Safety Zone; Rocket Debris Control and Removal Operations, Atlantic Ocean, Cape Canaveral, FL, 63804-63806 [2018-26860]
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63804
Federal Register / Vol. 83, No. 238 / Wednesday, December 12, 2018 / Rules and Regulations
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Issued in Washington, DC.
Hilary Duke,
Assistant General Counsel for Regulatory
Affairs Pension Benefit Guaranty
Corporation.
[FR Doc. 2018–26843 Filed 12–11–18; 8:45 am]
BILLING CODE 7709–02–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2018–1081]
RIN 1625–AA00
Safety Zone; Rocket Debris Control
and Removal Operations, Atlantic
Ocean, Cape Canaveral, FL
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a 1000-yard temporary
moving safety zone around the Falcon 9
rocket in the Atlantic Ocean, in the
vicinity of Port Canaveral Harbor, Cape
Canaveral, FL. This safety zone is
necessary to protect personnel, vessels,
and the public from potential hazards
associated with the control and removal
of the rocket and any debris from
navigable waters of the Atlantic Ocean.
All persons and vessels are prohibited
from entering, transiting through,
anchoring in, or remaining within the
safety zone unless authorized by the
Captain of the Port Jacksonville or a
designated representative.
DATES: This rule is effective without
actual notice from December 12, 2018
through December 28, 2018. For
purposes of enforcement, actual notice
will be used from December 5, 2018
through December 12, 2018.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2018–
1081 in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rule.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email Petty Officer Rory Boyle, Sector
Jacksonville, Waterways Management
Division, U.S. Coast Guard; telephone
(904) 714–7661, email Rory.C.Boyle@
uscg.mil.
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SUMMARY:
SUPPLEMENTARY INFORMATION:
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I. Table of Abbreviations
IV. Discussion of the Rule
COTP Captain of the Port
CFR Code of Federal Regulations
DHS Department of Homeland Security
E.O Executive order
FR Federal Register
NPRM Notice of proposed rulemaking
Pub. L. Public Law
§ Section
U.S.C. United States Code
This rule establishes a safety zone that
will encompass all navigable waters of
the Atlantic Ocean within a 1000-yard
radius of a Falcon 9 rocket located at
position 28°24.3 N 080°30.8 W, in the
vicinity of Port Canaveral Harbor, Cape
Canaveral, Florida. The safety zone will
be enforced during control, movement,
and removal operations associated with
the Falcon 9 rocket from 7 p.m. on
December 5, 2018 until 11:59 p.m. on
December 28, 2018, unless sooner
terminated by the COTP Jacksonville
upon completion of the removal
operations. The duration of the safety
zone is intended to ensure the safety of
persons, vessels, and the marine
environment from potential hazards
associated with rocket and debris
movement control and removal
operations. These operations include
the use of towing vessels, divers and
support vessels. There will be occasions
during the operations when there will
be divers in the water and the waterway
will be obstructed by the associated
vessels and equipment. No vessel or
person will be permitted to enter, transit
through, anchor in, or remain within the
safety zone unless authorized by the
COTP Jacksonville or designated
representative. If authorization to enter,
transit through, anchor in, or remain
within the safety zone granted by the
COTP Jacksonville or a designated
representative, all persons and vessels
receiving such authorization must
transit at a minimum safe speed and
must comply with the orders of the
COTP Jacksonville or designated
representative. The Coast Guard will
provide notice and status of the safety
zone by Broadcast Notice to Mariners or
on-scene designated representatives.
II. Background Information and
Regulatory History
The Coast Guard is issuing this
temporary 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 it is
impracticable. On December 5, 2018, the
Coast Guard determined that immediate
action was necessary to protect life and
property from the hazards associated
with control and removal of a Falcon 9
rocket and any associated debris located
in the Atlantic Ocean. Due to the
emergent nature and increased safety
risks associated with control and
removal operations for the rocket, there
is insufficient time to publish an NPRM
and to receive public comments before
the rulemaking is required. The
regulation is necessary to provide for
the safety of persons and vessels within
a 1000-yard radius of the Falcon 9
rocket. For those reasons, it would be
impracticable to publish an NPRM.
For the reasons discussed above,
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.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 33 U.S.C. 1231. The
Captain of the Port Jacksonville (COTP)
has determined that potential hazards
associated with control and removal
operations for the Falcon 9 rocket will
be a safety concern for persons and
vessels within a 1000-yard radius of the
rocket. The purpose of this rule is to
protect personnel, vessels, and the
marine environment in the navigable
waters within the safety zone during
control and removal operations
associated with the Falcon 9 rocket.
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Fmt 4700
Sfmt 4700
V. Regulatory Analyses
We developed this 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 rule has not
been designated a ‘‘significant
regulatory action,’’ under Executive
Order 12866. Accordingly, this rule has
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Federal Register / Vol. 83, No. 238 / Wednesday, December 12, 2018 / Rules and Regulations
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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, location, duration,
and time-of-day. Although persons and
vessels may not enter, transit through,
anchor in, or remain within the safety
zone without authorization from the
COTP Jacksonville or a designated
representative, vessel traffic will be able
to safely operate in the surrounding area
during the enforcement. Additionally,
any persons or vessels may request
authorization to enter, transit through,
anchor in, or remain with the safety
zone from the COTP Jacksonville or a
designated representative. Moreover, the
Coast Guard will provide notice of the
safety zone to the local maritime
community by Broadcast Notice to
Mariners via VHF–FM marine channel
16 about 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’’ comprised of small
businesses and 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 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 V.A above, this
rule will not have a significant
economic impact on any vessel owner
or operator.
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 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
the Small Business and Agriculture
Regulatory Enforcement Ombudsman
and the Regional Small Business
Regulatory Fairness Boards. The
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16:25 Dec 11, 2018
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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.
C. Collection of Information
This rule will 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 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 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. If you
believe this rule has implications for
federalism or Indian tribes, please
contact the person listed in the FOR
FURTHER INFORMATION CONTACT section
above.
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 rule
will not result in such 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
Management Directive 023–01 and
Commandant Instruction M16475.lD,
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63805
which guide 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 that will prohibit entry within
navigable waters outlined in the
Discussion of the Rule above. This rule
is categorically excluded from further
review under paragraph L60(a) of
Appendix A, Table 1 of the DHS
Instruction Manual 023–01–001–01,
Rev. 01.
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.
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 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.T07–1081 to read as
follows:
■
§ 165.T07–1081 Safety Zone; Rocket
Debris Control and Removal Operations,
Atlantic Ocean, Cape Canaveral, FL.
(a) Regulated area. The following
regulated area is a moving safety zone:
All waters of the Atlantic Ocean within
a 1,000-yard radius around the Falcon 9
rocket and associated debris. The safety
zone will start east of Port Canaveral
Harbor, Cape Canaveral, Florida, in
approximate position 28°24.3 N
080°30.8 W and transit with the rocket
in the vicinity of Port Canaveral Harbor,
Cape Canaveral, FL.
(b) Definition. The term ‘‘designated
representative’’ means Coast Guard
Patrol Commanders, including Coast
Guard coxswains, petty officers, and
other officers operating Coast Guard
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Federal Register / Vol. 83, No. 238 / Wednesday, December 12, 2018 / Rules and Regulations
vessels, and Federal, state, and local
officers designated by or assisting the
Captain of the Port Jacksonville in the
enforcement of the regulated area.
(c) Regulations. (1) All persons and
vessels are prohibited from entering,
transiting through, anchoring in, or
remaining within the regulated area
unless authorized by the Captain of the
Port Jacksonville or a designated
representative.
(2) Persons and vessels desiring to
enter, transit through, anchor in, or
remain within the regulated area may
contact the Captain of the Port
Jacksonville by telephone at (904) 714–
7557, or a designated representative via
VHF–FM radio channel 16, to request
authorization. If authorization is granted
by the Captain of the Port Jacksonville
or a designated representative, all
persons and vessels receiving such
authorization must comply with the
instructions of the Captain of the Port
Jacksonville or a designated
representative.
(3) The Coast Guard will issue notice
of the safety zone to the local maritime
community via Broadcast Notice to
Mariners via VHF–FM marine channel
16 or by on-scene designated
representatives.
(d) Enforcement. This section will be
enforced from 7:00 p.m. on December 5,
2018 until 11:59 p.m. on December 28,
2018, unless sooner terminated by the
Captain of the Port Jacksonville upon
completion of rocket and debris control
and removal operations.
Dated: December 6, 2018.
T.C. Wiemers,
Captain, U.S. Coast Guard, Captain of the
Port Jacksonville.
[FR Doc. 2018–26860 Filed 12–11–18; 8:45 am]
BILLING CODE 9110–04–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 87
[WT Docket No. 01–289; FCC 18–155]
Aviation Radio Service
Federal Communications
Commission.
ACTION: Final rule; lifting of stay.
AGENCY:
In this document, the Federal
Communications Commission
(Commission or FCC) adopts a rule that
prohibits the certification, and after a
six-month transition period, the
manufacture, importation, or sale of
121.5 MHz Emergency Locator
Transmitters (ELTs), but declines to
prohibit the use of 121.5 MHz ELTs. By
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SUMMARY:
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16:25 Dec 11, 2018
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accelerating the transition from 121.5
MHz ELTs to 406 MHz ELTs, this rule
change will enhance the ability of
search and rescue personnel to locate
and bring aid to the victims of plane
crashes.
DATES: The rule is effective January 11,
2019. The stay of § 87.195 is lifted
effective January 11, 2019.
ADDRESSES: Federal Communications
Commission, 445 12th Street SW,
Washington DC 20554.
FOR FURTHER INFORMATION CONTACT:
Jeffrey Tobias, Jeff.Tobias@FCC.gov,
Wireless Telecommunications Bureau,
(202) 418–1617, or TTY (202) 418–7233.
SUPPLEMENTARY INFORMATION: This is a
summary of the Federal
Communications Commission’s Fourth
Report and Order in WT Docket No. 01–
289, FCC 18–155, adopted on November
7, 2018, and released on November 8,
2018. The full text of this document is
available for inspection and copying
during normal business hours in the
FCC Reference Information Center,
Portals II, 445 12th Street SW,
Washington, DC 20554. Alternative
formats are available to persons with
disabilities by sending an email to
fcc504@fcc.gov or by calling the
Consumer & Governmental Affairs
Bureau at 202–418–0530 (voice), 202–
418–0432 (tty). To request materials in
accessible formats for persons with
disabilities (braille, large print,
electronic files, audio format), send an
email to fcc504@fcc.gov or call the
Consumer & Governmental Affairs
Bureau at 202–418–0530 (voice), 202–
418–0432 (tty). The complete text is also
available on the Commission’s website
at: www.fcc.gov.
1. Emergency Locator Transmitters
(ELTs) are radio beacons that are carried
on board aircraft and triggered in the
event of a crash or other unplanned
downing. The Commission authorizes
these devices to serve as an effective
locating aid for survival purposes. For
years, the ELTs operated only at 121.5
MHz, with their transmissions
monitored by an international satellitebased system (the Cospas-Sarsat system)
that could determine their location over
most of the world’s major air and sea
travel paths. By 2010, however, the
Cospas-Sarsat system limited tracking of
ELTs to a newer type operating
primarily at 406 MHz, thus eroding the
utility of the 121.5 MHz ELTs as an
effective locating aid. By accelerating
the transition to 406 MHz ELTs with the
rule changes we adopt in this Fourth
Report and Order, we will enhance the
ability of search and rescue personnel to
locate and bring aid to the victims of
plane crashes.
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2. Section 332 of the Communications
Act of 1934, as amended (the Act), states
that the Commission, ‘‘[i]n taking
actions to manage the spectrum to be
made available for use by the private
mobile services . . . shall consider . . .
whether such actions will . . . promote
the safety of life and property; [or] (2)
improve the efficiency of spectrum use
and reduce the regulatory burden upon
spectrum users, based upon sound
engineering principles, user operational
requirements, and marketplace demands
. . . .’’ Section 303 of the Act further
requires the Commission, pursuant to its
licensing authority, to ‘‘prescribe the
nature of the service to be rendered by
each class of licensed stations and each
station within any class.’’ In concert
with these direct statutory mandates,
the Commission has an obligation to
advance the goal ‘‘of obtaining
maximum effectiveness from the use of
radio and wire communications in
connection with safety of life and
property.’’ 1
3. In furtherance of these statutory
responsibilities, the Commission
authorizes and regulates three types of
satellite emergency radiobeacons:
Emergency Position-Indicating
Radiobeacons (EPIRBs),2 Personal
Locator Beacons (PLBs),3 and ELTs.4
ELTs are activated after an aircraft crash
to alert search and rescue personnel of
the incident and to identify the location
of the aircraft and any survivors. Most
aircraft, including most general aviation
(GA) aircraft, are required by federal
statute to carry an ELT.
4. The two types of ELT now in
service are the 406 MHz ELT and the
121.5 MHz ELT.5 406 MHz ELTs
transmit a 406 MHz digital distress
signal containing information on the
type of emergency, the country and
identification code of the beacon, and
1 The Act also mandates that the Commission
‘‘encourage the larger and more effective use of
radio in the public interest.’’ In addition, the Act
and its statutory predecessors, the Radio Acts of
1912 and 1927, have long reflected Congress’s
special concern about protecting the integrity of
distress communications.
2 EPIRBs are float-free emergency transmitters
carried on marine vessels that alert maritime search
and rescue authorities that the vessel is in distress.
3 PLBs are emergency transmitters available to the
general public to alert search and rescue personnel
in case of a life-threatening emergency in a remote
area.
4 See 47 CFR 87.199.
5 ELTs, like EPIRBs, were initially authorized to
operate only on 121.5 MHz and (primarily for
military use) on 243 MHz. In 1988, the Commission
amended the part 80 rules to permit EPIRBs to
operate on the frequency 406.025 MHz as well. In
1993, the Commission likewise authorized the use
of 406.025 MHz by ELTs, noting that doing so had
‘‘overwhelming support.’’ PLBs have never been
authorized to transmit a distress signal on 121.5
MHz, but only on 406.025 MHz.
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Agencies
[Federal Register Volume 83, Number 238 (Wednesday, December 12, 2018)]
[Rules and Regulations]
[Pages 63804-63806]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-26860]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2018-1081]
RIN 1625-AA00
Safety Zone; Rocket Debris Control and Removal Operations,
Atlantic Ocean, Cape Canaveral, FL
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a 1000-yard temporary moving
safety zone around the Falcon 9 rocket in the Atlantic Ocean, in the
vicinity of Port Canaveral Harbor, Cape Canaveral, FL. This safety zone
is necessary to protect personnel, vessels, and the public from
potential hazards associated with the control and removal of the rocket
and any debris from navigable waters of the Atlantic Ocean. All persons
and vessels are prohibited from entering, transiting through, anchoring
in, or remaining within the safety zone unless authorized by the
Captain of the Port Jacksonville or a designated representative.
DATES: This rule is effective without actual notice from December 12,
2018 through December 28, 2018. For purposes of enforcement, actual
notice will be used from December 5, 2018 through December 12, 2018.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2018-1081 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Petty Officer Rory Boyle, Sector Jacksonville, Waterways
Management Division, U.S. Coast Guard; telephone (904) 714-7661, email
[email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
COTP Captain of the Port
CFR Code of Federal Regulations
DHS Department of Homeland Security
E.O Executive order
FR Federal Register
NPRM Notice of proposed rulemaking
Pub. L. Public Law
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
The Coast Guard is issuing this temporary 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 it is impracticable. On December 5,
2018, the Coast Guard determined that immediate action was necessary to
protect life and property from the hazards associated with control and
removal of a Falcon 9 rocket and any associated debris located in the
Atlantic Ocean. Due to the emergent nature and increased safety risks
associated with control and removal operations for the rocket, there is
insufficient time to publish an NPRM and to receive public comments
before the rulemaking is required. The regulation is necessary to
provide for the safety of persons and vessels within a 1000-yard radius
of the Falcon 9 rocket. For those reasons, it would be impracticable to
publish an NPRM.
For the reasons discussed above, 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.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 33 U.S.C.
1231. The Captain of the Port Jacksonville (COTP) has determined that
potential hazards associated with control and removal operations for
the Falcon 9 rocket will be a safety concern for persons and vessels
within a 1000-yard radius of the rocket. The purpose of this rule is to
protect personnel, vessels, and the marine environment in the navigable
waters within the safety zone during control and removal operations
associated with the Falcon 9 rocket.
IV. Discussion of the Rule
This rule establishes a safety zone that will encompass all
navigable waters of the Atlantic Ocean within a 1000-yard radius of a
Falcon 9 rocket located at position 28[deg]24.3 N 080[deg]30.8 W, in
the vicinity of Port Canaveral Harbor, Cape Canaveral, Florida. The
safety zone will be enforced during control, movement, and removal
operations associated with the Falcon 9 rocket from 7 p.m. on December
5, 2018 until 11:59 p.m. on December 28, 2018, unless sooner terminated
by the COTP Jacksonville upon completion of the removal operations. The
duration of the safety zone is intended to ensure the safety of
persons, vessels, and the marine environment from potential hazards
associated with rocket and debris movement control and removal
operations. These operations include the use of towing vessels, divers
and support vessels. There will be occasions during the operations when
there will be divers in the water and the waterway will be obstructed
by the associated vessels and equipment. No vessel or person will be
permitted to enter, transit through, anchor in, or remain within the
safety zone unless authorized by the COTP Jacksonville or designated
representative. If authorization to enter, transit through, anchor in,
or remain within the safety zone granted by the COTP Jacksonville or a
designated representative, all persons and vessels receiving such
authorization must transit at a minimum safe speed and must comply with
the orders of the COTP Jacksonville or designated representative. The
Coast Guard will provide notice and status of the safety zone by
Broadcast Notice to Mariners or on-scene designated representatives.
V. Regulatory Analyses
We developed this 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 rule has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, this rule has
[[Page 63805]]
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,
location, duration, and time-of-day. Although persons and vessels may
not enter, transit through, anchor in, or remain within the safety zone
without authorization from the COTP Jacksonville or a designated
representative, vessel traffic will be able to safely operate in the
surrounding area during the enforcement. Additionally, any persons or
vessels may request authorization to enter, transit through, anchor in,
or remain with the safety zone from the COTP Jacksonville or a
designated representative. Moreover, the Coast Guard will provide
notice of the safety zone to the local maritime community by Broadcast
Notice to Mariners via VHF-FM marine channel 16 about 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'' comprised of small businesses and
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 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
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
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 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 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.
C. Collection of Information
This rule will 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 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 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. If
you believe this rule has implications for federalism or Indian tribes,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section above.
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 rule will not result in
such 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
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide 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 that will prohibit entry within navigable
waters outlined in the Discussion of the Rule above. This rule is
categorically excluded from further review under paragraph L60(a) of
Appendix A, Table 1 of the DHS Instruction Manual 023-01-001-01, Rev.
01.
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.
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 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. Add Sec. 165.T07-1081 to read as follows:
Sec. 165.T07-1081 Safety Zone; Rocket Debris Control and Removal
Operations, Atlantic Ocean, Cape Canaveral, FL.
(a) Regulated area. The following regulated area is a moving safety
zone: All waters of the Atlantic Ocean within a 1,000-yard radius
around the Falcon 9 rocket and associated debris. The safety zone will
start east of Port Canaveral Harbor, Cape Canaveral, Florida, in
approximate position 28[deg]24.3 N 080[deg]30.8 W and transit with the
rocket in the vicinity of Port Canaveral Harbor, Cape Canaveral, FL.
(b) Definition. The term ``designated representative'' means Coast
Guard Patrol Commanders, including Coast Guard coxswains, petty
officers, and other officers operating Coast Guard
[[Page 63806]]
vessels, and Federal, state, and local officers designated by or
assisting the Captain of the Port Jacksonville in the enforcement of
the regulated area.
(c) Regulations. (1) All persons and vessels are prohibited from
entering, transiting through, anchoring in, or remaining within the
regulated area unless authorized by the Captain of the Port
Jacksonville or a designated representative.
(2) Persons and vessels desiring to enter, transit through, anchor
in, or remain within the regulated area may contact the Captain of the
Port Jacksonville by telephone at (904) 714-7557, or a designated
representative via VHF-FM radio channel 16, to request authorization.
If authorization is granted by the Captain of the Port Jacksonville or
a designated representative, all persons and vessels receiving such
authorization must comply with the instructions of the Captain of the
Port Jacksonville or a designated representative.
(3) The Coast Guard will issue notice of the safety zone to the
local maritime community via Broadcast Notice to Mariners via VHF-FM
marine channel 16 or by on-scene designated representatives.
(d) Enforcement. This section will be enforced from 7:00 p.m. on
December 5, 2018 until 11:59 p.m. on December 28, 2018, unless sooner
terminated by the Captain of the Port Jacksonville upon completion of
rocket and debris control and removal operations.
Dated: December 6, 2018.
T.C. Wiemers,
Captain, U.S. Coast Guard, Captain of the Port Jacksonville.
[FR Doc. 2018-26860 Filed 12-11-18; 8:45 am]
BILLING CODE 9110-04-P