[Federal Register Volume 83, Number 121 (Friday, June 22, 2018)]
[Rules and Regulations]
[Pages 29011-29013]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-13433]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2018-0531]
RIN 1625-AA00


Safety Zone; Unexploded Ordnance Detonation, Gulf of Mexico, 
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 
certain navigable waters of the Gulf of Mexico near Fort Pickens in 
Pensacola, FL. This temporary safety zone is necessary to protect 
persons, vessels, and the marine environment from potential hazards 
associated with the detonation of unexploded ordnance. Entry into this 
zone is prohibited to all vessels and persons unless authorized by the 
Captain of the Port Sector Mobile or a designated representative.

DATES: This rule is effective without actual notice from June 22, 2018 
through June 30, 2018. For purposes of enforcement, actual notice will 
be used from June 14, 2018 through June 22, 2018.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2018-0531 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

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 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)(3)(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 and 
contrary to the public interest. It is impracticable to publish an NPRM 
because we must enforce this safety zone starting June 14, 2018 and 
lack sufficient time to provide a reasonable comment period and then 
consider those comments before issuing the rule. It is also contrary to 
the public interest as it would delay the safety measures necessary to 
protect persons, vessels, and the marine environment from the potential 
hazards associated with the detonation of unexploded ordnance.
    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 is contrary to public interest because it would delay the 
safety measures necessary to protect persons, vessels, and the marine 
environment from the potential hazards associated with the detonation 
of unexploded ordnance.
    The United States Army Corps of Engineers is conducting a Remedial 
Investigation/Feasibility Study for the Fort Pickens Munitions Response 
Site 01--Range Complex, located in Escambia County, Florida. The site, 
which is located along the western tip of Santa Rosa Island and extends 
south into the Gulf of Mexico, was used for coastal defense from before 
the Civil War until after World War II. There is a potential that the 
marine investigation may encounter munitions that will require in-water 
detonation to address potential explosive hazards. The safety zone will 
encompass a 1,000 yard square area detonation area surrounded by a 
1,200 yard buffer area. The United States Army Corps of Engineers will 
be responsible for the detonation of ordnance within the safety zone.

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 detonation of unexploded ordnance 
beginning on June 14, 2018 will be a safety concern for any vessels or 
persons on the Gulf of Mexico near Fort Pickens in Pensacola, FL. This 
rule is necessary to protect persons, vessels, and the marine 
environment from the potential hazards associated with the detonation 
of unexploded ordnance.

IV. Discussion of the Rule

    This rule establishes a temporary safety zone from June 14, 2018 
through June 30, 2018. The safety zone will cover all navigable waters 
of the Gulf of Mexico within the approximate positions 
30[deg]17'47.65'' N, 87[deg]21'36.5'' W; 30[deg]17'47.65'' N, 
87[deg]19'39.8'' W; 30[deg]16'6.35'' N, 87[deg]19'39.8'' W; and 
30[deg]16'6.35'' N, 87[deg]21'36.5'' W near Fort Pickens in Pensacola, 
FL. The safety zone will encompass a 1,000 yard square area detonation 
area surrounded by a 1,200 yard buffer area. A chart depicting the area 
is included in the docket where indicated under ADDRESSES.
    The duration of this safety zone is intended to protect persons, 
vessels, and the marine environment, and will only be enforced if and 
when the detonation of unexploded ordnance is necessary. No person or 
vessel will be permitted to enter or transit within the safety zone 
during periods of enforcement unless authorized by the COTP or a 
designated representative. The periods of

[[Page 29012]]

enforcement will be one hour prior to, during, and after any ordnance 
exploding operations. The Coast Guard was informed that the operations 
would take place during daylight hours only. A law enforcement vessel 
will coordinate all vessel traffic during the enforcement periods. The 
COTP or a designated representative will inform the public through 
Broadcast Notices to Mariners (BNMs), Local Notices to Mariners (LNMs), 
and/or Marine Safety Information Bulletins (MSIBs) at least 3 hours in 
advance of each enforcement period.
    Entry into the temporary safety zone is prohibited unless 
authorized by the COTP or a designated representative. A designated 
representative is a commissioned, warrant, or petty officer of the U.S. 
Coast Guard assigned to units under the operational control of USCG 
Sector Mobile. Vessels requiring entry into this safety zone must 
request permission from the COTP or a designated representative. They 
may be contacted on VHF-FM channel 16 or by telephone at 251-441-5976. 
The COTP or a designated representative will inform the public of the 
enforcement periods of this safety zone through BNMs, LNMs, and/or 
MSIBs as appropriate.

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 
from the requirements of Executive Order 13771.
    This regulatory determination is based on the size, location, and 
duration of the temporary safety zone. Vessel traffic will be able to 
safely transit around this safety zone which would impact a small 
designated area of the Gulf of Mexico only as necessary for the 
detonation of ordnance during a two and half week period. Moreover, the 
Coast Guard will issue a BNMs via VHF-FM marine channel 16 about the 
zone, and the rule allows vessels to seek permission to enter the zone.

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 
temporary 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 temporary safety zone that will prohibit entry on a small designated 
area of the Gulf of Mexico near Fort Pickens in Pensacola, FL only as 
necessary for the detonation of ordnance. It is categorically excluded 
from further review under paragraph L60(a) of Appendix A, Table 1 of 
DHS Instruction

[[Page 29013]]

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 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.T08-0531 to read as follows:


Sec.  165.T08-0531  Safety Zone; Unexploded Ordnance Detonation, Gulf 
of Mexico, Pensacola, FL.

    (a) Location. The following area is a safety zone: All navigable 
waters on the Gulf of Mexico within the approximate positions 
30[deg]17'47.65'' N, 87[deg]21'36.5'' W; 30[deg]17'47.65'' N, 
87[deg]19'39.8'' W; 30[deg]16'6.35'' N, 87[deg]19'39.8'' W; and 
30[deg]16'6.35'' N, 87[deg]21'36.5'' W near Fort Pickens in Pensacola, 
FL.
    (b) Effective dates. This section is effective without actual 
notice from June 22, 2018 through June 30, 2018. For purposes of 
enforcement, actual notice will be used from June 14, 2018 through June 
22, 2018.
    (c) Enforcement periods. This section will be enforced during the 
effective period one hour prior to, during, and after any ordnance 
exploding operations. The operations will take place during daylight 
hours only. The Captain of the Port Sector Mobile (COTP) or a 
designated representative will inform the public through Broadcast 
Notices to Mariners (BNMs), Local Notices to Mariners (LNMs), and/or 
Marine Safety Information Bulletins (MSIBs) at least 3 hours in advance 
of each enforcement period. A law enforcement vessel will coordinate 
all vessel traffic during the enforcement periods.
    (d) Regulations. (1) In accordance with the general regulations in 
Sec.  165.23, entry into this zone is prohibited unless authorized by 
the COTP or a designated representative. A designated representative is 
a commissioned, warrant, or petty officer of the U.S. Coast Guard 
assigned to units under the operational control of USCG Sector Mobile.
    (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 channel 16 or by 
telephone at 251-441-5976.
    (3) Persons and vessels permitted to enter this safety zone must 
transit at their slowest safe speed and comply with all lawful 
directions issued by the COTP or the designated representative.
    (e) Informational broadcasts. The COTP or a designated 
representative will inform the public of the enforcement periods of 
this safety zone through BNMs, LNMs, and/or MSIBs as appropriate.

    Dated: June 6, 2018.
M.R. McLellan,
Captain, U.S. Coast Guard, Captain of the Port Sector Mobile.
[FR Doc. 2018-13433 Filed 6-21-18; 8:45 am]
 BILLING CODE 9110-04-P