[Federal Register Volume 83, Number 36 (Thursday, February 22, 2018)]
[Proposed Rules]
[Pages 7644-7647]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-03663]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2018-0086]
RIN 1625-AA08


Safety Zone; Pensacola Bay, 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 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. The proposed 
rulemaking is necessary to provide for the safety of life and property 
on these

[[Page 7645]]

navigable waters during the Tall Ships Pensacola marine event. This 
proposed rulemaking would 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. We invite 
your comments on this proposed rulemaking.

DATES: Comments and related material must be received by the Coast 
Guard on or before March 9, 2018.

ADDRESSES: You may submit comments identified by docket number USCG-
2018-0086 using the Federal eRulemaking Portal at http://www.regulations.gov. See the ``Public Participation and Request for 
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further 
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this 
proposed rulemaking, call or email LT 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
MM Mile Marker
NPRM Notice of Proposed Rulemaking
PATCOM Patrol Commander
Sec.  Section
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    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 event will consist of a boat parade of the tall ships in Pensacola 
Bay on April 12, 2018. The event will also consist of several days of 
public tours and sailings of the tall ships at the Port of Pensacola, 
Pensacola, FL, which is expected to attract several thousand 
spectators. 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, and 
public tours and sailings of these tall ships.
    The purpose of this proposed rulemaking is to ensure the safety of 
vessels and persons during the tall ships' visit on the navigable 
waters of the Pensacola Bay in Pensacola, FL. The Coast Guard proposes 
this rulemaking under authority in 33 U.S.C. 1231.
    The Coast Guard is issuing this Notice of Proposed Rulemaking 
(NPRM) with 15-day prior notice and opportunity to comment pursuant to 
authority under section (d)(3) of the Administrative Procedure Act 
(APA) (5 U.S.C. 553(d)). This provision authorizes an agency to publish 
a rule in less than 30 days before its effective date for ``good cause 
found and published with the rule.'' Under 5 U.S.C. 553(b)(B), the 
Coast Guard finds that good cause exists for publishing this NPRM with 
a 15-day comment period because it is impractical to provide a 30-day 
comment period. This proposed safety zone is necessary to ensure the 
safety of vessels and persons during the tall ships' visit to 
Pensacola. It is impracticable to publish an NPRM with a 30-day comment 
period because we must establish this safety zone by April 12, 2018.

III. Discussion of Proposed Rule

    The Coast Guard proposes to establish 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 proposes to establish 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. The proposed rulemaking is 
needed to provide for the safety of life and property on these 
navigable waters during the Tall Ship Pensacola marine event. This 
proposed rulemaking restricts transit into, through, and within the 
zone unless specifically authorized by the COTP or a designated 
representative. No vessel or person would be 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 would 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 would 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 would 
terminate enforcement of the safety zone at the conclusion of the 
event.
    The regulatory text we are proposing appears at the end of this 
document.

IV. 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 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

[[Page 7646]]

to control regulatory costs through a budgeting process. This NPRM has 
not been designated a ``significant regulatory action,'' under 
Executive Order 12866. Accordingly, the NPRM 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 proposed rulemaking. The proposed safety zone would 
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 would 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 proposed rule 
would also allow vessels to seek permission from the COTP or a 
designated representative 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 
proposed rule would 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 
IV.A above, this proposed rule would not have a significant economic 
impact on any vessel owner or operator.
    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 rule would economically affect it.
    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 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. 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.

C. Collection of Information

    This proposed rule would 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 proposed 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 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. If 
you believe this proposed rule has implications for federalism or 
Indian tribes, please contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section.

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 proposed rule would not 
result in such an 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 
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.
    We seek any comments or information that may lead to the discovery 
of a significant environmental impact from this proposed rule.

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.

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking, 
and will consider all comments and material received during the comment 
period. Your comment can help shape the outcome of this rulemaking. If 
you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this document to which 
each comment applies, and provide a reason for each suggestion or 
recommendation.
    We encourage you to submit comments through the Federal eRulemaking 
Portal at http://www.regulations.gov. If your material cannot be 
submitted using http://www.regulations.gov, contact the person in the 
FOR FURTHER INFORMATION CONTACT section of this document for alternate 
instructions.
    We accept anonymous comments. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and the 
docket, visit http://www.regulations.gov/privacyNotice.
    Documents mentioned in this NPRM as being available in the docket, 
and all public comments, will be in our online

[[Page 7647]]

docket at http://www.regulations.gov and can be viewed by following 
that website's instructions. Additionally, if you go to the online 
docket and sign up for email alerts, you will be notified when comments 
are posted or a final rule is published.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, 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; 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 of 
this part, 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 will 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''.
    (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 16 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.
    (5) 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 or a designated representative to patrol the regulated 
area.
    (6) 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.
    (7) 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 the COTP or a designated representative.
    (8) 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.
    (9) The COTP or 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.
    (10) 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.
    (11) The COTP or a designated representative will terminate 
enforcement of the safety zone prior to or 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: February 15, 2018.
M.R. McLellan,
Captain, U.S. Coast Guard, Captain of the Port Sector Mobile.
[FR Doc. 2018-03663 Filed 2-21-18; 8:45 am]
 BILLING CODE 9110-04-P


