[Federal Register Volume 76, Number 80 (Tuesday, April 26, 2011)]
[Rules and Regulations]
[Pages 23189-23191]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-9990]
[[Page 23189]]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2011-0212]
RIN 1625-AA00
Safety Zone; Pensacola Bay; Pensacola, FL
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone for a
portion of Pensacola Bay including all waters represented by positions
30[deg]20'40.73'' N 087[deg]17'19.73'' W, 30[deg]20'11.12'' N
087[deg]17'20.31'' W, 30[deg]20'41.51'' N 087[deg]15'01.15'' W, and
30[deg]20'11.76'' N 087[deg]15'01.18'' W creating a box, referred to as
the ``Show Box''. This action is necessary for the protection of
persons and vessels on navigable waters during the Blue Angels' air
show. Entry into, transiting or anchoring in this zone is prohibited to
all vessels, mariners, and persons unless specifically authorized by
the Captain of the Port (COTP) Mobile or a designated representative.
DATES: This rule is effective and enforceable with actual notice from
May 3, 2011, through May 4, 2011. Exact enforcement times will be
published in the Local Notice to Mariners and broadcasted via a Safety
Broadcast Notice to Mariners.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2011-0212 and are available online
by going to http://www.regulations.gov, inserting USCG-2011-0212 in the
``Keyword'' box, and then clicking ``Search.'' They are also available
for inspection or copying at the Docket Management Facility (M-30),
U.S. Department of Transportation, West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays and
U.S. Coast Guard Sector Mobile (spw), Building 102, Brookley Complex
South Broad Street Mobile, AL 36615, between 8:00 a.m. and 3:30 p.m.,
Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call or e-mail LT Lisa G. Hartley, Coast Guard Sector
Mobile, Waterways Division; telephone 251-441-6512 or e-mail
[email protected]. If you have questions on viewing the docket,
call Renee V. Wright, Program Manager, Docket Operations, telephone
202-366-9826.
SUPPLEMENTARY INFORMATION:
Regulatory Information
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)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because there is insufficient time to publish
a NPRM. The Coast Guard received an application for a Marine Event
Permit on March 23, 2011, from Naval Air Station Pensacola, in
Pensacola, FL of their intentions to hold an aerobatic display over
Pensacola Bay, Pensacola, FL. Publishing a NPRM is impracticable
because it would delay the required safety zone's effective date and
immediate action is needed to protect persons and vessels from safety
hazards associated with the aerobatic display. The safety zone will be
enforced for short durations during a two-day period.
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. The Coast Guard received an
application for a Marine Event Permit on March 23, 2011, from Naval Air
Station Pensacola, in Pensacola, FL of their intentions to hold an
aerobatic display over Pensacola Bay, Pensacola, FL. Additionally, this
rule is temporary and will only be enforced for short durations during
a two-day period while the aerobatic displays are taking place.
Providing a 30 day notice period would delay the effective date and is
impracticable because immediate action is needed to protect persons and
vessels from safety hazards associated with the aerobatic displays.
Background and Purpose
Naval Air Station Pensacola's Blue Angel Air Show will take place
over a portion of Pensacola Bay, Pensacola, FL and poses significant
safety hazards to both vessels and mariners operating in or near the
air show area referred to as the ``Show Box''. Due to FAA directive
8900.1, this waterway must be closed to transiting watercraft to
sterilize the ``Show box'' during the performances by the U.S. Navy
Blue Angels. The COTP Mobile is establishing a temporary safety zone
for a portion of Pensacola Bay, Pensacola, FL, to protect persons and
vessels during the air performances.
The COTP anticipates minimal impact on vessel traffic due to this
regulation. However, this safety zone is deemed necessary for the
protection of life and property within the COTP Mobile zone.
Discussion of Rule
The Coast Guard is establishing a temporary safety zone for a
portion of Pensacola Bay including all waters represented by positions
30[deg]20'40.73'' N 087[deg]17'19.73'' W, 30[deg]20'11.12' N
087[deg]17'20.31'' W, 30[deg]20'41.51'' N 087[deg]15'01.15'' W, and
30[deg]20'11.76'' N 087[deg]15'01.18'' W creating a box, referred to as
the ``Show Box''. This temporary rule will protect the safety of life
and property in this area. Entry into, transiting or anchoring in this
zone is prohibited to all vessels, mariners, and persons unless
specifically authorized by the COTP Mobile or a designated
representative.
The COTP may be contacted by telephone at 251-441-5976. The COTP
Mobile or a designated representative will inform the public through
broadcast notice to mariners of changes in the effective period and
enforcement times for the safety zone. This rule is effective from May
3, 2011, through May 4, 2011.
Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.
Executive Order 12866 and Executive Order 13563
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, and does not require an
assessment of potential costs and benefits under section 6(a)(3) of
that Order. The Office of Management and Budget has not reviewed it
under that Order.
The safety zone listed in this rule will restrict vessel traffic
from entering, transiting or anchoring in a small portion of Pensacola
Bay only during certain times over a two-day period. The effect of this
regulation will not be significant for several reasons: (1) This rule
will only affect vessel traffic for a short duration; (2) vessels may
request permission from the COTP to transit through the safety zone;
and (3) the
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impacts on routine navigation are expected to be minimal. Notifications
to the marine community will be made through local notice to mariners
and broadcast notice to mariners. These notifications will allow the
public to plan operations around the affected area.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. 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. This rule will affect the following entities, some of which
may be small entities: The owners or operators of vessels intending to
transit or anchor in affected portions of Pensacola Bay during the
Naval Air Station Pensacola's Blue Angels Air Show. This safety zone
will not have a significant economic impact on a substantial number of
small entities for the following reasons: the zone is limited in size,
is of short duration and vessel traffic may request permission from the
COTP Mobile or a designated representative to enter or transit through
the zone.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), in the NPRM we offered to
assist small entities in understanding the rule so that they could
better evaluate its effects on them and participate in the rulemaking
process. 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.
Collection of Information
This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.
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.
Taking of Private Property
This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.
Indian Tribal Governments
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.
Energy Effects
We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
this action is one of a category of actions which do not individually
or cumulatively have a significant effect on the human environment.
This rule is categorically excluded, under figure 2-1, paragraph
(34)(g), of the Instruction. This rule involves safety for the public
and environment and is not expected to result in any significant
adverse environmental impact as described in NEPA. An environmental
analysis checklist and a categorical exclusion
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determination will be made available as directed under the ADDRESSES
section.
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: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701, 3306,
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Pub.
L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.
0
2. Add Sec. 165.T08-0212 to read as follows:
Sec. 165.T08-0212 Safety Zone; Pensacola Bay; Pensacola, FL.
(a) Location. The following area is a safety zone: a portion of
Pensacola Bay including all waters represented by positions
30[deg]20'40.73'' N 087[deg]17'19.73'' W, 30[deg]20'11.12'' N
087[deg]17'20.31'' W, 30[deg]20'41.51'' N 087[deg]15'01.15'' W, and
30[deg]20'11.76'' N 087[deg]15'01.18'' W creating a box, referred to as
the ``Show Box''.
(b) Enforcement dates. This rule will be enforced from May 3, 2011,
through May 4, 2011.
(c) Regulations. (1) In accordance with the general regulations in
Sec. 165 of this part, entry into this zone is prohibited unless
authorized by the Captain of the Port Mobile or a designated
representative.
(2) Persons or vessels desiring to enter into or passage through
the zone must request permission from the Captain of the Port Mobile or
a designated representative.
They may be contacted on VHF-FM channels 16 or by telephone at 251-
441-5976.
(3) If permission is granted, all persons and vessels shall comply
with the instructions of the Captain of the Port or designated
representative. Designated representatives include commissioned,
warrant, and petty officers of the U.S. Coast Guard.
(d) Informational broadcasts: The Captain of the Port or a
designated representative will inform the public through broadcast
notices to mariners of the enforcement period for the safety zone as
well as any changes in the planned schedule.
Dated: April 5, 2011.
D.J. Rose,
Captain, U.S. Coast Guard, Captain of the Port Mobile.
[FR Doc. 2011-9990 Filed 4-25-11; 8:45 am]
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