Safety Zone; Spaceport Sheboygan Corporate Rocket Challenge, Sheboygan Harbor, Sheboygan, WI, 44792-44794 [2019-18390]
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Federal Register / Vol. 84, No. 166 / Tuesday, August 27, 2019 / Proposed Rules
jspears on DSK3GMQ082PROD with PROPOSALS
effects, distributive impacts, and
equity). Executive Order 13563
emphasizes the importance of
quantifying both costs and benefits, of
reducing costs, of harmonizing rules,
and of promoting flexibility. Executive
Order 13771 (‘‘Reducing Regulation and
Controlling Regulatory Costs’’) directs
agencies to reduce regulation and
control regulatory costs and provides
that ‘‘for every one new regulation
issued, at least two prior regulations be
identified for elimination, and that the
cost of planned regulations be prudently
managed and controlled through a
budgeting process.’’
This rule is not a ‘‘significant
regulatory action,’’ under section 3(f) of
Executive Order 12866. Accordingly,
OMB has not reviewed this regulation.
As this rule is not a significant
regulatory action, this rule is exempt
from the requirements of Executive
Order 13771. See OMB’s Memorandum
titled ‘‘Guidance Implementing
Executive Order 13771, Titled
‘Reducing Regulation and Controlling
Regulatory Costs’ ’’ (April 5, 2017).
II. Regulatory Flexibility Act
The Regulatory Flexibility Act (5
U.S.C. 601 et seq.), as amended by the
Small Business Regulatory Enforcement
and Fairness Act of 1996, requires
agencies to assess the impact of
regulations on small entities. A small
entity may be a small business (defined
as any independently owned and
operated business not dominant in its
field that qualifies as a small business
per the Small Business Act); a small notfor-profit organization; or a small
governmental jurisdiction (locality with
fewer than 50,000 people).
Importers who voluntarily abandon
merchandise consist of all types of
businesses and individuals, including
small businesses, so it is likely that a
substantial number of small businesses
are affected. However, the impact is not
significant, because this rule would
impose no new monetary costs to these
importers. If they do not wish to have
their merchandise’s information shared
with the right owner, they may choose
not to voluntarily abandon these goods.
Therefore, CBP certifies that this rule
will not have a significant economic
impact on a substantial number of small
entities. Notwithstanding this
certification, CBP invites comments
about the impact of this rule, if adopted,
on small entities.
Signing Authority
This rulemaking is being issued in
accordance with 19 CFR 0.1(a)(1),
pertaining to the authority of the
Secretary of the Treasury (or that of his
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19:23 Aug 26, 2019
Jkt 247001
or her delegate) to approve regulations
concerning trademark enforcement.
List of Subjects
19 CFR Part 127
Exports, Freight, Imports.
19 CFR Part 133
Counterfeit trademarks, Detentions,
Disclosure, Restricted merchandise,
Trademarks, Trade names.
For the reasons stated above in the
preamble, CBP proposes to amend parts
127 and 133 of title 19 of the Code of
Federal Regulations (19 CFR parts 127
and 133) as set forth below.
PART 127—GENERAL ORDER,
UNCLAIMED, AND ABANDONED
MERCHANDISE
1. The general authority citation for
part 127 continues to read as follows:
■
Authority: 19 U.S.C. 66, 1311, 1312, 1484,
1485, 1490, 1491, 1492, 1493, 1506, 1559,
1563, 1623, 16241646a; 26 U.S.C. 5753.
2. Section 127.12 is amended by
adding paragraph (c), to read as follows:
■
§ 127.12(b) of this chapter, CBP may
disclose to the owner of the mark the
following comprehensive importation
information, if CBP determines the
disclosure will assist in CBP’s
trademark enforcement:
(i) The date of importation;
(ii) The port of entry;
(iii) The description of the
merchandise;
(iv) The quantity of the merchandise;
(v) The country of origin of the
merchandise;
(vi) The name and address of the
manufacturer;
(vii) The name and address of the
exporter; and
(viii) The name and address of the
importer.
*
*
*
*
*
Mark A. Morgan,
Acting Commissioner, U.S. Customs and
Border Protection.
Approved: August 21, 2019.
Timothy E. Skud,
Deputy Assistant Secretary of the Treasury.
[FR Doc. 2019–18317 Filed 8–26–19; 8:45 am]
BILLING CODE 9111–14–P
§ 127.12
Abandoned merchandise.
*
*
*
*
*
(c) If merchandise voluntarily
abandoned pursuant to paragraph (b) of
this section is suspected of bearing a
counterfeit mark, it also may be subject
to the detention and disclosure
provisions of § 133.21(b) of this chapter.
PART 133—TRADEMARKS, TRADE
NAMES, AND COPYRIGHTS
3. The general authority citations for
part 133 continue to read as follows and
the specific authority citations for
§§ 133.21 through 133.25 are revised to
read as follows:
■
Authority: 15 U.S.C. 1124, 1125, 1127; 17
U.S.C. 101, 601, 602, 603; 19 U.S.C. 66, 1202,
1499, 1526, 1624; 31 U.S.C. 9701.
Sections 133.21 through 133.25 also issued
under 19 U.S.C. 1628a; Sec. 302, Public Law
114–125.
4. In § 133.21, paragraph (b)(6) is
added to read as follows:
■
§ 133.21 Articles suspected of bearing
counterfeit marks.
*
*
*
*
*
(b) * * *
(6) Voluntary abandonment and
disclosure to owner of the mark of
comprehensive importation
information. When merchandise that
bears a mark suspected by CBP of being
a counterfeit version of a mark that is
registered with the U.S. Patent and
Trademark Office and recorded with
CBP pursuant to subpart A of this part
has been voluntarily abandoned under
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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
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
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://
SUMMARY:
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Federal Register / Vol. 84, No. 166 / Tuesday, August 27, 2019 / Proposed Rules
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 Kyle.W.Weitzell@
uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
jspears on DSK3GMQ082PROD with PROPOSALS
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°44.914′ N, 087°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°44.914′ N, 087°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
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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°44.914′ N, 087°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.
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44793
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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44794
Federal Register / Vol. 84, No. 166 / Tuesday, August 27, 2019 / Proposed Rules
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.
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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
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18:02 Aug 26, 2019
Jkt 247001
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.
(c) Regulations. (1) In accordance with
the general regulations in section
§ 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
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:
DEPARTMENT OF HOMELAND
SECURITY
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
RIN 1625–AA00
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
2. Add § 165.T09–0683 to read as
follows:
■
§ 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°44.914′ N, 087°41.869′ W.
(b) Enforcement Period. This rule will
be enforced from 9 a.m. through 4 p.m.
on September 28, 2019.
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Coast Guard
33 CFR Part 165
[Docket Number USCG–2019–0614]
Safety Zone; Neches River, Beaumont,
TX
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard is proposing
to establish a temporary safety zone on
the navigable waters of the Neches River
extending 500-feet on either side of the
Kansas City Southern Railroad Bridge
that crosses the Neches River in
Beaumont, TX. The safety zone is
necessary to protect persons, bridge, and
property on or near the bridge from
potential damage from passing vessels
until missing and/or damaged fendering
systems are repaired or replaced. Entry
of certain vessels or persons into this
zone would be prohibited unless
specifically authorized by the Captain of
the Port Marine Safety Unit Port Arthur
or a designated representative. We
SUMMARY:
E:\FR\FM\27AUP1.SGM
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]]>Agencies
[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]
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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]
BILLING CODE 9110-04-P
