[Federal Register Volume 83, Number 33 (Friday, February 16, 2018)]
[Rules and Regulations]
[Pages 6966-6968]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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.

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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