83 FR 10419 - Safety Zone; Mississippi Sound, Biloxi, MS
DEPARTMENT OF HOMELAND SECURITY
Coast Guard Federal Register Volume 83, Issue 47 (March 9, 2018)
Coast Guard
Federal Register Volume 83, Issue 47 (March 9, 2018)
| Page Range | 10419-10422 | |
| FR Document | 2018-04734 |
[Federal Register Volume 83, Number 47 (Friday, March 9, 2018)] [Proposed Rules] [Pages 10419-10422] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-04734] ======================================================================= ----------------------------------------------------------------------- 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 http://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 Kyle.D.Berry@uscg.mil. 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 http://www.regulations.gov. If your material cannot be submitted using http://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 http://www.regulations.gov and will include any personal information you have provided. For more about privacy and the docket, visit http://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 http://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
![Federal Register / Vol. 83, No. 47 / Friday, March 9, 2018 / Proposed Rules 10419
docket number for this notice. All inflatable head protection devices, DEPARTMENT OF HOMELAND
comments received may be posted sufficient to demonstrate that such SECURITY
without change to http:// products can protect a cyclist’s head in
www.regulations.gov, including any an accident. Coast Guard
personal identifiers, contact
By this notice, the Commission seeks
information, or other personal 33 CFR Part 165
comments concerning this petition. In
information provided. Do not submit [Docket Number USCG–2018–0083]
confidential business information, trade particular, the Commission seeks
secret information, or other sensitive or comments on the following: RIN 1625–AA08
protected information that you do not • Does an inflatable helmet provide
want to be available to the public. If equivalent or greater protection against Safety Zone; Mississippi Sound, Biloxi,
furnished at all, such information skull fractures compared to a typical MS
should be submitted by mail/hand hard shell bicycle helmet? Please AGENCY: Coast Guard, DHS.
delivery/courier. provide any underlying data or studies
Docket: For access to the docket to ACTION: Notice of proposed rulemaking.
relevant to this issue.
read background documents or SUMMARY: The Coast Guard proposes to
comments received, go to: http:// • Does an inflatable helmet provide
equivalent or greater protection against establish a temporary safety zone for
www.regulations.gov, insert docket certain navigable waters on the
number CPSC–2018–0003 into the concussion compared to a typical hard
shell bicycle helmet? Please provide any Mississippi Sound over the Biloxi
‘‘Search’’ box, and follow the prompts. Harbor Channel in Biloxi, MS. The
FOR FURTHER INFORMATION CONTACT: underlying data or studies relevant to
proposed rulemaking is necessary to
Rocky Hammond, Office of the this issue including identifying the
provide for the safety of life and
Secretary, Consumer Product Safety source of any injury thresholds relied
property on these navigable waters
Commission, 4330 East-West Highway, upon. during the 2018 Biloxi Air Show. This
Bethesda, MD 20814; telephone: 301– • Are there any crash scenarios where proposed rulemaking would prohibit
504–6833; email: RHammond@cpsc.gov. the deployment of an inflatable helmet persons and vessels from entering the
SUPPLEMENTARY INFORMATION: On will be too slow to protect the user? safety zone unless specifically
December 15, 2017, Hövding submitted authorized by the Captain of the Port
• What modifications to the test
a petition requesting that the Sector Mobile (COTP) or a designated
method in 16 CFR 1203 would be
Commission exempt ‘‘inflatable head representative. We invite your
protective devices for bicyclists’’ from needed to evaluate inflatable helmets for
the positional stability, retention system comments on this proposed rulemaking.
the testing requirements of the Safety DATES: Comments and related material
Standard for Bicycle Helmets, 16 CFR strength, and impact attenuation
requirements? must be received by the Coast Guard on
part 1203 (Bike Helmet Standard), if or before April 9, 2018.
such product complies with, and is • What existing standards or other
ADDRESSES: You may submit comments
certified to, requirements in a standard performance requirements could be
developed by SP Technical Research identified by docket number USCG–
used to evaluate the reliability and
Institute of Sweden, SP-method 4439, 2018–0083 using the Federal
integrity of the deployment systems in
Inflatable head protective devices with eRulemaking Portal at http://
inflatable helmets, such as sensors and www.regulations.gov. See the ‘‘Public
electronic triggering system for pedal batteries?
cyclists (SP-Method 4439).1 Participation and Request for
Hövding manufactures and markets a • What existing standards or other Comments’’ portion of the
product that is intended to prevent or performance requirements could be SUPPLEMENTARY INFORMATION section for
reduce head injuries to bicyclists in a used to evaluate the fit of inflatable further instructions on submitting
crash. The Hövding product is worn helmets? comments.
around the cyclist’s neck, like a collar. The petition is available at: http:// FOR FURTHER INFORMATION CONTACT: If
In the event of a crash, it inflates to www.regulations.gov, under Docket No. you have questions about this proposed
cover the rider’s head for a few seconds CPSC–2018–0003, Supporting and rulemaking, call or email LT Kyle D.
and then deflates. Hövding points out Related Materials. Alternatively, Berry, Sector Mobile, Waterways
that the requirements in the Bike interested parties may obtain a copy of Management Division, U.S. Coast
Helmet Standard only anticipate hard the petition by writing or calling the Guard; telephone 251–441–5940, email
shell bike helmets and does not Office of the Secretary, Consumer Kyle.D.Berry@uscg.mil.
anticipate other types of designs that Product Safety Commission, 4330 East- SUPPLEMENTARY INFORMATION:
protect a cyclist’s head. Hövding states West Highway, Bethesda, MD 20814;
that protective devices like its product I. Table of Abbreviations
telephone (301) 504–6833.
cannot meet the Bike Helmet Standard, CFR Code of Federal Regulations
as written, because the test procedures Alberta E. Mills, COTP Captain of the Port Sector Mobile
are not appropriate for these types of Secretary, Consumer Product Safety DHS Department of Homeland Security
inflatable products. According to Commission. FR Federal Register
Hövding, the Swedish standard, SP- NPRM Notice of proposed rulemaking
[FR Doc. 2018–04769 Filed 3–8–18; 8:45 am]
Method 4439, was designed to ensure PATCOM Patrol Commander
amozie on DSK30RV082PROD with PROPOSALS
BILLING CODE 6355–01–P § Section
that some of the performance criteria
U.S.C. United States Code
applied to hard shell helmets in the
Bike Helmet Standard are applied to II. Background, Purpose, and Legal
Basis
1 Hövding requests that the Commission grant
such exemption through an interim final rule to
On January 3, 2018, the sponsor for
expedite Hövding’s ability to sell products in the the 2018 Biloxi Air Show submitted an
U.S. market. application for a marine event permit
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![10422 Federal Register / Vol. 83, No. 47 / Friday, March 9, 2018 / Proposed Rules
(4) No spectator vessel shall anchor, remain moored through the duration of (8) The COTP or a designated
block, loiter, or impede the through the event. representative can terminate
transit of participants or official patrol (6) The COTP or a designated enforcement of the safety zone at the
vessels in the regulated area during the representative may forbid and control conclusion of the event.
effective dates and times, unless cleared the movement of all vessels in the (d) Informational broadcasts. The
for entry by or through an official patrol regulated area. When hailed or signaled COTP or a designated representative
vessel. by an official patrol vessel, a vessel shall will inform the public through
(5) Any spectator vessel may anchor come to an immediate stop and comply Broadcast Notices to Mariners of the
outside the regulated area, but may not with the directions given. Failure to do enforcement period for the temporary
so may result in expulsion from the safety zone as well as any changes in the
anchor in, block, or loiter in a navigable
area, citation for failure to comply, or planned schedule.
channel. Spectator vessels may be
moored to a waterfront facility within both. Dated: February 2, 2018
the regulated area in such a way that (7) The COTP or a designated M.R. McLellan,
they shall not interfere with the progress representative may terminate the Captain, U.S. Coast Guard, Captain of the
of the event. Such mooring must be operation of any vessel at any time it is Port Sector Mobile.
complete at least 30 minutes prior to the deemed necessary for the protection of [FR Doc. 2018–04734 Filed 3–8–18; 8:45 am]
establishment of the regulated area and life or property. BILLING CODE 9110–04–P
amozie on DSK30RV082PROD with PROPOSALS
VerDate Sep<11>2014 15:54 Mar 08, 2018 Jkt 244001 PO 00000 Frm 00016 Fmt 4702 Sfmt 9990 E:\FR\FM\09MRP1.SGM 09MRP1](https://thefederalregister.org/doc/83_FR_10466/page/4.svg)
Document Created: 2018-03-09 03:48:30
Document Modified: 2018-03-09 03:48:30
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Notice of proposed rulemaking. | |
| Dates | Comments and related material must be received by the Coast Guard on or before April 9, 2018. | |
| 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] | |
| FR Citation | 83 FR 10419 | |
| RIN Number | 1625-AA08 | |
| CFR Associated | Harbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements and Waterways |
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