[Federal Register Volume 84, Number 35 (Thursday, February 21, 2019)]
[Rules and Regulations]
[Pages 5354-5356]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-02843]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2019-0019]
RIN 1625-AA00


Safety Zone; Pensacola Bay, Pensacola Beach, FL

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard establishes a temporary safety zone for the 
navigable waters within 100 yards from the center span of the Pensacola 
Bay Bridge, Pensacola Beach, FL. This temporary safety zone is 
necessary to provide for the safety of life and property on these 
navigable waters during a bridge construction project on the waterway. 
Entry into or transiting in this zone is prohibited to 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 from March 6, 2019, through March 9, 
2019.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2019-0019 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. It is 
impracticable to publish an NPRM because we must establish this safety 
zone by March 6, 2019 and lack sufficient time to provide a reasonable 
comment period and then consider those comments before issuing the 
rule. Delaying the rule would compromise the safety measures necessary 
to protect life and property from possible hazards associated with the 
bridge construction project.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for

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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 respond to potential safety hazards associated with this bridge 
construction project. Immediate action is needed to protect vessels and 
mariners from the safety hazards associated with the bridge 
construction project.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C. 
70034. The Captain of the Port Sector Mobile (COTP) has determined that 
potential hazards associated with the bridge construction project from 
March 6, 2019 through March 9, 2019 will be a safety concern for any 
vessels and persons within 100 yards of the center span of the 
Pensacola Bay Bridge at, Pensacola Beach, FL. This rule is needed to 
protect the public, mariners, and vessels from the potential hazards 
associated with the bridge construction project on the waterway.

IV. Discussion of the Rule

    The Coast Guard is establishing a temporary safety zone 
encompassing the navigable waters within 100 yards of the center span 
of the Pensacola Bay Bridge in Pensacola, FL. The location and duration 
of this safety zone is intended to protect persons and vessels during 
the bridge construction project that will take place on this navigable 
waterway. No person or vessel will be permitted to enter or transit 
within the safety zone, unless specifically authorized by the COTP or a 
designated representative. Public notifications will be made to the 
local maritime community prior to the event through Broadcast Notice to 
Mariners (BNM). Mariners and other members of the public may also 
contact the COTP or designated representative to inquire about the 
safety zone by telephone at 251-441-5976.

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 safety zone. This temporary safety zone will only 
restrict navigation within 100 yards of the center span of the 
Pensacola Bay Bridge in Pensacola, FL for four days for power cable 
laying during a bridge construction project. Moreover, the Coast Guard 
will issue a Broadcast Notice to Mariners (BNM) via VHF-FM marine 
channel 15 and 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, which guides the Coast Guard in complying with the

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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 that will prohibit 
entry thru the Pensacola Bay Bridge at the center span and 100 yards 
from it for four days. 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 (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:  46 U.S.C. 70034; 46 U.S.C. 70051; 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.T08-0019 to read as follows:


Sec.  165.T08-0019  Safety Zone; Pensacola Bay Bridge, Pensacola Beach, 
FL.

    (a) Location. The following area is a safety zone: All navigable 
waters within 100 yards of the vicinity of the Pensacola Bay Bridge at 
the center span, Pensacola Beach, FL.
    (b) Enforcement period. This section will be enforced from March 6, 
2019 through March 9, 2019.
    (c) Regulations. (1) The general regulations contained in Sec.  
165.23 of this part as well as the regulations in this section apply to 
the safety zone.
    (2) Entry into this zone is prohibited unless authorized by the 
Captain of the Port Sector Mobile (COTP) or a designated 
representative.
    (3) 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 15 an16 or by 
telephone at 251-441-5976.(4) If permission is granted, all persons and 
vessels must comply with the instructions of the COTP or 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 safety zone.

    Dated: February 13, 2019.
M.R. McLellan,
Captain, U. S. Coast Guard, Captain of the Port Sector Mobile.
[FR Doc. 2019-02843 Filed 2-20-19; 8:45 am]
 BILLING CODE 9110-04-P