[Federal Register Volume 84, Number 166 (Tuesday, August 27, 2019)]
[Proposed Rules]
[Pages 44792-44794]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-18390]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2019-0683]
RIN 1625-AA00


Safety Zone; Spaceport Sheboygan Corporate Rocket Challenge, 
Sheboygan Harbor, Sheboygan, WI

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard is proposing to establish a safety zone for 
certain waters of the Sheboygan Harbor and Lake Michigan. This action 
is necessary to provide for the safety of life on these navigable 
waters near Sheboygan, WI during a rocket launch event on September 28, 
2019. This proposed rulemaking would prohibit persons and vessels from 
being in the safety zone unless authorized by the Captain of the Port 
Lake Michigan 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 September 11, 2019.

ADDRESSES: You may submit comments identified by docket number USCG-
2019-0683 using the Federal eRulemaking Portal at https://

[[Page 44793]]

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 Chief Petty Officer Kyle Weitzell, 
Sector Lake Michigan Waterways Management Division, U.S. Coast Guard; 
telephone 414-747-7148, email [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, Purpose, and Legal Basis

    The Great Lakes Aerospace Science and Education Center notified the 
Coast Guard that it will be conducting a rocket launch event from 9 
a.m. through 12 noon on September 28, 2019. The rocket is to be 
launched from shore at the Sheboygan South Pier. Hazards from rocket 
launches over the water include accidental discharge of the ignition 
system, dangerous projectiles, and falling hot embers or other debris. 
The Captain of the Port Lake Michigan (COTP) has determined that 
potential hazards associated with the rockets to be used in this event 
would be a safety concern for anyone within a 1,500-yard radius of the 
rocket launch site.
    The purpose of this rulemaking is to protect the safety of vessels 
and the navigable waters within a 1,500-yard radius of the Sheboygan 
South Pier launch site located at coordinates 43[deg]44.914' N, 
087[deg]41.869' W before, during, and after the scheduled event. The 
Coast Guard is proposing this rulemaking under authority in 46 U.S.C. 
70034 (previously 33 U.S.C. 1231).

III. Discussion of Proposed Rule

    The COTP is proposing to establish a safety zone from 9 a.m. 
through 4 p.m. on September 28, 2019. The safety zone would cover all 
navigable waters within 1,500 yards of the Sheboygan South Pier launch 
site located at coordinates 43[deg]44.914' N, 087[deg]41.869' W near 
Sheboygan, WI. The duration of the zone is intended to protect the 
safety of vessels and these navigable waters before, during, and after 
the scheduled 9 a.m. through 12 noon rocket launch event. No vessel or 
person would be permitted to enter the safety zone without obtaining 
permission from the COTP or a designated representative. 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 Notice of Proposed 
Rulemaking (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 the size and 
duration of this action. The safety zone created by this rule will be 
relatively small and is designed to minimize its impact on navigable 
waters. This rule will prohibit entry into an area of the Sheboygan 
Harbor and Lake Michigan in Sheboygan, WI that is within 1,500 yards of 
the Sheboygan South Pier launch site located at coordinates 
43[deg]44.914' N, 087[deg]41.869' W during the rocket launch event, not 
to exceed seven hours in duration. Thus, restrictions on vessel 
movement within that particular area are expected to be minimal. Under 
certain conditions, moreover, vessels may still transit through the 
safety zone when permitted by the COTP.

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 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 call or email 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 call or email the person

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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 proposed rule under Department of Homeland 
Security Directive 023-01 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 made 
a preliminary determination 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 proposed rule involves a safety 
zone lasting no more than seven hours that would prohibit entry within 
1,500 yards of a rocket launch site. Normally such actions are 
categorically excluded from further review under paragraph L60(a) in 
Table 3-1 of U.S. Coast Guard Environmental Planning Implementing 
Procedures. A preliminary Record of Environmental Consideration 
supporting this determination will be available in the docket where 
indicated under ADDRESSES once it is completed. 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 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.

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 https://www.regulations.gov. If your material cannot be 
submitted using https://www.regulations.gov, call or email 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 https://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and the 
docket, visit https://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 https://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 165

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

    For the reasons discussed in the preamble, the Coast Guard is 
proposing to amend 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. 0170.1

0
2. Add Sec.  165.T09-0683 to read as follows:


Sec.  165.T09-0683   Safety Zone; Spaceport Sheboygan Corporate Rocket 
Challenge, Sheboygan Harbor, Sheboygan, WI.

    (a) Location. All navigable waters of the Sheboygan Harbor and Lake 
Michigan near Sheboygan, WI within 1,500 yards of the Sheboygan South 
Pier rocket launch site located at coordinates 43[deg]44.914' N, 
087[deg]41.869' W.
    (b) Enforcement Period. This rule will be enforced from 9 a.m. 
through 4 p.m. on September 28, 2019.
    (c) Regulations. (1) In accordance with the general regulations in 
section Sec.  165.23 of this part, entry into, transiting, or anchoring 
within this safety zone is prohibited unless authorized by the Captain 
of the Port Lake Michigan (COTP) or a designated on-scene 
representative.
    (2) This safety zone is closed to all vessel traffic, except as may 
be permitted by the COTP or a designated on-scene representative.
    (3) The ``on-scene representative'' of the COTP is any Coast Guard 
commissioned, warrant or petty officer who has been designated by the 
COTP to act on his or her behalf.
    (4) Vessel operators desiring to enter or operate within the safety 
zone must contact the COTP or an on-scene representative to obtain 
permission to do so. The COTP or an on-scene representative may be 
contacted via VHF Channel 16. Vessel operators given permission to 
enter or operate in the safety zone must comply with all directions 
given to them by the COTP or an on-scene representative.

    Dated: August 21, 2019.
T.J. Stuhlreyer,
Captain, U.S. Coast Guard, Captain of the Port Lake Michigan.
[FR Doc. 2019-18390 Filed 8-26-19; 8:45 am]
 BILLING CODE 9110-04-P