83_FR_17566 83 FR 17489 - Special Local Regulation; Pensacola Bay, Pensacola, FL

83 FR 17489 - Special Local Regulation; Pensacola Bay, Pensacola, FL

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 83, Issue 77 (April 20, 2018)

Page Range17489-17492
FR Document2018-08314

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.

Federal Register, Volume 83 Issue 77 (Friday, April 20, 2018)
[Federal Register Volume 83, Number 77 (Friday, April 20, 2018)]
[Rules and Regulations]
[Pages 17489-17492]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-08314]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

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


Special Local Regulation; Pensacola Bay, Pensacola, FL

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

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

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

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2018-0103 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

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

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port Sector Mobile
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
PATCOM Patrol Commander
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

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

[[Page 17490]]

comments on our proposed regulatory action related to this triathlon 
event. During the comment period that ended April 5, 2018, we received 
four comments.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register. Delaying the effective date of 
this rule is impracticable and contrary to public interest because it 
would delay the safety measures necessary to respond to potential 
safety hazards associated with this marine event. Immediate action is 
needed protect participants, spectators, and other persons and vessels 
during the triathlon event on these navigable waters.

III. Legal Authority and Need for Rule

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

IV. Discussion of the Rule

    As noted above, we received four comments on our NPRM published on 
March 6, 2018. Two of the four commenters supported the rulemaking. 
Another commenter opposed regulatory action generally without making 
remarks specific to this rulemaking, and the last comment was not 
related to the subject matter of this rulemaking at all. There are no 
changes in the regulatory text of this rule from the proposed rule in 
the NPRM.
    This rule establishes temporary special local regulation from 4 
a.m. through 10 a.m. on April 29, 2018. The regulated area will cover a 
300 yard radius from position 30[deg]24'16.4'' N, 87[deg]12'55.2'' W in 
Pensacola Bay, Pensacola, FL. The duration of this special local 
regulation is intended to ensure the safety of vessels and persons 
before, during, and after the Pensacola Triathlon marine event. No 
vessel or person is permitted to enter the regulated area without 
obtaining permission from the COTP or a designated representative. A 
designated representative may be a Patrol Commander (PATCOM). The 
PATCOM may be aboard either a Coast Guard or Coast Guard Auxiliary 
vessel. The Patrol Commander may be contacted on Channel 16 VHF-FM 
(156.8 MHz) by the call sign ``PATCOM''. All persons and vessels not 
registered with the sponsor as participants or official patrol vessels 
are considered spectators. The ``official patrol vessels'' consist of 
any Coast Guard, state, or local law enforcement and sponsor provided 
vessels assigned or approved by the COTP to patrol the regulated area.
    Spectator vessels desiring to transit the regulated area may do so 
only with prior approval of the COTP or a designated representative and 
when so directed by that officer shall be operated at a minimum safe 
navigation speed in a manner that will not endanger participants in the 
regulated area or any other vessels. No spectator vessel shall anchor, 
block, loiter, or impede the through transit of participants or 
official patrol vessels in the regulated area during the effective 
dates and times, unless cleared for entry by or through an official 
patrol vessel. Any spectator vessel may anchor outside the regulated 
area, but may not anchor in, block, or loiter in a navigable channel. 
Spectator vessels may be moored to a waterfront facility within the 
regulated area in such a way that they shall not interfere with the 
progress of the event. Such mooring must be complete at least 30 
minutes prior to the establishment of the regulated area and remain 
moored through the duration of the event.
    The COTP or a designated representative may forbid and control the 
movement of all vessels in the regulated area. When hailed or signaled 
by an official patrol vessel, a vessel shall come to an immediate stop 
and comply with the directions given. Failure to do so may result in 
expulsion from the area, citation for failure to comply, or both.
    The COTP or a designated representative may terminate the event or 
the operation of any vessel at any time it is deemed necessary for the 
protection of life or property. The COTP or a designated representative 
can terminate enforcement of the special local regulations at the 
conclusion of the event.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
Executive orders related to rulemaking. Below we summarize our analyses 
based on a number of these statutes and Executive orders, and we 
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. Executive Order 13563 emphasizes the importance of 
quantifying both costs and benefits, of reducing costs, of harmonizing 
rules, and of promoting flexibility. This rule has not been designated 
a ``significant regulatory action,'' under Executive Order 12866. 
Accordingly, it has not been reviewed by the Office of Management and 
Budget.
    This regulatory action determination is based on size, location, 
and duration of the special local regulation. The regulated area is a 
small area of Pensacola Bay extending in a 300 yard radius from 
position 30[deg]24'16.4'' N, 87[deg]12'55.2'' W, lasting only 6 hours 
on one day. Additionally, the Coast Guard will issue Broadcast Notices 
to Mariners (BNMs) via VHF-FM marine channel 16 about the regulation so 
that waterway users may plan accordingly for transits during this 
restriction. The rule also allows vessels to seek permission from the 
COTP or a designated representative to enter the regulated area.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, requires Federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard received no comments from the Small Business 
Administration on this rulemaking. The Coast Guard certifies under 5 
U.S.C. 605(b) that this rule will not have a significant economic 
impact on a substantial number of small entities.
    While some owners or operators of vessels intending to transit the 
regulated area may be small entities, for the reasons stated in section 
V.A above, this rule will not have a significant economic impact on any 
vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this rule. If the rule would affect your 
small business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section.
    Small businesses may send comments on the actions of Federal 
employees

[[Page 17491]]

who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

C. Collection of Information

    This rule will not call for a new collection of information under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this rule under that Order and have 
determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, this rule does not have tribal implications under Executive 
Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it does not have a substantial direct effect on 
one or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes. If 
you believe this rule has implications for federalism or Indian tribes, 
please contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section above.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 (adjusted for 
inflation) or more in any one year. Though this rule will not result in 
such an expenditure, we do discuss the effects of this rule elsewhere 
in this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security 
Directive 023-01 and Commandant Instruction M16475.1D, which guide the 
Coast Guard in complying with the National Environmental Policy Act of 
1969(42 U.S.C. 4321-4370f), and have determined that this action is one 
of a category of actions that do not individually or cumulatively have 
a significant effect on the human environment. This rule involves a 
special local regulation on Pensacola Bay extending in a 300 yard 
radius from position 30[deg]24'16.4'' N, 87[deg]12'55.2'' W in 
Pensacola, FL. It is categorically excluded from further review under 
paragraph L61 of Appendix A, Table 1 of DHS Instruction Manual 023-01-
001-01, Rev. 01. A Record of Environmental Consideration (REC) 
supporting this determination is available in the docket where 
indicated under ADDRESSES.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places or vessels.

List of Subjects in 33 CFR Part 100

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

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

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

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

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

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


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

    (a) Regulated area. All navigable waters of Pensacola Bay extending 
in a 300 yard radius from position 30[deg]24'16.4'' N, 87[deg]12'55.2'' 
W in Pensacola, FL.
    (b) Enforcement period. This section will be enforced from 4 a.m. 
through 10 a.m. on April 29, 2018.
    (c) Special local regulations. (1) In accordance with the general 
regulations in Sec.  100.801 of this part, entry into, transit within 
or through, or exit from this area is prohibited unless authorized by 
the Captain of the Port Sector Mobile (COTP) or a designated 
representative. A designated representative may be a Patrol Commander 
(PATCOM). The PATCOM may be aboard either a Coast Guard or Coast Guard 
Auxiliary vessel. The Patrol Commander may be contacted on Channel 16 
VHF-FM (156.8 MHz) by the call sign ``PATCOM''.
    (2) All persons and vessels not registered with the sponsor as 
participants or official patrol vessels are considered spectators. The 
``official patrol vessels'' consist of any Coast Guard, state, or local 
law enforcement and sponsor provided vessels assigned or approved by 
the COTP to patrol the regulated area.
    (3) Spectator vessels desiring to transit the regulated area may do 
so only with prior approval of the COTP or a designated representative 
and when so directed by that officer will be operated at a minimum safe 
navigation speed in a manner which will not endanger participants in 
the regulated area or any other vessels.
    (4) No spectator vessel shall anchor, block, loiter, or impede the 
through transit of participants or official patrol vessels in the 
regulated area during the effective dates and times, unless cleared for 
entry by or through an official patrol vessel.
    (5) Any spectator vessel may anchor outside the regulated area, but 
may not anchor in, block, or loiter in a navigable channel. Spectator 
vessels may be moored to a waterfront facility within the regulated 
area in such a way that they shall not interfere with the progress of 
the event. Such mooring must be complete at least 30 minutes prior to 
the establishment of the regulated area and remain moored through the 
duration of the event.
    (6) The COTP or a designated representative may forbid and control 
the movement of all vessels in the regulated area. When hailed or 
signaled by an official patrol vessel, a vessel shall come to an 
immediate stop and comply with the directions given. Failure to do so 
may result in expulsion from the area, citation for failure to comply, 
or both.
    (7) The COTP or a designated representative may terminate the event 
or the operation of any vessel at any time it is deemed necessary for 
the protection of life or property.
    (8) The COTP or a designated representative will terminate 
enforcement of the special local regulations at the conclusion of the 
event.

[[Page 17492]]

    (d) Informational broadcasts. The COTP or a designated 
representative will inform the public through Broadcast Notices to 
Mariners of the enforcement period for the temporary special local 
regulation as well as any changes in the planned schedule.

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



                                                                   Federal Register / Vol. 83, No. 77 / Friday, April 20, 2018 / Rules and Regulations                                         17489

                                              upon requestors to be as specific as                    List of Subjects in 22 CFR Part 172                   DEPARTMENT OF HOMELAND
                                              possible concerning the nature and                                                                            SECURITY
                                              relevance of the official information                     Administrative practice and
                                              sought, the Department believes that the                procedure, Courts, Government                         Coast Guard
                                              eliminated sentence is unnecessary.                     employees.
                                                 In § 172.5(c), the Department replaces                 For the reasons set forth in the                    33 CFR Part 100
                                              the reference to ‘‘§ 172.2’’ to refer                   preamble, 22 CFR part 172 is amended                  [Docket Number USCG–2018–0103]
                                              instead to § 172.4, which is the proper                 as follows:                                           RIN 1625–AA08
                                              section about the Department officials
                                              designated to render such decisions.                    PART 172—SERVICE OF PROCESS;                          Special Local Regulation; Pensacola
                                                 The Department changes                               PRODUCTION OR DISCLOSURE OF                           Bay, Pensacola, FL
                                              ‘‘Respectively’’ to ‘‘Respectfully’’ in                 OFFICIAL INFORMATION IN
                                              § 172.6(a)(4), so that the sentence makes               RESPONSE TO COURT ORDERS,                             AGENCY:    Coast Guard, DHS.
                                              more sense and also conforms with the                   SUBPOENAS, NOTICES OF                                 ACTION:   Temporary final rule.
                                              wording of § 172.6(b), which uses                       DEPOSITIONS, REQUESTS FOR
                                              ‘‘respectfully’’ in a similar manner.                                                                         SUMMARY:   The Coast Guard is
                                                                                                      ADMISSIONS, INTERROGATORIES, OR
                                                                                                                                                            establishing a temporary special local
                                                 Finally, the Department corrects an                  SIMILAR REQUESTS OR DEMANDS IN
                                                                                                                                                            regulation on Pensacola Bay in
                                              office symbol in § 172.2.                               CONNECTION WITH FEDERAL OR                            Pensacola, FL. This action is necessary
                                                                                                      STATE LITIGATION; EXPERT                              to protect the persons participating in
                                              Regulatory Analyses
                                                                                                      TESTIMONY                                             the Pensacola Triathlon marine event.
                                                 The Department of State is publishing                                                                      This regulation restricts transit into,
                                              this rulemaking as a final rule, pursuant               ■  1. The authority citation for part 172             through, and within the regulated area
                                              to 5 U.S.C. 553(b). This rulemaking is a                is revised to read as follows:                        unless authorized by the Captain of the
                                              rule of agency organization, procedure,                   Authority: 5 U.S.C. 301; 8 U.S.C. 1202(f);          Port Sector Mobile (COTP) or a
                                              or practice. The effective date of the rule             22 U.S.C. 2651a, 2664, 3926.                          designated representative.
                                              is 30 days after publication, as provided                                                                     DATES: This rule is effective from 4 a.m.
                                              in the Administrative Procedure Act.                    § 172.1    [Amended]                                  through 10 a.m. April 29, 2018.
                                                 The Department further finds that this                                                                     ADDRESSES: To view documents
                                              is not a major rule; is not subject to the              ■  2. In § 172.1(e), remove the phrase
                                                                                                      ‘‘Executive Order 12356 on national                   mentioned in this preamble as being
                                              Unfunded Mandates Reform Act of                                                                               available in the docket, go to http://
                                              1995; will not have tribal implications                 security information (3 CFR, 1982
                                                                                                      Comp., p. 166)’’, and add in its place,               www.regulations.gov, type USCG–2018–
                                              as defined by Executive Order 13175;                                                                          0103 in the ‘‘SEARCH’’ box and click
                                              and will not have an impact on a                        ‘‘Executive Order 13526 (3 CFR, 2009
                                                                                                      Comp., p. 298)’’.                                     ‘‘SEARCH.’’ Click on Open Docket
                                              substantial number of small entities                                                                          Folder on the line associated with this
                                              under the Regulatory Flexibility Act.                                                                         rule.
                                                                                                      § 172.2    [Amended]
                                              This rule is not an economically
                                                                                                                                                            FOR FURTHER INFORMATION CONTACT: If
                                              significant rule under Executive Order                  ■ 3. In § 172.2:
                                              12866, and the Department certifies that                                                                      you have questions on this rule, call or
                                                                                                      ■ a. Remove the phrase ‘‘L/EX’’ and add               email LT Kyle D. Berry, Sector Mobile,
                                              the benefits of this rulemaking outweigh
                                              any costs, which are minimal for the                    in its place ‘‘L/H–EX’’, wherever it                  Waterways Management Division, U.S.
                                              public. The Office of Information and                   occurs.                                               Coast Guard; telephone 251–441–5940,
                                              Regulatory Affairs has designated this                  ■ b. In the first sentence of paragraph
                                                                                                                                                            email Kyle.D.Berry@uscg.mil.
                                              rule as ‘‘non-significant’’ as defined by               (c), remove the citation ‘‘and 173.3(c)’’             SUPPLEMENTARY INFORMATION:
                                              Executive Order 12866. This rule is not                 and add in its place ‘‘and 172.3(c)’’.                I. Table of Abbreviations
                                              an E.O. 13771 regulatory action because
                                              this rule is not significant under E.O.                 § 172.5    [Amended]                                  CFR Code of Federal Regulations
                                              12866.                                                  ■  4. In § 172.5:
                                                                                                                                                            COTP Captain of the Port Sector Mobile
                                                 The Department of State has reviewed                                                                       DHS Department of Homeland Security
                                                                                                      ■  a. Remove the second sentence of                   FR Federal Register
                                              this rule in light of Executive Order                                                                         NPRM Notice of proposed rulemaking
                                              12988 to eliminate ambiguity, minimize                  paragraph (a).
                                                                                                                                                            PATCOM Patrol Commander
                                              litigation, establish clear legal                       ■ b. In paragraph (c), remove the                     § Section
                                              standards, and reduce burden. This rule                 citation ‘‘§ 172.2’’ and add in its place             U.S.C. United States Code
                                              will not have substantial direct effect on              ‘‘§ 172.4’’.
                                              the states, on the relationships between                                                                      II. Background Information and
                                              the national government and the states,                 § 172.6    [Amended]                                  Regulatory History
                                              or on the distribution of power and                     ■  5. In § 172.6(a)(4), remove                           On January 16, 2018, the Pensacola
                                              responsibilities among the various                      ‘‘Respectively’’ and add in its place                 Triathlon notified the Coast Guard that
                                              levels of government. Therefore, in                     ‘‘Respectfully’’.                                     it would be conducting the swim
                                              accordance with Executive Order 13132,                                                                        portion of the race in the vicinity of the
                                              it is determined that this rule does not                  Dated: April 9, 2018.                               Vince J. Whibbs Sr. Community
sradovich on DSK3GMQ082PROD with RULES




                                              have sufficient federalism implications                 Alicia Frechette,                                     Maritime Park in Pensacola, FL. In
                                              to require consultations or warrant the                 Executive Director, Office of the Legal Adviser       response, on March 6, 2018, the Coast
                                              preparation of a federalism summary                     and Bureau of Legislative Affairs.                    Guard published a notice of proposed
                                              impact statement. The rulemaking does                   [FR Doc. 2018–08277 Filed 4–19–18; 8:45 am]           rulemaking (NPRM) titled Special Local
                                              not impose any new information                          BILLING CODE 4710–10–P
                                                                                                                                                            Regulation; Pensacola Bay, Pensacola,
                                              collections subject to the Paperwork                                                                          FL (83 FR 9454). There we stated why
                                              Reduction Act.                                                                                                we issued the NPRM, and invited


                                         VerDate Sep<11>2014   15:57 Apr 19, 2018   Jkt 244001   PO 00000   Frm 00013   Fmt 4700   Sfmt 4700   E:\FR\FM\20APR1.SGM   20APR1


                                              17490                Federal Register / Vol. 83, No. 77 / Friday, April 20, 2018 / Rules and Regulations

                                              comments on our proposed regulatory                     the call sign ‘‘PATCOM’’. All persons                 necessary, to select regulatory
                                              action related to this triathlon event.                 and vessels not registered with the                   approaches that maximize net benefits.
                                              During the comment period that ended                    sponsor as participants or official patrol            Executive Order 13563 emphasizes the
                                              April 5, 2018, we received four                         vessels are considered spectators. The                importance of quantifying both costs
                                              comments.                                               ‘‘official patrol vessels’’ consist of any            and benefits, of reducing costs, of
                                                Under 5 U.S.C. 553(d)(3), the Coast                   Coast Guard, state, or local law                      harmonizing rules, and of promoting
                                              Guard finds that good cause exists for                  enforcement and sponsor provided                      flexibility. This rule has not been
                                              making this rule effective less than 30                 vessels assigned or approved by the                   designated a ‘‘significant regulatory
                                              days after publication in the Federal                   COTP to patrol the regulated area.                    action,’’ under Executive Order 12866.
                                              Register. Delaying the effective date of                   Spectator vessels desiring to transit              Accordingly, it has not been reviewed
                                              this rule is impracticable and contrary                 the regulated area may do so only with                by the Office of Management and
                                              to public interest because it would delay               prior approval of the COTP or a                       Budget.
                                              the safety measures necessary to                        designated representative and when so                    This regulatory action determination
                                              respond to potential safety hazards                     directed by that officer shall be operated            is based on size, location, and duration
                                              associated with this marine event.                      at a minimum safe navigation speed in                 of the special local regulation. The
                                              Immediate action is needed protect                      a manner that will not endanger                       regulated area is a small area of
                                              participants, spectators, and other                     participants in the regulated area or any             Pensacola Bay extending in a 300 yard
                                              persons and vessels during the triathlon                other vessels. No spectator vessel shall              radius from position 30°24′16.4″ N,
                                              event on these navigable waters.                        anchor, block, loiter, or impede the                  87°12′55.2″ W, lasting only 6 hours on
                                                                                                      through transit of participants or official           one day. Additionally, the Coast Guard
                                              III. Legal Authority and Need for Rule
                                                                                                      patrol vessels in the regulated area                  will issue Broadcast Notices to Mariners
                                                 The Coast Guard is issuing this rule                 during the effective dates and times,                 (BNMs) via VHF–FM marine channel 16
                                              under authority in 33 U.S.C. 1233. The                  unless cleared for entry by or through an             about the regulation so that waterway
                                              Captain of the Port Sector Mobile                       official patrol vessel. Any spectator                 users may plan accordingly for transits
                                              (COTP) has determined that potential                    vessel may anchor outside the regulated               during this restriction. The rule also
                                              hazards associated with the Pensacola                   area, but may not anchor in, block, or                allows vessels to seek permission from
                                              Triathlon marine event on April 29,                     loiter in a navigable channel. Spectator              the COTP or a designated representative
                                              2018 will be a safety concern for any                   vessels may be moored to a waterfront                 to enter the regulated area.
                                              vessels or persons within 300 yards of                  facility within the regulated area in such
                                              the Pensacola Triathlon. The purpose of                                                                       B. Impact on Small Entities
                                                                                                      a way that they shall not interfere with
                                              this rule is to protect participants,                   the progress of the event. Such mooring                  The Regulatory Flexibility Act of
                                              spectators, and other persons and                       must be complete at least 30 minutes                  1980, 5 U.S.C. 601–612, as amended,
                                              vessels during the Triathlon event on                   prior to the establishment of the                     requires Federal agencies to consider
                                              navigable waters.                                       regulated area and remain moored                      the potential impact of regulations on
                                                                                                      through the duration of the event.                    small entities during rulemaking. The
                                              IV. Discussion of the Rule
                                                                                                         The COTP or a designated                           term ‘‘small entities’’ comprises small
                                                As noted above, we received four                      representative may forbid and control                 businesses, not-for-profit organizations
                                              comments on our NPRM published on                       the movement of all vessels in the                    that are independently owned and
                                              March 6, 2018. Two of the four                          regulated area. When hailed or signaled               operated and are not dominant in their
                                              commenters supported the rulemaking.                    by an official patrol vessel, a vessel shall          fields, and governmental jurisdictions
                                              Another commenter opposed regulatory                    come to an immediate stop and comply                  with populations of less than 50,000.
                                              action generally without making                         with the directions given. Failure to do              The Coast Guard received no comments
                                              remarks specific to this rulemaking, and                so may result in expulsion from the                   from the Small Business Administration
                                              the last comment was not related to the                 area, citation for failure to comply, or              on this rulemaking. The Coast Guard
                                              subject matter of this rulemaking at all.               both.                                                 certifies under 5 U.S.C. 605(b) that this
                                              There are no changes in the regulatory                     The COTP or a designated                           rule will not have a significant
                                              text of this rule from the proposed rule                representative may terminate the event                economic impact on a substantial
                                              in the NPRM.                                            or the operation of any vessel at any                 number of small entities.
                                                This rule establishes temporary                       time it is deemed necessary for the                      While some owners or operators of
                                              special local regulation from 4 a.m.                    protection of life or property. The COTP              vessels intending to transit the regulated
                                              through 10 a.m. on April 29, 2018. The                  or a designated representative can                    area may be small entities, for the
                                              regulated area will cover a 300 yard                    terminate enforcement of the special                  reasons stated in section V.A above, this
                                              radius from position 30°24′16.4″ N,                     local regulations at the conclusion of the            rule will not have a significant
                                              87°12′55.2″ W in Pensacola Bay,                         event.                                                economic impact on any vessel owner
                                              Pensacola, FL. The duration of this                                                                           or operator.
                                              special local regulation is intended to                 V. Regulatory Analyses                                   Under section 213(a) of the Small
                                              ensure the safety of vessels and persons                  We developed this rule after                        Business Regulatory Enforcement
                                              before, during, and after the Pensacola                 considering numerous statutes and                     Fairness Act of 1996 (Pub. L. 104–121),
                                              Triathlon marine event. No vessel or                    Executive orders related to rulemaking.               we want to assist small entities in
                                              person is permitted to enter the                        Below we summarize our analyses                       understanding this rule. If the rule
                                              regulated area without obtaining                        based on a number of these statutes and               would affect your small business,
                                              permission from the COTP or a                           Executive orders, and we discuss First                organization, or governmental
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                                              designated representative. A designated                 Amendment rights of protestors.                       jurisdiction and you have questions
                                              representative may be a Patrol                                                                                concerning its provisions or options for
                                              Commander (PATCOM). The PATCOM                          A. Regulatory Planning and Review                     compliance, please contact the person
                                              may be aboard either a Coast Guard or                      Executive Orders 12866 and 13563                   listed in the FOR FURTHER INFORMATION
                                              Coast Guard Auxiliary vessel. The Patrol                direct agencies to assess the costs and               CONTACT section.
                                              Commander may be contacted on                           benefits of available regulatory                         Small businesses may send comments
                                              Channel 16 VHF–FM (156.8 MHz) by                        alternatives and, if regulation is                    on the actions of Federal employees


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                                                                   Federal Register / Vol. 83, No. 77 / Friday, April 20, 2018 / Rules and Regulations                                          17491

                                              who enforce, or otherwise determine                     F. Environment                                        this area is prohibited unless authorized
                                              compliance with, Federal regulations to                   We have analyzed this rule under                    by the Captain of the Port Sector Mobile
                                              the Small Business and Agriculture                      Department of Homeland Security                       (COTP) or a designated representative.
                                              Regulatory Enforcement Ombudsman                        Directive 023–01 and Commandant                       A designated representative may be a
                                              and the Regional Small Business                         Instruction M16475.1D, which guide the                Patrol Commander (PATCOM). The
                                              Regulatory Fairness Boards. The                         Coast Guard in complying with the                     PATCOM may be aboard either a Coast
                                              Ombudsman evaluates these actions                                                                             Guard or Coast Guard Auxiliary vessel.
                                                                                                      National Environmental Policy Act of
                                              annually and rates each agency’s                                                                              The Patrol Commander may be
                                                                                                      1969(42 U.S.C. 4321–4370f), and have
                                              responsiveness to small business. If you                                                                      contacted on Channel 16 VHF–FM
                                                                                                      determined that this action is one of a
                                              wish to comment on actions by                                                                                 (156.8 MHz) by the call sign
                                                                                                      category of actions that do not
                                              employees of the Coast Guard, call 1–                                                                         ‘‘PATCOM’’.
                                                                                                      individually or cumulatively have a
                                              888–REG–FAIR (1–888–734–3247). The                                                                               (2) All persons and vessels not
                                                                                                      significant effect on the human
                                              Coast Guard will not retaliate against                                                                        registered with the sponsor as
                                                                                                      environment. This rule involves a
                                              small entities that question or complain                                                                      participants or official patrol vessels are
                                                                                                      special local regulation on Pensacola
                                              about this rule or any policy or action                                                                       considered spectators. The ‘‘official
                                                                                                      Bay extending in a 300 yard radius from
                                              of the Coast Guard.                                                                                           patrol vessels’’ consist of any Coast
                                                                                                      position 30°24′16.4″ N, 87°12′55.2″ W in
                                              C. Collection of Information                            Pensacola, FL. It is categorically                    Guard, state, or local law enforcement
                                                                                                      excluded from further review under                    and sponsor provided vessels assigned
                                                This rule will not call for a new                                                                           or approved by the COTP to patrol the
                                              collection of information under the                     paragraph L61 of Appendix A, Table 1
                                                                                                      of DHS Instruction Manual 023–01–                     regulated area.
                                              Paperwork Reduction Act of 1995 (44                                                                              (3) Spectator vessels desiring to
                                              U.S.C. 3501–3520).                                      001–01, Rev. 01. A Record of
                                                                                                      Environmental Consideration (REC)                     transit the regulated area may do so only
                                              D. Federalism and Indian Tribal                         supporting this determination is                      with prior approval of the COTP or a
                                              Governments                                             available in the docket where indicated               designated representative and when so
                                                 A rule has implications for federalism               under ADDRESSES.                                      directed by that officer will be operated
                                              under Executive Order 13132,                                                                                  at a minimum safe navigation speed in
                                                                                                      G. Protest Activities                                 a manner which will not endanger
                                              Federalism, if it has a substantial direct
                                              effect on the States, on the relationship                 The Coast Guard respects the First                  participants in the regulated area or any
                                              between the national government and                     Amendment rights of protesters.                       other vessels.
                                              the States, or on the distribution of                   Protesters are asked to contact the                      (4) No spectator vessel shall anchor,
                                              power and responsibilities among the                    person listed in the FOR FURTHER                      block, loiter, or impede the through
                                              various levels of government. We have                   INFORMATION CONTACT section to                        transit of participants or official patrol
                                              analyzed this rule under that Order and                 coordinate protest activities so that your            vessels in the regulated area during the
                                              have determined that it is consistent                   message can be received without                       effective dates and times, unless cleared
                                              with the fundamental federalism                         jeopardizing the safety or security of                for entry by or through an official patrol
                                              principles and preemption requirements                  people, places or vessels.                            vessel.
                                              described in Executive Order 13132.                                                                              (5) Any spectator vessel may anchor
                                                                                                      List of Subjects in 33 CFR Part 100                   outside the regulated area, but may not
                                                 Also, this rule does not have tribal
                                              implications under Executive Order                        Marine safety, Navigation (water),                  anchor in, block, or loiter in a navigable
                                              13175, Consultation and Coordination                    Reporting and recordkeeping                           channel. Spectator vessels may be
                                              with Indian Tribal Governments,                         requirements, Waterways.                              moored to a waterfront facility within
                                              because it does not have a substantial                    For the reasons discussed in the                    the regulated area in such a way that
                                              direct effect on one or more Indian                     preamble, the Coast Guard amends 33                   they shall not interfere with the progress
                                              tribes, on the relationship between the                 CFR part 100 as follows:                              of the event. Such mooring must be
                                              Federal Government and Indian tribes,                                                                         complete at least 30 minutes prior to the
                                              or on the distribution of power and                     PART 100—SAFETY OF LIFE ON                            establishment of the regulated area and
                                              responsibilities between the Federal                    NAVIGABLE WATERS                                      remain moored through the duration of
                                              Government and Indian tribes. If you                                                                          the event.
                                              believe this rule has implications for                  ■ 1. The authority citation for part 100                 (6) The COTP or a designated
                                              federalism or Indian tribes, please                     continues to read as follows:                         representative may forbid and control
                                              contact the person listed in the FOR                        Authority: 33 U.S.C. 1233; 33 CFR 1.05–1.         the movement of all vessels in the
                                              FURTHER INFORMATION CONTACT section                     ■ 2. Add § 100.35T08–0103 to read as                  regulated area. When hailed or signaled
                                              above.                                                  follows:                                              by an official patrol vessel, a vessel shall
                                                                                                                                                            come to an immediate stop and comply
                                              E. Unfunded Mandates Reform Act                         § 100.35T08–0103 Special Local                        with the directions given. Failure to do
                                                The Unfunded Mandates Reform Act                      Regulation; Pensacola Bay, Pensacola, FL.             so may result in expulsion from the
                                              of 1995 (2 U.S.C. 1531–1538) requires                      (a) Regulated area. All navigable                  area, citation for failure to comply, or
                                              Federal agencies to assess the effects of               waters of Pensacola Bay extending in a                both.
                                              their discretionary regulatory actions. In              300 yard radius from position                            (7) The COTP or a designated
                                              particular, the Act addresses actions                   30°24′16.4″ N, 87°12′55.2″ W in                       representative may terminate the event
                                              that may result in the expenditure by a                 Pensacola, FL.                                        or the operation of any vessel at any
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                                              State, local, or tribal government, in the                 (b) Enforcement period. This section               time it is deemed necessary for the
                                              aggregate, or by the private sector of                  will be enforced from 4 a.m. through 10               protection of life or property.
                                              $100,000,000 (adjusted for inflation) or                a.m. on April 29, 2018.                                  (8) The COTP or a designated
                                              more in any one year. Though this rule                     (c) Special local regulations. (1) In              representative will terminate
                                              will not result in such an expenditure,                 accordance with the general regulations               enforcement of the special local
                                              we do discuss the effects of this rule                  in § 100.801 of this part, entry into,                regulations at the conclusion of the
                                              elsewhere in this preamble.                             transit within or through, or exit from               event.


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                                              17492                Federal Register / Vol. 83, No. 77 / Friday, April 20, 2018 / Rules and Regulations

                                                (d) Informational broadcasts. The                     temporary deviation from the current                  from the operating regulations is
                                              COTP or a designated representative                     operating regulation that governs the                 authorized under 33 CFR 117.35.
                                              will inform the public through                          Southern Boulevard (SR 700/80) Bridge
                                                                                                                                                            Barry L. Dragon,
                                              Broadcast Notices to Mariners of the                    across the Atlantic Intracoastal
                                                                                                                                                            Director, Bridge Branch, Seventh Coast Guard
                                              enforcement period for the temporary                    Waterway, mile 1024.7, at Palm Beach,
                                                                                                                                                            District.
                                              special local regulation as well as any                 FL. The deviation is necessary to
                                                                                                                                                            [FR Doc. 2018–08260 Filed 4–19–18; 8:45 am]
                                              changes in the planned schedule.                        facilitate the installation of a temporary
                                                                                                                                                            BILLING CODE 9110–04–P
                                                Dated: April 16, 2018.                                lift bridge adjacent to the existing
                                              M.R. Mclellan,                                          bascule bridge, which will be used
                                              Captain, U.S. Coast Guard, Captain of the               during the bridge replacement of the
                                                                                                                                                            DEPARTMENT OF HOMELAND
                                              Port Sector Mobile.                                     Southern Boulevard Bridge. The
                                                                                                                                                            SECURITY
                                              [FR Doc. 2018–08314 Filed 4–19–18; 8:45 am]
                                                                                                      existing bridge is a double-leaf bascule
                                                                                                      bridge with a vertical clearance of 14                Coast Guard
                                              BILLING CODE 9110–04–P
                                                                                                      feet at mean high water in the closed to
                                                                                                      navigation position. The temporary lift               33 CFR Part 117
                                              DEPARTMENT OF HOMELAND                                  bridge will have a vertical clearance of
                                                                                                      14 feet in the closed position and 65 feet            [Docket No. USCG–2018–0199]
                                              SECURITY
                                                                                                      in the lifted position at mean high                   Drawbridge Operation Regulation;
                                              Coast Guard                                             water.                                                Willamette River, Portland, OR
                                                                                                         The existing bridge operating
                                              33 CFR Part 117                                         regulation is set out in 33 CFR                       AGENCY: Coast Guard, DHS.
                                              [Docket No. USCG–2018–0342]
                                                                                                      117.261(w). Under this temporary                      ACTION:Notice of deviation from
                                                                                                      deviation, the bridge will remain in the              drawbridge regulation.
                                              Drawbridge Operation Regulation;                        closed to navigation position from 7
                                                                                                      a.m. on April 10, 2018 through 6 p.m.                 SUMMARY:    The Coast Guard has issued a
                                              Atlantic Intracoastal Waterway, Palm
                                                                                                      on April 16, 2018. From 6:01 p.m. on                  temporary deviation from the operating
                                              Beach, FL
                                                                                                      April 16, 2018 through 6 p.m. on April                schedule that governs the Broadway
                                              AGENCY: Coast Guard, DHS.                               30, 2018, both the existing bascule                   Bridge across the Willamette River, mile
                                              ACTION:Notice of deviation from                         bridge and the temporary lift bridge will             11.7, at Portland, OR. The deviation is
                                              drawbridge regulation.                                  open with a four (4) hour advanced                    necessary to accommodate the Portland
                                                                                                      notice to the bridge tender. The vertical             Race for the Roses event. This deviation
                                              SUMMARY:   The Coast Guard has issued a                                                                       allows the bridge to remain in the
                                                                                                      clearance will be reduced to 65 feet
                                              temporary deviation from the operating                                                                        closed-to-navigation position to
                                                                                                      until the completion of the bridge
                                              schedule that governs the Southern                                                                            facilitate the safe movement of event
                                                                                                      replacement project.
                                              Boulevard (SR 700/80) Bridge across the                                                                       participants across the bridge.
                                              Atlantic Intracoastal Waterway, mile                       The Atlantic Intracoastal Waterway is
                                                                                                      used by a variety of vessels including                DATES: This deviation is effective from
                                              1024.7, at Palm Beach, FL. The                                                                                5 a.m. to Noon on April 29, 2018.
                                              deviation is necessary to accommodate                   U.S. government vessels, small
                                                                                                      commercial vessels, recreational vessels              ADDRESSES: The docket for this
                                              the installation of a temporary lift                                                                          deviation, USCG–2018–0199, is
                                              bridge. This deviation allows the bridge                and tugs and barge traffic. The Coast
                                                                                                      Guard has carefully considered the                    available at http://www.regulations.gov.
                                              to remain closed to navigation with                                                                           Type the docket number in the
                                              openings when advanced notice is given                  restrictions with waterway users in
                                                                                                      publishing this temporary deviation.                  ‘‘SEARCH’’ box and click ‘‘SEARCH.’’
                                              during the temporary lift bridge                                                                              Click on Open Docket Folder on the line
                                              installation.                                              For the duration of the temporary lift
                                                                                                      bridge installation, 7 a.m. on April 10,              associated with this deviation.
                                              DATES: This deviation is effective                      2018 through 6 p.m. on April 16, 2018,                FOR FURTHER INFORMATION CONTACT: If
                                              without actual notice from April 20,                    vessels will not be allowed to pass                   you have questions on this temporary
                                              2018 through 6 p.m. on April 30, 2018.                  through the bridge for safety reasons.                deviation, call or email Mr. Steven
                                              For the purposes of enforcement, actual                 From 6:01 p.m. on April 16, 2018                      Fischer, Bridge Administrator,
                                              notice will be used from 7 a.m. on April                through 6 p.m. on April 30, 2018,                     Thirteenth Coast Guard District;
                                              10, 2018, until April 20, 2018.                         vessels able to pass through the bridge               telephone 206–220–7282, email
                                              ADDRESSES: The docket for this                          in the closed position may do so at any               Steven.M.Fischer@uscg.mil.
                                              deviation, USCG–2018–0342 is available                  time. The bridge will not be able to open             SUPPLEMENTARY INFORMATION:
                                              at http://www.regulations.gov. Type the                 for emergencies and there is no                       Multnomah County, the bridge owner,
                                              docket number in the ‘‘SEARCH’’ box                     immediate alternate route for vessels to              requested the Broadway Bridge be
                                              and click ‘‘SEARCH’’. Click on Open                     pass.                                                 allowed to remain in closed-to-
                                              Docket Folder on the line associated                       The Coast Guard will also inform the               navigation position to vessel traffic to
                                              with this deviation.                                    users of the waterways through our                    facilitate the safe, uninterrupted
                                              FOR FURTHER INFORMATION CONTACT: If                     Local and Broadcast Notices to Mariners               roadway passage of participants in the
                                              you have questions on this temporary                    of the change in operating schedule for               Portland Race for the Roses event. The
                                              deviation, call or email LT Ruth                        the bridge so that vessel operators can               Broadway Bridge crosses the Willamette
                                              Sadowitz, U.S. Coast Guard Sector                       arrange their transits to minimize any                River at mile 11.7, and provides 90 feet
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                                              Miami, Waterways Management                             impact caused by the temporary                        of vertical clearance above Columbia
                                              Division; telephone 305–535–4307,                       deviation.                                            River Datum 0.0 while in the closed-to-
                                              email ruth.a.sadowitz@uscg.mil.                            In accordance with 33 CFR 117.35(e),               navigation position. This bridge
                                              SUPPLEMENTARY INFORMATION: Johnson                      the drawbridge must return to its regular             operates in accordance with 33 CFR
                                              Bros. Corporation, on behalf of the                     operating schedule immediately at the                 117.897. This deviation allows the
                                              bridge owner, Florida Department of                     end of the effective period of this                   Broadway Bridge to not open to marine
                                              Transportation, has requested a                         temporary deviation. This deviation                   vessels from 5 a.m. to Noon (12 p.m.) on


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Document Created: 2018-04-20 00:02:36
Document Modified: 2018-04-20 00:02:36
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionTemporary final rule.
DatesThis rule is effective from 4 a.m. through 10 a.m. April 29, 2018.
ContactIf 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]
FR Citation83 FR 17489 
RIN Number1625-AA08
CFR AssociatedMarine Safety; Navigation (water); Reporting and Recordkeeping Requirements and Waterways

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