[Federal Register Volume 89, Number 49 (Tuesday, March 12, 2024)]
[Rules and Regulations]
[Pages 17751-17753]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-05205]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2024-0155]
RIN 1625-AA00


Safety Zone; Gulf of Mexico and South Bay, Boca Chica Beach, TX

AGENCY: Coast Guard, Department of Homeland Security (DHS).

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing two temporary safety zones to 
protect personnel, vessels, and the marine environment from potential 
hazards created by commercial spaceflight activities. One safety zone 
is in the navigable waters of South Bay, TX and the other is in the 
navigable waters of the Gulf of Mexico, within 12 nautical miles. Entry 
of vessels or persons into these zones are prohibited unless 
specifically authorized by the Captain of the Port, Sector Corpus 
Christi (COTP) or a designated representative.

DATES: This rule is effective from March 14, 2024 through March 26, 
2024, and subject to enforcement between the hours of 6 a.m. to noon, 
each day.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2024-0155 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 about this rule, 
call or email Lieutenant Commander Anthony Garofalo, Sector Corpus 
Christi Waterways Management Division, U.S. Coast Guard; telephone 361-
939-5130, 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 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. Space 
Exploration Technologies Corporation (SpaceX) will begin operation of 
its Starship/Super Heavy launch operations on March 14, 2024, through 
March 26, 2024, each day. There is insufficient time between now and 
then to provide notice of a proposal to create these safety zones, 
consider comments received, and publish a final rule.
    In addition, the Coast Guard finds that good cause also exists 
under 5 U.S.C. 553(d)(3) for making this rule effective less than 30 
days after publication in the Federal Register because the safety zones 
must be in effect in fewer than 30 days to serve their purpose and it 
would be contrary to the public interest to delay their effective date 
until after the hazardous activities begin.

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, Sector Corpus Christi (COTP) has 
determined that hazards inherent in rocket launching activity 
necessitate provisions to protect personnel, vessels, and the marine 
environment while it is taking place. The hazards inherent in SpaceX's 
rocket launching activities include free falling debris and/or 
descending vehicles or vehicle components.

IV. Discussion of the Rule

    This rule is subject to enforcement from 6 a.m. to noon each day, 
from March 14, 2024, through March 26, 2024. No vessel or person will 
be permitted to enter the temporary safety zones during the period in 
which the rule is subject to enforcement without obtaining permission 
from the COTP or a designated representative, who may be contacted on 
Channel 16 VHF-FM (156.8 MHz) or by telephone at 361-939-0450. The 
Coast Guard will issue Broadcast Notices to Mariners, Local Notices to 
Mariners, and/or Safety Marine Information Broadcasts as appropriate.

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.

[[Page 17752]]

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, as amended by 
Executive Order 14094 (Modernizing Regulatory Review). Accordingly, 
this rule has not been reviewed by the Office of Management and Budget 
(OMB).
    This regulatory action determination is based on the size, 
location, and duration of the safety zones. The safety zones cover 
approximately 4.5 square mile area of the South Bay and approximately 
115 square mile area of the Gulf of Mexico offshore Boca Chica, Beach, 
TX. The temporary safety zones will be subject to enforcement for a 
period of 6 hours a day, from March 14, 2024, through March 26, 2024. 
The rule does not completely prohibit vessel traffic within the 
waterway and it allows mariners to request permission to enter the 
zones.

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 
temporary 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 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 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 establishment of two temporary safety 
zones for navigable waters in the Gulf of Mexico and South Bay. The 
safety zones are needed to protect personnel, vessels, and the marine 
environment from potential hazards created by rocket launching activity 
that may include free falling debris and/or descending vehicles or 
vehicle components under various means of control. It is categorically 
excluded from further review under paragraph L60(c), in Appendix A, 
Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1.

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:  46 U.S.C. 70034, 70051, 70124; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No. 
00170.1, Revision No. 01.3.


0
2. Add Sec.  165.T08-0155 to read as follows:


Sec.  165.T08-0155  Safety Zones; Gulf of Mexico and South Bay, Boca 
Chica Beach, TX.

    (a) Location. The following areas are safety zones: Safety Zone A 
consists of all navigable waters of the Gulf of Mexico, from the 
surface to bottom, encompassed by a line connecting the

[[Page 17753]]

following points beginning at Point 1: 26[deg]2'36'' N 097[deg]9'8'' W, 
thence to Point 2: 26[deg]3'0'' N 097[deg]7'0'' W, thence to Point 3: 
26[deg]7'48'' N 096[deg]56'2.2'' W, thence following the 12NM line to 
United States of America/Mexico Maritime Boundary Line, thence 
following the United States of America/Mexico Maritime Boundary Line to 
Point 4: 25[deg]57'24.2'' N 097[deg]8'49'' W, thence following the 
coast to Point 1. Safety Zone B consists of all navigable waters of 
South Bay, from the surface to bottom, encompassed by a line connecting 
the following points beginning at Point 5: 26[deg]2'45'' N 
097[deg]11'6.3'' W, thence to Point 6: 26[deg]2'45'' N 
097[deg]10'53.4'' W, thence following the coastline to Point 5. These 
coordinates are based on World Geodetic System (WGS) 84.
    (b) Enforcement period. This section will be subject to enforcement 
from 6 a.m. to noon on each day, from March 14, 2024, through March 26, 
2024.
    (c) Regulations. (1) In accordance with the general regulations in 
Sec.  165.23 of this part, entry into these temporary safety zones are 
prohibited unless authorized by the Captain of the Port Sector Corpus 
Christi (COTP) or a designated representative. They may be contacted on 
Channel 16 VHF-FM (156.8 MHz) or by telephone at 361-939-0450.
    (2) If permission is granted, all persons and vessels shall comply 
with the instructions of the COTP or designated representative.
    (d) Information broadcasts. The COTP or a designated representative 
will inform the public of the enforcement times and date for this 
safety zone through Broadcast Notices to Mariners, Local Notices to 
Mariners, and/or Safety Marine Information Broadcasts as appropriate.

    Dated: March 6, 2024.
Jason Gunning,
Captain, U.S. Coast Guard, Captain of the Port, Sector Corpus Christi.
[FR Doc. 2024-05205 Filed 3-11-24; 8:45 am]
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