[Federal Register Volume 83, Number 238 (Wednesday, December 12, 2018)]
[Rules and Regulations]
[Pages 63804-63806]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-26860]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2018-1081]
RIN 1625-AA00
Safety Zone; Rocket Debris Control and Removal Operations,
Atlantic Ocean, Cape Canaveral, FL
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a 1000-yard temporary moving
safety zone around the Falcon 9 rocket in the Atlantic Ocean, in the
vicinity of Port Canaveral Harbor, Cape Canaveral, FL. This safety zone
is necessary to protect personnel, vessels, and the public from
potential hazards associated with the control and removal of the rocket
and any debris from navigable waters of the Atlantic Ocean. All persons
and vessels are prohibited from entering, transiting through, anchoring
in, or remaining within 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 December 12,
2018 through December 28, 2018. For purposes of enforcement, actual
notice will be used from December 5, 2018 through December 12, 2018.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2018-1081 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 Petty Officer Rory Boyle, Sector Jacksonville, Waterways
Management Division, U.S. Coast Guard; telephone (904) 714-7661, email
[email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
COTP Captain of the Port
CFR Code of Federal Regulations
DHS Department of Homeland Security
E.O Executive order
FR Federal Register
NPRM Notice of proposed rulemaking
Pub. L. Public Law
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. On December 5,
2018, the Coast Guard determined that immediate action was necessary to
protect life and property from the hazards associated with control and
removal of a Falcon 9 rocket and any associated debris located in the
Atlantic Ocean. Due to the emergent nature and increased safety risks
associated with control and removal operations for the rocket, there is
insufficient time to publish an NPRM and to receive public comments
before the rulemaking is required. The regulation is necessary to
provide for the safety of persons and vessels within a 1000-yard radius
of the Falcon 9 rocket. For those reasons, it would be impracticable to
publish an NPRM.
For the reasons discussed above, 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.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 33 U.S.C.
1231. The Captain of the Port Jacksonville (COTP) has determined that
potential hazards associated with control and removal operations for
the Falcon 9 rocket will be a safety concern for persons and vessels
within a 1000-yard radius of the rocket. The purpose of this rule is to
protect personnel, vessels, and the marine environment in the navigable
waters within the safety zone during control and removal operations
associated with the Falcon 9 rocket.
IV. Discussion of the Rule
This rule establishes a safety zone that will encompass all
navigable waters of the Atlantic Ocean within a 1000-yard radius of a
Falcon 9 rocket located at position 28[deg]24.3 N 080[deg]30.8 W, in
the vicinity of Port Canaveral Harbor, Cape Canaveral, Florida. The
safety zone will be enforced during control, movement, and removal
operations associated with the Falcon 9 rocket from 7 p.m. on December
5, 2018 until 11:59 p.m. on December 28, 2018, unless sooner terminated
by the COTP Jacksonville upon completion of the removal operations. The
duration of the safety zone is intended to ensure the safety of
persons, vessels, and the marine environment from potential hazards
associated with rocket and debris movement control and removal
operations. These operations include the use of towing vessels, divers
and support vessels. There will be occasions during the operations when
there will be divers in the water and the waterway will be obstructed
by the associated vessels and equipment. No vessel or person will be
permitted to enter, transit through, anchor in, or remain within the
safety zone unless authorized by the COTP Jacksonville or designated
representative. If authorization to enter, transit through, anchor in,
or remain within the safety zone granted by the COTP Jacksonville or a
designated representative, all persons and vessels receiving such
authorization must transit at a minimum safe speed and must comply with
the orders of the COTP Jacksonville or designated representative. The
Coast Guard will provide notice and status of the safety zone by
Broadcast Notice to Mariners or on-scene designated representatives.
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
[[Page 63805]]
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 size,
location, duration, and time-of-day. Although persons and vessels may
not enter, transit through, anchor in, or remain within the safety zone
without authorization from the COTP Jacksonville or a designated
representative, vessel traffic will be able to safely operate in the
surrounding area during the enforcement. Additionally, any persons or
vessels may request authorization to enter, transit through, anchor in,
or remain with the safety zone from the COTP Jacksonville or a
designated representative. Moreover, the Coast Guard will provide
notice of the safety zone to the local maritime community by Broadcast
Notice to Mariners via VHF-FM marine channel 16 about 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'' comprised of small businesses and
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 would 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
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 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
Management Directive 023-01 and Commandant Instruction M16475.lD, 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 that will prohibit entry within navigable
waters outlined in the Discussion of the Rule above. This rule is
categorically excluded from further review under paragraph L60(a) of
Appendix A, Table 1 of the DHS Instruction Manual 023-01-001-01, Rev.
01.
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: 33 U.S.C. 1231; 50 U.S.C. 191, 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.T07-1081 to read as follows:
Sec. 165.T07-1081 Safety Zone; Rocket Debris Control and Removal
Operations, Atlantic Ocean, Cape Canaveral, FL.
(a) Regulated area. The following regulated area is a moving safety
zone: All waters of the Atlantic Ocean within a 1,000-yard radius
around the Falcon 9 rocket and associated debris. The safety zone will
start east of Port Canaveral Harbor, Cape Canaveral, Florida, in
approximate position 28[deg]24.3 N 080[deg]30.8 W and transit with the
rocket in the vicinity of Port Canaveral Harbor, Cape Canaveral, FL.
(b) Definition. The term ``designated representative'' means Coast
Guard Patrol Commanders, including Coast Guard coxswains, petty
officers, and other officers operating Coast Guard
[[Page 63806]]
vessels, and Federal, state, and local officers designated by or
assisting the Captain of the Port Jacksonville in the enforcement of
the regulated area.
(c) Regulations. (1) All persons and vessels are prohibited from
entering, transiting through, anchoring in, or remaining within the
regulated area unless authorized by the Captain of the Port
Jacksonville or a designated representative.
(2) Persons and vessels desiring to enter, transit through, anchor
in, or remain within the regulated area may contact the Captain of the
Port Jacksonville by telephone at (904) 714-7557, or a designated
representative via VHF-FM radio channel 16, to request authorization.
If authorization is granted by the Captain of the Port Jacksonville or
a designated representative, all persons and vessels receiving such
authorization must comply with the instructions of the Captain of the
Port Jacksonville or a designated representative.
(3) The Coast Guard will issue notice of the safety zone to the
local maritime community via Broadcast Notice to Mariners via VHF-FM
marine channel 16 or by on-scene designated representatives.
(d) Enforcement. This section will be enforced from 7:00 p.m. on
December 5, 2018 until 11:59 p.m. on December 28, 2018, unless sooner
terminated by the Captain of the Port Jacksonville upon completion of
rocket and debris control and removal operations.
Dated: December 6, 2018.
T.C. Wiemers,
Captain, U.S. Coast Guard, Captain of the Port Jacksonville.
[FR Doc. 2018-26860 Filed 12-11-18; 8:45 am]
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