[Federal Register Volume 89, Number 143 (Thursday, July 25, 2024)]
[Rules and Regulations]
[Pages 60303-60305]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-16288]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2024-0644]
RIN 1625-AA00


Safety Zone; Banana River, and Parts of Atlantic Ocean, 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 moving safety zone 
around the National Aeronautics and Space Administration (NASA) barge 
PEGASUS and attached towing vessel while engaged in towing in the 
navigable waters of Sector Jacksonville Captain of the Port Zone, to 
encompass parts of the Atlantic Ocean, through the Canaveral Locks to 
the Banana River ending at the Kennedy Space Center turning basin. The 
temporary moving safety zone is necessary to protect persons, vessels, 
and the marine environment from potential hazards associated with the 
planned transit of the NASA barge PEGASUS and cargo within these 
navigable waters. No vessel or person will be permitted to enter 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 July 25, 2024, 
through August 30, 2024. For the purposes of enforcement, actual notice 
will be used from July 20, 2024, until July 25, 2024.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2024-0644 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 about this rule, 
call or email Marine Science Technician Second Class Matthew Woods, 
Waterways Management Division, U.S. Coast Guard; telephone 904-714-
7661, email [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

AOR Area of Responsibility
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NASA National Aeronautics and Space Administration
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 it is impracticable. Details of the 
event which begins on July 20, 2024, were not made available until June 
26, 2024. The Coast Guard was not notified with ample time to allow for 
public comment. Timely action is needed to respond to the potential 
safety hazards associated with the transit of the National Aeronautics 
and Space Administration (NASA) barge PEGASUS. It would be 
impracticable and contrary to the public interest to publish a NPRM 
because we must establish the safety zone by July 20,

[[Page 60304]]

2024, to ensure the protection of the safety of personnel, vessels, and 
waterway users during the NASA barge transit.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this temporary interim rule effective less than 30 
days after publication in the Federal Register. Delaying the effective 
date of this temporary interim rule would be contrary to the rule's 
objectives of ensuring the protection of vessels and waterway users in 
during the transit of the NASA barge.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this temporary rule under authority in 
46 U.S.C. 70034. The Captain of the Port Sector (COTP) Jacksonville has 
determined that potential hazards associated with the transit of the 
NASA barge PEGASUS. The rule is needed to protect persons, vessels, and 
the marine environment in the navigable waters within the safety zone 
while the barge PEGASUS and attached towing vessel are transiting the 
navigable waters of Sector Jacksonville Captain of the Port Zone, to 
encompass parts of the Atlantic Ocean, through the Canaveral Locks to 
the Banana River ending at the Kennedy Space Center turning basin.

IV. Discussion of the Rule

    This rule establishes a temporary moving safety zone from 12:01 
a.m. July 20, 2024, through August 30, 2024. The temporary moving 
safety zone will cover all navigable waters within a 100-yard radius 
around the NASA barge PEGASUS and attached towing vessel while engaged 
in towing while transiting the Sector Jacksonville Captain of the Port 
Zone, to encompass parts of from the Atlantic Ocean, through the 
Canaveral Locks to the Banana River ending at the Kennedy Space Center 
turning basin. The temporary moving safety zone is necessary to protect 
persons, vessels, and the marine environment in these navigable waters 
while the PEGASUS barge and cargo are towed.
    The anticipated date of the transit may necessitate change due to 
inclement weather, waterway conditions, infrastructure issues, or other 
marine services. The Captain of the Port (COTP) Jacksonville will 
notify mariners of the change in enforcement period via a Marine Safety 
Information Bulletin, Local Notice to Mariners, or Broadcast Notice to 
Mariners.
    No vessel or person will be permitted to enter the moving safety 
zone without obtaining permission from the COTP Jacksonville 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 section 3(f) of Executive Order 12866, as 
amended by Executive Order 14094 (Modernizing Regulatory Review). 
Accordingly, the NPRM 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 zone. Vessel traffic will be able 
to safely transit around this safety zone which would impact a small, 
designated area of the Banana River, near Port Canaveral, FL, for 
approximately 4 hours. The safety zone will be enforced in a manner 
that minimizes conflict with transiting commercial and recreational 
traffic. Moreover, vessels may transit through the safety zone with the 
permission of the COTP or make satisfactory passing arrangements with 
the Master of the towing vessel towing the NASA barge PEGASUS, that may 
be used in accordance with this rule and the Rules of the Road (33 CFR 
subchapter E). The Coast Guard will notify the mariners of the change 
in enforcement period via a Marine Safety Information Bulletin, Local 
Notice to Mariners, or Broadcast Notice to Mariners.

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

[[Page 60305]]

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 
moving safety zone that prohibits persons or vessels from entering, 
transiting through, anchoring in, or transiting within a 100-yard 
radius from the NASA barge PEGASUS and the towing vessel while in 
transit to the Kennedy Space Center dock. 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, Waterway.

    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.T07-0736 to read as follows:


Sec.  165.T07-0736  Safety Zone; Port Canaveral Barge Canal, Banna 
River and Atlantic Ocean, Sector Jacksonville.

    (a) Location. The following area is a moving safety zone: All 
navigable waters within a 100-yard radius from the NASA barge PEGASUS 
towing configuration as it transits through the Sector Jacksonville 
Captain of the Port Zone, to encompass parts of the Atlantic Ocean near 
Port Canaveral, FL, and Banana River until it reaches the Kennedy Space 
Center dock.
    (b) Definitions. As used in this section, designated representative 
is a commissioned, warrant, or petty officer of the U.S. Coast Guard 
assigned to units under the operational control of the Captain of the 
Port (COTP) Jacksonville.
    (c) Regulations. (1) No person or vessel will be permitted to 
enter, transit, anchor, or remain within the moving safety zone unless 
authorized by the COTP Jacksonville or a designated representative. If 
authorization is granted, persons and/or vessels receiving such 
authorization must comply with the instructions of the COTP 
Jacksonville or designated representative.
    (2) Persons who must notify or request authorization from the COTP 
Jacksonville may do so by Marine Band Radio VHF-FM channel 16 (156.8 
MHz).
    (d) Enforcement period. This section will be enforced from 12:01 
a.m. on July 20, 2024, through 11:59 p.m. on August 30, 2024. The 
moving safety zone will be enforced while the NASA PEGASUS barge is 
being towed and until it is moored at the Kennedy Space Center. Should 
enforcement times be delayed by weather or other unforeseen 
circumstances, the Coast Guard will inform mariners of the change in 
enforcement period via a Marine Safety Information Bulletin, Local 
Notice to Mariners, or Broadcast Notice to Mariners.

    Dated: July 19, 2024.
J.D. Espino-Young,
Captain, U.S. Coast Guard, Captain of the Port, Sector Jacksonville.
[FR Doc. 2024-16288 Filed 7-24-24; 8:45 am]
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