[Federal Register Volume 76, Number 80 (Tuesday, April 26, 2011)]
[Rules and Regulations]
[Pages 23189-23191]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-9990]



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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2011-0212]
RIN 1625-AA00


Safety Zone; Pensacola Bay; Pensacola, FL

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for a 
portion of Pensacola Bay including all waters represented by positions 
30[deg]20'40.73'' N 087[deg]17'19.73'' W, 30[deg]20'11.12'' N 
087[deg]17'20.31'' W, 30[deg]20'41.51'' N 087[deg]15'01.15'' W, and 
30[deg]20'11.76'' N 087[deg]15'01.18'' W creating a box, referred to as 
the ``Show Box''. This action is necessary for the protection of 
persons and vessels on navigable waters during the Blue Angels' air 
show. Entry into, transiting or anchoring in this zone is prohibited to 
all vessels, mariners, and persons unless specifically authorized by 
the Captain of the Port (COTP) Mobile or a designated representative.

DATES: This rule is effective and enforceable with actual notice from 
May 3, 2011, through May 4, 2011. Exact enforcement times will be 
published in the Local Notice to Mariners and broadcasted via a Safety 
Broadcast Notice to Mariners.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket USCG-2011-0212 and are available online 
by going to http://www.regulations.gov, inserting USCG-2011-0212 in the 
``Keyword'' box, and then clicking ``Search.'' They are also available 
for inspection or copying at the Docket Management Facility (M-30), 
U.S. Department of Transportation, West Building Ground Floor, Room 
W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays and 
U.S. Coast Guard Sector Mobile (spw), Building 102, Brookley Complex 
South Broad Street Mobile, AL 36615, between 8:00 a.m. and 3:30 p.m., 
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this 
temporary rule, call or e-mail LT Lisa G. Hartley, Coast Guard Sector 
Mobile, Waterways Division; telephone 251-441-6512 or e-mail 
[email protected]. If you have questions on viewing the docket, 
call Renee V. Wright, Program Manager, Docket Operations, telephone 
202-366-9826.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    The Coast Guard is issuing this temporary final rule without prior 
notice and opportunity to comment pursuant to authority under section 
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking (NPRM) 
with respect to this rule because there is insufficient time to publish 
a NPRM. The Coast Guard received an application for a Marine Event 
Permit on March 23, 2011, from Naval Air Station Pensacola, in 
Pensacola, FL of their intentions to hold an aerobatic display over 
Pensacola Bay, Pensacola, FL. Publishing a NPRM is impracticable 
because it would delay the required safety zone's effective date and 
immediate action is needed to protect persons and vessels from safety 
hazards associated with the aerobatic display. The safety zone will be 
enforced for short durations during a two-day period.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register. The Coast Guard received an 
application for a Marine Event Permit on March 23, 2011, from Naval Air 
Station Pensacola, in Pensacola, FL of their intentions to hold an 
aerobatic display over Pensacola Bay, Pensacola, FL. Additionally, this 
rule is temporary and will only be enforced for short durations during 
a two-day period while the aerobatic displays are taking place. 
Providing a 30 day notice period would delay the effective date and is 
impracticable because immediate action is needed to protect persons and 
vessels from safety hazards associated with the aerobatic displays.

Background and Purpose

    Naval Air Station Pensacola's Blue Angel Air Show will take place 
over a portion of Pensacola Bay, Pensacola, FL and poses significant 
safety hazards to both vessels and mariners operating in or near the 
air show area referred to as the ``Show Box''. Due to FAA directive 
8900.1, this waterway must be closed to transiting watercraft to 
sterilize the ``Show box'' during the performances by the U.S. Navy 
Blue Angels. The COTP Mobile is establishing a temporary safety zone 
for a portion of Pensacola Bay, Pensacola, FL, to protect persons and 
vessels during the air performances.
    The COTP anticipates minimal impact on vessel traffic due to this 
regulation. However, this safety zone is deemed necessary for the 
protection of life and property within the COTP Mobile zone.

Discussion of Rule

    The Coast Guard is establishing a temporary safety zone for a 
portion of Pensacola Bay including all waters represented by positions 
30[deg]20'40.73'' N 087[deg]17'19.73'' W, 30[deg]20'11.12' N 
087[deg]17'20.31'' W, 30[deg]20'41.51'' N 087[deg]15'01.15'' W, and 
30[deg]20'11.76'' N 087[deg]15'01.18'' W creating a box, referred to as 
the ``Show Box''. This temporary rule will protect the safety of life 
and property in this area. Entry into, transiting or anchoring in this 
zone is prohibited to all vessels, mariners, and persons unless 
specifically authorized by the COTP Mobile or a designated 
representative.
    The COTP may be contacted by telephone at 251-441-5976. The COTP 
Mobile or a designated representative will inform the public through 
broadcast notice to mariners of changes in the effective period and 
enforcement times for the safety zone. This rule is effective from May 
3, 2011, through May 4, 2011.

Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on 13 of these statutes or executive orders.

Executive Order 12866 and Executive Order 13563

    This rule is not a significant regulatory action under section 3(f) 
of Executive Order 12866, Regulatory Planning and Review, as 
supplemented by Executive Order 13563, and does not require an 
assessment of potential costs and benefits under section 6(a)(3) of 
that Order. The Office of Management and Budget has not reviewed it 
under that Order.
    The safety zone listed in this rule will restrict vessel traffic 
from entering, transiting or anchoring in a small portion of Pensacola 
Bay only during certain times over a two-day period. The effect of this 
regulation will not be significant for several reasons: (1) This rule 
will only affect vessel traffic for a short duration; (2) vessels may 
request permission from the COTP to transit through the safety zone; 
and (3) the

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impacts on routine navigation are expected to be minimal. Notifications 
to the marine community will be made through local notice to mariners 
and broadcast notice to mariners. These notifications will allow the 
public to plan operations around the affected area.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this rule would have a significant economic impact 
on a substantial number of small entities. 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. This rule will affect the following entities, some of which 
may be small entities: The owners or operators of vessels intending to 
transit or anchor in affected portions of Pensacola Bay during the 
Naval Air Station Pensacola's Blue Angels Air Show. This safety zone 
will not have a significant economic impact on a substantial number of 
small entities for the following reasons: the zone is limited in size, 
is of short duration and vessel traffic may request permission from the 
COTP Mobile or a designated representative to enter or transit through 
the zone.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), in the NPRM we offered to 
assist small entities in understanding the rule so that they could 
better evaluate its effects on them and participate in the rulemaking 
process. 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.

Collection of Information

    This rule calls for no new collection of information under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on State or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. We have analyzed this rule under 
that Order and have determined that it does not have implications for 
federalism.

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.

Taking of Private Property

    This rule will not cause a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2) 
of Executive Order 12988, Civil Justice Reform, to minimize litigation, 
eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection 
of Children from Environmental Health Risks and Safety Risks. This rule 
is not an economically significant rule and does not create an 
environmental risk to health or risk to safety that may 
disproportionately affect children.

Indian Tribal Governments

    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.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that order because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. The Administrator of the Office of Information and 
Regulatory Affairs has not designated it as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency provides Congress, 
through the Office of Management and Budget, with an explanation of why 
using these standards would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., specifications of materials, performance, design, or 
operation; test methods; sampling procedures; and related management 
systems practices) that are developed or adopted by voluntary consensus 
standards bodies.
    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded 
this action is one of a category of actions which do not individually 
or cumulatively have a significant effect on the human environment. 
This rule is categorically excluded, under figure 2-1, paragraph 
(34)(g), of the Instruction. This rule involves safety for the public 
and environment and is not expected to result in any significant 
adverse environmental impact as described in NEPA. An environmental 
analysis checklist and a categorical exclusion

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determination will be made available as directed under the ADDRESSES 
section.

List of Subjects 33 CFR Part 165

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

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

    Authority:  33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701, 3306, 
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Pub. 
L. 107-295, 116 Stat. 2064; Department of Homeland Security 
Delegation No. 0170.1.


0
2. Add Sec.  165.T08-0212 to read as follows:


Sec.  165.T08-0212  Safety Zone; Pensacola Bay; Pensacola, FL.

    (a) Location. The following area is a safety zone: a portion of 
Pensacola Bay including all waters represented by positions 
30[deg]20'40.73'' N 087[deg]17'19.73'' W, 30[deg]20'11.12'' N 
087[deg]17'20.31'' W, 30[deg]20'41.51'' N 087[deg]15'01.15'' W, and 
30[deg]20'11.76'' N 087[deg]15'01.18'' W creating a box, referred to as 
the ``Show Box''.
    (b) Enforcement dates. This rule will be enforced from May 3, 2011, 
through May 4, 2011.
    (c) Regulations. (1) In accordance with the general regulations in 
Sec.  165 of this part, entry into this zone is prohibited unless 
authorized by the Captain of the Port Mobile or a designated 
representative.
    (2) Persons or vessels desiring to enter into or passage through 
the zone must request permission from the Captain of the Port Mobile or 
a designated representative.
    They may be contacted on VHF-FM channels 16 or by telephone at 251-
441-5976.
    (3) If permission is granted, all persons and vessels shall comply 
with the instructions of the Captain of the Port or designated 
representative. Designated representatives include commissioned, 
warrant, and petty officers of the U.S. Coast Guard.
    (d) Informational broadcasts: The Captain of the Port or a 
designated representative will inform the public through broadcast 
notices to mariners of the enforcement period for the safety zone as 
well as any changes in the planned schedule.

    Dated: April 5, 2011.
D.J. Rose,
Captain, U.S. Coast Guard, Captain of the Port Mobile.
[FR Doc. 2011-9990 Filed 4-25-11; 8:45 am]
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