83_FR_29132 83 FR 29011 - Safety Zone; Unexploded Ordnance Detonation, Gulf of Mexico,Pensacola, FL

83 FR 29011 - Safety Zone; Unexploded Ordnance Detonation, Gulf of Mexico,Pensacola, FL

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 83, Issue 121 (June 22, 2018)

Page Range29011-29013
FR Document2018-13433

The Coast Guard is establishing a temporary safety zone for certain navigable waters of the Gulf of Mexico near Fort Pickens in Pensacola, FL. This temporary safety zone is necessary to protect persons, vessels, and the marine environment from potential hazards associated with the detonation of unexploded ordnance. Entry into this zone is prohibited to all vessels and persons unless authorized by the Captain of the Port Sector Mobile or a designated representative.

Federal Register, Volume 83 Issue 121 (Friday, June 22, 2018)
[Federal Register Volume 83, Number 121 (Friday, June 22, 2018)]
[Rules and Regulations]
[Pages 29011-29013]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-13433]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2018-0531]
RIN 1625-AA00


Safety Zone; Unexploded Ordnance Detonation, Gulf of Mexico, 
Pensacola, FL

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone for 
certain navigable waters of the Gulf of Mexico near Fort Pickens in 
Pensacola, FL. This temporary safety zone is necessary to protect 
persons, vessels, and the marine environment from potential hazards 
associated with the detonation of unexploded ordnance. Entry into this 
zone is prohibited to all vessels and persons unless authorized by the 
Captain of the Port Sector Mobile or a designated representative.

DATES: This rule is effective without actual notice from June 22, 2018 
through June 30, 2018. For purposes of enforcement, actual notice will 
be used from June 14, 2018 through June 22, 2018.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2018-0531 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

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

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

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

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary final rule without prior 
notice and opportunity to comment pursuant to authority under section 
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b)(3)(B), the Coast Guard finds that 
good cause exists for not publishing a notice of proposed rulemaking 
(NPRM) with respect to this rule because it is impracticable and 
contrary to the public interest. It is impracticable to publish an NPRM 
because we must enforce this safety zone starting June 14, 2018 and 
lack sufficient time to provide a reasonable comment period and then 
consider those comments before issuing the rule. It is also contrary to 
the public interest as it would delay the safety measures necessary to 
protect persons, vessels, and the marine environment from the potential 
hazards associated with the detonation of unexploded ordnance.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register. Delaying the effective date of 
this rule is contrary to public interest because it would delay the 
safety measures necessary to protect persons, vessels, and the marine 
environment from the potential hazards associated with the detonation 
of unexploded ordnance.
    The United States Army Corps of Engineers is conducting a Remedial 
Investigation/Feasibility Study for the Fort Pickens Munitions Response 
Site 01--Range Complex, located in Escambia County, Florida. The site, 
which is located along the western tip of Santa Rosa Island and extends 
south into the Gulf of Mexico, was used for coastal defense from before 
the Civil War until after World War II. There is a potential that the 
marine investigation may encounter munitions that will require in-water 
detonation to address potential explosive hazards. The safety zone will 
encompass a 1,000 yard square area detonation area surrounded by a 
1,200 yard buffer area. The United States Army Corps of Engineers will 
be responsible for the detonation of ordnance within the safety zone.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231. The Captain of the Port Sector Mobile (COTP) has determined that 
potential hazards associated with the detonation of unexploded ordnance 
beginning on June 14, 2018 will be a safety concern for any vessels or 
persons on the Gulf of Mexico near Fort Pickens in Pensacola, FL. This 
rule is necessary to protect persons, vessels, and the marine 
environment from the potential hazards associated with the detonation 
of unexploded ordnance.

IV. Discussion of the Rule

    This rule establishes a temporary safety zone from June 14, 2018 
through June 30, 2018. The safety zone will cover all navigable waters 
of the Gulf of Mexico within the approximate positions 
30[deg]17'47.65'' N, 87[deg]21'36.5'' W; 30[deg]17'47.65'' N, 
87[deg]19'39.8'' W; 30[deg]16'6.35'' N, 87[deg]19'39.8'' W; and 
30[deg]16'6.35'' N, 87[deg]21'36.5'' W near Fort Pickens in Pensacola, 
FL. The safety zone will encompass a 1,000 yard square area detonation 
area surrounded by a 1,200 yard buffer area. A chart depicting the area 
is included in the docket where indicated under ADDRESSES.
    The duration of this safety zone is intended to protect persons, 
vessels, and the marine environment, and will only be enforced if and 
when the detonation of unexploded ordnance is necessary. No person or 
vessel will be permitted to enter or transit within the safety zone 
during periods of enforcement unless authorized by the COTP or a 
designated representative. The periods of

[[Page 29012]]

enforcement will be one hour prior to, during, and after any ordnance 
exploding operations. The Coast Guard was informed that the operations 
would take place during daylight hours only. A law enforcement vessel 
will coordinate all vessel traffic during the enforcement periods. The 
COTP or a designated representative will inform the public through 
Broadcast Notices to Mariners (BNMs), Local Notices to Mariners (LNMs), 
and/or Marine Safety Information Bulletins (MSIBs) at least 3 hours in 
advance of each enforcement period.
    Entry into the temporary safety zone is prohibited unless 
authorized by the COTP or a designated representative. A designated 
representative is a commissioned, warrant, or petty officer of the U.S. 
Coast Guard assigned to units under the operational control of USCG 
Sector Mobile. Vessels requiring entry into this safety zone must 
request permission from the COTP or a designated representative. They 
may be contacted on VHF-FM channel 16 or by telephone at 251-441-5976. 
The COTP or a designated representative will inform the public of the 
enforcement periods of this safety zone through BNMs, LNMs, and/or 
MSIBs as appropriate.

V. Regulatory Analyses

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

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. Executive Order 13771 directs agencies to control 
regulatory costs through a budgeting process. This rule has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, this rule has not been reviewed by the Office of 
Management and Budget (OMB), and pursuant to OMB guidance it is exempt 
from the requirements of Executive Order 13771.
    This regulatory determination is based on the size, location, and 
duration of the temporary safety zone. Vessel traffic will be able to 
safely transit around this safety zone which would impact a small 
designated area of the Gulf of Mexico only as necessary for the 
detonation of ordnance during a two and half week period. Moreover, the 
Coast Guard will issue a BNMs via VHF-FM marine channel 16 about the 
zone, and the rule allows vessels to seek permission to enter the zone.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, requires Federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule 
will not have a significant economic impact on a substantial number of 
small entities.
    While some owners or operators of vessels intending to transit the 
temporary safety zone may be small entities, for the reasons stated in 
section V.A above, this rule will not have a significant economic 
impact on any vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this rule. If the rule would affect your 
small business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

C. Collection of Information

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

D. Federalism and Indian Tribal Governments

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

E. Unfunded Mandates Reform Act

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

F. Environment

    We have analyzed this rule under Department of Homeland Security 
Directive 023-01 and Commandant Instruction M16475.1D, which guide the 
Coast Guard in complying with the National Environmental Policy Act of 
1969 (42 U.S.C. 4321-4370f), and have determined that this action is 
one of a category of actions that do not individually or cumulatively 
have a significant effect on the human environment. This rule involves 
a temporary safety zone that will prohibit entry on a small designated 
area of the Gulf of Mexico near Fort Pickens in Pensacola, FL only as 
necessary for the detonation of ordnance. It is categorically excluded 
from further review under paragraph L60(a) of Appendix A, Table 1 of 
DHS Instruction

[[Page 29013]]

Manual 023-01-001-01, Rev.01. A Record of Environmental Consideration 
supporting this determination is available in the docket where 
indicated under ADDRESSES.

G. Protest Activities

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

List of Subjects 33 CFR Part 165

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

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1; 6.04-1, 
6.04-6, and 160.5; Department of Homeland Security Delegation No. 
0170.1.

0
2. Add Sec.  165.T08-0531 to read as follows:


Sec.  165.T08-0531  Safety Zone; Unexploded Ordnance Detonation, Gulf 
of Mexico, Pensacola, FL.

    (a) Location. The following area is a safety zone: All navigable 
waters on the Gulf of Mexico within the approximate positions 
30[deg]17'47.65'' N, 87[deg]21'36.5'' W; 30[deg]17'47.65'' N, 
87[deg]19'39.8'' W; 30[deg]16'6.35'' N, 87[deg]19'39.8'' W; and 
30[deg]16'6.35'' N, 87[deg]21'36.5'' W near Fort Pickens in Pensacola, 
FL.
    (b) Effective dates. This section is effective without actual 
notice from June 22, 2018 through June 30, 2018. For purposes of 
enforcement, actual notice will be used from June 14, 2018 through June 
22, 2018.
    (c) Enforcement periods. This section will be enforced during the 
effective period one hour prior to, during, and after any ordnance 
exploding operations. The operations will take place during daylight 
hours only. The Captain of the Port Sector Mobile (COTP) or a 
designated representative will inform the public through Broadcast 
Notices to Mariners (BNMs), Local Notices to Mariners (LNMs), and/or 
Marine Safety Information Bulletins (MSIBs) at least 3 hours in advance 
of each enforcement period. A law enforcement vessel will coordinate 
all vessel traffic during the enforcement periods.
    (d) Regulations. (1) In accordance with the general regulations in 
Sec.  165.23, entry into this zone is prohibited unless authorized by 
the COTP or a designated representative. A designated representative is 
a commissioned, warrant, or petty officer of the U.S. Coast Guard 
assigned to units under the operational control of USCG Sector Mobile.
    (2) Persons or vessels seeking to enter into or transit through the 
zone must request permission from the COTP or a designated 
representative. They may be contacted on VHF-FM channel 16 or by 
telephone at 251-441-5976.
    (3) Persons and vessels permitted to enter this safety zone must 
transit at their slowest safe speed and comply with all lawful 
directions issued by the COTP or the designated representative.
    (e) Informational broadcasts. The COTP or a designated 
representative will inform the public of the enforcement periods of 
this safety zone through BNMs, LNMs, and/or MSIBs as appropriate.

    Dated: June 6, 2018.
M.R. McLellan,
Captain, U.S. Coast Guard, Captain of the Port Sector Mobile.
[FR Doc. 2018-13433 Filed 6-21-18; 8:45 am]
 BILLING CODE 9110-04-P



                                                                  Federal Register / Vol. 83, No. 121 / Friday, June 22, 2018 / Rules and Regulations                                         29011

                                             District Commander‘s designated                         from June 14, 2018 through June 22,                    vessels, and the marine environment
                                             representative.                                         2018.                                                  from the potential hazards associated
                                                (iii) During periods of enforcement,                                                                        with the detonation of unexploded
                                                                                                     ADDRESSES:   To view documents
                                             any vessel or person transiting through                                                                        ordnance.
                                                                                                     mentioned in this preamble as being
                                             the safety zone must comply with all                                                                              The United States Army Corps of
                                                                                                     available in the docket, go to http://
                                             orders and directions from the District                                                                        Engineers is conducting a Remedial
                                                                                                     www.regulations.gov, type USCG–2018–
                                             Commander or the District                                                                                      Investigation/Feasibility Study for the
                                                                                                     0531 in the ‘‘SEARCH’’ box and click
                                             Commander’s designated representative.                                                                         Fort Pickens Munitions Response Site
                                                (d) Enforcement periods. This section                ‘‘SEARCH.’’ Click on Open Docket                       01—Range Complex, located in
                                             will be subject to enforcement from                     Folder on the line associated with this                Escambia County, Florida. The site,
                                             noon on June 12, 2018, to 11:59 p.m. on                 rule.                                                  which is located along the western tip
                                             June 17, 2018; from 6 a.m. on July 15,                  FOR FURTHER INFORMATION CONTACT: If                    of Santa Rosa Island and extends south
                                             2018, to 11:59 p.m. on July 28, 2018,                   you have questions on this rule, call or               into the Gulf of Mexico, was used for
                                             and at other times during the effective                 email Lieutenant Kyle D. Berry, Sector                 coastal defense from before the Civil
                                             period of this rule when the COTP New                   Mobile Waterways Management                            War until after World War II. There is
                                             York issues a notice of enforcement to                  Division, U.S. Coast Guard; telephone                  a potential that the marine investigation
                                             be published in the Federal Register. In                251–441–5940, email Kyle.D.Berry@                      may encounter munitions that will
                                             addition the COTP New York will                         uscg.mil.                                              require in-water detonation to address
                                             provide notice by Broadcast Notice to                   SUPPLEMENTARY INFORMATION:                             potential explosive hazards. The safety
                                             Mariners, Local Notice to Mariners, or                                                                         zone will encompass a 1,000 yard
                                             both, to announce whenever this section                 I. Table of Abbreviations                              square area detonation area surrounded
                                             is subject to enforcement or whenever                   CFR Code of Federal Regulations                        by a 1,200 yard buffer area. The United
                                             an announced enforcement period will                    COTP Captain of the Port Sector Mobile                 States Army Corps of Engineers will be
                                             be suspended. Violations of this                        DHS Department of Homeland Security                    responsible for the detonation of
                                             regulation may be reported to the COTP                  FR Federal Register                                    ordnance within the safety zone.
                                             New York at (718) 354–4353 or on VHF-                   NPRM Notice of proposed rulemaking
                                                                                                     § Section                                              III. Legal Authority and Need for Rule
                                             Channel 16.
                                                                                                     U.S.C. United States Code                                 The Coast Guard is issuing this rule
                                               Dated: June 12, 2018.                                                                                        under authority in 33 U.S.C. 1231. The
                                             A.J. Tiongson,
                                                                                                     II. Background Information and
                                                                                                     Regulatory History                                     Captain of the Port Sector Mobile
                                             Rear Admiral, U.S. Coast Guard, Commander,                                                                     (COTP) has determined that potential
                                             First Coast Guard District.                                The Coast Guard is issuing this                     hazards associated with the detonation
                                             [FR Doc. 2018–13441 Filed 6–21–18; 8:45 am]             temporary final rule without prior                     of unexploded ordnance beginning on
                                             BILLING CODE 9110–04–P                                  notice and opportunity to comment                      June 14, 2018 will be a safety concern
                                                                                                     pursuant to authority under section 4(a)               for any vessels or persons on the Gulf
                                                                                                     of the Administrative Procedure Act                    of Mexico near Fort Pickens in
                                             DEPARTMENT OF HOMELAND                                  (APA) (5 U.S.C. 553(b)). This provision                Pensacola, FL. This rule is necessary to
                                             SECURITY                                                authorizes an agency to issue a rule                   protect persons, vessels, and the marine
                                                                                                     without prior notice and opportunity to                environment from the potential hazards
                                             Coast Guard                                             comment when the agency for good                       associated with the detonation of
                                                                                                     cause finds that those procedures are                  unexploded ordnance.
                                             33 CFR Part 165                                         ‘‘impracticable, unnecessary, or contrary
                                                                                                     to the public interest.’’ Under 5 U.S.C.               IV. Discussion of the Rule
                                             [Docket Number USCG–2018–0531]
                                                                                                     553(b)(3)(B), the Coast Guard finds that                 This rule establishes a temporary
                                             RIN 1625–AA00                                           good cause exists for not publishing a                 safety zone from June 14, 2018 through
                                                                                                     notice of proposed rulemaking (NPRM)                   June 30, 2018. The safety zone will
                                             Safety Zone; Unexploded Ordnance                        with respect to this rule because it is                cover all navigable waters of the Gulf of
                                             Detonation, Gulf of Mexico,                             impracticable and contrary to the public               Mexico within the approximate
                                             Pensacola, FL                                           interest. It is impracticable to publish an            positions 30°17′47.65″ N, 87°21′36.5″ W;
                                             AGENCY:    Coast Guard, DHS.                            NPRM because we must enforce this                      30°17′47.65″ N, 87°19′39.8″ W;
                                             ACTION:   Temporary final rule.                         safety zone starting June 14, 2018 and                 30°16′6.35″ N, 87°19′39.8″ W; and
                                                                                                     lack sufficient time to provide a                      30°16′6.35″ N, 87°21′36.5″ W near Fort
                                             SUMMARY:   The Coast Guard is                           reasonable comment period and then                     Pickens in Pensacola, FL. The safety
                                             establishing a temporary safety zone for                consider those comments before issuing                 zone will encompass a 1,000 yard
                                             certain navigable waters of the Gulf of                 the rule. It is also contrary to the public            square area detonation area surrounded
                                             Mexico near Fort Pickens in Pensacola,                  interest as it would delay the safety                  by a 1,200 yard buffer area. A chart
                                             FL. This temporary safety zone is                       measures necessary to protect persons,                 depicting the area is included in the
                                             necessary to protect persons, vessels,                  vessels, and the marine environment                    docket where indicated under
                                             and the marine environment from                         from the potential hazards associated                  ADDRESSES.
                                             potential hazards associated with the                   with the detonation of unexploded                        The duration of this safety zone is
                                             detonation of unexploded ordnance.                      ordnance.                                              intended to protect persons, vessels, and
                                             Entry into this zone is prohibited to all                  Under 5 U.S.C. 553(d)(3), the Coast                 the marine environment, and will only
                                             vessels and persons unless authorized                   Guard finds that good cause exists for                 be enforced if and when the detonation
daltland on DSKBBV9HB2PROD with RULES




                                             by the Captain of the Port Sector Mobile                making this rule effective less than 30                of unexploded ordnance is necessary.
                                             or a designated representative.                         days after publication in the Federal                  No person or vessel will be permitted to
                                             DATES: This rule is effective without                   Register. Delaying the effective date of               enter or transit within the safety zone
                                             actual notice from June 22, 2018                        this rule is contrary to public interest               during periods of enforcement unless
                                             through June 30, 2018. For purposes of                  because it would delay the safety                      authorized by the COTP or a designated
                                             enforcement, actual notice will be used                 measures necessary to protect persons,                 representative. The periods of


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                                             29012                Federal Register / Vol. 83, No. 121 / Friday, June 22, 2018 / Rules and Regulations

                                             enforcement will be one hour prior to,                  and half week period. Moreover, the                    D. Federalism and Indian Tribal
                                             during, and after any ordnance                          Coast Guard will issue a BNMs via                      Governments
                                             exploding operations. The Coast Guard                   VHF–FM marine channel 16 about the                        A rule has implications for federalism
                                             was informed that the operations would                  zone, and the rule allows vessels to seek              under Executive Order 13132,
                                             take place during daylight hours only. A                permission to enter the zone.                          Federalism, if it has a substantial direct
                                             law enforcement vessel will coordinate                                                                         effect on the States, on the relationship
                                             all vessel traffic during the enforcement               B. Impact on Small Entities
                                                                                                                                                            between the national government and
                                             periods. The COTP or a designated
                                                                                                        The Regulatory Flexibility Act of                   the States, or on the distribution of
                                             representative will inform the public
                                                                                                     1980, 5 U.S.C. 601–612, as amended,                    power and responsibilities among the
                                             through Broadcast Notices to Mariners
                                                                                                     requires Federal agencies to consider                  various levels of government. We have
                                             (BNMs), Local Notices to Mariners
                                                                                                     the potential impact of regulations on                 analyzed this rule under that Order and
                                             (LNMs), and/or Marine Safety
                                                                                                     small entities during rulemaking. The                  have determined that it is consistent
                                             Information Bulletins (MSIBs) at least 3
                                                                                                     term ‘‘small entities’’ comprises small                with the fundamental federalism
                                             hours in advance of each enforcement
                                                                                                     businesses, not-for-profit organizations               principles and preemption requirements
                                             period.
                                                Entry into the temporary safety zone                 that are independently owned and                       described in Executive Order 13132.
                                             is prohibited unless authorized by the                  operated and are not dominant in their                    Also, this rule does not have tribal
                                             COTP or a designated representative. A                  fields, and governmental jurisdictions                 implications under Executive Order
                                             designated representative is a                          with populations of less than 50,000.                  13175, Consultation and Coordination
                                             commissioned, warrant, or petty officer                 The Coast Guard certifies under 5 U.S.C.               with Indian Tribal Governments,
                                             of the U.S. Coast Guard assigned to                     605(b) that this rule will not have a                  because it does not have a substantial
                                             units under the operational control of                  significant economic impact on a                       direct effect on one or more Indian
                                             USCG Sector Mobile. Vessels requiring                   substantial number of small entities.                  tribes, on the relationship between the
                                             entry into this safety zone must request                                                                       Federal Government and Indian tribes,
                                                                                                        While some owners or operators of                   or on the distribution of power and
                                             permission from the COTP or a
                                                                                                     vessels intending to transit the                       responsibilities between the Federal
                                             designated representative. They may be
                                                                                                     temporary safety zone may be small                     Government and Indian tribes. If you
                                             contacted on VHF–FM channel 16 or by
                                             telephone at 251–441–5976. The COTP                     entities, for the reasons stated in section            believe this rule has implications for
                                             or a designated representative will                     V.A above, this rule will not have a                   federalism or Indian tribes, please
                                             inform the public of the enforcement                    significant economic impact on any                     contact the person listed in the FOR
                                             periods of this safety zone through                     vessel owner or operator.                              FURTHER INFORMATION CONTACT section
                                             BNMs, LNMs, and/or MSIBs as                                Under section 213(a) of the Small                   above.
                                             appropriate.                                            Business Regulatory Enforcement                        E. Unfunded Mandates Reform Act
                                                                                                     Fairness Act of 1996 (Pub. L. 104–121),
                                             V. Regulatory Analyses                                                                                           The Unfunded Mandates Reform Act
                                                                                                     we want to assist small entities in
                                               We developed this rule after                                                                                 of 1995 (2 U.S.C. 1531–1538) requires
                                                                                                     understanding this rule. If the rule
                                             considering numerous statutes and                                                                              Federal agencies to assess the effects of
                                                                                                     would affect your small business,
                                             Executive orders related to rulemaking.                                                                        their discretionary regulatory actions. In
                                                                                                     organization, or governmental
                                             Below we summarize our analyses                                                                                particular, the Act addresses actions
                                                                                                     jurisdiction and you have questions                    that may result in the expenditure by a
                                             based on a number of these statutes and                 concerning its provisions or options for
                                             Executive orders, and we discuss First                                                                         State, local, or tribal government, in the
                                                                                                     compliance, please contact the person                  aggregate, or by the private sector of
                                             Amendment rights of protectors.
                                                                                                     listed in the FOR FURTHER INFORMATION                  $100,000,000 (adjusted for inflation) or
                                             A. Regulatory Planning and Review                       CONTACT section.                                       more in any one year. Though this rule
                                                Executive Orders 12866 and 13563                        Small businesses may send comments                  will not result in such expenditure, we
                                             direct agencies to assess the costs and                 on the actions of Federal employees                    do discuss the effects of this rule
                                             benefits of available regulatory                        who enforce, or otherwise determine                    elsewhere in this preamble.
                                             alternatives and, if regulation is                      compliance with, Federal regulations to                F. Environment
                                             necessary, to select regulatory                         the Small Business and Agriculture
                                             approaches that maximize net benefits.                  Regulatory Enforcement Ombudsman                         We have analyzed this rule under
                                             Executive Order 13771 directs agencies                  and the Regional Small Business                        Department of Homeland Security
                                             to control regulatory costs through a                   Regulatory Fairness Boards. The                        Directive 023–01 and Commandant
                                             budgeting process. This rule has not                    Ombudsman evaluates these actions                      Instruction M16475.1D, which guide the
                                             been designated a ‘‘significant                         annually and rates each agency’s                       Coast Guard in complying with the
                                             regulatory action,’’ under Executive                    responsiveness to small business. If you               National Environmental Policy Act of
                                             Order 12866. Accordingly, this rule has                 wish to comment on actions by                          1969 (42 U.S.C. 4321–4370f), and have
                                             not been reviewed by the Office of                                                                             determined that this action is one of a
                                                                                                     employees of the Coast Guard, call 1–
                                             Management and Budget (OMB), and                                                                               category of actions that do not
                                                                                                     888–REG–FAIR (1–888–734–3247). The
                                             pursuant to OMB guidance it is exempt                                                                          individually or cumulatively have a
                                                                                                     Coast Guard will not retaliate against
                                             from the requirements of Executive                                                                             significant effect on the human
                                                                                                     small entities that question or complain               environment. This rule involves a
                                             Order 13771.
                                                This regulatory determination is                     about this rule or any policy or action                temporary safety zone that will prohibit
                                             based on the size, location, and duration               of the Coast Guard.                                    entry on a small designated area of the
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                                             of the temporary safety zone. Vessel                    C. Collection of Information                           Gulf of Mexico near Fort Pickens in
                                             traffic will be able to safely transit                                                                         Pensacola, FL only as necessary for the
                                             around this safety zone which would                       This rule will not call for a new                    detonation of ordnance. It is
                                             impact a small designated area of the                   collection of information under the                    categorically excluded from further
                                             Gulf of Mexico only as necessary for the                Paperwork Reduction Act of 1995 (44                    review under paragraph L60(a) of
                                             detonation of ordnance during a two                     U.S.C. 3501–3520).                                     Appendix A, Table 1 of DHS Instruction


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                                                                  Federal Register / Vol. 83, No. 121 / Friday, June 22, 2018 / Rules and Regulations                                         29013

                                             Manual 023–01–001–01, Rev.01. A                         enforcement vessel will coordinate all                 170.401(c)(3)(i)–(xxiii) and
                                             Record of Environmental Consideration                   vessel traffic during the enforcement                  170.501(c)(3)(i)–(xiv) no later than
                                             supporting this determination is                        periods.                                               December 19, 2018.
                                             available in the docket where indicated                   (d) Regulations. (1) In accordance                   FOR FURTHER INFORMATION CONTACT:      EPA
                                             under ADDRESSES.                                        with the general regulations in § 165.23,              is not requesting, and does not expect to
                                                                                                     entry into this zone is prohibited unless              receive, comments on this notification
                                             G. Protest Activities
                                                                                                     authorized by the COTP or a designated                 of availability. Questions should be
                                               The Coast Guard respects the First                    representative. A designated                           directed to: Jennifer Park, Field and
                                             Amendment rights of protesters.                         representative is a commissioned,                      External Affairs Division (7506P), Office
                                             Protesters are asked to contact the                     warrant, or petty officer of the U.S.                  of Pesticide Programs, Environmental
                                             person listed in the FOR FURTHER                        Coast Guard assigned to units under the                Protection Agency, 1200 Pennsylvania
                                             INFORMATION CONTACT section to                          operational control of USCG Sector                     Ave. NW, Washington, DC 20460–0001;
                                             coordinate protest activities so that your              Mobile.                                                telephone number: (703) 347–0121;
                                             message can be received without                            (2) Persons or vessels seeking to enter             email address: Park.Jennifer@epa.gov.
                                             jeopardizing the safety or security of                  into or transit through the zone must                  SUPPLEMENTARY INFORMATION:
                                             people, places or vessels.                              request permission from the COTP or a
                                                                                                     designated representative. They may be                 I. General Information
                                             List of Subjects 33 CFR Part 165
                                                                                                     contacted on VHF–FM channel 16 or by                   A. Does this action apply to me?
                                               Harbors, Marine safety, Navigation                    telephone at 251–441–5976.
                                             (water), Reporting and recordkeeping                       (3) Persons and vessels permitted to                  You may be potentially affected by
                                             requirements, Security measures,                        enter this safety zone must transit at                 this action if you work in or employ
                                             Waterways.                                              their slowest safe speed and comply                    persons working in crop production
                                               For the reasons discussed in the                      with all lawful directions issued by the               agriculture where pesticides are
                                             preamble, the Coast Guard amends 33                     COTP or the designated representative.                 applied. The following list of North
                                             CFR part 165 as follows:                                   (e) Informational broadcasts. The                   American Industrial Classification
                                                                                                     COTP or a designated representative                    System (NAICS) codes is not intended
                                             PART 165—REGULATED NAVIGATION                           will inform the public of the                          to be exhaustive, but rather provides a
                                             AREAS AND LIMITED ACCESS AREAS                          enforcement periods of this safety zone                guide to help readers determine whether
                                                                                                     through BNMs, LNMs, and/or MSIBs as                    this document applies to them.
                                             ■ 1. The authority citation for part 165                                                                       Potentially affected entities may
                                                                                                     appropriate.
                                             continues to read as follows:                                                                                  include:
                                               Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
                                                                                                       Dated: June 6, 2018.                                   • Agricultural Establishments (NAICS
                                             33 CFR 1.05–1; 6.04–1, 6.04–6, and 160.5;               M.R. McLellan,                                         code 111000), e.g., establishments or
                                             Department of Homeland Security Delegation              Captain, U.S. Coast Guard, Captain of the              persons, such as farms, orchards, groves,
                                             No. 0170.1.                                             Port Sector Mobile.                                    greenhouses, and nurseries, primarily
                                             ■ 2. Add § 165.T08–0531 to read as                      [FR Doc. 2018–13433 Filed 6–21–18; 8:45 am]            engaged in growing crops, plants, vines,
                                             follows:                                                BILLING CODE 9110–04–P                                 or trees and their seeds.
                                                                                                                                                              • Nursery and Tree Production
                                             § 165.T08–0531 Safety Zone; Unexploded                                                                         (NAICS code 111421), e.g.,
                                             Ordnance Detonation, Gulf of Mexico,                                                                           establishments or persons primarily
                                             Pensacola, FL.                                          ENVIRONMENTAL PROTECTION
                                                                                                     AGENCY                                                 engaged in (1) growing nursery
                                                (a) Location. The following area is a                                                                       products, nursery stock, shrubbery,
                                             safety zone: All navigable waters on the                40 CFR Part 170                                        bulbs, fruit stock, sod, and so forth,
                                             Gulf of Mexico within the approximate                                                                          under cover or in open fields and/or (2)
                                             positions 30°17′47.65″ N, 87°21′36.5″ W;                [EPA–HQ–OPP–2011–0184; FRL–9979–50]                    growing short rotation woody trees with
                                             30°17′47.65″ N, 87°19′39.8″ W;                          RIN 2070–AJ22                                          a growth and harvest cycle of 10 years
                                             30°16′6.35″ N, 87°19′39.8″ W; and                                                                              or less for pulp or tree stock.
                                             30°16′6.35″ N, 87°21′36.5″ W near Fort                  Pesticides; Agricultural Worker                          • Timber Tract Operations (NAICS
                                             Pickens in Pensacola, FL.                               Protection Standard; Notification of                   code 113110), e.g., establishments or
                                                (b) Effective dates. This section is                 Availability                                           persons primarily engaged in the
                                             effective without actual notice from                                                                           operation of timber tracts for the
                                             June 22, 2018 through June 30, 2018.                    AGENCY: Environmental Protection                       purpose of selling standing timber.
                                             For purposes of enforcement, actual                     Agency (EPA).                                            • Forest Nurseries and Gathering of
                                             notice will be used from June 14, 2018                  ACTION: Notification of availability.                  Forest Products (NAICS code 113210),
                                             through June 22, 2018.                                                                                         e.g., establishments or persons primarily
                                                (c) Enforcement periods. This section                SUMMARY:    EPA is announcing the                      engaged in (1) growing trees for
                                             will be enforced during the effective                   availability of training materials                     reforestation and/or (2) gathering forest
                                             period one hour prior to, during, and                   covering the expanded training content                 products, such as gums, barks, balsam
                                             after any ordnance exploding                            required by the Federal Insecticide,                   needles, rhizomes, fibers, Spanish moss,
                                             operations. The operations will take                    Fungicide and Rodenticide Act Worker                   ginseng, and truffles.
                                             place during daylight hours only. The                   Protection Standard (WPS) for both                       • Farm Workers (NAICS codes 11511,
                                             Captain of the Port Sector Mobile                       agricultural workers and pesticide                     115112, and 115114), e.g.,
                                             (COTP) or a designated representative                   handlers. The publication of this                      establishments or persons primarily
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                                             will inform the public through                          notification of availability triggers the              engaged in providing support activities
                                             Broadcast Notices to Mariners (BNMs),                   WPS requirement that training programs                 for growing crops; establishments or
                                             Local Notices to Mariners (LNMs), and/                  must include all of the topics specified               persons primarily engaged in
                                             or Marine Safety Information Bulletins                  in the 2015 revisions to the WPS.                      performing a soil preparation activity or
                                             (MSIBs) at least 3 hours in advance of                  DATES: Training programs must include                  crop production service, such as
                                             each enforcement period. A law                          all of the topics specified in 40 CFR                  plowing, fertilizing, seed bed


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Document Created: 2018-11-06 09:50:55
Document Modified: 2018-11-06 09:50:55
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 without actual notice from June 22, 2018 through June 30, 2018. For purposes of enforcement, actual notice will be used from June 14, 2018 through June 22, 2018.
ContactIf you have questions on this rule, call or email Lieutenant Kyle D. Berry, Sector Mobile Waterways Management Division, U.S. Coast Guard; telephone 251-441-5940, email [email protected]
FR Citation83 FR 29011 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (Water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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