83 FR 63804 - Safety Zone; Rocket Debris Control and Removal Operations, Atlantic Ocean, Cape Canaveral, FL
DEPARTMENT OF HOMELAND SECURITY
Coast Guard Federal Register Volume 83, Issue 238 (December 12, 2018)
Coast Guard
Federal Register Volume 83, Issue 238 (December 12, 2018)
| Page Range | 63804-63806 | |
| FR Document | 2018-26860 |
[Federal Register Volume 83, Number 238 (Wednesday, December 12, 2018)] [Rules and Regulations] [Pages 63804-63806] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-26860] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG-2018-1081] RIN 1625-AA00 Safety Zone; Rocket Debris Control and Removal Operations, Atlantic Ocean, Cape Canaveral, FL AGENCY: Coast Guard, DHS. ACTION: Temporary final rule. ----------------------------------------------------------------------- SUMMARY: The Coast Guard is establishing a 1000-yard temporary moving safety zone around the Falcon 9 rocket in the Atlantic Ocean, in the vicinity of Port Canaveral Harbor, Cape Canaveral, FL. This safety zone is necessary to protect personnel, vessels, and the public from potential hazards associated with the control and removal of the rocket and any debris from navigable waters of the Atlantic Ocean. All persons and vessels are prohibited from entering, transiting through, anchoring in, or remaining within the safety zone unless authorized by the Captain of the Port Jacksonville or a designated representative. DATES: This rule is effective without actual notice from December 12, 2018 through December 28, 2018. For purposes of enforcement, actual notice will be used from December 5, 2018 through December 12, 2018. ADDRESSES: To view documents mentioned in this preamble as being available in the docket, go to http://www.regulations.gov, type USCG- 2018-1081 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open Docket Folder on the line associated with this rule. FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, call or email Petty Officer Rory Boyle, Sector Jacksonville, Waterways Management Division, U.S. Coast Guard; telephone (904) 714-7661, email [email protected]. SUPPLEMENTARY INFORMATION: I. Table of Abbreviations COTP Captain of the Port CFR Code of Federal Regulations DHS Department of Homeland Security E.O Executive order FR Federal Register NPRM Notice of proposed rulemaking Pub. L. Public Law Sec. Section U.S.C. United States Code II. Background Information and Regulatory History The Coast Guard is issuing this temporary rule without prior notice and opportunity to comment pursuant to authority under section 4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This provision authorizes an agency to issue a rule without prior notice and opportunity to comment when the agency for good cause finds that those procedures are ``impracticable, unnecessary, or contrary to the public interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause exists for not publishing a notice of proposed rulemaking (NPRM) with respect to this rule because it is impracticable. On December 5, 2018, the Coast Guard determined that immediate action was necessary to protect life and property from the hazards associated with control and removal of a Falcon 9 rocket and any associated debris located in the Atlantic Ocean. Due to the emergent nature and increased safety risks associated with control and removal operations for the rocket, there is insufficient time to publish an NPRM and to receive public comments before the rulemaking is required. The regulation is necessary to provide for the safety of persons and vessels within a 1000-yard radius of the Falcon 9 rocket. For those reasons, it would be impracticable to publish an NPRM. For the reasons discussed above, under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause exists for making this rule effective less than 30 days after publication in the Federal Register. III. Legal Authority and Need for Rule The Coast Guard is issuing this rule under authority in 33 U.S.C. 1231. The Captain of the Port Jacksonville (COTP) has determined that potential hazards associated with control and removal operations for the Falcon 9 rocket will be a safety concern for persons and vessels within a 1000-yard radius of the rocket. The purpose of this rule is to protect personnel, vessels, and the marine environment in the navigable waters within the safety zone during control and removal operations associated with the Falcon 9 rocket. IV. Discussion of the Rule This rule establishes a safety zone that will encompass all navigable waters of the Atlantic Ocean within a 1000-yard radius of a Falcon 9 rocket located at position 28[deg]24.3 N 080[deg]30.8 W, in the vicinity of Port Canaveral Harbor, Cape Canaveral, Florida. The safety zone will be enforced during control, movement, and removal operations associated with the Falcon 9 rocket from 7 p.m. on December 5, 2018 until 11:59 p.m. on December 28, 2018, unless sooner terminated by the COTP Jacksonville upon completion of the removal operations. The duration of the safety zone is intended to ensure the safety of persons, vessels, and the marine environment from potential hazards associated with rocket and debris movement control and removal operations. These operations include the use of towing vessels, divers and support vessels. There will be occasions during the operations when there will be divers in the water and the waterway will be obstructed by the associated vessels and equipment. No vessel or person will be permitted to enter, transit through, anchor in, or remain within the safety zone unless authorized by the COTP Jacksonville or designated representative. If authorization to enter, transit through, anchor in, or remain within the safety zone granted by the COTP Jacksonville or a designated representative, all persons and vessels receiving such authorization must transit at a minimum safe speed and must comply with the orders of the COTP Jacksonville or designated representative. The Coast Guard will provide notice and status of the safety zone by Broadcast Notice to Mariners or on-scene designated representatives. V. Regulatory Analyses We developed this rule after considering numerous statutes and Executive orders related to rulemaking. Below we summarize our analyses based on a number of these statutes and Executive orders, and we discuss First Amendment rights of protestors. A. Regulatory Planning and Review Executive Orders 12866 and 13563 direct agencies to assess the costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits. Executive Order 13771 directs agencies to control regulatory costs through a budgeting process. This rule has not been designated a ``significant regulatory action,'' under Executive Order 12866. Accordingly, this rule has [[Page 63805]] not been reviewed by the Office of Management and Budget (OMB), and pursuant to OMB guidance it is exempt from the requirements of Executive Order 13771. This regulatory action determination is based on the size, location, duration, and time-of-day. Although persons and vessels may not enter, transit through, anchor in, or remain within the safety zone without authorization from the COTP Jacksonville or a designated representative, vessel traffic will be able to safely operate in the surrounding area during the enforcement. Additionally, any persons or vessels may request authorization to enter, transit through, anchor in, or remain with the safety zone from the COTP Jacksonville or a designated representative. Moreover, the Coast Guard will provide notice of the safety zone to the local maritime community by Broadcast Notice to Mariners via VHF-FM marine channel 16 about the zone. B. Impact on Small Entities The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as amended, requires Federal agencies to consider the potential impact of regulations on ``small entities'' comprised of small businesses and not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations of less than 50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule would not have a significant economic impact on a substantial number of small entities. While some owners or operators of vessels intending to transit the safety zone may be small entities, for the reasons stated in section V.A above, this rule will not have a significant economic impact on any vessel owner or operator. Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104-121), we want to assist small entities in understanding this rule. If the rule would affect your small business, organization, or governmental jurisdiction and you have questions concerning its provisions or options for compliance, please contact the person listed in the FOR FURTHER INFORMATION CONTACT section. Small businesses may send comments on the actions of Federal employees who enforce, or otherwise determine compliance with, Federal regulations to the Small Business and Agriculture Regulatory Enforcement Ombudsman and the Regional Small Business Regulatory Fairness Boards. The Ombudsman evaluates these actions annually and rates each agency's responsiveness to small business. If you wish to comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR (1-888-734-3247). The Coast Guard will not retaliate against small entities that question or complain about this rule or any policy or action of the Coast Guard. C. Collection of Information This rule will not call for a new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). D. Federalism and Indian Tribal Governments A rule has implications for federalism under Executive Order 13132, Federalism, if it has a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. We have analyzed this rule under that Order and have determined that it is consistent with the fundamental federalism principles and preemption requirements described in Executive Order 13132. Also, this rule does not have tribal implications under Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, because it does not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes. If you believe this rule has implications for federalism or Indian tribes, please contact the person listed in the FOR FURTHER INFORMATION CONTACT section above. E. Unfunded Mandates Reform Act The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) requires Federal agencies to assess the effects of their discretionary regulatory actions. In particular, the Act addresses actions that may result in the expenditure by a State, local, or tribal government, in the aggregate, or by the private sector of $100,000,000 (adjusted for inflation) or more in any one year. Though this rule will not result in such expenditure, we do discuss the effects of this rule elsewhere in this preamble. F. Environment We have analyzed this rule under Department of Homeland Security Management Directive 023-01 and Commandant Instruction M16475.lD, which guide the Coast Guard in complying with the National Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have determined that this action is one of a category of actions that do not individually or cumulatively have a significant effect on the human environment. This rule involves a safety zone that will prohibit entry within navigable waters outlined in the Discussion of the Rule above. This rule is categorically excluded from further review under paragraph L60(a) of Appendix A, Table 1 of the DHS Instruction Manual 023-01-001-01, Rev. 01. G. Protest Activities The Coast Guard respects the First Amendment rights of protesters. Protesters are asked to contact the person listed in the FOR FURTHER INFORMATION CONTACT section to coordinate protest activities so that your message can be received without jeopardizing the safety or security of people, places or vessels. List of Subjects in 33 CFR Part 165 Harbors, Marine safety, Navigation (water), Reporting and recordkeeping requirements, Security measures, Waterways. For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 165 as follows: PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS 0 1. The authority citation for part 165 continues to read as follows: Authority: 33 U.S.C. 1231; 50 U.S.C. 191, 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Department of Homeland Security Delegation No. 0170.1. 0 2. Add Sec. 165.T07-1081 to read as follows: Sec. 165.T07-1081 Safety Zone; Rocket Debris Control and Removal Operations, Atlantic Ocean, Cape Canaveral, FL. (a) Regulated area. The following regulated area is a moving safety zone: All waters of the Atlantic Ocean within a 1,000-yard radius around the Falcon 9 rocket and associated debris. The safety zone will start east of Port Canaveral Harbor, Cape Canaveral, Florida, in approximate position 28[deg]24.3 N 080[deg]30.8 W and transit with the rocket in the vicinity of Port Canaveral Harbor, Cape Canaveral, FL. (b) Definition. The term ``designated representative'' means Coast Guard Patrol Commanders, including Coast Guard coxswains, petty officers, and other officers operating Coast Guard [[Page 63806]] vessels, and Federal, state, and local officers designated by or assisting the Captain of the Port Jacksonville in the enforcement of the regulated area. (c) Regulations. (1) All persons and vessels are prohibited from entering, transiting through, anchoring in, or remaining within the regulated area unless authorized by the Captain of the Port Jacksonville or a designated representative. (2) Persons and vessels desiring to enter, transit through, anchor in, or remain within the regulated area may contact the Captain of the Port Jacksonville by telephone at (904) 714-7557, or a designated representative via VHF-FM radio channel 16, to request authorization. If authorization is granted by the Captain of the Port Jacksonville or a designated representative, all persons and vessels receiving such authorization must comply with the instructions of the Captain of the Port Jacksonville or a designated representative. (3) The Coast Guard will issue notice of the safety zone to the local maritime community via Broadcast Notice to Mariners via VHF-FM marine channel 16 or by on-scene designated representatives. (d) Enforcement. This section will be enforced from 7:00 p.m. on December 5, 2018 until 11:59 p.m. on December 28, 2018, unless sooner terminated by the Captain of the Port Jacksonville upon completion of rocket and debris control and removal operations. Dated: December 6, 2018. T.C. Wiemers, Captain, U.S. Coast Guard, Captain of the Port Jacksonville. [FR Doc. 2018-26860 Filed 12-11-18; 8:45 am] BILLING CODE 9110-04-P
![63804 Federal Register / Vol. 83, No. 238 / Wednesday, December 12, 2018 / Rules and Regulations
* * * * * I. Table of Abbreviations IV. Discussion of the Rule
Issued in Washington, DC. COTP Captain of the Port This rule establishes a safety zone that
Hilary Duke, CFR Code of Federal Regulations will encompass all navigable waters of
Assistant General Counsel for Regulatory DHS Department of Homeland Security the Atlantic Ocean within a 1000-yard
Affairs Pension Benefit Guaranty E.O Executive order radius of a Falcon 9 rocket located at
Corporation. FR Federal Register position 28°24.3 N 080°30.8 W, in the
NPRM Notice of proposed rulemaking
[FR Doc. 2018–26843 Filed 12–11–18; 8:45 am]
Pub. L. Public Law
vicinity of Port Canaveral Harbor, Cape
BILLING CODE 7709–02–P § Section Canaveral, Florida. The safety zone will
U.S.C. United States Code be enforced during control, movement,
and removal operations associated with
II. Background Information and the Falcon 9 rocket from 7 p.m. on
DEPARTMENT OF HOMELAND Regulatory History December 5, 2018 until 11:59 p.m. on
SECURITY The Coast Guard is issuing this December 28, 2018, unless sooner
temporary rule without prior notice and terminated by the COTP Jacksonville
Coast Guard
opportunity to comment pursuant to upon completion of the removal
authority under section 4(a) of the operations. The duration of the safety
33 CFR Part 165
Administrative Procedure Act (APA) (5 zone is intended to ensure the safety of
U.S.C. 553(b)). This provision persons, vessels, and the marine
[Docket Number USCG–2018–1081]
authorizes an agency to issue a rule environment from potential hazards
without prior notice and opportunity to associated with rocket and debris
RIN 1625–AA00
comment when the agency for good movement control and removal
Safety Zone; Rocket Debris Control cause finds that those procedures are operations. These operations include
and Removal Operations, Atlantic ‘‘impracticable, unnecessary, or contrary the use of towing vessels, divers and
Ocean, Cape Canaveral, FL to the public interest.’’ Under 5 U.S.C. support vessels. There will be occasions
553(b)(B), the Coast Guard finds that during the operations when there will
AGENCY: Coast Guard, DHS. good cause exists for not publishing a be divers in the water and the waterway
ACTION: Temporary final rule. notice of proposed rulemaking (NPRM) will be obstructed by the associated
with respect to this rule because it is vessels and equipment. No vessel or
SUMMARY: The Coast Guard is impracticable. On December 5, 2018, the person will be permitted to enter, transit
establishing a 1000-yard temporary Coast Guard determined that immediate through, anchor in, or remain within the
moving safety zone around the Falcon 9 action was necessary to protect life and safety zone unless authorized by the
rocket in the Atlantic Ocean, in the property from the hazards associated COTP Jacksonville or designated
vicinity of Port Canaveral Harbor, Cape with control and removal of a Falcon 9 representative. If authorization to enter,
Canaveral, FL. This safety zone is rocket and any associated debris located transit through, anchor in, or remain
necessary to protect personnel, vessels, in the Atlantic Ocean. Due to the within the safety zone granted by the
and the public from potential hazards emergent nature and increased safety COTP Jacksonville or a designated
associated with the control and removal risks associated with control and representative, all persons and vessels
of the rocket and any debris from removal operations for the rocket, there receiving such authorization must
navigable waters of the Atlantic Ocean. is insufficient time to publish an NPRM transit at a minimum safe speed and
All persons and vessels are prohibited and to receive public comments before must comply with the orders of the
from entering, transiting through, the rulemaking is required. The COTP Jacksonville or designated
anchoring in, or remaining within the regulation is necessary to provide for representative. The Coast Guard will
safety zone unless authorized by the the safety of persons and vessels within provide notice and status of the safety
Captain of the Port Jacksonville or a a 1000-yard radius of the Falcon 9 zone by Broadcast Notice to Mariners or
designated representative. rocket. For those reasons, it would be on-scene designated representatives.
DATES: This rule is effective without impracticable to publish an NPRM.
V. Regulatory Analyses
actual notice from December 12, 2018 For the reasons discussed above,
through December 28, 2018. For under 5 U.S.C. 553(d)(3), the Coast We developed this rule after
purposes of enforcement, actual notice Guard finds that good cause exists for considering numerous statutes and
will be used from December 5, 2018 making this rule effective less than 30 Executive orders related to rulemaking.
through December 12, 2018. days after publication in the Federal Below we summarize our analyses
ADDRESSES: To view documents Register. based on a number of these statutes and
mentioned in this preamble as being Executive orders, and we discuss First
III. Legal Authority and Need for Rule Amendment rights of protestors.
available in the docket, go to http://
www.regulations.gov, type USCG–2018– The Coast Guard is issuing this rule
under authority in 33 U.S.C. 1231. The A. Regulatory Planning and Review
1081 in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket Captain of the Port Jacksonville (COTP) Executive Orders 12866 and 13563
Folder on the line associated with this has determined that potential hazards direct agencies to assess the costs and
rule. associated with control and removal benefits of available regulatory
operations for the Falcon 9 rocket will alternatives and, if regulation is
FOR FURTHER INFORMATION CONTACT: If
be a safety concern for persons and necessary, to select regulatory
you have questions on this rule, call or vessels within a 1000-yard radius of the approaches that maximize net benefits.
amozie on DSK3GDR082PROD with RULES
email Petty Officer Rory Boyle, Sector rocket. The purpose of this rule is to Executive Order 13771 directs agencies
Jacksonville, Waterways Management protect personnel, vessels, and the to control regulatory costs through a
Division, U.S. Coast Guard; telephone marine environment in the navigable budgeting process. This rule has not
(904) 714–7661, email Rory.C.Boyle@ waters within the safety zone during been designated a ‘‘significant
uscg.mil. control and removal operations regulatory action,’’ under Executive
SUPPLEMENTARY INFORMATION: associated with the Falcon 9 rocket. Order 12866. Accordingly, this rule has
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![63806 Federal Register / Vol. 83, No. 238 / Wednesday, December 12, 2018 / Rules and Regulations
vessels, and Federal, state, and local accelerating the transition from 121.5 2. Section 332 of the Communications
officers designated by or assisting the MHz ELTs to 406 MHz ELTs, this rule Act of 1934, as amended (the Act), states
Captain of the Port Jacksonville in the change will enhance the ability of that the Commission, ‘‘[i]n taking
enforcement of the regulated area. search and rescue personnel to locate actions to manage the spectrum to be
(c) Regulations. (1) All persons and and bring aid to the victims of plane made available for use by the private
vessels are prohibited from entering, crashes. mobile services . . . shall consider . . .
transiting through, anchoring in, or DATES: The rule is effective January 11, whether such actions will . . . promote
remaining within the regulated area 2019. The stay of § 87.195 is lifted the safety of life and property; [or] (2)
unless authorized by the Captain of the effective January 11, 2019. improve the efficiency of spectrum use
Port Jacksonville or a designated and reduce the regulatory burden upon
ADDRESSES: Federal Communications
representative. spectrum users, based upon sound
Commission, 445 12th Street SW,
(2) Persons and vessels desiring to engineering principles, user operational
Washington DC 20554.
enter, transit through, anchor in, or requirements, and marketplace demands
FOR FURTHER INFORMATION CONTACT:
remain within the regulated area may . . . .’’ Section 303 of the Act further
Jeffrey Tobias, Jeff.Tobias@FCC.gov, requires the Commission, pursuant to its
contact the Captain of the Port
Wireless Telecommunications Bureau, licensing authority, to ‘‘prescribe the
Jacksonville by telephone at (904) 714–
(202) 418–1617, or TTY (202) 418–7233. nature of the service to be rendered by
7557, or a designated representative via
SUPPLEMENTARY INFORMATION: This is a each class of licensed stations and each
VHF–FM radio channel 16, to request
authorization. If authorization is granted summary of the Federal station within any class.’’ In concert
by the Captain of the Port Jacksonville Communications Commission’s Fourth with these direct statutory mandates,
or a designated representative, all Report and Order in WT Docket No. 01– the Commission has an obligation to
289, FCC 18–155, adopted on November advance the goal ‘‘of obtaining
persons and vessels receiving such
7, 2018, and released on November 8, maximum effectiveness from the use of
authorization must comply with the
2018. The full text of this document is radio and wire communications in
instructions of the Captain of the Port
available for inspection and copying connection with safety of life and
Jacksonville or a designated
during normal business hours in the property.’’ 1
representative.
FCC Reference Information Center, 3. In furtherance of these statutory
(3) The Coast Guard will issue notice
Portals II, 445 12th Street SW, responsibilities, the Commission
of the safety zone to the local maritime
Washington, DC 20554. Alternative authorizes and regulates three types of
community via Broadcast Notice to
formats are available to persons with satellite emergency radiobeacons:
Mariners via VHF–FM marine channel
disabilities by sending an email to Emergency Position-Indicating
16 or by on-scene designated
fcc504@fcc.gov or by calling the Radiobeacons (EPIRBs),2 Personal
representatives. Consumer & Governmental Affairs
(d) Enforcement. This section will be Locator Beacons (PLBs),3 and ELTs.4
Bureau at 202–418–0530 (voice), 202– ELTs are activated after an aircraft crash
enforced from 7:00 p.m. on December 5, 418–0432 (tty). To request materials in
2018 until 11:59 p.m. on December 28, to alert search and rescue personnel of
accessible formats for persons with the incident and to identify the location
2018, unless sooner terminated by the disabilities (braille, large print,
Captain of the Port Jacksonville upon of the aircraft and any survivors. Most
electronic files, audio format), send an aircraft, including most general aviation
completion of rocket and debris control email to fcc504@fcc.gov or call the
and removal operations. (GA) aircraft, are required by federal
Consumer & Governmental Affairs statute to carry an ELT.
Dated: December 6, 2018. Bureau at 202–418–0530 (voice), 202– 4. The two types of ELT now in
T.C. Wiemers, 418–0432 (tty). The complete text is also service are the 406 MHz ELT and the
Captain, U.S. Coast Guard, Captain of the available on the Commission’s website 121.5 MHz ELT.5 406 MHz ELTs
Port Jacksonville. at: www.fcc.gov. transmit a 406 MHz digital distress
[FR Doc. 2018–26860 Filed 12–11–18; 8:45 am] 1. Emergency Locator Transmitters signal containing information on the
BILLING CODE 9110–04–P
(ELTs) are radio beacons that are carried type of emergency, the country and
on board aircraft and triggered in the identification code of the beacon, and
event of a crash or other unplanned
downing. The Commission authorizes
FEDERAL COMMUNICATIONS 1 The Act also mandates that the Commission
these devices to serve as an effective ‘‘encourage the larger and more effective use of
COMMISSION
locating aid for survival purposes. For radio in the public interest.’’ In addition, the Act
years, the ELTs operated only at 121.5 and its statutory predecessors, the Radio Acts of
47 CFR Part 87 1912 and 1927, have long reflected Congress’s
MHz, with their transmissions special concern about protecting the integrity of
[WT Docket No. 01–289; FCC 18–155] monitored by an international satellite- distress communications.
based system (the Cospas-Sarsat system) 2 EPIRBs are float-free emergency transmitters
Aviation Radio Service
that could determine their location over carried on marine vessels that alert maritime search
most of the world’s major air and sea and rescue authorities that the vessel is in distress.
AGENCY: Federal Communications 3 PLBs are emergency transmitters available to the
Commission. travel paths. By 2010, however, the general public to alert search and rescue personnel
ACTION: Final rule; lifting of stay. Cospas-Sarsat system limited tracking of in case of a life-threatening emergency in a remote
ELTs to a newer type operating area.
SUMMARY: In this document, the Federal primarily at 406 MHz, thus eroding the 4 See 47 CFR 87.199.
5 ELTs, like EPIRBs, were initially authorized to
Communications Commission utility of the 121.5 MHz ELTs as an
operate only on 121.5 MHz and (primarily for
(Commission or FCC) adopts a rule that effective locating aid. By accelerating
amozie on DSK3GDR082PROD with RULES
military use) on 243 MHz. In 1988, the Commission
prohibits the certification, and after a the transition to 406 MHz ELTs with the amended the part 80 rules to permit EPIRBs to
six-month transition period, the rule changes we adopt in this Fourth operate on the frequency 406.025 MHz as well. In
manufacture, importation, or sale of Report and Order, we will enhance the 1993, the Commission likewise authorized the use
of 406.025 MHz by ELTs, noting that doing so had
121.5 MHz Emergency Locator ability of search and rescue personnel to ‘‘overwhelming support.’’ PLBs have never been
Transmitters (ELTs), but declines to locate and bring aid to the victims of authorized to transmit a distress signal on 121.5
prohibit the use of 121.5 MHz ELTs. By plane crashes. MHz, but only on 406.025 MHz.
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Document Created: 2018-12-12 01:40:17
Document Modified: 2018-12-12 01:40:17
| 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 | Rules and Regulations | |
| Action | Temporary final rule. | |
| Dates | This rule is effective without actual notice from December 12, 2018 through December 28, 2018. For purposes of enforcement, actual notice will be used from December 5, 2018 through December 12, 2018. | |
| Contact | If you have questions on this rule, call or email Petty Officer Rory Boyle, Sector Jacksonville, Waterways Management Division, U.S. Coast Guard; telephone (904) 714-7661, email [email protected] | |
| FR Citation | 83 FR 63804 | |
| RIN Number | 1625-AA00 | |
| CFR Associated | Harbors; Marine Safety; Navigation (Water); Reporting and Recordkeeping Requirements; Security Measures and Waterways |
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