[Federal Register Volume 83, Number 77 (Friday, April 20, 2018)]
[Rules and Regulations]
[Pages 17489-17492]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-08314]


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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: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary special local 
regulation on Pensacola Bay in Pensacola, FL. This action is necessary 
to protect the persons participating in the Pensacola Triathlon marine 
event. This regulation restricts transit into, through, and within the 
regulated area unless authorized by the Captain of the Port Sector 
Mobile (COTP) or a designated representative.

DATES: This rule is effective from 4 a.m. through 10 a.m. April 29, 
2018.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2018-0103 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 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 Information and Regulatory History

    On January 16, 2018, the Pensacola Triathlon notified the Coast 
Guard that it would be conducting the swim portion of the race in the 
vicinity of the Vince J. Whibbs Sr. Community Maritime Park in 
Pensacola, FL. In response, on March 6, 2018, the Coast Guard published 
a notice of proposed rulemaking (NPRM) titled Special Local Regulation; 
Pensacola Bay, Pensacola, FL (83 FR 9454). There we stated why we 
issued the NPRM, and invited

[[Page 17490]]

comments on our proposed regulatory action related to this triathlon 
event. During the comment period that ended April 5, 2018, we received 
four 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 is impracticable and contrary to public interest because it 
would delay the safety measures necessary to respond to potential 
safety hazards associated with this marine event. Immediate action is 
needed protect participants, spectators, and other persons and vessels 
during the triathlon event on these navigable waters.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1233. The Captain of the Port Sector Mobile (COTP) has determined that 
potential hazards associated with the Pensacola Triathlon marine event 
on April 29, 2018 will be a safety concern for any vessels or persons 
within 300 yards of the Pensacola Triathlon. The purpose of this rule 
is to protect participants, spectators, and other persons and vessels 
during the Triathlon event on navigable waters.

IV. Discussion of the Rule

    As noted above, we received four comments on our NPRM published on 
March 6, 2018. Two of the four commenters supported the rulemaking. 
Another commenter opposed regulatory action generally without making 
remarks specific to this rulemaking, and the last comment was not 
related to the subject matter of this rulemaking at all. There are no 
changes in the regulatory text of this rule from the proposed rule in 
the NPRM.
    This rule establishes temporary special local regulation from 4 
a.m. through 10 a.m. on April 29, 2018. The regulated area will cover a 
300 yard radius from position 30[deg]24'16.4'' N, 87[deg]12'55.2'' W in 
Pensacola Bay, Pensacola, FL. The duration of this special local 
regulation is intended to ensure the safety of vessels and persons 
before, during, and after the Pensacola Triathlon marine event. No 
vessel or person is 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 may 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 ``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 COTP or a designated representative and 
when so directed by that officer shall be operated at a minimum safe 
navigation speed in a manner that 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 
can terminate enforcement of the special local regulations 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 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 13563 emphasizes the importance of 
quantifying both costs and benefits, of reducing costs, of harmonizing 
rules, and of promoting flexibility. This rule has not been designated 
a ``significant regulatory action,'' under Executive Order 12866. 
Accordingly, it has not been reviewed by the Office of Management and 
Budget.
    This regulatory action determination is based on size, location, 
and duration of the special local regulation. The regulated area is a 
small area of Pensacola Bay extending in a 300 yard radius from 
position 30[deg]24'16.4'' N, 87[deg]12'55.2'' W, lasting only 6 hours 
on one day. Additionally, the Coast Guard will issue Broadcast Notices 
to Mariners (BNMs) 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 received no comments from the Small Business 
Administration on this rulemaking. 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 
regulated area 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

[[Page 17491]]

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 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 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 
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 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 in 33 CFR Part 100

    Marine safety, Navigation (water), Reporting and recordkeeping 
requirements, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends 
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 from 4 a.m. 
through 10 a.m. on April 29, 2018.
    (c) Special local regulations. (1) In accordance with the general 
regulations in Sec.  100.801 of this part, 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 may 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 COTP to patrol the regulated area.
    (3) 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 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.

[[Page 17492]]

    (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 special local 
regulation as well as any changes in the planned schedule.

    Dated: April 16, 2018.
M.R. Mclellan,
Captain, U.S. Coast Guard, Captain of the Port Sector Mobile.
[FR Doc. 2018-08314 Filed 4-19-18; 8:45 am]
 BILLING CODE 9110-04-P


