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Federal Register / Vol. 86, No. 235 / Friday, December 10, 2021 / Rules and Regulations 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 USCG2021
0862 in the search box and click search. Next, in the Document Type column, select Supporting & Related Material.
If you have questions on this rule, call or email Lieutenant Andrew S. Anderson, Sector Mobile, Waterways Management Division, U.S. Coast Guard; telephone 2514415940, email Andrew S.Anderson@uscg.mil.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:

I. Table of Abbreviations CFR Code of Federal Regulations DHS Department of Homeland Security FR Federal Register NPRM Notice of proposed rulemaking Section U.S.C. United States Code
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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 4a of the Administrative Procedure Act APA 5 U.S.C. 553b. 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.
553b3B, 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
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reasonable comment period and then consider those comments before issuing the rule.
Under 5 U.S.C. 553d3, 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 2514415490.
V. Regulatory Analyses We developed this rule after considering numerous statutes and
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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. 601612, 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.
605b 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 213a of the Small Business Regulatory Enforcement Fairness Act of 1996 Pub. L. 104121, 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
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