[Federal Register Volume 86, Number 235 (Friday, December 10, 2021)]
[Rules and Regulations]
[Pages 70380-70382]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-26755]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2021-0862]
RIN 1625-AA00


Safety Zone; Pensacola Bay, Pensacola Beach, FL

AGENCY: Coast Guard, Department of Homeland Security (DHS).

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for

[[Page 70381]]

all navigable waters within 100 yards from the pilings, work equipment, 
and structures of the Pensacola Bay Bridge, Pensacola Beach, FL, 
including the channel at the center span. This temporary safety zone is 
needed to protect personnel, vessels, and the marine environment from 
potential hazards created by repair work on the bridge. Entry of 
vessels or persons into this zone is prohibited unless specifically 
authorized the Captain of the Port Sector Mobile (COTP) or a designated 
representative.

DATES: This rule is effective without actual notice from December 10, 
2021, until December 31, 2021. For purposes of enforcement, actual 
notice will be used from December 3, 2021, until December 10, 2021.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2021-0862 in the search box and click ``search.'' Next, in the Document 
Type column, select ``Supporting & Related Material.''

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Lieutenant Andrew S. Anderson, Sector Mobile, Waterways 
Management Division, U.S. Coast Guard; telephone 251-441-5940, email 
Andrew [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
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 establish this safety zone by December 3, 2021, and 
lack sufficient time to provide a reasonable comment period and then 
consider those comments before issuing the rule.
    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 respond to potential safety hazards 
associated with this project. Immediate action is needed to protect 
vessels and mariners from the safety hazards associated with the bridge 
construction project on the waterway.

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 on 
December 3rd will be a safety concern for any vessels or persons within 
100 yards from the pilings, work equipment, and structures of the 
Pensacola Bay Bridge, Pensacola Beach, FL, including the channel at the 
center span which will be impassable at the time. 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, effective 
for 24 hours a day, starting at 6 a.m. on December 3rd through 6 a.m. 
December 31, 2021. The safety zone encompasses the navigable waters 
within 100 yards from the pilings, work equipment, and structures of 
the Pensacola Bay Bridge, Pensacola Beach, FL, including the channel at 
the center span which will be impassable at the time. 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 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 251-441-5490.

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. 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). 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 from the pilings, work equipment 
and structures of the Pensacola Bay Bridge, Pensacola Beach, FL, for 
duration of the bridge construction. Moreover, the rule would allow 
vessels to seek permission to enter the zone.

B. Impact 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 
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

[[Page 70382]]

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.

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, Rev. 1., associated implementing instructions, and 
Environmental Planning COMDTINST 5090.1 (series), 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 
safety zone that will prohibit mariners and the public 100 yards from 
the pilings, work equipment and structures of the Pensacola Bay Bridge, 
Pensacola Beach, FL, including the channel at the center span that will 
be impassable at this time. 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.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to call or email 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, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No. 
00170.1, Revision No. 01.2.


0
2. Add Sec.  165.T08-0862 to read as follows:


Sec.  165.T08-0862  Safety Zone; Pensacola Bay Bridge, Pensacola Beach, 
FL.

    (a) Location. The following area is a safety zone: All navigable 
waters within 100 yards from the pilings, work equipment, and 
structures of the Pensacola Bay Bridge, Pensacola Beach, FL, including 
the channel at the center span which will be impassable at the time.
    (b) Enforcement period. This section is effective without actual 
notice from December 10, 2021, until December 31, 2021. For purposes of 
enforcement, actual notice will be used from December 3, 2021, until 
December 10, 2021.
    (c) Regulations. (1) The general regulations contained in Sec.  
165.23 as well as the regulations in this section apply to the 
regulated area.
    (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 and 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.
    (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: December 3, 2021.
L.A. Allen,
Captain, U.S. Coast Guard, Captain of the Port Sector Mobile.
[FR Doc. 2021-26755 Filed 12-9-21; 8:45 am]
BILLING CODE 9110-04-P


