[Federal Register Volume 79, Number 32 (Tuesday, February 18, 2014)]
[Proposed Rules]
[Pages 9118-9120]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-03467]


 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
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 

  Federal Register / Vol. 79, No. 32 / Tuesday, February 18, 2014 / 
Proposed Rules  

[[Page 9118]]



DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2013-1075]
RIN 1625-AA00


Safety Zone; Sea Plane Landing; Bayou Grande; Pensacola, FL

AGENCY: Coast Guard, DHS.

ACTION: Notice of Proposed Rulemaking.

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SUMMARY: The Coast Guard proposes to establish a temporary safety zone 
for a portion of Bayou Grande, Pensacola, FL. This action is necessary 
for the protection of persons and vessels, on navigable waters, during 
the landing of a large sea plane. Entry into, transiting in 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: Comments and related material must be received by the Coast 
Guard on or before March 5, 2014.

ADDRESSES: You may submit comments identified by docket number USCG-
2013-1075 using any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax: 202-493-2251.
    (3) Mail or Delivery: Docket Management Facility (M-30), U.S. 
Department of Transportation, West Building Ground Floor, Room W12-140, 
1200 New Jersey Avenue SE., Washington, DC 20590-0001. Deliveries 
accepted between 9 a.m. and 5 p.m., Monday through Friday, except 
federal holidays. The telephone number is 202-366-9329.
    See the ``Public Participation and Request for Comments'' portion 
of the SUPPLEMENTARY INFORMATION section below for further instructions 
on submitting comments. To avoid duplication, please use only one of 
these three methods.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed 
rule, call or email LT Stanley A. Tarrant, Coast Guard Sector Mobile, 
Waterways Management Division; telephone (251) 441-5940 or email 
[email protected]. If you have questions on viewing or 
submitting material to the docket, call Cheryl F. Collins, Program 
Manager, Docket Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION: 

Table of Acronyms

COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

A. Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related materials. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided.

1. Submitting comments

    If you submit a comment, please include the docket number for this 
proposed rulemaking (USCG-2013-1075), indicate the specific section of 
this document to which each comment applies, and provide a reason for 
each suggestion or recommendation. You may submit your comments and 
material online at http://www.regulations.gov, or by fax, mail, or hand 
delivery, but please use only one of these means. If you submit a 
comment online, it will be considered received by the Coast Guard when 
you successfully transmit the comment. If you fax, hand deliver, or 
mail your comment, it will be considered as having been received by the 
Coast Guard when it is received at the Docket Management Facility. We 
recommend that you include your name and a mailing address, an email 
address, or a telephone number in the body of your document so that we 
can contact you if we have questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov, 
type the docket number (USCG-2013-1075) in the ``SEARCH'' box and click 
``SEARCH.'' Click on ``Submit a Comment'' on the line associated with 
this rulemaking.
    If you submit your comments by mail or hand delivery, submit them 
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for 
copying and electronic filing. If you submit comments by mail and would 
like to know that they reached the Facility, please enclose a stamped, 
self-addressed postcard or envelope. We will consider all comments and 
material received during the comment period and may change the proposed 
rule based on your comments.

2. Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to http://www.regulations.gov, 
type the docket number (USCG-2013-1075) in the ``SEARCH'' box and click 
``SEARCH.'' Click on Open Docket Folder on the line associated with 
this rulemaking. You may also visit the Docket Management Facility in 
Room W12-140 on the ground floor of the Department of Transportation 
West Building, 1200 New Jersey Avenue SE., Washington, DC 20590, 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays.

3. Privacy Act

    Anyone can search the electronic form of comments received into any 
of our dockets by the name of the individual submitting the comment (or 
signing the comment, if submitted on behalf of an association, 
business, labor union, etc.). You may review a Privacy Act notice 
regarding our public dockets in the January 17, 2008, issue of the 
Federal Register (73 FR 3316).

4. Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for one, using one of the methods specified under ADDRESSES. 
Please explain why you believe a public meeting would be beneficial. If 
we determine that one would aid this proposed rulemaking, we will hold 
one at a time and place announced by a later notice in the Federal 
Register.

B. Basis and Purpose

    The legal basis and authorities for this rule are found in 33 
U.S.C. 1231, 46 U.S.C. Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 33 
CFR 1.05-1, 6.04-1,

[[Page 9119]]

6.04-6, and 160.5; Public Law 107-295, 116 Stat. 2064; and Department 
of Homeland Security Delegation No. 0170.1, which collectively 
authorize the Coast Guard to propose, establish, and define regulatory 
safety zones. The Naval Aviation Museum in Pensacola, FL plans to bring 
in a large sea plane for display at the museum. The sea plane, with a 
wing span of 200 feet, will land in Bayou Grande and be brought ashore 
near the Naval Aviation Station's runway. The landing of the plane 
poses significant safety hazards to both vessels and mariners operating 
in Bayou Grande.

C. Discussion of Proposed Rule

    The COTP Mobile proposes to establish a temporary safety zone for a 
portion of Bayou Grande, Pensacola, FL.
    The Coast Guard proposes to establish a temporary safety zone for a 
portion of Bayou Grande, Pensacola, FL. The proposed safety zone will 
be enforced for a short period during the sea plane landing and transit 
occurring on one day between April 21, 2014 and May 4, 2014. Notice of 
the specific date and times of enforcement will be provided via 
broadcast notice to mariners and local notice to mariners. The specific 
date, time, landing path and transit to the Naval Aviation Station has 
yet to be determined. Specific boundaries for this proposed temporary 
safety zone will be defined in the Temporary Final Rule to be published 
in the Federal Register following the NPRM 15 day comment period. This 
proposed rule will protect the safety of life and property in the Bayou 
Grande area. Entry into, transiting in or anchoring in the zone shall 
be 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 for the 
safety zone. This proposed rule would be effective from April 21, 2014 
through May 4, 2014. The proposed safety zone will be enforced for a 
short period during the sea plane landing and transit occurring on one 
day between April 21, 2014 and May 4, 2014. Notice of the specific date 
and times of this proposed safety zone and its enforcement will be 
provided via broadcast notice to mariner and local notice to mariners.
    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. The Naval 
Aviation Museum has an active work group conducting meetings with 
federal, state, and local agencies and businesses and the Coast Guard 
does not anticipate any adverse comments or objections to this 
rulemaking.

D. 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 or executive orders.

1. Regulatory Planning and Review

    This proposed 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, Improving Regulation and 
Regulatory Review, and does not require an assessment of potential 
costs and benefits under section 6(a)(3) of Executive Order 12866 or 
under section 1 of Executive Order 13563. The Office of Management and 
Budget has not reviewed it under those Orders.
    The safety zone listed in this proposed rule will only restrict 
vessel traffic from entering, transiting or anchoring in a small 
portion of Bayou Grande, Pensacola, FL. The effect of this regulation 
will not be significant for several reasons: (1) this proposed 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 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.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 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 will not have a significant economic impact on a 
substantial number of small entities. This proposed 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 Bayou Grande during the landing of the sea plane. This 
safety zone would not have a significant economic impact on a 
substantial number of small entities for the following reasons. This 
safety 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.
    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 proposed rule would economically affect it.

3. Assistance for Small Entities

    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 proposed 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, above. 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.

4. Collection of Information

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

5. Federalism

    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 does not have implications for federalism.

6. 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

[[Page 9120]]

jeopardizing the safety or security of people, places or vessels.

7. 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 
proposed rule elsewhere in this preamble.

8. Taking of Private Property

    This proposed rule would 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.

9. Civil Justice Reform

    This proposed 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.

10. Protection of Children From Environmental Health Risks

    We have analyzed this proposed rule under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety 
Risks. This proposed 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.

11. Indian Tribal Governments

    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.

12. Energy Effects

    This proposed rule is not a ``significant energy action'' under 
Executive Order 13211, Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use.

13. Technical Standards

    This proposed rule does not use technical standards. Therefore, we 
did not consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this proposed 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 made a preliminary determination that this action is one of a 
category of actions which do not individually or cumulatively have a 
significant effect on the human environment. This proposed rule 
involves safety for the public and is not expected to result in any 
significant adverse environmental impact as described in NEPA. This 
rule is categorically excluded from further review under paragraph 
34(g) of Figure 2-1 of the Commandant Instruction. A preliminary 
environmental analysis checklist supporting this determination and a 
Categorical Exclusion Determination are 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.

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 proposes 
to amend 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; 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. Sec.  165.T08-1075 is added to read as follows:


Sec.  165.T08-1075  Safety Zone; Sea Plane Landing; Bayou Grande; 
Pensacola, FL.

    (a) Location. The following area is a safety zone: a portion of 
Bayou Grande, Pensacola, FL.
    (b) Effective dates and enforcement period. This section is 
effective from April 21, 2014 through May 4, 2014. This section will be 
enforced for a short period during one day occurring between April 21, 
2014 and May 4, 2014 upon notice by the Captain of the Port Mobile or a 
designated representative.
    (c) Regulations.
    (1) In accordance with the general regulations in Sec.  165.23 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.
    (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: January 17, 2014.
S. Walker,
Captain, U.S. Coast Guard, Captain of the Port Mobile.
[FR Doc. 2014-03467 Filed 2-14-14; 8:45 am]
BILLING CODE 9110-04-P