83 FR 53023 - Safety Zone; NASA Activities, Gulf of Mexico, Galveston, TX

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 83, Issue 203 (October 19, 2018)

Page Range		53023-53026
FR Document		2018-22866

The Coast Guard is proposing to establish a temporary, moving safety zone for all navigable waters within a 1000-yard radius of the National Aeronautics and Space Administration's (NASA's) crew module uprighting system test article while it is being tested in the territorial waters of the Gulf of Mexico off the coast of Galveston, TX. The safety zone is necessary to protect persons, vessels, and the marine environment from potential hazards created by vessels and equipment engaged in the crew capsule's at-sea testing. This proposed rulemaking would prohibit persons and vessels from being in the safety zone unless authorized by the Captain of the Port Sector Houston- Galveston or a designated representative. We invite your comments on this proposed rulemaking.

Federal Register, Volume 83 Issue 203 (Friday, October 19, 2018)

[Federal Register Volume 83, Number 203 (Friday, October 19, 2018)]
[Proposed Rules]
[Pages 53023-53026]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2018-22866]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2018-0962]
RIN 1625-AA00

Safety Zone; NASA Activities, Gulf of Mexico, Galveston, TX

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard is proposing to establish a temporary, moving
safety zone for all navigable waters within a 1000-yard radius of the
National Aeronautics and Space Administration's (NASA's) crew module
uprighting system test article while it is being tested in the
territorial waters of the Gulf of Mexico off the coast of Galveston,
TX. The safety zone is necessary to protect persons, vessels, and the
marine environment from potential hazards created by vessels and
equipment engaged in the crew capsule's at-sea testing. This proposed
rulemaking would prohibit persons and vessels from being in the safety
zone unless authorized by the Captain of the Port Sector Houston-
Galveston 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 November 5, 2018.

ADDRESSES: You may submit comments identified by docket number USCG-
2018-0962 using the Federal eRulemaking Portal at https://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email Lieutenant Collin Sykes, Eighth
Coast Guard District, Waterways Management Division, U.S. Coast Guard;
telephone 504-671-2119, email Collin.T.Sykes@uscg.mil.

SUPPLEMENTARY INFORMATION:

[[Page 53024]]

I. Table of Abbreviations

CFR Code of Federal Regulations
CMUS Crew module uprighting system
COTP Captain of the Port Sector Houston-Galveston
DHS Department of Homeland Security
FR Federal Register
NASA National Aeronautics and Space Administration
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

The National Aeronautics and Space Administration's (NASA's) Orion
program is evaluating an updated design to the crew module uprighting
system (CMUS), the system of five airbags on top of the crew capsule
that inflate upon splashdown. NASA tested the CMUS at the Neutral
Buoyancy Lab at NASA's Johnson Space Center in Houston, and requested
Coast Guard support for the at-sea uprighting tests. The at-sea testing
will involve numerous surface vessels, divers, and remote-operated
submarine vehicles, and features a rapid rotation of the Orion test
article in a confined area and partially controlled environment. Due to
the complexity of the test and proximity of the participants,
unauthorized access by persons or vessels outside the scope of the test
present a significant hazard to human life, vessels, and government
property. The Captain of the Port Sector Houston-Galveston (COTP) has
determined that this rule is needed to protect persons, vessels, and
the marine environment on the navigable waters within the safety zone
during the test.
The purpose of this rulemaking is to ensure the safety of persons,
vessels, and the marine environment on the navigable waters within a
1000-yard radius of the CMUS test article before, during, and after the
scheduled testing activities.
The Coast Guard is issuing this notice of proposed rulemaking
(NPRM) with a 15-day prior notice and opportunity to comment pursuant
to section (b)(3) of the Administrative Procedure Act (APA) (5 U.S.C.
553). Under 5 U.S.C. 553(b)(3)(B), the Coast Guard finds that good
cause exists for publishing this NPRM with a 15-day comment period
because it is impractical to provide a 30-day comment period. It is
impracticable to publish an NPRM with a 30-day comment period because
we must establish this temporary safety zone by November 28, 2018. A
15-day comment period would allow the Coast Guard to provide for public
notice and comment, but also publish a rule, if adopted, soon enough
that the length of the notice and comment period does not compromise
public safety.

III. Discussion of Proposed Rule

The COTP is proposing to establish a temporary, moving safety zone
that would cover all navigable waters within 1000 yards of NASA's CMUS
test article, which will be located in the territorial waters of the
Gulf of Mexico off the coast of Galveston, TX. NASA anticipates that
the testing activities will take place on approximately three days
during the effective period, during daylight hours only. The effective
period of this proposed rule covers a nine day window from November 28,
2018 through December 6, 2018, to allow for scheduling delays due to
inclement weather or technical difficulties. On each of the
approximately three days that the proposed rule would be enforced, the
enforcement periods would begin approximately 2 hours before testing
activities and last until approximately 2 hours after the testing
activities. The COTP or a designated representative would inform the
public through Broadcast Notices to Mariners (BNMs), Local Notices to
Mariners (LNMs), and/or Marine Safety Information Bulletins (MSIBs),
and/or other means of public notice, as appropriate, at least 3 hours
in advance of each enforcement period. Such notice of enforcement would
also include more specific information regarding the location of the
CMUS test article.
The duration of the proposed zone is intended to protect persons,
vessels, and the marine environment on these navigable waters during
the NASA testing activities. No vessel or person would be permitted to
enter or remain in the safety zone without obtaining permission from
the COTP or a designated representative. A designated representative is
a Coast Guard Patrol Commander, including a Coast Guard coxswain, petty
officer, or other officer operating a Coast Guard vessel, and a
Federal, State, and local officer designated by or assisting the COTP
in the enforcement of the safety zone. The Patrol Commander may be
contacted on Channel 16 VHF-FM (156.8 MHz) by the call sign ``PATCOM''.
Vessels requiring entry into this safety zone must request permission
from the COTP or a designated representative. They may be contacted on
VHF-FM Channel 16. All persons and vessels permitted to enter this
safety zone must transit at their slowest safe speed and comply with
all lawful directions issued by the COTP or the designated
representative. The COTP or a designated representative will inform the
public of the enforcement times, dates, and locations, for this safety
zone through BNMs, LNMs, and/or MSIBs, as appropriate. 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 the size,
location, and duration of the safety zone. Vessel traffic will be able
to safely transit around this safety zone, which would affect a small,
designated area off the coast of Galveston, TX, outside of the Houston
Ship Channel and safety fairway during daylight hours on approximately
three days. Moreover, the Coast Guard would issue a Broadcast Notice to
Mariners via VHF-FM marine channel 16 about the zone, and the rule
would allow vessels to seek permission 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
temporary safety zone may be small

[[Page 53025]]

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 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.

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 proposed rule under Department of Homeland
Security Directive 023-01 and Commandant Instruction M16475.1D, 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 temporary, moving safety
zone that would prohibit entry within 1000 yards of the CMUS test
article during daylight hours on approximately three days in the Gulf
of Mexico. Normally, such actions are categorically excluded from
further review under paragraph L60(a) of Appendix A, Table 1 of DHS
Instruction Manual 023-01-001-01, Rev. 01. A preliminary Record of
Environmental Consideration 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 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: 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.T08-0962 to read as follows:

Sec. 165.T08-0962 Safety Zone; NASA Activities, Gulf of Mexico,
Galveston, TX.

(a) Location. The following area is a safety zone: All navigable
waters within 1,000 yards of the National Aeronautics and Space
Administration's (NASA's) crew module uprighting system test article.
(b) Effective period. This section will be effective from November
28, 2018 through December 6, 2018.
(c) Enforcement periods. This section will be enforced on
approximately 3 days during the effective period, during daylight
hours. Each period of

[[Page 53026]]

enforcement will begin approximately 2 hours before testing activities
and end approximately 2 hours after testing activities. The Captain of
the Port Sector Houston-Galveston (COTP) or a designated representative
will inform the public of the enforcement through Broadcast Notices to
Mariners (BNMs), Local Notices to Mariners (LNMs), and/or Marine Safety
Information Bulletins (MSIBs) or other means of public notice at least
3 hours in advance of the enforcement of this safety zone. Such notice
of enforcement will also include more specific information regarding
the location of the CMUS test article.
(d) Regulations. (1) Under the general safety zone regulations in
subpart C of this part, you may not enter the safety zone described in
paragraph (a) of this section unless authorized by the COTP or a
designated representative. A designated representative is a Coast Guard
Patrol Commander, including a Coast Guard coxswain, petty officer, or
other officer operating a Coast Guard vessel, and a Federal, State, and
local officer designated by or assisting the COTP) in the enforcement
of the safety zone. The Patrol Commander may be contacted on Channel 16
VHF-FM (156.8 MHz) by the call sign ``PATCOM''.
(2) To seek permission to enter, contact the COTP or a designated
representative by VHF Channel 16.
(3) If granted permission to enter, all vessels must transit at
their slowest safe speed and comply with all lawful orders or
directions of the COTP or a designated representative.
(e) Informational broadcasts. The COTP or a designated
representative will inform the public through Broadcast Notices to
Mariners (BNMs), Local Notices to Mariners (LNMs), and/or Marine Safety
Information Bulletins (MSIBs) or other means of public notice of the
enforcement period for the temporary safety zone as well as any changes
in the dates and times of enforcement.

Dated: October 16, 2018.
Kevin D. Oditt,
Captain, U.S. Coast Guard, Captain of the Port Sector Houston-
Galveston.
[FR Doc. 2018-22866 Filed 10-18-18; 8:45 am]
BILLING CODE 9110-04-P

Federal Register / Vol. 83, No. 203 / Friday, October 19, 2018 / Proposed Rules 53023

provided to the geographic Combatant Secretary of Homeland Security. The Dated: October 15, 2018.
Commander concerned, the General provisions of this paragraph also are Aaron T. Siegel,
Counsel and the Judge Advocate applicable to proceedings with civil Alternate OSD Federal Register Liaison
General of the Military Department aspects that are brought by eligible Officer, Department of Defense.
concerned or, in the case of the USMC, personnel as criminal cases in [FR Doc. 2018–22752 Filed 10–18–18; 8:45 am]
to the General Counsel of the Navy and accordance with local law. Funds for BILLING CODE 5001–06–P
the Staff Judge Advocate to the the posting of bail or bond to secure the
Commandant of the Marine Corps, or, in release of non-military DoD personnel
the case of the Coast Guard, the Judge from confinement will be used as DEPARTMENT OF HOMELAND
Advocate General of the Coast Guard, provided by applicable Armed Force SECURITY
and the Chairman of the Joint Chiefs of
regulations.
Staff. Coast Guard
(c) Counsel fees and related (ii) No funds will be provided under
assistance for U.S. personnel not subject paragraph (c)(2) of this section to a 33 CFR Part 165
to the UCMJ. In cases of exceptional plaintiff who, if successful, will receive
interest to the Military Department an award, in whole or in part, from the [Docket Number USCG–2018–0962]
concerned or the Department of United States. RIN 1625–AA00
Homeland Security involving non- (iii) As provided for in 10 U.S.C.
military DoD personnel, the Secretary of Safety Zone; NASA Activities, Gulf of
1037, a person on whose behalf a
that Military Department or the Mexico, Galveston, TX
payment is made under this provision is
Secretary of Homeland Security may
not liable to reimburse the United States AGENCY: Coast Guard, DHS.
approve, pursuant to 10 U.S.C. 1037,
under the following circumstances: for that payment, unless he or she is ACTION: Notice of proposed rulemaking.
(1) Criminal cases. Requests for the responsible for the forfeiture of bail
provided for him or her under this SUMMARY: The Coast Guard is proposing
provision of counsel fees and payment to establish a temporary, moving safety
of expenses in criminal cases may be provision.
zone for all navigable waters within a
approved in pre-trial, trial, appellate, (d) Treatment of dependents confined 1000-yard radius of the National
and post-trial proceedings in any in foreign penal institutions. In Aeronautics and Space Administration’s
criminal case where: cooperation with the appropriate U.S. (NASA’s) crew module uprighting
(i) The sentence that is normally Chief of Mission and to the maximum system test article while it is being
imposed includes confinement, whether extent possible, military commanders tested in the territorial waters of the
or not such sentence is suspended; will ensure that dependents of DoD
(ii) Capital punishment might be Gulf of Mexico off the coast of
personnel receive the same treatment, Galveston, TX. The safety zone is
imposed;
(iii) An appeal is made from any rights, and support as would be necessary to protect persons, vessels,
proceeding in which there appears to extended to Armed Forces members and the marine environment from
have been a denial of the substantial when in the custody of foreign potential hazards created by vessels and
rights of the accused; authorities, or when confined (pretrial equipment engaged in the crew
(iv) The case, although not within the and post-trial) in foreign penal capsule’s at-sea testing. This proposed
criteria established in paragraphs institutions. Commanders will work rulemaking would prohibit persons and
(c)(1)(i) through (c)(1)(iii) of this section, with the appropriate U.S. Chief of vessels from being in the safety zone
is considered to have significant impact Mission to make appropriate diplomatic unless authorized by the Captain of the
on U.S. interests, including upon the contacts for the categories of dependents Port Sector Houston-Galveston or a
relations of the Armed Forces with the described in this section who are not designated representative. We invite
host country. U.S. nationals. your comments on this proposed
(2) Civil cases. Requests for provision rulemaking.
(e) Information policy. The general
of counsel fees and payment of expenses DATES: Comments and related material
in civil cases may be granted in trial and public and the Congress must be
must be received by the Coast Guard on
appellate proceedings in civil cases provided promptly with the maximum
or before November 5, 2018.
where the case is considered to have a information concerning status of forces
ADDRESSES: You may submit comments
significant impact on the relations of the matters that are consistent with the
identified by docket number USCG–
Armed Forces with the host country; or national interest. Information will be
2018–0962 using the Federal
in cases brought against eligible non- coordinated and provided to the public
eRulemaking Portal at https://
military DoD personnel (and in and the Congress in accordance with
www.regulations.gov. See the ‘‘Public
exceptional cases, by such personnel) if established procedures, including those Participation and Request for
the case is considered to involve any in DoD Directive 5122.05, ‘‘Assistant Comments’’ portion of the
other U.S. interest. Secretary of Defense for Public Affairs SUPPLEMENTARY INFORMATION section for
(3) Funding restrictions. (i) No funds (ASD(PA))’’ (available at http:// further instructions on submitting
will be provided under this part in cases www.esd.whs.mil/Portals/54/ comments.
where the U.S. Government is—in Documents/DD/issuances/dodd/
actuality or in legal effect—the plaintiff FOR FURTHER INFORMATION CONTACT: If
512205_dodd_2017.pdf?ver=2017-08-
amozie on DSK3GDR082PROD with PROPOSALS1

or the defendant; all such cases shall be you have questions about this proposed
07-125832-023), 32 CFR part 286, 32
referred to the Department of Justice, rulemaking, call or email Lieutenant
CFR part 310, and DoD Instruction Collin Sykes, Eighth Coast Guard
Office of Foreign Litigation. No funds 5400.04, ‘‘Provision of Information to
will be provided under this part in cases District, Waterways Management
Congress’’ (available at http:// Division, U.S. Coast Guard; telephone
where the non-military DoD personnel www.esd.whs.mil/Portals/54/
member is a plaintiff without prior 504–671–2119, email Collin.T.Sykes@
Documents/DD/issuances/dodi/ uscg.mil.
authorization of the Secretary of the
540004p.pdf).
Military Department concerned or the SUPPLEMENTARY INFORMATION:

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53024 Federal Register / Vol. 83, No. 203 / Friday, October 19, 2018 / Proposed Rules

I. Table of Abbreviations comment period does not compromise the enforcement times, dates, and
CFR Code of Federal Regulations
public safety. locations, for this safety zone through
CMUS Crew module uprighting system BNMs, LNMs, and/or MSIBs, as
III. Discussion of Proposed Rule
COTP Captain of the Port Sector Houston- appropriate. The regulatory text we are
Galveston The COTP is proposing to establish a proposing appears at the end of this
DHS Department of Homeland Security temporary, moving safety zone that document.
FR Federal Register would cover all navigable waters within
NASA National Aeronautics and Space 1000 yards of NASA’s CMUS test IV. Regulatory Analyses
Administration article, which will be located in the We developed this proposed rule after
NPRM Notice of proposed rulemaking territorial waters of the Gulf of Mexico considering numerous statutes and
§ Section off the coast of Galveston, TX. NASA Executive orders related to rulemaking.
U.S.C. United States Code anticipates that the testing activities will Below we summarize our analyses
II. Background, Purpose, and Legal take place on approximately three days based on a number of these statutes and
Basis during the effective period, during Executive orders and we discuss First
daylight hours only. The effective Amendment rights of protestors.
The National Aeronautics and Space period of this proposed rule covers a
Administration’s (NASA’s) Orion nine day window from November 28, A. Regulatory Planning and Review
program is evaluating an updated design 2018 through December 6, 2018, to Executive Orders 12866 and 13563
to the crew module uprighting system allow for scheduling delays due to direct agencies to assess the costs and
(CMUS), the system of five airbags on inclement weather or technical benefits of available regulatory
top of the crew capsule that inflate upon difficulties. On each of the alternatives and, if regulation is
splashdown. NASA tested the CMUS at approximately three days that the necessary, to select regulatory
the Neutral Buoyancy Lab at NASA’s proposed rule would be enforced, the approaches that maximize net benefits.
Johnson Space Center in Houston, and enforcement periods would begin Executive Order 13771 directs agencies
requested Coast Guard support for the approximately 2 hours before testing to control regulatory costs through a
at-sea uprighting tests. The at-sea testing activities and last until approximately 2 budgeting process. This NPRM has not
will involve numerous surface vessels, hours after the testing activities. The been designated a ‘‘significant
divers, and remote-operated submarine COTP or a designated representative regulatory action,’’ under Executive
vehicles, and features a rapid rotation of would inform the public through Order 12866. Accordingly, the NPRM
the Orion test article in a confined area Broadcast Notices to Mariners (BNMs), has not been reviewed by the Office of
and partially controlled environment. Local Notices to Mariners (LNMs), and/ Management and Budget (OMB), and
Due to the complexity of the test and or Marine Safety Information Bulletins pursuant to OMB guidance it is exempt
proximity of the participants, (MSIBs), and/or other means of public from the requirements of Executive
unauthorized access by persons or notice, as appropriate, at least 3 hours Order 13771.
vessels outside the scope of the test in advance of each enforcement period. This regulatory action determination
present a significant hazard to human Such notice of enforcement would also is based on the size, location, and
life, vessels, and government property. include more specific information duration of the safety zone. Vessel
The Captain of the Port Sector Houston- regarding the location of the CMUS test traffic will be able to safely transit
Galveston (COTP) has determined that article. around this safety zone, which would
this rule is needed to protect persons, The duration of the proposed zone is affect a small, designated area off the
vessels, and the marine environment on intended to protect persons, vessels, and coast of Galveston, TX, outside of the
the navigable waters within the safety the marine environment on these Houston Ship Channel and safety
zone during the test. navigable waters during the NASA fairway during daylight hours on
The purpose of this rulemaking is to testing activities. No vessel or person approximately three days. Moreover, the
ensure the safety of persons, vessels, would be permitted to enter or remain Coast Guard would issue a Broadcast
and the marine environment on the in the safety zone without obtaining Notice to Mariners via VHF–FM marine
navigable waters within a 1000-yard permission from the COTP or a channel 16 about the zone, and the rule
radius of the CMUS test article before, designated representative. A designated would allow vessels to seek permission
during, and after the scheduled testing representative is a Coast Guard Patrol to enter the zone.
activities. Commander, including a Coast Guard
The Coast Guard is issuing this notice coxswain, petty officer, or other officer B. Impact on Small Entities
of proposed rulemaking (NPRM) with a operating a Coast Guard vessel, and a The Regulatory Flexibility Act of
15-day prior notice and opportunity to Federal, State, and local officer 1980, 5 U.S.C. 601–612, as amended,
comment pursuant to section (b)(3) of designated by or assisting the COTP in requires Federal agencies to consider
the Administrative Procedure Act (APA) the enforcement of the safety zone. The the potential impact of regulations on
(5 U.S.C. 553). Under 5 U.S.C. Patrol Commander may be contacted on small entities during rulemaking. The
553(b)(3)(B), the Coast Guard finds that Channel 16 VHF–FM (156.8 MHz) by term ‘‘small entities’’ comprises small
good cause exists for publishing this the call sign ‘‘PATCOM’’. Vessels businesses, not-for-profit organizations
NPRM with a 15-day comment period requiring entry into this safety zone that are independently owned and
because it is impractical to provide a 30- must request permission from the COTP operated and are not dominant in their
day comment period. It is impracticable or a designated representative. They fields, and governmental jurisdictions
amozie on DSK3GDR082PROD with PROPOSALS1

to publish an NPRM with a 30-day may be contacted on VHF–FM Channel with populations of less than 50,000.
comment period because we must 16. All persons and vessels permitted to The Coast Guard certifies under 5 U.S.C.
establish this temporary safety zone by enter this safety zone must transit at 605(b) that this proposed rule would not
November 28, 2018. A 15-day comment their slowest safe speed and comply have a significant economic impact on
period would allow the Coast Guard to with all lawful directions issued by the a substantial number of small entities.
provide for public notice and comment, COTP or the designated representative. While some owners or operators of
but also publish a rule, if adopted, soon The COTP or a designated vessels intending to transit the
enough that the length of the notice and representative will inform the public of temporary safety zone may be small

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$53026 Federal Register / Vol. 83, No. 203 / Friday, October 19, 2018 / Proposed Rules enforcement will begin approximately 2 speed and comply with all lawful orders document in the Federal Register of hours before testing activities and end or directions of the COTP or a September 19, 2018 (83 FR 47325), approximately 2 hours after testing designated representative. regarding a Petition for Reconsideration activities. The Captain of the Port Sector (e) Informational broadcasts. The (Petition) filed in the Commission’s Houston-Galveston (COTP) or a COTP or a designated representative rulemaking proceeding. The document designated representative will inform will inform the public through contained the incorrect deadline for the public of the enforcement through Broadcast Notices to Mariners (BNMs), filing replies to an opposition to the Broadcast Notices to Mariners (BNMs), Local Notices to Mariners (LNMs), and/ Petition. This document corrects the Local Notices to Mariners (LNMs), and/ or Marine Safety Information Bulletins deadline for replies to an opposition to or Marine Safety Information Bulletins (MSIBs) or other means of public notice the Petition. (MSIBs) or other means of public notice of the enforcement period for the temporary safety zone as well as any DATES: October 19, 2018. at least 3 hours in advance of the enforcement of this safety zone. Such changes in the dates and times of ADDRESSES:Federal Communications notice of enforcement will also include enforcement. Commission, 445 12th Street SW, more specific information regarding the Dated: October 16, 2018. Washington, DC 20554. location of the CMUS test article. Kevin D. Oditt, FOR FURTHER INFORMATION CONTACT: (d) Regulations. (1) Under the general Captain, U.S. Coast Guard, Captain of the Michele Berlove, Wireline Competition safety zone regulations in subpart C of Port Sector Houston-Galveston. Bureau, at: (202) 418–1477; email: this part, you may not enter the safety [FR Doc. 2018–22866 Filed 10–18–18; 8:45 am] Michele.Berlove@fcc.gov. zone described in paragraph (a) of this section unless authorized by the COTP BILLING CODE 9110–04–P SUPPLEMENTARY INFORMATION: or a designated representative. A Correction designated representative is a Coast Guard Patrol Commander, including a FEDERAL COMMUNICATIONS In the Federal Register of September Coast Guard coxswain, petty officer, or COMMISSION 19, 2018, in FR Doc. 2018–20238, on other officer operating a Coast Guard page 47325, in the third column, and on 47 CFR Part 63 page 47326 in the first column, correct vessel, and a Federal, State, and local officer designated by or assisting the [WC Docket No. 17–84; Report No. 3101] the DATES section to read: COTP) in the enforcement of the safety DATES: Oppositions to the Petition must zone. The Patrol Commander may be Petition for Reconsideration of Action in Rulemaking Proceeding; Correction be filed on or before October 4, 2018. contacted on Channel 16 VHF–FM Replies to an opposition must be filed (156.8 MHz) by the call sign AGENCY: Federal Communications on or before October 15, 2018. ‘‘PATCOM’’. Commission. Federal Communications Commission. (2) To seek permission to enter, ACTION: Petition for Reconsideration; contact the COTP or a designated Marlene Dortch, correction. Secretary. representative by VHF Channel 16. (3) If granted permission to enter, all SUMMARY:The Federal Communications [FR Doc. 2018–22357 Filed 10–18–18; 8:45 am] vessels must transit at their slowest safe Commission (Commission) published a BILLING CODE 6712–01–P amozie on DSK3GDR082PROD with PROPOSALS1 VerDate Sep<11>2014 16:34 Oct 18, 2018 Jkt 247001 PO 00000 Frm 00024 Fmt 4702 Sfmt 9990 E:\FR\FM\19OCP1.SGM 19OCP1$

Document Created: 2018-10-19 01:26:07
Document Modified: 2018-10-19 01:26:07

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 November 5, 2018.
Contact		If you have questions about this proposed rulemaking, call or email Lieutenant Collin Sykes, Eighth Coast Guard District, Waterways Management Division, U.S. Coast Guard; telephone 504-671-2119, email [email protected]
FR Citation		83 FR 53023
RIN Number		1625-AA00
CFR Associated		Harbors; Marine Safety; Navigation (Water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

83 FR 53023 - Safety Zone; NASA Activities, Gulf of Mexico, Galveston, TX

DEPARTMENT OF HOMELAND SECURITYCoast Guard

Federal Register Volume 83, Issue 203 (October 19, 2018)

DEPARTMENT OF HOMELAND SECURITY
Coast Guard