83_FR_6997 83 FR 6964 - Safety Zone; Santa Rosa Sound, Pensacola Beach, FL

83 FR 6964 - Safety Zone; Santa Rosa Sound, Pensacola Beach, FL

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 83, Issue 33 (February 16, 2018)

Page Range6964-6966
FR Document2018-03228

The Coast Guard is establishing a temporary safety zone for the navigable waters within a 500 yard radius of the Kokosing Cable Lay Barge on the Santa Rosa Sound, Pensacola Beach, FL. This temporary safety zone is necessary to provide for the safety of life and property on these navigable waters during a power cable laying project taking place on the waterway. Entry into or transiting in this zone is prohibited to all vessels, mariners, and persons unless specifically authorized by the Captain of the Port Sector Mobile (COTP) or a designated representative.

Federal Register, Volume 83 Issue 33 (Friday, February 16, 2018)
[Federal Register Volume 83, Number 33 (Friday, February 16, 2018)]
[Rules and Regulations]
[Pages 6964-6966]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-03228]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2018-0061]
RIN 1625-AA00


Safety Zone; Santa Rosa Sound, Pensacola Beach, FL

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for 
the navigable waters within a 500 yard radius of the Kokosing Cable Lay 
Barge on the Santa Rosa Sound, Pensacola Beach, FL. This temporary 
safety zone is necessary to provide for the safety of life and property 
on these navigable waters during a power cable laying project taking 
place on the waterway. Entry into or transiting in this zone is 
prohibited to all vessels, mariners, and persons unless specifically 
authorized by the Captain of the Port Sector Mobile (COTP) or a 
designated representative.

DATES: This rule is effective without actual notice from February 16, 
2018 through March 30, 2018. For the purposes of enforcement, actual 
notice will be used from February 10, 2018 through February 16, 2018.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2018-0061 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

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

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

BNM Broadcast Notice to Mariners
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 establish this safety zone by February 10, 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 life and property from the possible hazards associated with the 
power cable laying project.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register. Delaying the effective date of 
this rule is contrary to public interest because it would delay the 
safety measures necessary to respond to potential safety hazards 
associated with this project. Immediate action is needed to protect 
vessels and mariners from the safety hazards associated with the power 
cable laying project on the waterway.

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 power cable laying project from 
February 10, 2018 through March 30, 2018 will be a safety concern for 
any vessels or persons in the vicinity of the Kokosing Cable Lay Barge 
located between positions 30[deg]21'26.0'' N, 87[deg]09'13.0'' W and 
30[deg]20'04.7'' N, 87[deg]08'20.8'' W on the Santa Rosa Sound, 
Pensacola Beach, FL. This rule is needed to protect the public, 
mariners, and vessels from the potential hazards

[[Page 6965]]

associated with a power cable laying project on the waterway.

IV. Discussion of the Rule

    This rule establishes a temporary safety zone encompassing all 
navigable waters within a 500 yard radius of the power cable laying 
project in the vicinity of the Kokosing Cable Lay Barge located between 
positions 30[deg]21'26.0'' N, 87[deg]09'13.0'' W and 30[deg]20'04.7'' 
N, 87[deg]08'20.8'' W from February 10, 2018 through March 30, 2018. 
The location and duration of this safety zone is intended to protect 
persons and vessels during the power cable laying project taking place 
on this navigable waterway. No person or vessel will be permitted to 
enter or transit within the safety zone, unless specifically authorized 
by the COTP or a designated representative. 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. 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. Public notifications will be made to the 
local maritime community prior to the event through Broadcast Notice to 
Mariners (BNM).

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 safety zone. This temporary safety zone will only 
restrict navigation in a 500 yard radius portion of the Santa Rosa 
Sound, in Pensacola Beach, FL for duration of the power cable laying 
project. Moreover, the Coast Guard would issue a Broadcast Notice to 
Mariners (BNM) via VHF-FM marine channel 16 about the zone, and the 
rule would allow 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 
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, which guides the Coast Guard in complying with the 
National Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and 
have determined that this action is one of a category of actions that 
do not individually or cumulatively have a significant effect on the 
human environment. This rule involves a safety zone that will prohibit 
entry within a 500 yard radius of the Kokosing Cable Lay Barge on the 
Santa Rosa Sound. It is categorically excluded from further

[[Page 6966]]

review under paragraph L60(a) 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 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.T08-0061 to read as follows:


Sec.  165.T08-0061  Safety Zone; Santa Rosa Sound, Pensacola Beach, FL.

    (a) Location. The following area is a safety zone: All navigable 
waters within a 500 yard radius of the Kokosing Cable Lay Barge located 
between positions 30[deg]21'26.0'' N, 87[deg]09'13.0'' W and 
30[deg]20'04.7'' N, 87[deg]08'20.8'' W on the Santa Rosa Sound, 
Pensacola Beach, FL.
    (b) Enforcement period. This section will be enforced from February 
10, 2018 through March 30, 2018.
    (c) Regulations. (1) The general regulations contained in Sec.  
165.23 as well as the regulations in this section apply to the 
regulated area.
    (2) Entry into this zone is prohibited unless authorized by the 
Captain of the Port Sector Mobile (COTP) or a designated 
representative. 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.
    (3) Persons or vessels seeking to enter into or transit through the 
zone must request permission from the COTP or a designated 
representative. They may be contacted on VHF-FM channel 16 or by 
telephone at 251-441-5976.
    (4) 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.
    (d) Informational broadcasts. The COTP or a designated 
representative will inform the public through broadcast notices to 
mariners of the enforcement period for the safety zone.

    Dated: February 9, 2018.
M.R. Mclellan,
Captain, U.S. Coast Guard, Captain of the Port Sector Mobile.
[FR Doc. 2018-03228 Filed 2-15-18; 8:45 am]
BILLING CODE 9110-04-P



                                             6964              Federal Register / Vol. 83, No. 33 / Friday, February 16, 2018 / Rules and Regulations

                                             parallel with the George C. Platt                       additionally assisted in the patrol and               COTP Captain of the Port Sector Mobile
                                             Memorial—Penrose Avenue lift-bridge.                    enforcement of the zone by Federal,                   DHS Department of Homeland Security
                                             These coordinates are based on North                    State, and local agencies.                            FR Federal Register
                                             American Datum 83 (NAD83).                                                                                    NPRM Notice of proposed rulemaking
                                                                                                       Dated: February 9, 2018.                            § Section
                                                (b) Definitions. As used in this
                                                                                                     Scott E. Anderson,                                    U.S.C. United States Code
                                             section—
                                                Designated representative means any                  Captain, U. S. Coast Guard, Captain of the
                                                                                                                                                           II. Background Information and
                                             Coast Guard commissioned, warrant or                    Port, Delaware Bay.
                                                                                                                                                           Regulatory History
                                             petty officer who has been designated                   [FR Doc. 2018–03217 Filed 2–15–18; 8:45 am]
                                                                                                                                                              The Coast Guard is issuing this
                                             by the COTP to act on his or her behalf.                BILLING CODE 9110–04–P
                                                                                                                                                           temporary final rule without prior
                                             The designated representative may be
                                             on an official patrol vessel or may be on                                                                     notice and opportunity to comment
                                             shore and will communicate with                         DEPARTMENT OF HOMELAND                                pursuant to authority under section 4(a)
                                             vessels via VHF–FM radio or loudhailer.                 SECURITY                                              of the Administrative Procedure Act
                                             In addition, members of the Coast Guard                                                                       (APA) (5 U.S.C. 553(b)). This provision
                                                                                                     Coast Guard                                           authorizes an agency to issue a rule
                                             Auxiliary may be present to inform
                                             vessel operators of this regulation.                                                                          without prior notice and opportunity to
                                                Official patrol vessel means any Coast               33 CFR Part 165                                       comment when the agency for good
                                             Guard, Coast Guard Auxiliary, State, or                 [Docket Number USCG–2018–0061]                        cause finds that those procedures are
                                             local law enforcement vessel assigned or                                                                      ‘‘impracticable, unnecessary, or contrary
                                                                                                     RIN 1625–AA00                                         to the public interest.’’ Under 5 U.S.C.
                                             approved by the COTP.
                                                Very important person (VIP) means                                                                          553(b)(3)(B), the Coast Guard finds that
                                                                                                     Safety Zone; Santa Rosa Sound,                        good cause exists for not publishing a
                                             any person for whom the United States                   Pensacola Beach, FL
                                             Secret Service requests implementation                                                                        notice of proposed rulemaking (NPRM)
                                             of a security zone in order to                          AGENCY:    Coast Guard, DHS.                          with respect to this rule because it is
                                             supplement protection of said person(s).                ACTION:   Temporary final rule.                       impracticable and contrary to the public
                                                (c) Regulations. (1) In accordance with                                                                    interest. It is impracticable to publish an
                                             the general regulations contained in                    SUMMARY:   The Coast Guard is                         NPRM because we must establish this
                                             § 165.33, entry into or movement within                 establishing a temporary safety zone for              safety zone by February 10, 2018 and
                                             this zone is prohibited unless                          the navigable waters within a 500 yard                lack sufficient time to provide a
                                             authorized by the COTP, Sector                          radius of the Kokosing Cable Lay Barge                reasonable comment period and then
                                             Delaware Bay, or designated                             on the Santa Rosa Sound, Pensacola                    consider those comments before issuing
                                             representative.                                         Beach, FL. This temporary safety zone is              the rule. It is also contrary to the public
                                                (2) Only vessels or people specifically              necessary to provide for the safety of life           interest as it would delay the safety
                                             authorized by the Captain of the Port,                  and property on these navigable waters                measures necessary to protect life and
                                             Delaware Bay, or designated                             during a power cable laying project                   property from the possible hazards
                                             representative, may enter or remain in                  taking place on the waterway. Entry into              associated with the power cable laying
                                             the regulated area. To request                          or transiting in this zone is prohibited              project.
                                             permission to enter or remain in the                    to all vessels, mariners, and persons                    Under 5 U.S.C. 553(d)(3), the Coast
                                             regulated area contact the COTP or the                  unless specifically authorized by the                 Guard finds that good cause exists for
                                             COTP’s representative on VHF–FM                         Captain of the Port Sector Mobile                     making this rule effective less than 30
                                             channel 13 or 16. Vessel operators and                  (COTP) or a designated representative.                days after publication in the Federal
                                             persons within the security zone must                   DATES: This rule is effective without                 Register. Delaying the effective date of
                                             comply with all lawful orders or                        actual notice from February 16, 2018                  this rule is contrary to public interest
                                             directions given to them by the COTP or                 through March 30, 2018. For the                       because it would delay the safety
                                             the COTP’s designated representative.                   purposes of enforcement, actual notice                measures necessary to respond to
                                             No person may swim upon or below the                    will be used from February 10, 2018                   potential safety hazards associated with
                                             surface of the water of this security zone              through February 16, 2018.                            this project. Immediate action is needed
                                             unless authorized by the COTP or his                                                                          to protect vessels and mariners from the
                                                                                                     ADDRESSES: To view documents
                                             designated representative.                                                                                    safety hazards associated with the
                                                                                                     mentioned in this preamble as being
                                                (3) Upon being hailed by an official                                                                       power cable laying project on the
                                                                                                     available in the docket, go to http://
                                             patrol vessel or the designated                                                                               waterway.
                                                                                                     www.regulations.gov, type USCG–2018–
                                             representative, by siren, radio, flashing
                                                                                                     0061 in the ‘‘SEARCH’’ box and click                  III. Legal Authority and Need for Rule
                                             light or other means, the operator of the
                                                                                                     ‘‘SEARCH.’’ Click on Open Docket                        The Coast Guard is issuing this rule
                                             vessel shall proceed as directed. Failure
                                                                                                     Folder on the line associated with this               under authority in 33 U.S.C. 1231. The
                                             to comply with lawful direction may
                                                                                                     rule.                                                 Captain of the Port Sector Mobile
                                             result in expulsion from the regulated
                                             area, citation for failure to comply, or                FOR FURTHER INFORMATION CONTACT: If                   (COTP) has determined that potential
                                             both.                                                   you have questions on this rule, call or              hazards associated with the power cable
                                                (d) Enforcement. This security zone                  email Lieutenant Kyle D. Berry, Sector                laying project from February 10, 2018
                                             will be enforced with actual notice by                  Mobile, Waterways Management                          through March 30, 2018 will be a safety
                                             the U.S. Coast Guard representatives on                 Division, U.S. Coast Guard; telephone                 concern for any vessels or persons in the
                                             scene, as well as other methods listed in               251–441–5940, email Kyle.D.Berry@                     vicinity of the Kokosing Cable Lay Barge
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                                             § 165.7. The Coast Guard will enforce                   uscg.mil.                                             located between positions 30°21′26.0″
                                             the security zone created by this section               SUPPLEMENTARY INFORMATION:                            N, 87°09′13.0″ W and 30°20′04.7″ N,
                                             only when it is necessary for the                                                                             87°08′20.8″ W on the Santa Rosa Sound,
                                             protection of VIPs traveling to or from                 I. Table of Abbreviations                             Pensacola Beach, FL. This rule is
                                             the Philadelphia International Airport.                 BNM Broadcast Notice to Mariners                      needed to protect the public, mariners,
                                             The U.S. Coast Guard may be                             CFR Code of Federal Regulations                       and vessels from the potential hazards


                                        VerDate Sep<11>2014   17:46 Feb 15, 2018   Jkt 244001   PO 00000   Frm 00016   Fmt 4700   Sfmt 4700   E:\FR\FM\16FER1.SGM   16FER1


                                                               Federal Register / Vol. 83, No. 33 / Friday, February 16, 2018 / Rules and Regulations                                          6965

                                             associated with a power cable laying                      This regulatory determination is                    C. Collection of Information
                                             project on the waterway.                                based on the size, location, and duration               This rule will not call for a new
                                                                                                     of the safety zone. This temporary safety             collection of information under the
                                             IV. Discussion of the Rule
                                                                                                     zone will only restrict navigation in a               Paperwork Reduction Act of 1995 (44
                                                This rule establishes a temporary                    500 yard radius portion of the Santa                  U.S.C. 3501–3520).
                                             safety zone encompassing all navigable                  Rosa Sound, in Pensacola Beach, FL for
                                             waters within a 500 yard radius of the                  duration of the power cable laying                    D. Federalism and Indian Tribal
                                             power cable laying project in the                       project. Moreover, the Coast Guard                    Governments
                                             vicinity of the Kokosing Cable Lay Barge                would issue a Broadcast Notice to                        A rule has implications for federalism
                                             located between positions 30°21′26.0″                   Mariners (BNM) via VHF–FM marine                      under Executive Order 13132,
                                             N, 87°09′13.0″ W and 30°20′04.7″ N,                     channel 16 about the zone, and the rule               Federalism, if it has a substantial direct
                                             87°08′20.8″ W from February 10, 2018                    would allow vessels to seek permission                effect on the States, on the relationship
                                             through March 30, 2018. The location                    to enter the zone.                                    between the national government and
                                             and duration of this safety zone is                                                                           the States, or on the distribution of
                                                                                                     B. Impact on Small Entities
                                             intended to protect persons and vessels                                                                       power and responsibilities among the
                                             during the power cable laying project                      The Regulatory Flexibility Act of                  various levels of government. We have
                                             taking place on this navigable waterway.                1980, 5 U.S.C. 601–612, as amended,                   analyzed this rule under that Order and
                                             No person or vessel will be permitted to                requires Federal agencies to consider                 have determined that it is consistent
                                             enter or transit within the safety zone,                the potential impact of regulations on                with the fundamental federalism
                                             unless specifically authorized by the                   small entities during rulemaking. The                 principles and preemption requirements
                                             COTP or a designated representative. A                  term ‘‘small entities’’ comprises small               described in Executive Order 13132.
                                             designated representative is a                          businesses, not-for-profit organizations                 Also, this rule does not have tribal
                                             commissioned, warrant, or petty officer                 that are independently owned and                      implications under Executive Order
                                             of the U.S. Coast Guard assigned to                     operated and are not dominant in their                13175, Consultation and Coordination
                                             units under the operational control of                  fields, and governmental jurisdictions                with Indian Tribal Governments,
                                             USCG Sector Mobile. Vessels requiring                   with populations of less than 50,000.                 because it does not have a substantial
                                             entry into this safety zone must request                The Coast Guard certifies under 5 U.S.C.              direct effect on one or more Indian
                                             permission from the COTP or a                           605(b) that this rule will not have a                 tribes, on the relationship between the
                                             designated representative. They may be                  significant economic impact on a                      Federal Government and Indian tribes,
                                             contacted on VHF–FM channel 16 or by                    substantial number of small entities.                 or on the distribution of power and
                                             telephone at 251–441–5976. Persons                                                                            responsibilities between the Federal
                                                                                                        While some owners or operators of                  Government and Indian tribes. If you
                                             and vessels permitted to enter this
                                                                                                     vessels intending to transit the safety               believe this rule has implications for
                                             safety zone must transit at their slowest
                                                                                                     zone may be small entities, for the                   federalism or Indian tribes, please
                                             safe speed and comply with all lawful
                                                                                                     reasons stated in section V.A above, this             contact the person listed in the FOR
                                             directions issued by the COTP or the
                                                                                                     rule will not have a significant                      FURTHER INFORMATION CONTACT section
                                             designated representative. Public
                                                                                                     economic impact on any vessel owner                   above.
                                             notifications will be made to the local
                                                                                                     or operator.
                                             maritime community prior to the event                                                                         E. Unfunded Mandates Reform Act
                                             through Broadcast Notice to Mariners                       Under section 213(a) of the Small
                                                                                                     Business Regulatory Enforcement                         The Unfunded Mandates Reform Act
                                             (BNM).
                                                                                                     Fairness Act of 1996 (Pub. L. 104–121),               of 1995 (2 U.S.C. 1531–1538) requires
                                             V. Regulatory Analyses                                  we want to assist small entities in                   Federal agencies to assess the effects of
                                                                                                     understanding this rule. If the rule                  their discretionary regulatory actions. In
                                               We developed this rule after                                                                                particular, the Act addresses actions
                                             considering numerous statutes and                       would affect your small business,
                                                                                                     organization, or governmental                         that may result in the expenditure by a
                                             Executive Orders related to rulemaking.                                                                       State, local, or tribal government, in the
                                             Below we summarize our analyses                         jurisdiction and you have questions
                                                                                                     concerning its provisions or options for              aggregate, or by the private sector of
                                             based on a number of these statutes and                                                                       $100,000,000 (adjusted for inflation) or
                                             Executive orders, and we discuss First                  compliance, please contact the person
                                                                                                     listed in the FOR FURTHER INFORMATION                 more in any one year. Though this rule
                                             Amendment rights of protectors.                                                                               will not result in such expenditure, we
                                                                                                     CONTACT section.
                                             A. Regulatory Planning and Review                                                                             do discuss the effects of this rule
                                                                                                        Small businesses may send comments                 elsewhere in this preamble.
                                                Executive Orders 12866 and 13563                     on the actions of Federal employees
                                             direct agencies to assess the costs and                 who enforce, or otherwise determine                   F. Environment
                                             benefits of available regulatory                        compliance with, Federal regulations to                  We have analyzed this rule under
                                             alternatives and, if regulation is                      the Small Business and Agriculture                    Department of Homeland Security
                                             necessary, to select regulatory                         Regulatory Enforcement Ombudsman                      Directive 023–01, which guides the
                                             approaches that maximize net benefits.                  and the Regional Small Business                       Coast Guard in complying with the
                                             Executive Order 13771 directs agencies                  Regulatory Fairness Boards. The                       National Environmental Policy Act of
                                             to control regulatory costs through a                   Ombudsman evaluates these actions                     1969 (42 U.S.C. 4321–4370f), and have
                                             budgeting process. This rule has not                    annually and rates each agency’s                      determined that this action is one of a
                                             been designated a ‘‘significant                         responsiveness to small business. If you              category of actions that do not
                                             regulatory action,’’ under Executive                    wish to comment on actions by                         individually or cumulatively have a
daltland on DSKBBV9HB2PROD with RULES




                                             Order 12866. Accordingly, this rule has                 employees of the Coast Guard, call 1–                 significant effect on the human
                                             not been reviewed by the Office of                      888–REG–FAIR (1–888–734–3247). The                    environment. This rule involves a safety
                                             Management and Budget (OMB), and                        Coast Guard will not retaliate against                zone that will prohibit entry within a
                                             pursuant to OMB guidance it is exempt                   small entities that question or complain              500 yard radius of the Kokosing Cable
                                             from the requirements of Executive                      about this rule or any policy or action               Lay Barge on the Santa Rosa Sound. It
                                             Order 13771.                                            of the Coast Guard.                                   is categorically excluded from further


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                                             6966              Federal Register / Vol. 83, No. 33 / Friday, February 16, 2018 / Rules and Regulations

                                             review under paragraph L60(a) of                        contacted on VHF–FM channel 16 or by                  I. Table of Abbreviations
                                             Appendix A, Table 1 of DHS Instruction                  telephone at 251–441–5976.                            CFR Code of Federal Regulations
                                             Manual 023–01–001–01, Rev.01. A                            (4) Persons and vessels permitted to               COTP Captain of the Port Sector Mobile
                                             Record of Environmental Consideration                   enter this safety zone must transit at                DHS Department of Homeland Security
                                             (REC) supporting this determination is                  their slowest safe speed and comply                   FR Federal Register
                                             available in the docket where indicated                 with all lawful directions issued by the              NPRM Notice of proposed rulemaking
                                             under ADDRESSES.                                        COTP or the designated representative.                § Section
                                                                                                        (d) Informational broadcasts. The                  U.S.C. United States Code
                                             G. Protest Activities
                                                                                                     COTP or a designated representative                   II. Background Information and
                                               The Coast Guard respects the First                    will inform the public through                        Regulatory History
                                             Amendment rights of protesters.                         broadcast notices to mariners of the
                                             Protesters are asked to contact the                     enforcement period for the safety zone.                  The Coast Guard is issuing this
                                             person listed in the FOR FURTHER                                                                              temporary rule without prior notice and
                                                                                                       Dated: February 9, 2018.
                                             INFORMATION CONTACT section to                                                                                opportunity to comment pursuant to
                                                                                                     M.R. Mclellan,
                                             coordinate protest activities so that your                                                                    authority under section 4(a) of the
                                             message can be received without                         Captain, U.S. Coast Guard, Captain of the             Administrative Procedure Act (APA) (5
                                                                                                     Port Sector Mobile.
                                             jeopardizing the safety or security of                                                                        U.S.C. 553(b)). This provision
                                             people, places or vessels.                              [FR Doc. 2018–03228 Filed 2–15–18; 8:45 am]
                                                                                                                                                           authorizes an agency to issue a rule
                                                                                                     BILLING CODE 9110–04–P                                without prior notice and opportunity to
                                             List of Subjects 33 CFR Part 165
                                                                                                                                                           comment when the agency for good
                                               Harbors, Marine safety, Navigation                                                                          cause finds that those procedures are
                                             (water), Reporting and recordkeeping                    DEPARTMENT OF HOMELAND
                                                                                                                                                           ‘‘impracticable, unnecessary, or contrary
                                             requirements, Security measures,                        SECURITY
                                                                                                                                                           to the public interest.’’ Under 5 U.S.C.
                                             Waterways.                                                                                                    553(b)(B), the Coast Guard finds that
                                                                                                     Coast Guard
                                               For the reasons discussed in the                                                                            good cause exists for not publishing a
                                             preamble, the Coast Guard amends 33                     33 CFR Part 165                                       notice of proposed rulemaking (NPRM)
                                             CFR part 165 as follows:                                                                                      with respect to this rule because it is
                                                                                                     [Docket Number USCG–2017–0998]                        impracticable. The construction of the
                                             PART 165—REGULATED NAVIGATION                                                                                 Pensacola Bay Bridge has advanced to
                                             AREAS AND LIMITED ACCESS AREAS                                                                                the phase requiring the presence of
                                                                                                     RIN 1625–AA00
                                                                                                                                                           vessels, barges, and cranes that are now
                                             ■ 1. The authority citation for part 165
                                                                                                     Safety Zone; Pensacola Bay,                           working in and around the main
                                             continues to read as follows:
                                                                                                     Pensacola, FL                                         navigation channel and other areas
                                               Authority: 33 U.S.C. 1231; 50 U.S.C. 191;                                                                   frequently navigated by recreational
                                             33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;               AGENCY:    Coast Guard, DHS.                          vessels. Hazards associated with this
                                             Department of Homeland Security Delegation              ACTION:   Temporary final rule.                       phase of the construction include
                                             No. 0170.1.
                                                                                                                                                           accidental falling debris, submerged
                                             ■ 2. Add § 165.T08–0061 to read as                      SUMMARY:   The Coast Guard is                         objects, collision, allision, and other
                                             follows:                                                establishing a safety zone for all                    navigational hazards. It is impracticable
                                                                                                     navigable waters on Pensacola Bay                     to publish an NPRM because we must
                                             § 165.T08–0061 Safety Zone; Santa Rosa                  within 500 yards of the construction of
                                             Sound, Pensacola Beach, FL.                                                                                   establish this safety zone immediately to
                                                                                                     the new Pensacola Bay Bridge in                       prevent injury to persons and vessels
                                               (a) Location. The following area is a                 Pensacola, FL. The purpose of the safety              and lack sufficient time to provide a
                                             safety zone: All navigable waters within                zone is to protect personnel, vessels,                reasonable comment period and then
                                             a 500 yard radius of the Kokosing Cable                 and the marine environment from                       consider those comments before issuing
                                             Lay Barge located between positions                     potential hazards created by work                     the rule.
                                             30°21′26.0″ N, 87°09′13.0″ W and                        performed during the construction of
                                             30°20′04.7″ N, 87°08′20.8″ W on the                                                                              We are issuing this rule, and under 5
                                                                                                     the new bridge located across the
                                             Santa Rosa Sound, Pensacola Beach, FL.                                                                        U.S.C. 553(d)(3), and for the reasons
                                                                                                     Pensacola Bay. This rulemaking restricts
                                               (b) Enforcement period. This section                                                                        stated above, the Coast Guard finds that
                                                                                                     speed to an idle speed or slowest safe
                                             will be enforced from February 10, 2018                                                                       good cause exists for making it effective
                                                                                                     speed for all vessels, mariners, and
                                             through March 30, 2018.                                                                                       less than 30 days after publication in the
                                                                                                     persons unless specifically authorized
                                               (c) Regulations. (1) The general                                                                            Federal Register. Delaying the effective
                                                                                                     by the Captain of the Port Sector Mobile
                                             regulations contained in § 165.23 as                                                                          date of this rule would be contrary to
                                                                                                     (COTP) or a designated representative.
                                             well as the regulations in this section                                                                       public interest because of the potential
                                                                                                     DATES: This rule is effective without                 safety hazards associated with the work.
                                             apply to the regulated area.
                                                                                                     actual notice from February 16, 2018
                                               (2) Entry into this zone is prohibited                                                                      III. Legal Authority and Need for Rule
                                                                                                     until December 31, 2020. For the
                                             unless authorized by the Captain of the
                                                                                                     purposes of enforcement, actual notice                  The Coast Guard is issuing this rule
                                             Port Sector Mobile (COTP) or a
                                                                                                     will be used from February 7, 2018 until              under authority in 33 U.S.C. 1231. The
                                             designated representative. A designated
                                                                                                     February 16, 2018.                                    Captain of the Port Sector Mobile
                                             representative is a commissioned,
                                             warrant, or petty officer of the U.S.                   FOR FURTHER INFORMATION CONTACT: If                   (COTP) has determined that potential
                                                                                                     you have questions about this                         hazards associated with the bridge work
daltland on DSKBBV9HB2PROD with RULES




                                             Coast Guard assigned to units under the
                                             operational control of USCG Sector                      rulemaking, call or email Lieutenant                  that is currently ongoing will be a safety
                                             Mobile.                                                 Kyle D. Berry, Sector Mobile,                         concern for anyone within 500 yards of
                                               (3) Persons or vessels seeking to enter               Waterways Management Division, U.S.                   the construction of the new Pensacola
                                             into or transit through the zone must                   Coast Guard; telephone 251–441–5940,                  Bay Bridge. This rule is needed to
                                             request permission from the COTP or a                   email Kyle.D.Berry@uscg.mil.                          protect personnel, vessels, and the
                                             designated representative. They may be                  SUPPLEMENTARY INFORMATION:                            marine environment in the navigable


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Document Created: 2018-02-16 00:55:28
Document Modified: 2018-02-16 00:55:28
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 February 16, 2018 through March 30, 2018. For the purposes of enforcement, actual notice will be used from February 10, 2018 through February 16, 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 6964 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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