83_FR_6999 83 FR 6966 - Safety Zone; Pensacola Bay, Pensacola, FL

83 FR 6966 - Safety Zone; Pensacola Bay, Pensacola, FL

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

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

Page Range6966-6968
FR Document2018-03239

The Coast Guard is establishing a safety zone for all navigable waters on Pensacola Bay within 500 yards of the construction of the new Pensacola Bay Bridge in Pensacola, FL. The purpose of the safety zone is to protect personnel, vessels, and the marine environment from potential hazards created by work performed during the construction of the new bridge located across the Pensacola Bay. This rulemaking restricts speed to an idle speed or slowest safe speed for 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 6966-6968]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-03239]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2017-0998]
RIN 1625-AA00


Safety Zone; Pensacola Bay, Pensacola, FL

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a safety zone for all 
navigable waters on Pensacola Bay within 500 yards of the construction 
of the new Pensacola Bay Bridge in Pensacola, FL. The purpose of the 
safety zone is to protect personnel, vessels, and the marine 
environment from potential hazards created by work performed during the 
construction of the new bridge located across the Pensacola Bay. This 
rulemaking restricts speed to an idle speed or slowest safe speed for 
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 until December 31, 2020. For the purposes of enforcement, actual 
notice will be used from February 7, 2018 until February 16, 2018.

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

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

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

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary 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)(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. The construction 
of the Pensacola Bay Bridge has advanced to the phase requiring the 
presence of vessels, barges, and cranes that are now working in and 
around the main navigation channel and other areas frequently navigated 
by recreational vessels. Hazards associated with this phase of the 
construction include accidental falling debris, submerged objects, 
collision, allision, and other navigational hazards. It is 
impracticable to publish an NPRM because we must establish this safety 
zone immediately to prevent injury to persons and vessels and lack 
sufficient time to provide a reasonable comment period and then 
consider those comments before issuing the rule.
    We are issuing this rule, and under 5 U.S.C. 553(d)(3), and for the 
reasons stated above, the Coast Guard finds that good cause exists for 
making it effective less than 30 days after publication in the Federal 
Register. Delaying the effective date of this rule would be contrary to 
public interest because of the potential safety hazards associated with 
the work.

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 bridge work that is currently 
ongoing will be a safety concern for anyone within 500 yards of the 
construction of the new Pensacola Bay Bridge. This rule is needed to 
protect personnel, vessels, and the marine environment in the navigable

[[Page 6967]]

waters within the safety zone while the bridge work is being completed.

IV. Discussion of the Rule

    This rule establishes a temporary safety zone effective from 
February 7, 2018 until December 31, 2020 on Pensacola within 500 yards 
of the construction of the new Pensacola Bay Bridge in Pensacola, FL. 
The safety zone is needed to protect life and property from the hazards 
associated with the construction of the new bridge on Pensacola Bay. 
This rulemaking restricts speed to an idle speed or slowest safe speed 
for all vessels, mariners, and persons unless specifically authorized 
by the COTP or a designated representative. The duration of the zone is 
intended to ensure the safety of people and vessels on these navigable 
waters during the construction of the new bridge.

V. Regulatory Analyses

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

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. Executive Order 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 action determination is based on size, location, 
and duration of the rulemaking. This safety zone will be in place 
within 500 yards of the construction of the new Pensacola Bay Bridge 
until the estimated completion of the bridge on December 31, 2020. 
Vessels are permitted to enter the safety zone, but must do so at idle 
or the slowest safe speed. Additionally, the Coast Guard will issue 
Broadcast Notices to Mariners via VHF-FM marine channel 16 about the 
regulation so that waterway users may plan accordingly for transits 
during this restriction.

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 
Management 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 safety zone within 
500 yards of the construction of the new Pensacola Bay Bridge on 
Pensacola Bay, Pensacola, FL. It is categorically excluded from further 
review under paragraph L60(a) of Appendix A, Table 1 of DHS Instruction 
Manual 023-01-001-01, Rev. 01. 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

[[Page 6968]]

coordinate protest activities so that your message can be received 
without jeopardizing the safety or security of people, places or 
vessels.

List of Subjects in 33 CFR Part 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.T08-0998 to read as follows:


Sec.  165.T08-0998  Safety Zone; Pensacola Bay, Pensacola, FL.

    (a) Location. The following area is a temporary safety zone: All 
navigable waters of the Pensacola Bay within 500 yards of the 
construction of the new Pensacola Bay Bridge.
    (b) Enforcement period. This section will be enforced from February 
7, 2018 through December 31, 2020.
    (c) Regulations. In accordance with the general regulations in 
Sec.  165.23, persons and vessels entering this safety zone must 
transit at idle or the slowest safe speed and comply with all lawful 
directions issued by the Captain of the Port Sector Mobile (COTP) or a 
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 temporary safety zone as 
well as any changes in the planned schedule.

    Dated: February 7, 2018.
M.R. McLellan,
Captain, U.S. Coast Guard, Captain of the Port Sector Mobile.
[FR Doc. 2018-03239 Filed 2-15-18; 8:45 am]
BILLING CODE 9110-04-P



                                             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
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                                             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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                                                               Federal Register / Vol. 83, No. 33 / Friday, February 16, 2018 / Rules and Regulations                                          6967

                                             waters within the safety zone while the                 B. Impact on Small Entities                           power and responsibilities among the
                                             bridge work is being completed.                            The Regulatory Flexibility Act of                  various levels of government. We have
                                                                                                     1980, 5 U.S.C. 601–612, as amended,                   analyzed this rule under that order and
                                             IV. Discussion of the Rule                                                                                    have determined that it is consistent
                                                                                                     requires federal agencies to consider the
                                                This rule establishes a temporary                    potential impact of regulations on small              with the fundamental federalism
                                             safety zone effective from February 7,                  entities during rulemaking. The term                  principles and preemption requirements
                                             2018 until December 31, 2020 on                         ‘‘small entities’’ comprises small                    described in executive order 13132.
                                                                                                                                                              Also, this rule does not have tribal
                                             Pensacola within 500 yards of the                       businesses, not-for-profit organizations
                                                                                                                                                           implications under executive order
                                             construction of the new Pensacola Bay                   that are independently owned and
                                                                                                                                                           13175, consultation and coordination
                                             Bridge in Pensacola, FL. The safety zone                operated and are not dominant in their                with Indian Tribal governments,
                                             is needed to protect life and property                  fields, and governmental jurisdictions                because it does not have a substantial
                                             from the hazards associated with the                    with populations of less than 50,000.                 direct effect on one or more Indian
                                             construction of the new bridge on                       The Coast Guard certifies under 5 U.S.C.              tribes, on the relationship between the
                                             Pensacola Bay. This rulemaking restricts                605(b) that this rule will not have a                 federal government and Indian tribes, or
                                             speed to an idle speed or slowest safe                  significant economic impact on a                      on the distribution of power and
                                             speed for all vessels, mariners, and                    substantial number of small entities.                 responsibilities between the federal
                                             persons unless specifically authorized                     While some owners or operators of                  government and Indian tribes. If you
                                             by the COTP or a designated                             vessels intending to transit the safety               believe this rule has implications for
                                             representative. The duration of the zone                zone may be small entities, for the                   federalism or Indian tribes, please
                                             is intended to ensure the safety of                     reasons stated in section V.A above, this             contact the person listed in the FOR
                                             people and vessels on these navigable                   rule will not have a significant                      FURTHER INFORMATION CONTACT section
                                             waters during the construction of the                   economic impact on any vessel owner                   above.
                                             new bridge.                                             or operator.
                                                                                                        Under section 213(a) of the Small                  E. Unfunded Mandates Reform Act
                                             V. Regulatory Analyses                                  Business Regulatory Enforcement                         The Unfunded Mandates Reform Act
                                                                                                     Fairness Act of 1996 (Pub. L. 104–121),               of 1995 (2 U.S.C. 1531–1538) requires
                                               We developed this rule after                          we want to assist small entities in
                                             considering numerous statutes and                                                                             federal agencies to assess the effects of
                                                                                                     understanding this rule. If the rule                  their discretionary regulatory actions. In
                                             executive orders related to rulemaking.                 would affect your small business,
                                             Below we summarize our analyses                                                                               particular, the Act addresses actions
                                                                                                     organization, or governmental                         that may result in the expenditure by a
                                             based on a number of these statutes and                 jurisdiction and you have questions                   state, local, or tribal government, in the
                                             executive orders, and we discuss First                  concerning its provisions or options for              aggregate, or by the private sector of
                                             Amendment rights of protestors.                         compliance, please contact the person                 $100,000,000 (adjusted for inflation) or
                                             A. Regulatory Planning and Review                       listed in the FOR FURTHER INFORMATION                 more in any one year. Though this rule
                                                                                                     CONTACT section.                                      will not result in such expenditure, we
                                                Executive Orders 12866 and 13563                        Small businesses may send comments                 do discuss the effects of this rule
                                             direct agencies to assess the costs and                 on the actions of federal employees who               elsewhere in this preamble.
                                             benefits of available regulatory                        enforce, or otherwise determine
                                             alternatives and, if regulation is                      compliance with, federal regulations to               F. Environment
                                             necessary, to select regulatory                         the Small Business and Agriculture                       We have analyzed this rule under
                                             approaches that maximize net benefits.                  Regulatory Enforcement Ombudsman                      Department of Homeland Security
                                             Executive Order 13771 directs agencies                  and the Regional Small Business                       Management Directive 023–01, which
                                             to control regulatory costs through a                   Regulatory Fairness Boards. The                       guides the Coast Guard in complying
                                             budgeting process. This rule has not                    Ombudsman evaluates these actions                     with the National Environmental Policy
                                             been designated a ‘‘significant                         annually and rates each agency’s                      Act of 1969 (42 U.S.C. 4321–4370f), and
                                             regulatory action,’’ under Executive                    responsiveness to small business. If you              have determined that this action is one
                                             Order 12866. Accordingly, this rule has                 wish to comment on actions by                         of a category of actions that do not
                                             not been reviewed by the Office of                      employees of the Coast Guard, call 1–                 individually or cumulatively have a
                                             Management and Budget (OMB), and                        888–REG–FAIR (1–888–734–3247). The                    significant effect on the human
                                             pursuant to OMB guidance it is exempt                   Coast Guard will not retaliate against                environment. This rule involves safety
                                             from the requirements of Executive                      small entities that question or complain              zone within 500 yards of the
                                             Order 13771.                                            about this rule or any policy or action               construction of the new Pensacola Bay
                                                                                                     of the Coast Guard.                                   Bridge on Pensacola Bay, Pensacola, FL.
                                                This regulatory action determination                                                                       It is categorically excluded from further
                                             is based on size, location, and duration                C. Collection of Information
                                                                                                                                                           review under paragraph L60(a) of
                                             of the rulemaking. This safety zone will                  This rule will not call for a new                   Appendix A, Table 1 of DHS Instruction
                                             be in place within 500 yards of the                     collection of information under the                   Manual 023–01–001–01, Rev. 01. A
                                             construction of the new Pensacola Bay                   Paperwork Reduction Act of 1995 (44                   Record of Environmental Consideration
                                             Bridge until the estimated completion of                U.S.C. 3501–3520).                                    supporting this determination is
                                             the bridge on December 31, 2020.                                                                              available in the docket where indicated
                                             Vessels are permitted to enter the safety               D. Federalism and Indian Tribal
                                                                                                     Governments                                           under ADDRESSES.
                                             zone, but must do so at idle or the
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                                             slowest safe speed. Additionally, the                      A rule has implications for federalism             G. Protest Activities
                                             Coast Guard will issue Broadcast                        under executive order 13132,                            The Coast Guard respects the First
                                             Notices to Mariners via VHF–FM marine                   federalism, if it has a substantial direct            Amendment rights of protesters.
                                             channel 16 about the regulation so that                 effect on the states, on the relationship             Protesters are asked to contact the
                                             waterway users may plan accordingly                     between the national government and                   person listed in the FOR FURTHER
                                             for transits during this restriction.                   the states, or on the distribution of                 INFORMATION CONTACT section to



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                                             6968              Federal Register / Vol. 83, No. 33 / Friday, February 16, 2018 / Rules and Regulations

                                             coordinate protest activities so that your              ENVIRONMENTAL PROTECTION                              Office’s official hours of business are
                                             message can be received without                         AGENCY                                                Monday through Friday, 8:30 a.m. to
                                             jeopardizing the safety or security of                                                                        4:30 p.m., excluding legal holidays.
                                             people, places or vessels.                              40 CFR Part 52                                        FOR FURTHER INFORMATION CONTACT:
                                                                                                     [EPA–R01–OAR–2017–0150; FRL–9973–18–                  Donald Dahl, U.S. Environmental
                                             List of Subjects in 33 CFR Part 165                                                                           Protection Agency, EPA New England
                                                                                                     Region 1]
                                               Harbors, Marine Safety, Navigation                                                                          Regional Office, Office of Ecosystem
                                                                                                     Air Plan Approval; Connecticut;                       Protection, Air Permits, Toxics, and
                                             (water), Reporting and Recordkeeping
                                                                                                     Nonattainment New Source Review                       Indoor Programs Unit, 5 Post Office
                                             Requirements, Security Measures,                        Permit Requirements for the 2008
                                             Waterways.                                                                                                    Square—Suite 100, (Mail code OEP05–
                                                                                                     8-Hour Ozone Standard                                 2), Boston, MA 02109–3912. Mr. Dahl’s
                                               For the reasons discussed in the                      AGENCY:  Environmental Protection                     telephone number is (617) 918–1657;
                                             preamble, the Coast Guard amends 33                     Agency (EPA).                                         email address: dahl.donald@epa.gov.
                                             CFR part 165 as follows:                                ACTION: Final rule.                                   SUPPLEMENTARY INFORMATION:
                                                                                                                                                           Throughout this document whenever
                                             PART 165—REGULATED NAVIGATION                           SUMMARY:    The Environmental Protection              ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
                                             AREAS AND LIMITED ACCESS AREAS                          Agency (EPA) is taking final action to                EPA.
                                                                                                     approve the state implementation plan
                                                                                                                                                           Table of Contents
                                             ■ 1. The authority citation for part 165                (SIP) revision submitted on March 9,
                                             continues to read as follows:                           2017 by the Connecticut Department of                 I. Background and Purpose
                                                                                                     Energy and Environmental Protection                   II. Response to Comment
                                               Authority: 33 U.S.C. 1231; 50 U.S.C. 191;                                                                   III. Final Action
                                             33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
                                                                                                     (CT DEEP) addressing the
                                                                                                     nonattainment new source review                       IV. Statutory and Executive Order Reviews
                                             Department of Homeland Security Delegation
                                             No. 0170.1.
                                                                                                     (NNSR) requirements for the 2008                      I. Background and Purpose
                                                                                                     8-hour ozone National Ambient Air                        On August 14, 2017, EPA published a
                                             ■ 2. Add § 165.T08–0998 to read as                      Quality Standard (NAAQS). The SIP
                                                                                                                                                           Notice of Proposed Rulemaking (NPR)
                                             follows:                                                revision addresses both of Connecticut’s
                                                                                                                                                           (82 FR 37829) and Direct Final
                                                                                                     ozone nonattainment areas for the 2008
                                                                                                                                                           Rulemaking (DFRN) (82 FR 37819)
                                             § 165.T08–0998 Safety Zone; Pensacola                   ozone NAAQS; the Greater Connecticut
                                             Bay, Pensacola, FL.                                                                                           proposing to approve and approving,
                                                                                                     area and the Connecticut portion of the
                                                                                                                                                           respectively, Connecticut’s
                                               (a) Location. The following area is a                 New York-N. New Jersey-Long Island,
                                                                                                                                                           demonstration that its nonattainment
                                             temporary safety zone: All navigable                    NY–NJ–CT area. The Connecticut
                                                                                                                                                           new source review regulations approved
                                                                                                     portion of the New York-N. New Jersey-
                                             waters of the Pensacola Bay within 500                                                                        into the state implementation plan meet
                                                                                                     Long Island, NY–NJ–CT ozone
                                             yards of the construction of the new                                                                          the requirements of the 2008 8-hour
                                                                                                     nonattainment area consists of Fairfield,
                                             Pensacola Bay Bridge.                                                                                         ozone standard. The demonstration was
                                                                                                     New Haven, and Middlesex counties.
                                               (b) Enforcement period. This section                  The Greater Connecticut nonattainment                 submitted on March 9, 2017 by the CT
                                             will be enforced from February 7, 2018                  area includes the rest of the State. This             DEEP as a SIP revision. In the DFRN,
                                                                                                     action is being taken pursuant to the                 EPA stated that if an adverse comment
                                             through December 31, 2020.
                                                                                                     Clean Air Act (CAA or Act) and its                    were to be submitted to EPA by
                                               (c) Regulations. In accordance with                                                                         September 13, 2017, the action would
                                             the general regulations in § 165.23,                    implementing regulations.
                                                                                                                                                           be withdrawn and not take effect, and
                                             persons and vessels entering this safety                DATES: This rule is effective on March
                                                                                                                                                           a final rule would be issued based on
                                             zone must transit at idle or the slowest                19, 2018.
                                                                                                                                                           the NPR. EPA received one adverse
                                             safe speed and comply with all lawful                   ADDRESSES: EPA has established a                      comment prior to the close of the
                                             directions issued by the Captain of the                 docket for this action under Docket                   comment period. Therefore, EPA
                                             Port Sector Mobile (COTP) or a                          Identification No. EPA–R01–OAR–                       withdrew the DFRN on October 13,
                                             designated representative.                              2017–0150. All documents in the docket                2017 (82 FR 47630). This action is a
                                                                                                     are listed on the https://                            final rule based on the NPR. A detailed
                                               (d) Informational broadcasts. The                     www.regulations.gov website. Although
                                             COTP or a designated representative                                                                           discussion of Connecticut’s March 9,
                                                                                                     listed in the index, some information is              2017 SIP revision and EPA’s rationale
                                             will inform the public through                          not publicly available, i.e., CBI or other            for approving the SIP revision was
                                             broadcast notices to mariners of the                    information whose disclosure is                       provided in the DFRN and will not be
                                             enforcement period for the temporary                    restricted by statute. Certain other                  restated here, except to the extent it is
                                             safety zone as well as any changes in the               material, such as copyrighted material,               relevant to our response to the public
                                             planned schedule.                                       is not placed on the internet and will be             comment we received.
                                               Dated: February 7, 2018.                              publicly available only in hard copy
                                                                                                     form. Publicly available docket                       II. Response to Comment
                                             M.R. McLellan,
                                                                                                     materials are available at https://                      EPA received one adverse comment
                                             Captain, U.S. Coast Guard, Captain of the               www.regulations.gov or at the U.S.                    on its August 14, 2017 (82 FR 37829)
                                             Port Sector Mobile.                                     Environmental Protection Agency, EPA                  Notice of Proposed Rulemaking.
                                             [FR Doc. 2018–03239 Filed 2–15–18; 8:45 am]             New England Regional Office, Office of                   Comment: The commenter stated that
                                                                                                     Ecosystem Protection, Air Quality
daltland on DSKBBV9HB2PROD with RULES




                                             BILLING CODE 9110–04–P                                                                                        EPA is required to evaluate
                                                                                                     Planning Unit, 5 Post Office Square—                  Connecticut’s NNSR SIP as it relates to
                                                                                                     Suite 100, Boston, MA. The EPA                        the ozone transport region (OTR)
                                                                                                     requests that if at all possible, you                 requirements in section 184 of the CAA.
                                                                                                     contact the contact listed in the FOR                    Response: The Connecticut SIP’s
                                                                                                     FURTHER INFORMATION CONTACT section to                NNSR requirements are at least as
                                                                                                     schedule your inspection. The Regional                stringent, and in some instances more


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Document Created: 2018-02-16 00:55:26
Document Modified: 2018-02-16 00:55:26
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 until December 31, 2020. For the purposes of enforcement, actual notice will be used from February 7, 2018 until February 16, 2018.
ContactIf you have questions about this rulemaking, 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 6966 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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