83 FR 9454 - Special Local Regulation; Pensacola Bay, Pensacola, FL

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 83, Issue 44 (March 6, 2018)

Page Range		9454-9456
FR Document		2018-04503

The Coast Guard proposes to establish a temporary special local regulation on Pensacola Bay in Pensacola, FL. The proposed rulemaking is needed to protect the persons participating in the Pensacola Triathlon marine event. This proposed rulemaking restricts transit into, through and within the regulated area unless specifically authorized by the Captain of the Port Sector Mobile (COTP) or a designated representative. We invite your comments on this proposed rulemaking.

Federal Register, Volume 83 Issue 44 (Tuesday, March 6, 2018)

[Federal Register Volume 83, Number 44 (Tuesday, March 6, 2018)]
[Proposed Rules]
[Pages 9454-9456]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2018-04503]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

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

Special Local Regulation; Pensacola Bay, Pensacola, FL

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish a temporary special
local regulation on Pensacola Bay in Pensacola, FL. The proposed
rulemaking is needed to protect the persons participating in the
Pensacola Triathlon marine event. This proposed rulemaking restricts
transit into, through and within the regulated area unless specifically
authorized by the Captain of the Port Sector Mobile (COTP) or a
designated representative. We invite your comments on this proposed
rulemaking.

DATES: Comments and related material must be received by the Coast
Guard on or before April 5, 2018.

ADDRESSES: You may submit comments identified by docket number USCG-
2018-0103 using the Federal eRulemaking Portal at http://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email LT Kyle D. Berry, Sector Mobile,
Waterways Management Division, U.S. Coast Guard; telephone 251-441-
5940, email kyle.d.berry@uscg.mil.

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

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

II. Background, Purpose, and Legal Basis

On January 16, 2018, the marine event sponsor for the annual
Pensacola Triathlon marine event submitted an application for a marine
event permit. The Captain of the Port Sector Mobile (COTP) has
determined a special local regulation is needed to protect the persons
participating in and viewing the Pensacola Triathlon marine event.
The purpose of this proposed rulemaking is to restrict transit
into, through and within the regulated area on Pensacola Bay extending
in a 300 yard radius from position 30[deg]24'16.4'' N, 87[deg]12'55.2''
W in Pensacola, FL during the Pensacola Triathlon. The Coast Guard
proposes this rulemaking under authority in 33 U.S.C. 1233.

III. Discussion of Proposed Rule

The Coast Guard proposes to establish a temporary special local
regulation on Pensacola Bay extending in a 300 yard radius from
position 30[deg]24'16.4'' N, 87[deg]12'55.2'' W in Pensacola, FL. The
proposed rulemaking is needed to needed to protect the persons
participating in the Pensacola Triathlon marine event. This proposed
rulemaking restricts transit into, through and within the regulated
area unless specifically authorized by the COTP. No vessel or person
would be permitted to enter the regulated area without obtaining
permission from the COTP or a designated representative. A designated
representative may be a Patrol Commander (PATCOM). The PATCOM would be
aboard either a Coast Guard or Coast Guard Auxiliary vessel. The Patrol
Commander may be contacted on Channel 16 VHF-FM (156.8 MHz) by the call
sign ``PATCOM''. All persons and vessels not registered with the
sponsor as participants or official patrol vessels are considered
spectators. The

[[Page 9455]]

``official patrol vessels'' consist of any Coast Guard, state, or local
law enforcement and sponsor provided vessels assigned or approved by
the COTP to patrol the regulated area.
Spectator vessels desiring to transit the regulated area may do so
only with prior approval of the Patrol Commander and when so directed
by that officer would be operated at a minimum safe navigation speed in
a manner which will not endanger participants in the regulated area or
any other vessels. No spectator vessel shall anchor, block, loiter, or
impede the through transit of participants or official patrol vessels
in the regulated area during the effective dates and times, unless
cleared for entry by or through an official patrol vessel. Any
spectator vessel may anchor outside the regulated area, but may not
anchor in, block, or loiter in a navigable channel. Spectator vessels
may be moored to a waterfront facility within the regulated area in
such a way that they shall not interfere with the progress of the
event. Such mooring must be complete at least 30 minutes prior to the
establishment of the regulated area and remain moored through the
duration of the event.
The COTP or a designated representative may forbid and control the
movement of all vessels in the regulated area. When hailed or signaled
by an official patrol vessel, a vessel shall come to an immediate stop
and comply with the directions given. Failure to do so may result in
expulsion from the area, citation for failure to comply, or both.
The COTP or a designated representative may terminate the event or
the operation of any vessel at any time it is deemed necessary for the
protection of life or property. The COTP or a designated representative
would terminate enforcement of the special local regulations at the
conclusion of the event.
The regulatory text we are proposing appears at the end of this
document.

IV. Regulatory Analyses

We developed this proposed 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 NPRM has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, the NPRM 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 proposed rulemaking. The proposed special local
regulation on Pensacola Bay extending in a 300 yard radius from
position 30[deg]24'16.4'' N, 87[deg]12'55.2'' W in Pensacola, FL from 4
a.m. to 10 a.m. on April 29, 2018. 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. The rule also allows vessels to seek
permission from the COTP or a designated representative to enter the
regulated area.

B. Impact on Small Entities

The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this
proposed rule would 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
IV.A above, this proposed rule would not have a significant economic
impact on any vessel owner or operator.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this proposed rule
would have a significant economic impact on it, please submit a comment
(see ADDRESSES) explaining why you think it qualifies and how and to
what degree this rule would economically affect it.
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 proposed 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. The Coast Guard will not retaliate against small entities that
question or complain about this proposed rule or any policy or action
of the Coast Guard.

C. Collection of Information

This proposed rule would 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 proposed 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 proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would 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 proposed rule has implications for federalism or
Indian tribes, please contact the person listed in the FOR FURTHER
INFORMATION CONTACT section.

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 proposed rule would not
result in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.

F. Environment

We have analyzed this rule under Department of Homeland Security
Directive 023-01, which guides the Coast Guard in complying with the

[[Page 9456]]

National Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and
have determined that this action is one of a category of actions that
do not individually or cumulatively have a significant effect on the
human environment. This rule involves a special local regulation on
Pensacola Bay extending in a 300 yard radius from position
30[deg]24'16.4'' N, 87[deg]12'55.2'' W in Pensacola, FL. It is
categorically excluded from further review under paragraph L61 of
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 01. A
Record of Environmental Consideration (REC) supporting this
determination would be available in the docket where indicated under
ADDRESSES.
We seek any comments or information that may lead to the discovery
of a significant environmental impact from this proposed rule.

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.

V. Public Participation and Request for Comments

We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
We encourage you to submit comments through the Federal eRulemaking
Portal at http://www.regulations.gov. If your material cannot be
submitted using http://www.regulations.gov, contact the person in the
FOR FURTHER INFORMATION CONTACT section of this document for alternate
instructions.
We accept anonymous comments. All comments received will be posted
without change to http://www.regulations.gov and will include any
personal information you have provided. For more about privacy and the
docket, visit http://www.regulations.gov/privacyNotice.
Documents mentioned in this NPRM as being available in the docket,
and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that website's
instructions. Additionally, if you go to the online docket and sign up
for email alerts, you will be notified when comments are posted or a
final rule is published.

List of Subjects in 33 CFR Part 100

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

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

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

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

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

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

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

(a) Regulated area. All navigable waters of Pensacola Bay extending
in a 300 yard radius from position 30[deg]24'16.4'' N, 87[deg]12'55.2''
W in Pensacola, FL.
(b) Enforcement period. This section will be enforced on April 29,
2018.
(c) Special local regulations.
(1) In accordance with the general regulations in Sec. 100.801,
entry into, transit within or through, or exit from this area is
prohibited unless authorized by the Captain of the Port Sector Mobile
(COTP) or a designated representative. A designated representative may
be a Patrol Commander (PATCOM). The PATCOM will be aboard either a
Coast Guard or Coast Guard Auxiliary vessel. The Patrol Commander may
be contacted on Channel 16 VHF-FM (156.8 MHz) by the call sign
``PATCOM''.
(2) All persons and vessels not registered with the sponsor as
participants or official patrol vessels are considered spectators. The
``official patrol vessels'' consist of any Coast Guard, state, or local
law enforcement and sponsor provided vessels assigned or approved by
the Captain of the Port (COTP) Mobile to patrol the regulated area.
(3) Spectator vessels desiring to transit the regulated area may do
so only with prior approval of the Patrol Commander and when so
directed by that officer will be operated at a minimum safe navigation
speed in a manner which will not endanger participants in the regulated
area or any other vessels.
(4) No spectator vessel shall anchor, block, loiter, or impede the
through transit of participants or official patrol vessels in the
regulated area during the effective dates and times, unless cleared for
entry by or through an official patrol vessel.
(5) Any spectator vessel may anchor outside the regulated area, but
may not anchor in, block, or loiter in a navigable channel. Spectator
vessels may be moored to a waterfront facility within the regulated
area in such a way that they shall not interfere with the progress of
the event. Such mooring must be complete at least 30 minutes prior to
the establishment of the regulated area and remain moored through the
duration of the event.
(6) The COTP or a designated representative may forbid and control
the movement of all vessels in the regulated area. When hailed or
signaled by an official patrol vessel, a vessel shall come to an
immediate stop and comply with the directions given. Failure to do so
may result in expulsion from the area, citation for failure to comply,
or both.
(7) The COTP or a designated representative may terminate the event
or the operation of any vessel at any time it is deemed necessary for
the protection of life or property.
(8) The COTP or a designated representative will terminate
enforcement of the special local regulations at the conclusion of the
event.
(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 26, 2018.
M.R. McLellan,
Captain, U.S. Coast Guard, Captain of the Port Sector Mobile.
[FR Doc. 2018-04503 Filed 3-5-18; 8:45 am]
BILLING CODE 9110-04-P

9454 Federal Register / Vol. 83, No. 44 / Tuesday, March 6, 2018 / Proposed Rules

List of Subjects in 14 CFR Part 71 PART 71—DESIGNATION OF CLASS A, § 71.1 [Amended]
B, C, D, AND E AIRSPACE AREAS; AIR ■ 2. The incorporation by reference in
Airspace, Incorporation by reference,
TRAFFIC SERVICE ROUTES; AND 14 CFR 71.1 of FAA Order 7400.11B,
Navigation (air).
REPORTING POINTS Airspace Designations and Reporting
The Proposed Amendment Points, dated August 3, 2017 and
■ 1. The authority citation for part 71 effective September 15, 2017, is
In consideration of the foregoing, the continues to read as follows: amended as follows:
Federal Aviation Administration
proposes to amend 14 CFR part 71 as Authority: 49 U.S.C. 106(f), 106(g); 40103, Paragraph 6013 Canadian Area Navigation
40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, Routes.
follows:
1959–1963 Comp., p. 389.
* * * * *
T–705 Utica, NY (UCA) to IKNAR, Canada [New]
Utica, NY (UCA) VORTAC (Lat. 43°01′35.45″ N, long. 75°09′52.28″ W)
USICI, NY Fix (Lat. 43°11′23.04″ N, long. 75°03′06.15″ W)
GACKE, NY Fix (Lat. 43°19′11.10″ N, long. 74°57′40.88″ W)
BECKS, NY Fix (Lat. 43°32′56.63″ N, long. 74°48′03.47″ W)
SMAIR, NY Fix (Lat. 44°03′32.47″ N, long. 74°26′20.99″ W)
FOSYU, NY Fix (Lat. 44°12′25.39″ N, long. 74°19′58.15″ W)
Saranac Lake, NY (SLK) VOR/DME (Lat. 44°23′04.41″ N, long. 74°12′16.21″ W)
RIGID, NY Fix (Lat. 44°35′19.53″ N, long. 73°44′34.07″ W)
PBERG, NY WP (Lat. 44°42′06.25″ N, long. 73°31′22.18″ W)
LATTS, NY WP (Lat. 44°51′29.78″ N, long. 73°32′29.26″ W)
EBDOT, CD WP (Lat. 45°05′25.23″ N, long. 73°34′01.25″ W)
DUNUP, CD WP (Lat. 45°17′34.90″ N, long. 73°35′21.89″ W)
TAMKO, CD INT (Lat. 46°02′54.00″ N, long. 73°54′39.00″ W)
LIVBA, CD WP (Lat. 46°14′17.05″ N, long. 73°57′05.38″ W)
NOSUT, CD WP (Lat. 46°21′38.00″ N, long. 73°58′38.00″ W)
IKNAR, CD WP (Lat. 47°11′35.44″ N, long. 74°09′31.38″ W)
Excluding the airspace within Canada.

* * * * * DATES: Comments and related material regulation is needed to protect the
Issued in Washington, DC, on February 26, must be received by the Coast Guard on persons participating in and viewing the
2018. or before April 5, 2018. Pensacola Triathlon marine event.
Rodger A. Dean Jr., ADDRESSES: You may submit comments The purpose of this proposed
identified by docket number USCG– rulemaking is to restrict transit into,
Manager, Airspace Policy Group.
2018–0103 using the Federal through and within the regulated area
[FR Doc. 2018–04415 Filed 3–5–18; 8:45 am]
eRulemaking Portal at http:// on Pensacola Bay extending in a 300
BILLING CODE 4910–13–P yard radius from position 30°24′16.4″ N,
www.regulations.gov. See the ‘‘Public
Participation and Request for 87°12′55.2″ W in Pensacola, FL during
Comments’’ portion of the the Pensacola Triathlon. The Coast
DEPARTMENT OF HOMELAND SUPPLEMENTARY INFORMATION section for Guard proposes this rulemaking under
SECURITY further instructions on submitting authority in 33 U.S.C. 1233.
comments. III. Discussion of Proposed Rule
Coast Guard
FOR FURTHER INFORMATION CONTACT: If The Coast Guard proposes to establish
33 CFR Part 100 you have questions about this proposed a temporary special local regulation on
rulemaking, call or email LT Kyle D. Pensacola Bay extending in a 300 yard
[Docket Number USCG–2018–0103] Berry, Sector Mobile, Waterways radius from position 30°24′16.4″ N,
Management Division, U.S. Coast 87°12′55.2″ W in Pensacola, FL. The
RIN 1625–AA08 Guard; telephone 251–441–5940, email proposed rulemaking is needed to
kyle.d.berry@uscg.mil. needed to protect the persons
Special Local Regulation; Pensacola
Bay, Pensacola, FL SUPPLEMENTARY INFORMATION: participating in the Pensacola Triathlon
marine event. This proposed rulemaking
I. Table of Abbreviations
AGENCY: Coast Guard, DHS. restricts transit into, through and within
ACTION: Notice of proposed rulemaking. CFR Code of Federal Regulations the regulated area unless specifically
COTP Captain of the Port Sector Mobile authorized by the COTP. No vessel or
SUMMARY: The Coast Guard proposes to DHS Department of Homeland Security person would be permitted to enter the
FR Federal Register
establish a temporary special local regulated area without obtaining
NPRM Notice of Proposed Rulemaking
regulation on Pensacola Bay in PATCOM Patrol Commander permission from the COTP or a
Pensacola, FL. The proposed § Section designated representative. A designated
rulemaking is needed to protect the U.S.C. United States Code representative may be a Patrol
persons participating in the Pensacola Commander (PATCOM). The PATCOM
jstallworth on DSKBBY8HB2PROD with PROPOSALS

Triathlon marine event. This proposed II. Background, Purpose, and Legal would be aboard either a Coast Guard or
rulemaking restricts transit into, through Basis Coast Guard Auxiliary vessel. The Patrol
and within the regulated area unless On January 16, 2018, the marine event Commander may be contacted on
specifically authorized by the Captain of sponsor for the annual Pensacola Channel 16 VHF–FM (156.8 MHz) by
the Port Sector Mobile (COTP) or a Triathlon marine event submitted an the call sign ‘‘PATCOM’’. All persons
designated representative. We invite application for a marine event permit. and vessels not registered with the
your comments on this proposed The Captain of the Port Sector Mobile sponsor as participants or official patrol
rulemaking. (COTP) has determined a special local vessels are considered spectators. The

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Federal Register / Vol. 83, No. 44 / Tuesday, March 6, 2018 / Proposed Rules 9455

‘‘official patrol vessels’’ consist of any Executive Order 13771 directs agencies concerning its provisions or options for
Coast Guard, state, or local law to control regulatory costs through a compliance, please contact the person
enforcement and sponsor provided budgeting process. This NPRM has not listed in the FOR FURTHER INFORMATION
vessels assigned or approved by the been designated a ‘‘significant CONTACT section. The Coast Guard will
COTP to patrol the regulated area. regulatory action,’’ under Executive not retaliate against small entities that
Spectator vessels desiring to transit Order 12866. Accordingly, the NPRM question or complain about this
the regulated area may do so only with has not been reviewed by the Office of proposed rule or any policy or action of
prior approval of the Patrol Commander Management and Budget (OMB), and the Coast Guard.
and when so directed by that officer pursuant to OMB guidance it is exempt
would be operated at a minimum safe from the requirements of Executive C. Collection of Information
navigation speed in a manner which Order 13771. This proposed rule would not call for
will not endanger participants in the This regulatory action determination a new collection of information under
regulated area or any other vessels. No is based on size, location, and duration the Paperwork Reduction Act of 1995
spectator vessel shall anchor, block, of the proposed rulemaking. The (44 U.S.C. 3501–3520).
loiter, or impede the through transit of proposed special local regulation on
D. Federalism and Indian Tribal
participants or official patrol vessels in Pensacola Bay extending in a 300 yard
radius from position 30°24′16.4″ N, Governments
the regulated area during the effective
dates and times, unless cleared for entry 87°12′55.2″ W in Pensacola, FL from 4 A rule has implications for federalism
by or through an official patrol vessel. a.m. to 10 a.m. on April 29, 2018. under Executive Order 13132,
Any spectator vessel may anchor Additionally, the Coast Guard will issue Federalism, if it has a substantial direct
outside the regulated area, but may not Broadcast Notices to Mariners via effect on the States, on the relationship
anchor in, block, or loiter in a navigable VHF–FM marine channel 16 about the between the national government and
channel. Spectator vessels may be regulation so that waterway users may the States, or on the distribution of
moored to a waterfront facility within plan accordingly for transits during this power and responsibilities among the
the regulated area in such a way that restriction. The rule also allows vessels various levels of government. We have
they shall not interfere with the progress to seek permission from the COTP or a analyzed this proposed rule under that
of the event. Such mooring must be designated representative to enter the Order and have determined that it is
complete at least 30 minutes prior to the regulated area. consistent with the fundamental
establishment of the regulated area and federalism principles and preemption
B. Impact on Small Entities
remain moored through the duration of requirements described in Executive
the event. The Regulatory Flexibility Act of Order 13132.
The COTP or a designated 1980, 5 U.S.C. 601–612, as amended, Also, this proposed rule does not have
representative may forbid and control requires Federal agencies to consider tribal implications under Executive
the movement of all vessels in the the potential impact of regulations on Order 13175, Consultation and
regulated area. When hailed or signaled small entities during rulemaking. The Coordination with Indian Tribal
by an official patrol vessel, a vessel shall term ‘‘small entities’’ comprises small Governments, because it would not have
come to an immediate stop and comply businesses, not-for-profit organizations a substantial direct effect on one or
with the directions given. Failure to do that are independently owned and more Indian tribes, on the relationship
so may result in expulsion from the operated and are not dominant in their between the Federal Government and
area, citation for failure to comply, or fields, and governmental jurisdictions Indian tribes, or on the distribution of
both. with populations of less than 50,000. power and responsibilities between the
The COTP or a designated The Coast Guard certifies under 5 U.S.C. Federal Government and Indian tribes.
representative may terminate the event 605(b) that this proposed rule would not If you believe this proposed rule has
or the operation of any vessel at any have a significant economic impact on implications for federalism or Indian
time it is deemed necessary for the a substantial number of small entities. tribes, please contact the person listed
protection of life or property. The COTP While some owners or operators of in the FOR FURTHER INFORMATION
or a designated representative would vessels intending to transit the safety CONTACT section.
terminate enforcement of the special zone may be small entities, for the
reasons stated in section IV.A above, E. Unfunded Mandates Reform Act
local regulations at the conclusion of the
event. this proposed rule would not have a The Unfunded Mandates Reform Act
The regulatory text we are proposing significant economic impact on any of 1995 (2 U.S.C. 1531–1538) requires
appears at the end of this document. vessel owner or operator. Federal agencies to assess the effects of
If you think that your business, their discretionary regulatory actions. In
IV. Regulatory Analyses organization, or governmental particular, the Act addresses actions
We developed this proposed rule after jurisdiction qualifies as a small entity that may result in the expenditure by a
considering numerous statutes and and that this proposed rule would have State, local, or tribal government, in the
Executive orders related to rulemaking. a significant economic impact on it, aggregate, or by the private sector of
Below we summarize our analyses please submit a comment (see $100,000,000 (adjusted for inflation) or
based on a number of these statutes and ADDRESSES) explaining why you think it more in any one year. Though this
Executive orders and we discuss First qualifies and how and to what degree proposed rule would not result in such
this rule would economically affect it.
jstallworth on DSKBBY8HB2PROD with PROPOSALS

Amendment rights of protestors. an expenditure, we do discuss the
Under section 213(a) of the Small effects of this rule elsewhere in this
A. Regulatory Planning and Review Business Regulatory Enforcement preamble.
Executive Orders 12866 and 13563 Fairness Act of 1996 (Pub. L. 104–121),
direct agencies to assess the costs and we want to assist small entities in F. Environment
benefits of available regulatory understanding this proposed rule. If the We have analyzed this rule under
alternatives and, if regulation is rule would affect your small business, Department of Homeland Security
necessary, to select regulatory organization, or governmental Directive 023–01, which guides the
approaches that maximize net benefits. jurisdiction and you have questions Coast Guard in complying with the

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Document Created: 2018-11-01 08:49:27
Document Modified: 2018-11-01 08:49:27

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Proposed Rules
Action		Notice of proposed rulemaking.
Dates		Comments and related material must be received by the Coast Guard on or before April 5, 2018.
Contact		If you have questions about this proposed rulemaking, call or email LT Kyle D. Berry, Sector Mobile, Waterways Management Division, U.S. Coast Guard; telephone 251-441- 5940, email [email protected]
FR Citation		83 FR 9454
RIN Number		1625-AA08
CFR Associated		Harbors; Marine Safety; Navigation (Water); Reporting and Recordkeeping Requirements and Waterways

83 FR 9454 - Special Local Regulation; Pensacola Bay, Pensacola, FL

DEPARTMENT OF HOMELAND SECURITYCoast Guard

Federal Register Volume 83, Issue 44 (March 6, 2018)

DEPARTMENT OF HOMELAND SECURITY
Coast Guard