[Federal Register Volume 83, Number 60 (Wednesday, March 28, 2018)]
[Rules and Regulations]
[Pages 13187-13190]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-06127]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2018-0086]
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 
all navigable waters on Pensacola Bay within 100 yards of each vessel 
participating in the Tall Ships Pensacola marine event and parade in 
Pensacola, FL and within 100 yards of the Port of Pensacola for the 
duration of the marine event and parade. This rule is necessary to 
provide for the safety of life and property on these navigable waters 
during the Tall Ships Pensacola marine event. This rule will prohibit 
persons and vessels from entering the safety zone unless specifically 
authorized by the Captain of the Port Sector Mobile (COTP) or a 
designated representative.

DATES: This rule is effective from 8 a.m. on April 12, 2018 through 8 
p.m. on April 15, 2018.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://

[[Page 13188]]

www.regulations.gov, type USCG-2018-0086 in the ``SEARCH'' box and 
click ``SEARCH.'' Click on Open Docket Folder on the line associated 
with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
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

BNM Broadcast Notice to Mariners
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 sponsor for the Tall Ships Pensacola marine event submitted an 
application for a marine event permit for the event that will take 
place from 8 a.m. on April 12, 2018 through 8 p.m. on April 15, 2018. 
The Captain of the Port Sector Mobile (COTP) has determined a safety 
zone is necessary to protect the public from the potential hazards 
associated with the tall ships during the organized parade, public 
tours, and sailings of these tall ships. In response, on February 22, 
2018 the Coast Guard published a notice of proposed rulemaking (NPRM) 
titled Safety Zone; Pensacola Bay, Pensacola, FL (83 FR 7644). There we 
stated why we issued the NPRM, and invited comments on our proposed 
regulatory action related to this Tall Ships Pensacola marine event. 
During the comment period that ended March 9, 2018, we received zero 
comments.
    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. Delaying the effective date of 
this rule would be impracticable because immediate action is needed to 
respond to the potential safety hazards associated with the Tall Ships 
Pensacola Marine Event.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231. The COTP has determined that potential hazards associated with 
the tall ships during the organized parade, public tours, and sailings 
of these tall ships on April 12, 2018 through April 15, 2018 will be a 
safety concern for any vessels or persons in the vicinity of waters on 
Pensacola Bay within 100 yards of each vessel participating in the Tall 
Ships Pensacola marine event and parade in Pensacola, FL and within 100 
yards of the Port of Pensacola for the duration of the marine event and 
parade. This rule is needed to protect the public, mariners, and 
vessels from the potential hazards associated with the tall ships 
during the organized parade, public tours, and sailings of these tall 
ships.

IV. Discussion of the Rule

    As noted above, we received no comments on our NPRM published on 
February 22, 2018. There are no substantive changes to the regulatory 
text of this rule from the proposed NPRM. There is one technical 
amendment in the regulatory text of this rule, which corrects the 
paragraph numbering in Sec.  165.T08-0086(c).
    This rule establishes a temporary safety zone on Pensacola Bay 
within 100 yards of each vessel participating in the Tall Ships 
Pensacola marine event from 8 a.m. on April 12, 2018 through 8 p.m. on 
April 15, 2018, covering each vessel from when the vessel arrives at 
Pensacola, FL, when moored at the Port of Pensacola, 30[deg]24'07.2'' 
N, 87[deg]12'44.7'' W, when underway in parade from position 
30[deg]24'07.2'' N, 87[deg]12'44.7'' W to 30[deg]19'52.6'' N, 
87[deg]18'31.5'' W, and when the vessel departs Pensacola, FL. The 
Coast Guard also is establishing a temporary safety zone on Pensacola 
Bay within 100 yards of the Port of Pensacola for the duration of the 
Tall Ships Pensacola marine event from 8 a.m. on April 12, 2018 through 
8 p.m. on April 15, 2018. This rule is needed to provide for the safety 
of life and property on these navigable waters during the Tall Ship 
Pensacola marine event. This rule restricts transit into, through, and 
within the zone unless specifically authorized by the COTP or a 
designated representative. No vessel or person is permitted to enter 
the zone without obtaining permission from the COTP or a designated 
representative. A designated representative may be a Patrol Commander 
(PATCOM). The PATCOM may be aboard either a Coast Guard or Coast Guard 
Auxiliary vessel. The PATCOM 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 ``official patrol vessels'' consist of 
any Coast Guard, state, or local law enforcement and sponsor provided 
vessels assigned or approved by the COTP or a designated representative 
to patrol the zone.
    Spectator vessels desiring to transit the zone may do so only with 
prior approval of the COTP or a designated representative and when so 
directed by that officer must be operated at a minimum safe navigation 
speed in a manner which will not endanger any other vessels. No 
spectator vessel shall anchor, block, loiter, or impede the through 
transit of official patrol vessels in the zone during the effective 
dates and times, unless cleared for entry by or through the COTP or a 
designated representative. Any spectator vessel may anchor outside the 
zone, but may not anchor in, block, or loiter in a navigable channel. 
Spectator vessels may be moored to a waterfront facility within the 
zone 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 zone 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 zone. 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 zone, citation for failure to comply, or both.
    The COTP or a designated representative may terminate 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 will 
terminate enforcement of the safety zone at the conclusion of the 
event.

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 protectors.

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

[[Page 13189]]

from the requirements of Executive Order 13771.
    This regulatory action determination is based on size, location, 
and duration of the proposed rulemaking. This safety zone will take 
place on a small area of Pensacola Bay, lasting for only four days from 
April 12, 2018 through April 15, 2018. Additionally, the Coast Guard 
will issue Broadcast Notices to Mariners via VHF-FM marine channel 16 
about the safety zone so that waterway users may plan accordingly for 
transits during this restriction, and the rule will allow vessels to 
seek permission from the COTP or a designated representative to enter 
the zone.

B. 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 
Directive 023-01 and Commandant Instruction M16475.1D, which guide 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 
a safety zone on Pensacola Bay within 100 yards of the Port of 
Pensacola and within 100 yards of any vessel participating in the Tall 
Ships Pensacola marine event and parade from April 12, 2018 through 
April 15, 2018. It is categorically excluded from further review under 
paragraph L60 of Appendix A, Table 1 of DHS Instruction Manual 023-01-
001-01, Rev. 01. A Record of Environmental Consideration (REC) 
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 coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places or vessels.

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. 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.T08-0086 to read as follows:


Sec.  165.T08-0086  Safety Zone; Pensacola Bay, Pensacola, FL.

    (a) Location. The following area is a safety zone: All navigable 
waters of the Pensacola Bay within 100 yards of each vessel 
participating in the Tall Ships Pensacola marine event and parade and 
within 100 yards of the Port of Pensacola, 30[deg]24'07.2'' N, 
87[deg]12'44.7'' W, Pensacola, FL.
    (b) Enforcement period. This section is effective from 8 a.m. on 
April 12, 2018 through 8 p.m. on April 15, 2018.
    (c) Regulations. (1) In accordance with the general regulations in 
Sec.  165.23, entry into, transiting through, or exiting 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 may be 
aboard either a Coast

[[Page 13190]]

Guard or Coast Guard Auxiliary vessel. The PATCOM may be contacted on 
Channel 16 VHF-FM (156.8 MHz) by the call sign ``PATCOM''.
    (2) Persons or vessels seeking to enter into or transit through the 
zone must request permission from the COTP 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 must comply 
with the instructions of the COTP or designated representative.
    (4) All persons and vessels not registered with the event 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 COTP to patrol the regulated area.
    (5) Spectator vessels desiring to transit the regulated area may do 
so only with prior approval of the COTP or a designated representative 
and when so directed by that officer will be operated at a minimum safe 
navigation speed in a manner that will not endanger participants in the 
zone or any other vessels.
    (6) 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.
    (7) 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.
    (8) 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.
    (9) 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.
    (10) The Patrol Commander will terminate enforcement of the safety 
zone 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: March 20, 2018.
M.R. Mclellan,
Captain, U.S. Coast Guard, Captain of the Port Sector Mobile.
[FR Doc. 2018-06127 Filed 3-27-18; 8:45 am]
 BILLING CODE 9110-04-P