[Federal Register Volume 87, Number 13 (Thursday, January 20, 2022)]
[Rules and Regulations]
[Pages 3035-3037]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-01004]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2021-0139]
RIN 1625-AA00
Safety Zone; Atlantic Ocean, Cape Canaveral, FL
AGENCY: Coast Guard, Department of Homeland Security (DHS).
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone for
navigable waters within the points defined below during a series of
rocket launches out of Cape Canaveral, FL. 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 southerly or 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 effective without actual notice from January 20,
2022, through January 31, 2022. For purposes of enforcement, actual
notice will be used from January 10, 2022, until January 20, 2022.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2021-0139 in the search box and click ``Search.'' Next, in the Document
Type column, select ``Supporting & Related Material.''
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email LTJG Griffin Terpstra, 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 Coast Guard was notified of this
series of missions on December 20, 2021, and the first launch,
scheduled for January 13, 2022, leaves insufficient time to initiate a
full rulemaking before the need for the safety zone beginnings on
January 13, 2022. Publishing an NPRM would be impracticable and
contrary to the public interest since the mission
[[Page 3036]]
would begin before completion of the rulemaking process, thereby
inhibiting the Coast Guard's ability to protect against the hazards
associated with space vehicle launches.
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 and contrary to the public interest
because the safety zone is needed by January 13, 2022, to mitigate
safety concerns during the 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 space vehicle launches occurring from
January 13 through January 31, 2022, will be a safety concern for
anyone within navigable waters near 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 January 13 through January
31, 2022, when space vehicles are being launched in a southerly or
polar orbit trajectory. The safety zone will cover all navigable waters
in the path of the space vehicles being launched near Cape Canaveral,
FL. 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. 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).
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, FL, for less than six 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 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
creating a safety zone in an area where four other safety zones already
exist. This safety zone will only be activated for approximately six
hours on that there is a launch in a direction resulting in a southerly
or polar orbit trajectory.
[[Page 3037]]
This safety zone will prohibit entry into certain navigable waters in
the path of these launches near Cape Canaveral, FL. 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.
00170.1, Revision No. 01.2.
0
2. Add Sec. 165.T07-0450 to read as follows:
Sec. 165.T07-0450 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]36'51.88''
N 80[deg]35'57.33'' W, thence to Point 2: 28[deg]34'0.00''
80[deg]25'0.00'' W, thence to Point 3: 28[deg]14'0.00''
80[deg]13'0.00'' W, thence to Point 4: 28[deg]12'0.00'' N
80[deg]23'0.00'' W, thence to Point 5: 28[deg]16'0.00'' N,
80[deg]26'00.00'' W, thence to point 6: 28[deg]26'31.81'' N,
80[deg]33'8.02'' W. 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 January
13, 2022, through January 31, 2022, during times when a Broadcast
Notice to Mariners informs mariners that space vehicles are being
launched in a direction resulting in a southerly or polar orbit
trajectory.
Dated: January 12, 2022.
J.D. Rose,
Commander, U.S. Coast Guard,Acting, Captain of the Port.
[FR Doc. 2022-01004 Filed 1-19-22; 8:45 am]
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