[Federal Register Volume 85, Number 167 (Thursday, August 27, 2020)]
[Rules and Regulations]
[Pages 52919-52920]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-18886]



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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2020-0536]
RIN 1625-AA00


Safety Zone; Atlantic Ocean, Cape Canaveral, FL

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for 
navigable waters within defined points during the launch of SpaceX 
Falcon 9 SAOCOM1B mission. The safety zone is needed to protect 
personnel, vessels, and the marine environment from potential hazards 
created by space vehicles being launched in a direction resulting in a 
polar orbit trajectory. Entry of vessels or persons into this zone is 
prohibited unless specifically authorized by the Captain of the Port 
Jacksonville.

DATES: This rule is from 4:00 p.m. until 10:00 p.m. on August 27, 2020.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2020-0536 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 LT Emily Sysko, Sector Jacksonville, Waterways Management 
Division, U.S. Coast Guard; telephone 904-714-7616, email 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background 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 the SpaceX Falcon 9 SAOCOM1B mission 
was originially scheduled and approved only 20 days before the safety 
zone would have been in effect on March 30, 2020. Then, the launch was 
cancelled completely on March 26, 2020, with no potential launch date. 
Then, on June 25, 2020, Captain of the Port Sector Jacksonville was 
notified that the launch was back on the schedule with a tentative 
launch date of July 25, 2020 but was subsequently cancelled. On August 
19, 2020 Captain of the Port Jacksonville was notified that the launch 
was approved for August, 27, 2020. It is impracticable to publish an 
NPRM because to be effective the safety zone must be established by 
July 25, 2020.
    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. Delaying the effective date of 
this rule would be impracticable because of safety concerns that should 
be mitigated by using a safety zone during space vehicle launches.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C. 
70034. The Captain of the Port Jacksonville (COTP) has determined that 
potential hazards associated with a space vehicle launch, on August 27, 
2020, will be a safety concern for anyone within a 240 square nautical 
mile (nm) area seaward of Cape Canaveral, FL. This rule is needed to 
protect personnel, vessels, and the marine environment in the navigable 
waters within the safety zone during launch.

IV. Discussion of the Rule

    This rule establishes a safety zone from 4:00 p.m. until 10:00 p.m. 
on August 27, 2020. The safety zone will cover all navigable waters 
within a 240 square nm area in the path of the SpaceX Falcon 9 SAOCOM1B 
launch. The duration of the zone is intended to protect personnel, 
vessels, and the marine environment in the surrounding navigable waters 
while the launch occurs. No vessel or person will be permitted to enter 
the safety zone without obtaining permission from the COTP or a 
designated representative.

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 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 limited 
duration of the safety zone. Vessel traffic will be able to safely 
transit around this safety zone which would impact the offshore area 
around Cape Canaveral for less than 6 hours. 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 rule 
will 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 
call or email the

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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.

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 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, Rev. 1, associated implementing instructions, and 
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast 
Guard in complying with the National Environmental Policy Act of 1969 
(42 U.S.C. 4321-4370f), and have 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 lasting only six hours that will prohibit entry of a 240 
square nm area for the launch of the SpaceX Falcon 9 SAOCOM1B mission. 
The REC for the originally planned launch will be used as the substance 
of the determination has not changed, only the date of launch. It is 
categorically excluded from further review under paragraph L60(a) of 
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1. A 
Record of Environmental Consideration supporting this determination is 
available in the docket. For instructions on locating the docket, see 
the ADDRESSES section of this preamble.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to call or email the person listed in the FOR 
FURTHER INFORMATION CONTACT section to coordinate protest activities so 
that your message can be received without jeopardizing the safety or 
security of people, places or vessels.

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:  46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No. 0170.1.

0
2. Add Sec.  165.T07-0536 to read as follows:


Sec.  165.T07-0536  Safety Zone; Atlantic Ocean, Cape Canaveral, FL.

    (a) Location. The following area is a safety zone: All waters of 
the Atlantic Ocean, from surface to bottom, encompassed by a line 
connecting the following points beginning at Point 1: 28[deg]36'30.95'' 
N 80[deg]35'38.67'' W, thence to Point 2: 28[deg]37'59.99'' N 
80[deg]23'00.00'' W, thence to Point 3: 28[deg]27'32.62'' N 
80[deg]17'51.71'' W, thence to Point 4: 28[deg]21'06.81'' N 
80[deg]22'39.89'' W, thence to Point 5: 28[deg]10'00.58'' N 
80[deg]21'39.38'' W, thence to Point 6: 28[deg]10'00.00'' N 
80[deg]24'00.00'' W, thence to Point 7: 28[deg]25'50.40'' N 
80[deg]34'14.81'' W, and following along the shoreline back to the 
beginning point. These coordinates are based on WGS 84.
    (b) Definitions. As used in this section, designated representative 
means a Coast Guard Patrol Commander, including a Coast Guard coxswain, 
petty officer, or other officer operating a Coast Guard vessel, and 
U.S. Air Force range safety personnel, and a Federal, State, and local 
officer designated by or assisting the Captain of the Port Jacksonville 
(COTP) in the enforcement of the safety zone.
    (c) 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 the 
COTP's designated representative.
    (2) To seek permission to enter, transit through, anchor in or 
remain within the safety zone contact the COTP Jacksonville by 
telephone at (904) 714-7557 or the COTP's representative via VHF-FM 
radio on channel 16. Those in the safety zone must comply with all 
lawful orders or directions given to them by the COTP or the COTP's 
designated representative.
    (d) Enforcement period. This section will be enforced from 4:00 
p.m. until 10:00 p.m. on August 27, 2020.

    Dated: August 21, 2020.
M.R. Vlaun,
Captain, U.S. Coast Guard, Captain of the Port Jacksonville.
[FR Doc. 2020-18886 Filed 8-26-20; 8:45 am]
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