described in paragraph (a) of this section unless authorized by the COTP or the COTP’s designated representative. (2) The safety zone is closed to all vessel traffic, except as may be permitted by the COTP or the COTP’s designated representative. (3) Vessel operators desiring to enter or operate within the safety zone must contact the COTP or the COTP’s designated representative to obtain permission to do so. Vessel operators given permission to enter or operate in the safety zone must comply with all lawful orders or directions given to them by the COTP or the COTP’s designated representative. Persons and vessels may request permission to enter the safety zone on VHF–23A or through the 24-hour Command Center at telephone (415) 399–3547. (d) Enforcement period. This section will be enforced from 11 a.m. until 10:40 p.m. on December 19, 2021. (e) Information broadcasts. The COTP or the COTP’s designated representative will notify the maritime community of periods during which this zone will be enforced, in accordance with 33 CFR 165.7. Dated: December 6, 2021. Taylor Q. Lam, Captain, U.S. Coast Guard, Captain of the Port, San Francisco. [FR Doc. 2021–26791 Filed 12–9–21; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY Coast Guard jspears on DSK121TN23PROD with RULES1 33 CFR Part 165 [Docket No. USCG–2021–0864] Safety Zone; Sausalito Lighted Boat Parade Fireworks Display; Richardson Bay, Sausalito, CA AGENCY: Coast Guard, DHS. VerDate Sep<11>2014 15:55 Dec 09, 2021 Jkt 256001 Notification of enforcement of regulation. ACTION: The Coast Guard will enforce the safety zone in the navigable waters of Richardson Bay, off Sausalito, CA, in support of the Sausalito Lighted Boat Parade Fireworks Display. This safety zone is necessary to protect personnel, vessels, and the marine environment from the dangers associated with pyrotechnics. During the enforcement period, unauthorized persons or vessels are prohibited from entering into, transiting through, or remaining in the safety zone, unless authorized by the designated Patrol Commander (PATCOM) or other federal, state, or local agencies on scene to assist the Coast Guard in enforcing the regulated area. DATES: The regulation in 33 CFR 165.1191, will be enforced for the location in Table 1 to § 165.1191, Item number 30, from 10 a.m. until 8:25 p.m. on December 11, 2021, or as announced via Broadcast Notice to Mariners. FOR FURTHER INFORMATION CONTACT: If you have questions about this notification of enforcement, call or email LT Anthony Solares, Sector San Francisco Waterways Management, U.S. Coast Guard; telephone 415–399–3585, email SFWaterways@uscg.mil. SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the safety zone established in 33 CFR 165.1191, Table 1, Item number 30, for the Sausalito Lighted Boat Parade Fireworks on December 11, 2021. The Captain of the Port has delegated the authority to issue the notification of enforcement for this regulation to the Prevention Department Head. The Coast Guard will enforce a 100-foot safety zone around the fireworks barge during the loading, transit, and setup of the fireworks barge from the loading location to the display location and until the commencement of the fireworks display. From 10 a.m. until 5 p.m. on December 11, 2021, the fireworks barge will be loading pyrotechnics at Pier 50 in San Francisco, CA. The fireworks barge will remain at the loading location until its transit to the display location. From 5:30 p.m. to 7:00 p.m. on December 11, 2021 the loaded fireworks barge will transit from Pier 50 to the launch site near Sausalito Point in approximate position 37°51′15.99″ N, 122°28′41.70″ W (NAD 83), where it will remain until the conclusion of the fireworks display. Starting at 7:15 p.m. on December 11, 2021, 30 minutes prior to the commencement of the 10-minute fireworks display, the safety zone will encompass the navigable waters, from SUMMARY: PO 00000 Frm 00032 Fmt 4700 Sfmt 4700 surface to bottom, surrounding the fireworks barge near Spinnaker Point in Sausalito, CA within a radius of 1,000 feet from approximate position 37°51′15.99″ N, 122°28′41.70″ W (NAD 83) for the Sausalito Lighted Boat Parade Fireworks Display as set forth in 33 CFR 165.1191, Table 1, Item number 30. The safety zone will be enforced until 8:25 p.m. on December 11, 2021, or as announced via Broadcast Notice to Mariners. In addition to this notification of enforcement in the Federal Register, the Coast Guard plans to provide notification of this enforcement period via the Local Notice to Mariners. Under the provisions of 33 CFR 165.1191, unauthorized persons or vessels are prohibited from entering into, transiting through, or anchoring in the safety zone during all applicable effective dates and times, unless authorized to do so by the PATCOM or other Official Patrol defined as a federal, state, or local law enforcement agency on scene to assist the Coast Guard in enforcing the regulated area. Additionally, each person who receives notice of a lawful order or direction issued by the PATCOM or Official Patrol shall obey the order or direction. The PATCOM or Official Patrol may, upon request, allow the transit of commercial vessels through regulated areas when it is safe to do so. If the Captain of the Port determines that the regulated area need not be enforced for the full duration stated in this notice, a Broadcast Notice to Mariners may be used to grant general permission to enter the regulated area. Dated: December 6, 2021. Taylor Q. Lam, Captain, U.S. Coast Guard, Captain of the Port, San Francisco. [FR Doc. 2021–26790 Filed 12–9–21; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG–2021–0862] RIN 1625–AA00 Safety Zone; Pensacola Bay, Pensacola Beach, FL Coast Guard, Department of Homeland Security (DHS). ACTION: Temporary final rule. AGENCY: The Coast Guard is establishing a temporary safety zone for SUMMARY: E:\FR\FM\10DER1.SGM 10DER1 Federal Register / Vol. 86, No. 235 / Friday, December 10, 2021 / Rules and Regulations all navigable waters within 100 yards from the pilings, work equipment, and structures of the Pensacola Bay Bridge, Pensacola Beach, FL, including the channel at the center span. This temporary safety zone is needed to protect personnel, vessels, and the marine environment from potential hazards created by repair work on the bridge. Entry of vessels or persons into this zone is prohibited unless specifically authorized the Captain of the Port Sector Mobile (COTP) or a designated representative. DATES: This rule is effective without actual notice from December 10, 2021, until December 31, 2021. For purposes of enforcement, actual notice will be used from December 3, 2021, until December 10, 2021. ADDRESSES: To view documents mentioned in this preamble as being available in the docket, go to https:// www.regulations.gov, type USCG–2021– 0862 in the search box and click ‘‘search.’’ Next, in the Document Type column, select ‘‘Supporting & Related Material.’’ If you have questions on this rule, call or email Lieutenant Andrew S. Anderson, Sector Mobile, Waterways Management Division, U.S. Coast Guard; telephone 251–441–5940, email Andrew S.Anderson@uscg.mil. SUPPLEMENTARY INFORMATION: FOR FURTHER INFORMATION CONTACT: I. Table of Abbreviations CFR Code of Federal Regulations DHS Department of Homeland Security FR Federal Register NPRM Notice of proposed rulemaking § Section U.S.C. United States Code jspears on DSK121TN23PROD with RULES1 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 establish this safety zone by December 3, 2021, and lack sufficient time to provide a VerDate Sep<11>2014 15:55 Dec 09, 2021 Jkt 256001 reasonable comment period and then consider those comments before issuing the rule. 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 respond to potential safety hazards associated with this project. Immediate action is needed to protect vessels and mariners from the safety hazards associated with the bridge construction project on the waterway. III. Legal Authority and Need for Rule The Coast Guard is issuing this rule under authority in 46 U.S.C. 70034. The Captain of the Port Sector Mobile (COTP) has determined that potential hazards associated with the bridge construction project on December 3rd will be a safety concern for any vessels or persons within 100 yards from the pilings, work equipment, and structures of the Pensacola Bay Bridge, Pensacola Beach, FL, including the channel at the center span which will be impassable at the time. This rule is needed to protect the public, mariners, and vessels from the potential hazards associated with the bridge construction project on the waterway. IV. Discussion of the Rule The Coast Guard is establishing a temporary safety zone, effective for 24 hours a day, starting at 6 a.m. on December 3rd through 6 a.m. December 31, 2021. The safety zone encompasses the navigable waters within 100 yards from the pilings, work equipment, and structures of the Pensacola Bay Bridge, Pensacola Beach, FL, including the channel at the center span which will be impassable at the time. The location and duration of this safety zone is intended to protect persons and vessels during the bridge construction project that will take place on this navigable waterway. No person or vessel will be permitted to enter or transit within the safety zone, unless specifically authorized by the COTP or a designated representative. Public notifications will be made to the local maritime community through Broadcast Notice to Mariners (BNM). Mariners and other members of the public may also contact the COTP or designated representative to inquire about the safety zone by telephone at 251–441–5490. V. Regulatory Analyses We developed this rule after considering numerous statutes and PO 00000 Frm 00033 Fmt 4700 Sfmt 4700 70381 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. 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). This regulatory determination is based on the size, location, and duration, of the safety zone. This temporary safety zone will only restrict navigation within 100 yards from the pilings, work equipment and structures of the Pensacola Bay Bridge, Pensacola Beach, FL, for duration of the bridge construction. Moreover, the rule would allow vessels to seek permission to enter the zone. B. Impact Small Entities The Regulatory Flexibility Act of 1980, 5 U.S.C. 601–612, as amended, requires Federal agencies to consider the potential impact of regulations on small entities during rulemaking. The term ‘‘small entities’’ comprises small businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations of less than 50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will not have a significant economic impact on a substantial number of small entities. While some owners or operators of vessels intending to transit the safety zone may be small entities, for the reasons stated in section V. A. above, this rule will not have a significant economic impact on any vessel owner or operator. Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104–121), we want to assist small entities in understanding this rule. If the rule would affect your small business, organization, or governmental jurisdiction and you have questions concerning its provisions or options for compliance, please contact the person listed in the FOR FURTHER INFORMATION CONTACT section. Small businesses may send comments on the actions of Federal employees who enforce, or otherwise determine compliance with, Federal regulations to E:\FR\FM\10DER1.SGM 10DER1 70382 Federal Register / Vol. 86, No. 235 / Friday, December 10, 2021 / Rules and Regulations 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. jspears on DSK121TN23PROD with RULES1 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, Rev. 1., associated implementing instructions, and Environmental Planning COMDTINST VerDate Sep<11>2014 15:55 Dec 09, 2021 Jkt 256001 5090.1 (series), which guide the Coast Guard in complying with the National Environmental Policy Act of 1969 (42 U.S.C. 4321–4370f), and have determined that this action is one of a category of actions that do not individually or cumulatively have a significant effect on the human environment. This rule involves a safety zone that will prohibit mariners and the public 100 yards from the pilings, work equipment and structures of the Pensacola Bay Bridge, Pensacola Beach, FL, including the channel at the center span that will be impassable at this time. It is categorically excluded from further review under paragraph L60 (a) of Appendix A, Table 1 of DHS Instruction Manual 023–01–001–01, Rev.01. G. Protest Activities The Coast Guard respects the First Amendment rights of protesters. Protesters are asked to call or email 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. December 3, 2021, until December 10, 2021. (c) Regulations. (1) The general regulations contained in § 165.23 as well as the regulations in this section apply to the regulated area. (2) Entry into this zone is prohibited unless authorized by the Captain of the Port Sector Mobile (COTP) or a designated representative. (3) Persons or vessels seeking to enter into or transit through the zone must request permission from the COTP or a designated representative. They may be contacted on VHF–FM channels 15 and 16 or by telephone at 251–441–5976. (4) If permission is granted, all persons and vessels must comply with the instructions of the COTP or designated representative. (d) Informational broadcasts. The COTP or a designated representative will inform the public through broadcast notices to mariners of the enforcement period for the safety zone. Dated: December 3, 2021. L.A. Allen, Captain, U.S. Coast Guard, Captain of the Port Sector Mobile. [FR Doc. 2021–26755 Filed 12–9–21; 8:45 am] BILLING CODE 9110–04–P 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: 46 U.S.C. 70034, 70051; 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; Department of Homeland Security Delegation No. 00170.1, Revision No. 01.2. 2. Add § 165.T08–0862 to read as follows: ■ § 165.T08–0862 Safety Zone; Pensacola Bay Bridge, Pensacola Beach, FL. (a) Location. The following area is a safety zone: All navigable waters within 100 yards from the pilings, work equipment, and structures of the Pensacola Bay Bridge, Pensacola Beach, FL, including the channel at the center span which will be impassable at the time. (b) Enforcement period. This section is effective without actual notice from December 10, 2021, until December 31, 2021. For purposes of enforcement, actual notice will be used from PO 00000 Frm 00034 Fmt 4700 Sfmt 4700 POSTAL SERVICE 39 CFR Part 111 Periodicals Pending Authorization Postage Postal ServiceTM. ACTION: Final rule. AGENCY: The Postal Service is amending Mailing Standards of the United States Postal Service, Domestic Mail Manual (DMM®) subsection 207.5.2 to revise the process for calculating postage on a Periodicals publication pending authorization. DATES: Effective Date: January 9, 2022. FOR FURTHER INFORMATION CONTACT: Elke Reuning-Elliott at (202) 268–4063 or Garry Rodriguez at (202) 268–7281. SUPPLEMENTARY INFORMATION: On September 30, 2021, the Postal Service published a notice of proposed rulemaking (NPRM) (86 FR 54142) to revise the postage calculation standards for Periodicals pending authorization. In response to the proposed rule, four commenters submitted comments. Comment: One commenter supported the proposal changes, stating that it would make pricing Pending periodicals more efficient and effective. USPS Response: The Postal Service is grateful for the support. SUMMARY: E:\FR\FM\10DER1.SGM 10DER1

Agencies

[Federal Register Volume 86, Number 235 (Friday, December 10, 2021)]
[Rules and Regulations]
[Pages 70380-70382]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-26755]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2021-0862]
RIN 1625-AA00


Safety Zone; Pensacola Bay, Pensacola Beach, FL

AGENCY: Coast Guard, Department of Homeland Security (DHS).

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for

[[Page 70381]]

all navigable waters within 100 yards from the pilings, work equipment, 
and structures of the Pensacola Bay Bridge, Pensacola Beach, FL, 
including the channel at the center span. This temporary safety zone is 
needed to protect personnel, vessels, and the marine environment from 
potential hazards created by repair work on the bridge. Entry of 
vessels or persons into this zone is prohibited unless specifically 
authorized the Captain of the Port Sector Mobile (COTP) or a designated 
representative.

DATES: This rule is effective without actual notice from December 10, 
2021, until December 31, 2021. For purposes of enforcement, actual 
notice will be used from December 3, 2021, until December 10, 2021.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2021-0862 in the search box and click ``search.'' Next, in the Document 
Type column, select ``Supporting & Related Material.''

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Lieutenant Andrew S. Anderson, Sector Mobile, Waterways 
Management Division, U.S. Coast Guard; telephone 251-441-5940, email 
Andrew [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
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 establish this safety zone by December 3, 2021, and 
lack sufficient time to provide a reasonable comment period and then 
consider those comments before issuing the rule.
    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 respond to potential safety hazards 
associated with this project. Immediate action is needed to protect 
vessels and mariners from the safety hazards associated with the bridge 
construction project on the waterway.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C. 
70034. The Captain of the Port Sector Mobile (COTP) has determined that 
potential hazards associated with the bridge construction project on 
December 3rd will be a safety concern for any vessels or persons within 
100 yards from the pilings, work equipment, and structures of the 
Pensacola Bay Bridge, Pensacola Beach, FL, including the channel at the 
center span which will be impassable at the time. This rule is needed 
to protect the public, mariners, and vessels from the potential hazards 
associated with the bridge construction project on the waterway.

IV. Discussion of the Rule

    The Coast Guard is establishing a temporary safety zone, effective 
for 24 hours a day, starting at 6 a.m. on December 3rd through 6 a.m. 
December 31, 2021. The safety zone encompasses the navigable waters 
within 100 yards from the pilings, work equipment, and structures of 
the Pensacola Bay Bridge, Pensacola Beach, FL, including the channel at 
the center span which will be impassable at the time. The location and 
duration of this safety zone is intended to protect persons and vessels 
during the bridge construction project that will take place on this 
navigable waterway. No person or vessel will be permitted to enter or 
transit within the safety zone, unless specifically authorized by the 
COTP or a designated representative. Public notifications will be made 
to the local maritime community through Broadcast Notice to Mariners 
(BNM). Mariners and other members of the public may also contact the 
COTP or designated representative to inquire about the safety zone by 
telephone at 251-441-5490.

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. 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). This regulatory determination is based on the size, location, 
and duration, of the safety zone. This temporary safety zone will only 
restrict navigation within 100 yards from the pilings, work equipment 
and structures of the Pensacola Bay Bridge, Pensacola Beach, FL, for 
duration of the bridge construction. Moreover, the rule would allow 
vessels to seek permission to enter the zone.

B. Impact Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, requires Federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule 
will not have a significant economic impact on a substantial number of 
small entities.
    While some owners or operators of vessels intending to transit the 
safety zone may be small entities, for the reasons stated in section V. 
A. above, this rule will not have a significant economic impact on any 
vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this rule. If the rule would affect your 
small business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to

[[Page 70382]]

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.

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, Rev. 1., associated implementing instructions, and 
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast 
Guard in complying with the National Environmental Policy Act of 1969 
(42 U.S.C. 4321-4370f), and have determined that this action is one of 
a category of actions that do not individually or cumulatively have a 
significant effect on the human environment. This rule involves a 
safety zone that will prohibit mariners and the public 100 yards from 
the pilings, work equipment and structures of the Pensacola Bay Bridge, 
Pensacola Beach, FL, including the channel at the center span that will 
be impassable at this time. It is categorically excluded from further 
review under paragraph L60 (a) of Appendix A, Table 1 of DHS 
Instruction Manual 023-01-001-01, Rev.01.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to call or email 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: 46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No. 
00170.1, Revision No. 01.2.


0
2. Add Sec.  165.T08-0862 to read as follows:


Sec.  165.T08-0862  Safety Zone; Pensacola Bay Bridge, Pensacola Beach, 
FL.

    (a) Location. The following area is a safety zone: All navigable 
waters within 100 yards from the pilings, work equipment, and 
structures of the Pensacola Bay Bridge, Pensacola Beach, FL, including 
the channel at the center span which will be impassable at the time.
    (b) Enforcement period. This section is effective without actual 
notice from December 10, 2021, until December 31, 2021. For purposes of 
enforcement, actual notice will be used from December 3, 2021, until 
December 10, 2021.
    (c) Regulations. (1) The general regulations contained in Sec.  
165.23 as well as the regulations in this section apply to the 
regulated area.
    (2) Entry into this zone is prohibited unless authorized by the 
Captain of the Port Sector Mobile (COTP) or a designated 
representative.
    (3) Persons or vessels seeking to enter into or transit through the 
zone must request permission from the COTP or a designated 
representative. They may be contacted on VHF-FM channels 15 and 16 or 
by telephone at 251-441-5976.
    (4) If permission is granted, all persons and vessels must comply 
with the instructions of the COTP or designated representative.
    (d) Informational broadcasts. The COTP or a designated 
representative will inform the public through broadcast notices to 
mariners of the enforcement period for the safety zone.

    Dated: December 3, 2021.
L.A. Allen,
Captain, U.S. Coast Guard, Captain of the Port Sector Mobile.
[FR Doc. 2021-26755 Filed 12-9-21; 8:45 am]
BILLING CODE 9110-04-P