[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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