[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
[[Page 44794]]
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]
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