[Federal Register Volume 83, Number 44 (Tuesday, March 6, 2018)]
[Proposed Rules]
[Pages 9454-9456]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-04503]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2018-0103]
RIN 1625-AA08


Special Local Regulation; 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 special 
local regulation on Pensacola Bay in Pensacola, FL. The proposed 
rulemaking is needed to protect the persons participating in the 
Pensacola Triathlon marine event. This proposed rulemaking restricts 
transit into, through and within the regulated area 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 April 5, 2018.

ADDRESSES: You may submit comments identified by docket number USCG-
2018-0103 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
NPRM Notice of Proposed Rulemaking
PATCOM Patrol Commander
Sec.  Section
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    On January 16, 2018, the marine event sponsor for the annual 
Pensacola Triathlon marine event submitted an application for a marine 
event permit. The Captain of the Port Sector Mobile (COTP) has 
determined a special local regulation is needed to protect the persons 
participating in and viewing the Pensacola Triathlon marine event.
    The purpose of this proposed rulemaking is to restrict transit 
into, through and within the regulated area on Pensacola Bay extending 
in a 300 yard radius from position 30[deg]24'16.4'' N, 87[deg]12'55.2'' 
W in Pensacola, FL during the Pensacola Triathlon. The Coast Guard 
proposes this rulemaking under authority in 33 U.S.C. 1233.

III. Discussion of Proposed Rule

    The Coast Guard proposes to establish a temporary special local 
regulation on Pensacola Bay extending in a 300 yard radius from 
position 30[deg]24'16.4'' N, 87[deg]12'55.2'' W in Pensacola, FL. The 
proposed rulemaking is needed to needed to protect the persons 
participating in the Pensacola Triathlon marine event. This proposed 
rulemaking restricts transit into, through and within the regulated 
area unless specifically authorized by the COTP. No vessel or person 
would be permitted to enter the regulated area 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 Patrol 
Commander 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

[[Page 9455]]

``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.
    Spectator vessels desiring to transit the regulated area may do so 
only with prior approval of the Patrol Commander and when so directed 
by that officer would be operated at a minimum safe navigation speed in 
a manner which will not endanger participants in the regulated area or 
any other vessels. 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. 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.
    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.
    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. The COTP or a designated representative 
would terminate enforcement of the special local regulations 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 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 special local 
regulation on Pensacola Bay extending in a 300 yard radius from 
position 30[deg]24'16.4'' N, 87[deg]12'55.2'' W in Pensacola, FL from 4 
a.m. to 10 a.m. on April 29, 2018. 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. The rule also allows vessels to seek 
permission from the COTP or a designated representative to enter the 
regulated area.

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

[[Page 9456]]

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 special local regulation on 
Pensacola Bay extending in a 300 yard radius from position 
30[deg]24'16.4'' N, 87[deg]12'55.2'' W in Pensacola, FL. It is 
categorically excluded from further review under paragraph L61 of 
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 01. A 
Record of Environmental Consideration (REC) supporting this 
determination would be 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 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 100

    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 100 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

0
1. The authority citation for part 100 continues to read as follows:

    Authority: 33 U.S.C. 1233; 33 CFR 1.05-1.

0
2. Add Sec.  100.35T08-0103 to read as follows:


Sec.  100.35T08-0103  Special Local Regulation; Pensacola Bay, 
Pensacola, FL

    (a) Regulated area. All navigable waters of Pensacola Bay extending 
in a 300 yard radius from position 30[deg]24'16.4'' N, 87[deg]12'55.2'' 
W in Pensacola, FL.
    (b) Enforcement period. This section will be enforced on April 29, 
2018.
    (c) Special local regulations.
    (1) In accordance with the general regulations in Sec.  100.801, 
entry into, transit within or through, or exit 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 Patrol Commander may 
be contacted on Channel 16 VHF-FM (156.8 MHz) by the call sign 
``PATCOM''.
    (2) 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 Captain of the Port (COTP) Mobile to patrol the regulated area.
    (3) Spectator vessels desiring to transit the regulated area may do 
so only with prior approval of the Patrol Commander and when so 
directed by that officer will be operated at a minimum safe navigation 
speed in a manner which will not endanger participants in the regulated 
area or any other vessels.
    (4) 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.
    (5) 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.
    (6) 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.
    (7) 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.
    (8) The COTP or a designated representative will terminate 
enforcement of the special local regulations 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 26, 2018.
M.R. McLellan,
Captain, U.S. Coast Guard, Captain of the Port Sector Mobile.
[FR Doc. 2018-04503 Filed 3-5-18; 8:45 am]
BILLING CODE 9110-04-P


