Safety Zone; Mississippi Sound, Biloxi, MS, 10419-10422 [2018-04734]
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amozie on DSK30RV082PROD with PROPOSALS
Federal Register / Vol. 83, No. 47 / Friday, March 9, 2018 / Proposed Rules
docket number for this notice. All
comments received may be posted
without change to https://
www.regulations.gov, including any
personal identifiers, contact
information, or other personal
information provided. Do not submit
confidential business information, trade
secret information, or other sensitive or
protected information that you do not
want to be available to the public. If
furnished at all, such information
should be submitted by mail/hand
delivery/courier.
Docket: For access to the docket to
read background documents or
comments received, go to: https://
www.regulations.gov, insert docket
number CPSC–2018–0003 into the
‘‘Search’’ box, and follow the prompts.
FOR FURTHER INFORMATION CONTACT:
Rocky Hammond, Office of the
Secretary, Consumer Product Safety
Commission, 4330 East-West Highway,
Bethesda, MD 20814; telephone: 301–
504–6833; email: RHammond@cpsc.gov.
SUPPLEMENTARY INFORMATION: On
¨
December 15, 2017, Hovding submitted
a petition requesting that the
Commission exempt ‘‘inflatable head
protective devices for bicyclists’’ from
the testing requirements of the Safety
Standard for Bicycle Helmets, 16 CFR
part 1203 (Bike Helmet Standard), if
such product complies with, and is
certified to, requirements in a standard
developed by SP Technical Research
Institute of Sweden, SP-method 4439,
Inflatable head protective devices with
electronic triggering system for pedal
cyclists (SP-Method 4439).1
¨
Hovding manufactures and markets a
product that is intended to prevent or
reduce head injuries to bicyclists in a
¨
crash. The Hovding product is worn
around the cyclist’s neck, like a collar.
In the event of a crash, it inflates to
cover the rider’s head for a few seconds
¨
and then deflates. Hovding points out
that the requirements in the Bike
Helmet Standard only anticipate hard
shell bike helmets and does not
anticipate other types of designs that
¨
protect a cyclist’s head. Hovding states
that protective devices like its product
cannot meet the Bike Helmet Standard,
as written, because the test procedures
are not appropriate for these types of
inflatable products. According to
¨
Hovding, the Swedish standard, SPMethod 4439, was designed to ensure
that some of the performance criteria
applied to hard shell helmets in the
Bike Helmet Standard are applied to
inflatable head protection devices,
sufficient to demonstrate that such
products can protect a cyclist’s head in
an accident.
By this notice, the Commission seeks
comments concerning this petition. In
particular, the Commission seeks
comments on the following:
• Does an inflatable helmet provide
equivalent or greater protection against
skull fractures compared to a typical
hard shell bicycle helmet? Please
provide any underlying data or studies
relevant to this issue.
• Does an inflatable helmet provide
equivalent or greater protection against
concussion compared to a typical hard
shell bicycle helmet? Please provide any
underlying data or studies relevant to
this issue including identifying the
source of any injury thresholds relied
upon.
• Are there any crash scenarios where
the deployment of an inflatable helmet
will be too slow to protect the user?
• What modifications to the test
method in 16 CFR 1203 would be
needed to evaluate inflatable helmets for
the positional stability, retention system
strength, and impact attenuation
requirements?
• What existing standards or other
performance requirements could be
used to evaluate the reliability and
integrity of the deployment systems in
inflatable helmets, such as sensors and
batteries?
• What existing standards or other
performance requirements could be
used to evaluate the fit of inflatable
helmets?
The petition is available at: https://
www.regulations.gov, under Docket No.
CPSC–2018–0003, Supporting and
Related Materials. Alternatively,
interested parties may obtain a copy of
the petition by writing or calling the
Office of the Secretary, Consumer
Product Safety Commission, 4330 EastWest Highway, Bethesda, MD 20814;
telephone (301) 504–6833.
Alberta E. Mills,
Secretary, Consumer Product Safety
Commission.
[FR Doc. 2018–04769 Filed 3–8–18; 8:45 am]
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DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2018–0083]
RIN 1625–AA08
Safety Zone; Mississippi Sound, Biloxi,
MS
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard proposes to
establish a temporary safety zone for
certain navigable waters on the
Mississippi Sound over the Biloxi
Harbor Channel in Biloxi, MS. The
proposed rulemaking is necessary to
provide for the safety of life and
property on these navigable waters
during the 2018 Biloxi Air Show. This
proposed rulemaking would prohibit
persons and vessels from entering the
safety zone unless specifically
authorized by the Captain of the Port
Sector Mobile (COTP) 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 April 9, 2018.
ADDRESSES: You may submit comments
identified by docket number USCG–
2018–0083 using the Federal
eRulemaking Portal at https://
www.regulations.gov. See the ‘‘Public
Participation and Request for
Comments’’ portion of the
SUPPLEMENTARY INFORMATION section for
further instructions on submitting
comments.
SUMMARY:
If
you have questions about this proposed
rulemaking, call or email LT Kyle D.
Berry, Sector Mobile, Waterways
Management Division, U.S. Coast
Guard; telephone 251–441–5940, email
Kyle.D.Berry@uscg.mil.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port Sector Mobile
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
PATCOM Patrol Commander
§ Section
U.S.C. United States Code
II. Background, Purpose, and Legal
Basis
1 Hovding requests that the Commission grant
¨
such exemption through an interim final rule to
¨
expedite Hovding’s ability to sell products in the
U.S. market.
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10419
On January 3, 2018, the sponsor for
the 2018 Biloxi Air Show submitted an
application for a marine event permit
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Federal Register / Vol. 83, No. 47 / Friday, March 9, 2018 / Proposed Rules
amozie on DSK30RV082PROD with PROPOSALS
for the air show that will take place
every day from 9 a.m. through 5 p.m.
from July 19, 2018 through July 22,
2018. The air show will consist of
various flight demonstrations over the
Mississippi Sound in the Biloxi Harbor
Channel in Biloxi, MS. Over the years,
there have been unfortunate instances of
aircraft mishaps that involve crashing
during performances at various air
shows around the world. Occasionally,
these incidents result in a wide area of
scattered debris in the water that can
damage property or cause significant
injury or death to the public observing
the air shows. The Captain of the Port
Sector Mobile (COTP) has determined
that a safety zone is necessary to protect
the general public from hazards
associated with aerial flight
demonstrations.
The purpose of this rulemaking is to
ensure the safety of vessels and persons
during the air show on the navigable
waters of the Mississippi Sound in the
Biloxi Harbor Channel in Biloxi, MS.
The Coast Guard proposes this
rulemaking under authority in 33 U.S.C.
1231.
III. Discussion of Proposed Rule
The Coast Guard proposes to establish
a temporary safety zone on the
Mississippi Sound within the positions
of 30°23′22.6″ N, 88°50′54.9″ W;
30°23′25.5″ N, 88°53′12.1″ W;
30°22′52.3″ N, 88°50′55.8″ W;
30°22′56.3″ N, 88°53′11.9″ W over the
Biloxi Harbor Channel in Biloxi, MS
from 9 a.m. through 5 p.m. on July 19,
2018 through July 22, 2018. The
proposed rulemaking is needed to
provide for the safety of life and
property on these navigable waters
during the 2018 Biloxi Air Show. This
proposed rulemaking restricts transit
into, through, and within the zone
unless specifically authorized by the
COTP. No vessel or person would be
permitted to enter the zone without
obtaining permission from the COTP or
a designated representative. A
designated representative may be a
Patrol Commander (PATCOM). The
PATCOM would be aboard either a
Coast Guard or Coast Guard Auxiliary
vessel. The PATCOM may be contacted
on Channel 16 VHF–FM (156.8 MHz) by
the call sign ‘‘PATCOM’’. All persons
and vessels not registered with the
sponsor as participants or official patrol
vessels are considered spectators. The
‘‘official patrol vessels’’ consist of any
Coast Guard, state, or local law
enforcement and sponsor provided
vessels assigned or approved by the
COTP to patrol the zone.
Spectator vessels desiring to transit
the zone may do so only with prior
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15:54 Mar 08, 2018
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approval of the PATCOM and when so
directed by that officer would be
operated at a minimum safe navigation
speed in a manner which will not
endanger any other vessels. No spectator
vessel shall anchor, block, loiter, or
impede the through transit of official
patrol vessels in the zone during the
effective dates and times, unless cleared
for entry by or through an official patrol
vessel. Any spectator vessel may anchor
outside the zone, but may not anchor in,
block, or loiter in a navigable channel.
Spectator vessels may be moored to a
waterfront facility within the zone in
such a way that they shall not interfere
with the progress of the air show. Such
mooring must be complete at least 30
minutes prior to the establishment of
the zone and remain moored through
the duration of the air show.
The COTP or a designated
representative may forbid and control
the movement of all vessels in the zone.
When hailed or signaled by an official
patrol vessel, a vessel shall come to an
immediate stop and comply with the
directions given. Failure to do so may
result in expulsion from the zone,
citation for failure to comply, or both.
The COTP or a designated
representative may terminate the
operation of any vessel at any time it is
deemed necessary for the protection of
life or property. The COTP or a
designated representative would
terminate enforcement of the safety zone
at the conclusion of the air show.
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 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.
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This regulatory action determination
is based on size, location, and duration
of the proposed rulemaking. The
proposed safety zone would take place
on a small area of Mississippi Sound,
during a short duration of only eight
hours, lasting for only four days from
July 19, 2018 through July 22, 2018.
Additionally, the Coast Guard would
issue Broadcast Notices to Mariners via
VHF–FM marine channel 16 about the
safety zone so that waterway users may
plan accordingly for transits during this
restriction, and the proposed rule also
allows vessels to seek permission from
the COTP or a designated representative
to enter the zone.
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 proposed 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 contact 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.
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Federal Register / Vol. 83, No. 47 / Friday, March 9, 2018 / Proposed Rules
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 contact the person listed
in the FOR FURTHER INFORMATION
CONTACT section.
amozie on DSK30RV082PROD with PROPOSALS
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 rule under
Department of Homeland Security
Directive 023–01, which guides 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 on the Mississippi Sound, within
the positions of 30°23′22.6″ N,
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88°50′54.9″ W; 30°23′25.5″ N,
88°53′12.1″ W; 30°22′52.3″ N,
88°50′55.8″ W; 30°22′56.3″ N,
88°53′11.9″ W over the Biloxi Harbor
Channel in Biloxi, MS. It is categorically
excluded from further review under
paragraph L60 of Appendix A, Table 1
of DHS Instruction Manual 023–01–
001–01, Rev. 01. A Record of
Environmental Consideration (REC)
supporting this determination is
available in the docket where indicated
under ADDRESSES.
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 contact 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, contact 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
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10421
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, 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
1. The authority citation for part 165
continues to read as follows:
■
Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
33 CFR 1.05–1; 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 0170.1.
2. Add§ 165.T08–0083 to read as
follows:
■
§ 165.T08–0083 Safety Zone; Mississippi
Sound, Biloxi, MS
(a) Location. The following area is a
proposed safety zone: All navigable
waters of the Mississippi Sound, within
the positions of 30°23′22.6″ N,
88°50′54.9″ W; 30°23′25.5″ N,
88°53′12.1″ W; 30°22′52.3″ N,
88°50′55.8″ W; 30°22′56.3″ N,
88°53′11.9″ W over the Biloxi Harbor
Channel in Biloxi, MS.
(b) Enforcement period. This section
is effective from 9 a.m. on July 19, 2018
through 5 p.m. on July 22, 2018.
(c) Regulations.
(1) In accordance with the general
regulations in § 165.23 of this part, entry
into, transiting through, or exiting from
this area is prohibited unless authorized
by the Captain of the Port Sector Mobile
(COTP) or a designated representative.
A designated representative may be a
Patrol Commander (PATCOM). The
PATCOM will be aboard either a Coast
Guard or Coast Guard Auxiliary vessel.
The PATCOM may be contacted on
Channel 16 VHF–FM (156.8 MHz) by
the call sign ‘‘PATCOM’’.
(2) All persons and vessels not
registered with the event sponsor as
participants or official patrol vessels are
considered spectators. The ‘‘official
patrol vessels’’ consist of any Coast
Guard, state, or local law enforcement
and sponsor provided vessels assigned
or approved by the COTP to patrol the
regulated area.
(3) Spectator vessels desiring to
transit the regulated area may do so only
with prior approval of the PATCOM and
when so directed by that officer will be
operated at a minimum safe navigation
speed in a manner that will not
endanger participants in the zone or any
other vessels.
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(4) No spectator vessel shall anchor,
block, loiter, or impede the through
transit of participants or official patrol
vessels in the regulated area during the
effective dates and times, unless cleared
for entry by or through an official patrol
vessel.
(5) Any spectator vessel may anchor
outside the regulated area, but may not
anchor in, block, or loiter in a navigable
channel. Spectator vessels may be
moored to a waterfront facility within
the regulated area in such a way that
they shall not interfere with the progress
of the event. Such mooring must be
complete at least 30 minutes prior to the
establishment of the regulated area and
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remain moored through the duration of
the event.
(6) The COTP or a designated
representative may forbid and control
the movement of all vessels in the
regulated area. When hailed or signaled
by an official patrol vessel, a vessel shall
come to an immediate stop and comply
with the directions given. Failure to do
so may result in expulsion from the
area, citation for failure to comply, or
both.
(7) The COTP or a designated
representative may terminate the
operation of any vessel at any time it is
deemed necessary for the protection of
life or property.
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(8) The COTP or a designated
representative can terminate
enforcement of the safety zone at the
conclusion of the event.
(d) Informational broadcasts. The
COTP or a designated representative
will inform the public through
Broadcast Notices to Mariners of the
enforcement period for the temporary
safety zone as well as any changes in the
planned schedule.
Dated: February 2, 2018
M.R. McLellan,
Captain, U.S. Coast Guard, Captain of the
Port Sector Mobile.
[FR Doc. 2018–04734 Filed 3–8–18; 8:45 am]
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]]>Agencies
[Federal Register Volume 83, Number 47 (Friday, March 9, 2018)]
[Proposed Rules]
[Pages 10419-10422]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-04734]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2018-0083]
RIN 1625-AA08
Safety Zone; Mississippi Sound, Biloxi, MS
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes to establish a temporary safety zone
for certain navigable waters on the Mississippi Sound over the Biloxi
Harbor Channel in Biloxi, MS. The proposed rulemaking is necessary to
provide for the safety of life and property on these navigable waters
during the 2018 Biloxi Air Show. This proposed rulemaking would
prohibit persons and vessels from entering the safety zone unless
specifically authorized by the Captain of the Port Sector Mobile (COTP)
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 April 9, 2018.
ADDRESSES: You may submit comments identified by docket number USCG-
2018-0083 using the Federal eRulemaking Portal at https://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 LT Kyle D. Berry, Sector Mobile,
Waterways Management Division, U.S. Coast Guard; telephone 251-441-
5940, email [email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port Sector Mobile
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
PATCOM Patrol Commander
Sec. Section
U.S.C. United States Code
II. Background, Purpose, and Legal Basis
On January 3, 2018, the sponsor for the 2018 Biloxi Air Show
submitted an application for a marine event permit
[[Page 10420]]
for the air show that will take place every day from 9 a.m. through 5
p.m. from July 19, 2018 through July 22, 2018. The air show will
consist of various flight demonstrations over the Mississippi Sound in
the Biloxi Harbor Channel in Biloxi, MS. Over the years, there have
been unfortunate instances of aircraft mishaps that involve crashing
during performances at various air shows around the world.
Occasionally, these incidents result in a wide area of scattered debris
in the water that can damage property or cause significant injury or
death to the public observing the air shows. The Captain of the Port
Sector Mobile (COTP) has determined that a safety zone is necessary to
protect the general public from hazards associated with aerial flight
demonstrations.
The purpose of this rulemaking is to ensure the safety of vessels
and persons during the air show on the navigable waters of the
Mississippi Sound in the Biloxi Harbor Channel in Biloxi, MS. The Coast
Guard proposes this rulemaking under authority in 33 U.S.C. 1231.
III. Discussion of Proposed Rule
The Coast Guard proposes to establish a temporary safety zone on
the Mississippi Sound within the positions of 30[deg]23'22.6'' N,
88[deg]50'54.9'' W; 30[deg]23'25.5'' N, 88[deg]53'12.1'' W;
30[deg]22'52.3'' N, 88[deg]50'55.8'' W; 30[deg]22'56.3'' N,
88[deg]53'11.9'' W over the Biloxi Harbor Channel in Biloxi, MS from 9
a.m. through 5 p.m. on July 19, 2018 through July 22, 2018. The
proposed rulemaking is needed to provide for the safety of life and
property on these navigable waters during the 2018 Biloxi Air Show.
This proposed rulemaking restricts transit into, through, and within
the zone unless specifically authorized by the COTP. No vessel or
person would be permitted to enter the zone without obtaining
permission from the COTP or a designated representative. A designated
representative may be a Patrol Commander (PATCOM). The PATCOM would be
aboard either a Coast Guard or Coast Guard Auxiliary vessel. The PATCOM
may be contacted on Channel 16 VHF-FM (156.8 MHz) by the call sign
``PATCOM''. All persons and vessels not registered with the sponsor as
participants or official patrol vessels are considered spectators. The
``official patrol vessels'' consist of any Coast Guard, state, or local
law enforcement and sponsor provided vessels assigned or approved by
the COTP to patrol the zone.
Spectator vessels desiring to transit the zone may do so only with
prior approval of the PATCOM and when so directed by that officer would
be operated at a minimum safe navigation speed in a manner which will
not endanger any other vessels. No spectator vessel shall anchor,
block, loiter, or impede the through transit of official patrol vessels
in the zone during the effective dates and times, unless cleared for
entry by or through an official patrol vessel. Any spectator vessel may
anchor outside the zone, but may not anchor in, block, or loiter in a
navigable channel. Spectator vessels may be moored to a waterfront
facility within the zone in such a way that they shall not interfere
with the progress of the air show. Such mooring must be complete at
least 30 minutes prior to the establishment of the zone and remain
moored through the duration of the air show.
The COTP or a designated representative may forbid and control the
movement of all vessels in the zone. When hailed or signaled by an
official patrol vessel, a vessel shall come to an immediate stop and
comply with the directions given. Failure to do so may result in
expulsion from the zone, citation for failure to comply, or both.
The COTP or a designated representative may terminate the operation
of any vessel at any time it is deemed necessary for the protection of
life or property. The COTP or a designated representative would
terminate enforcement of the safety zone at the conclusion of the air
show.
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 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 size, location,
and duration of the proposed rulemaking. The proposed safety zone would
take place on a small area of Mississippi Sound, during a short
duration of only eight hours, lasting for only four days from July 19,
2018 through July 22, 2018. Additionally, the Coast Guard would issue
Broadcast Notices to Mariners via VHF-FM marine channel 16 about the
safety zone so that waterway users may plan accordingly for transits
during this restriction, and the proposed rule also allows vessels to
seek permission from the COTP or a designated representative to enter
the zone.
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 proposed 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 contact 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.
[[Page 10421]]
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 contact the person 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 rule under Department of Homeland Security
Directive 023-01, which guides 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 on the Mississippi
Sound, within the positions of 30[deg]23'22.6'' N, 88[deg]50'54.9'' W;
30[deg]23'25.5'' N, 88[deg]53'12.1'' W; 30[deg]22'52.3'' N,
88[deg]50'55.8'' W; 30[deg]22'56.3'' N, 88[deg]53'11.9'' W over the
Biloxi Harbor Channel in Biloxi, MS. It is categorically excluded from
further review under paragraph L60 of Appendix A, Table 1 of DHS
Instruction Manual 023-01-001-01, Rev. 01. A Record of Environmental
Consideration (REC) supporting this determination is available in the
docket where indicated under ADDRESSES.
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 contact 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, contact 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, 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. 1231; 50 U.S.C. 191; 33 CFR 1.05-1; 6.04-1,
6.04-6, and 160.5; Department of Homeland Security Delegation No.
0170.1.
0
2. AddSec. 165.T08-0083 to read as follows:
Sec. 165.T08-0083 Safety Zone; Mississippi Sound, Biloxi, MS
(a) Location. The following area is a proposed safety zone: All
navigable waters of the Mississippi Sound, within the positions of
30[deg]23'22.6'' N, 88[deg]50'54.9'' W; 30[deg]23'25.5'' N,
88[deg]53'12.1'' W; 30[deg]22'52.3'' N, 88[deg]50'55.8'' W;
30[deg]22'56.3'' N, 88[deg]53'11.9'' W over the Biloxi Harbor Channel
in Biloxi, MS.
(b) Enforcement period. This section is effective from 9 a.m. on
July 19, 2018 through 5 p.m. on July 22, 2018.
(c) Regulations.
(1) In accordance with the general regulations in Sec. 165.23 of
this part, entry into, transiting through, or exiting from this area is
prohibited unless authorized by the Captain of the Port Sector Mobile
(COTP) or a designated representative. A designated representative may
be a Patrol Commander (PATCOM). The PATCOM will be aboard either a
Coast Guard or Coast Guard Auxiliary vessel. The PATCOM may be
contacted on Channel 16 VHF-FM (156.8 MHz) by the call sign ``PATCOM''.
(2) All persons and vessels not registered with the event sponsor
as participants or official patrol vessels are considered spectators.
The ``official patrol vessels'' consist of any Coast Guard, state, or
local law enforcement and sponsor provided vessels assigned or approved
by the COTP to patrol the regulated area.
(3) Spectator vessels desiring to transit the regulated area may do
so only with prior approval of the PATCOM and when so directed by that
officer will be operated at a minimum safe navigation speed in a manner
that will not endanger participants in the zone or any other vessels.
[[Page 10422]]
(4) No spectator vessel shall anchor, block, loiter, or impede the
through transit of participants or official patrol vessels in the
regulated area during the effective dates and times, unless cleared for
entry by or through an official patrol vessel.
(5) Any spectator vessel may anchor outside the regulated area, but
may not anchor in, block, or loiter in a navigable channel. Spectator
vessels may be moored to a waterfront facility within the regulated
area in such a way that they shall not interfere with the progress of
the event. Such mooring must be complete at least 30 minutes prior to
the establishment of the regulated area and remain moored through the
duration of the event.
(6) The COTP or a designated representative may forbid and control
the movement of all vessels in the regulated area. When hailed or
signaled by an official patrol vessel, a vessel shall come to an
immediate stop and comply with the directions given. Failure to do so
may result in expulsion from the area, citation for failure to comply,
or both.
(7) The COTP or a designated representative may terminate the
operation of any vessel at any time it is deemed necessary for the
protection of life or property.
(8) The COTP or a designated representative can terminate
enforcement of the safety zone at the conclusion of the event.
(d) Informational broadcasts. The COTP or a designated
representative will inform the public through Broadcast Notices to
Mariners of the enforcement period for the temporary safety zone as
well as any changes in the planned schedule.
Dated: February 2, 2018
M.R. McLellan,
Captain, U.S. Coast Guard, Captain of the Port Sector Mobile.
[FR Doc. 2018-04734 Filed 3-8-18; 8:45 am]
BILLING CODE 9110-04-P
