[Federal Register: April 1, 2009 (Volume 74, Number 61)]
[Rules and Regulations]
[Page 14726-14729]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01ap09-8]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2008-0411]
RIN 1625-AA00
Safety Zone; Captain of the Port Zone Jacksonville; Offshore Cape
Canaveral, FL
AGENCY: Coast Guard, DHS.
ACTION: Final Rule.
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SUMMARY: The Coast Guard is establishing four safety zones to protect
infrastructure and marine traffic from the hazards associated with
recurring space vehicle launches from Cape Canaveral Air Force Station
(CCAFS). The safety zones extend from the shoreline to points
approximately 12 nautical miles offshore and will only be activated and
enforced during pre-launch hours and terminate approximately 15 minutes
after a successful launch. In addition to protecting marine traffic
from the hazards associated with the launching of space vehicles, the
regulation will expedite notification to the public of such launches
and also reduce the administrative workload of the Coast Guard.
DATES: This rule is effective May 1, 2009.
ADDRESSES: Comments and material received from the public, as well as
[[Page 14727]]
documents mentioned in this preamble as being available in the docket,
are part of docket USCG-2008-0411 and are available online by going to
http://www.regulations.gov, selecting the Advanced Docket Search option
on the right side of the screen, inserting USCG-2008-0411 in the Docket
ID box, pressing Enter, and then clicking on the item in the Docket ID
column. This material is also available for inspection or copying at
two locations: The Docket Management Facility (M-30), U.S. Department
of Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays and the Coast Guard
Sector Jacksonville Prevention Department, 4200 Ocean Street, Atlantic
Beach, Florida 32233, between 8 a.m. and 4 p.m., Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call LCDR Mark Gibbs at Coast Guard Sector Jacksonville Prevention
Department (904) 564-7563. If you have questions on viewing docket,
call Renee V. Wright, Program Manager, Docket Operations, telephone
(202) 366-9826.
SUPPLEMENTARY INFORMATION:
Regulatory Information
On August 18, 2008, we published a notice of proposed rulemaking
(NPRM) entitled Safety Zone; Captain of the Port Zone Jacksonville;
Offshore Cape Canaveral, FL in the Federal Register (73 FR 160). We
received 0 letters commenting on the rule. No public meeting was
requested, and none was held.
Background and Purpose
Space vehicle launches from CCAFS occur throughout the year and
have a decided impact on the waters offshore Cape Canaveral. These
waters are located within the boundaries of Seventh Coast Guard
District, Captain of the Port (COTP) Zone Jacksonville, as defined by
CFR 3.35-20. Currently, CCAFS launches 12 to 15 vehicles per year. For
each launch, the Coast Guard activates and enforces the security zone
in 33 CFR 165.701. The offshore portion of that security zone extends
three miles from the baseline. However, to ensure the safety of all
maritime interests, CCAFS has requested an additional safety buffer be
added to an extent reaching 12 nautical miles offshore, the maximum
distance from baseline for which the COTP has jurisdictional authority
to establish safety zones. Presently, for each space vehicle launch,
CCAFS requests, and the Coast Guard creates, a Temporary Final Rule
establishing a safety zone from the baseline out to 12 nautical miles.
This temporary safety zone covers an area of the Atlantic Ocean that
commences at the shoreline and extends 3 miles either side of the
launch azimuth bearing out to 12 nautical miles. Administrative
efficiency and can be achieved while improving public notice through
the promulgation of a final rule and subsequent enforcement notice
rather than through promulgation of individual temporary final rules
for each launch. In 2007, the Coast Guard issued 12 temporary
regulations. In addition to the administrative burden, the repeated
temporary rules have caused confusion among maritime interests who must
adjust plans and operations to each new and different temporary zone.
This problem will worsen in the near future as CCAFS pursues more
robust launch schedules.
Furthermore, the unpredictability of weather causes a significant
proportion of launches to be delayed. Any delay precludes suitable
notification to the public on the effective date and time safety zones
are enacted and enforced. The Coast Guard must therefore create
temporary final rules that sometimes are not completed until days or
hours before the event. This Final Rule coupled with notice will serve
the public interest by ensuring the safety of maritime interests at
risk during a launch.
This rule will significantly relieve the administrative burden on
the Coast Guard, and at the same time allow the Coast Guard to notify
the public of launch area restrictions in a timely manner. The public
notification of launch date and time along with a description of the
regulated zone will be furnished via Broadcast Notice to Mariners,
Public Notices, and on-scene Patrol Commanders. In addition, the
closing of the area will be signified by the display of a yellow ball
from a 90-foot pole near the shoreline at approximately 28[deg]35'00''
N, 080[deg]34'36'' W, and from a 90-foot pole near the shoreline at
approximately 28[deg]25'18'' N, 080[deg]35'00'' W.
Discussion of Comments and Changes
On August 18, 2008 the Coast Guard published a notice of proposed
rulemaking (NPRM) that proposed establishment of four safety zones to
protect infrastructure and marine traffic from the hazards associated
with recurring space vehicle launches from Cape Canaveral Air Force
Station. No comments were received in response to the NPRM, however the
COTP has incorporated the following changes to notify the public the
safety zone has been activated.
The closing of the area will be signified by the display of a
yellow ball from a 90-foot pole near the shoreline at approximately
28[deg]35'00'' N, 080[deg]34'36'' W, and from a 90-foot pole near the
shoreline at approximately 28[deg]25'18'' N, 080[deg]35'00'' W.
Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analysis
based on 13 of these statutes or executive orders.
Regulatory Planning and Review
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, and does not
require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order.
We expect the economic impact of this rule to be so minimal that a
full Regulatory Evaluation is unnecessary. Safety zones will be enacted
45 minutes prior to launch time and only extend 15 minutes beyond a
successful launch. During this time, no vessel will be permitted to
transit through the safety zone(s).
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. 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
would not have a significant economic impact on a substantial number of
small entities. Total time of safety zone activation and thus
restriction to the public is expected to be one hour per launch. We do
not anticipate any significant economic impact resulting from
activation of the safety zone(s).
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), in the NPRM we offered to
assist small entities in understanding the rule so
[[Page 14728]]
that they could better evaluate its effects on them and participate in
the rulemaking process.
Collection of Information
This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.
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 or more in any
one year. Though this rule would not result in such an expenditure, we
do discuss the effects of this rule elsewhere in this preamble.
Taking of Private Property
This rule will not effect a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and would not create an
environmental risk to health or risk to safety that may
disproportionately affect children.
Indian Tribal Governments
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.
Energy Effects
We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 5100.1 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
under the Instruction that there are no factors in this case that would
limit the use of a categorical exclusion under section 2.B.2 of the
Instruction. Therefore, this rule is categorically excluded, under
figure 2-1, paragraph (34)(g), of the Instruction, from further
environmental documentation.
An environmental analysis checklist and a categorical exclusion
determination are available in the docket where indicated under
ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
0
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. 1226, 1231; 46 U.S.C. Chapter 701, 3306,
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Pub.
L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.
0
2. Add section 165.775 to read as follows:
Sec. 165.775 Safety Zone; Captain of the Port Zone Jacksonville;
Offshore Cape Canaveral, Florida.
(a) Regulated Area. (1) Zone (A) is defined by four latitude and
longitude corner points. Zone A originates from the baseline at
position 28[deg]45.7' N, 080[deg]42.7' W; then proceeds northeast to
28[deg]50.1' N, 080[deg]29.9' W; then proceeds southeast to
28[deg]31.3' N, 080[deg]19.6' W; then proceeds west back to the
baseline at position 28[deg]31.3' N, 080[deg]33.4' W.
(2) Zone (B) is defined by four latitude and longitude corner
points. Zone B originates from the baseline at position 28[deg]40.1' N,
080[deg]38.4' W; then proceeds northeast to 28[deg]48.8' N,
080[deg]28.9' W; then proceeds southeast to 28[deg]29.7' N,
080[deg]18.9' W; then proceeds west back to the baseline at position
28[deg]29.7' N, 080[deg]31.6' W.
(3) Zone (C) is defined by four latitude and longitude corner
points. Zone C originates from the baseline at position 28[deg]36.2' N,
080[deg]35.3' W; then proceeds northeast to 28[deg]45.6' N,
080[deg]25.2' W; then proceeds south to 28[deg]26' N, 080[deg]20.8' W;
then proceeds west back to the baseline at position 28[deg]26' N,
080[deg]34.4' W.
(4) Zone (D) is defined by four latitude and longitude corner
points. Zone D originates from the baseline at position 28[deg]31.6' N,
080[deg]34' W; then proceeds east to 28[deg]31.6' N, 080[deg]20.1' W;
then proceeds south to 28[deg]16.7' N, 080[deg]23.3' W; then proceeds
northwest back to the baseline at position 28[deg]21.6' N,
080[deg]36.1' W.
(b) Definitions. The following definitions apply to this section:
Designated representative means Coast Guard Patrol Commanders
[[Page 14729]]
including Coast Guard coxswains, petty officers and other officers
operating Coast Guard vessels, and federal, state, and local officers
designated by or assisting the Captain of the Port (COTP) Jacksonville
in the enforcement of regulated navigation areas, safety zones, and
security zones.
(c) Regulations. In accordance with the general regulations in
Sec. 165.23 of this part, anchoring, mooring or transiting in this
zone is prohibited unless authorized by the Coast Guard Captain of the
Port Jacksonville or his designated representative.
(d) Notice of a Safety Zone. The proposed safety zones are
temporary in nature and will only be enacted and enforced prior to, and
just after a successful launch. The COTP will inform the public of the
existence or status of the safety zone(s) by Broadcast Notice to
Mariners on VHF-FM channel 16, Public Notice, on-scene presence, and by
the display of a yellow ball from a 90-foot pole near the shoreline at
approximately 28[deg]35'00'' N, 080[deg]34'36'' W, and from a 90-foot
pole near the shoreline at approximately 28[deg]25'18'' N,
080[deg]35'00'' W. Coast Guard assets or other Federal, State, or local
law enforcement assets will be clearly identified by lights, markings,
or with agency insignia.
(e) Contact Information. The COTP Jacksonville may be reached by
telephone at (904) 564-7513. Any on-scene Coast Guard or designated
representative assets may be reached on VHF-FM channel 16.
Dated: November 26, 2008.
Paul F. Thomas,
Captain, U.S. Coast Guard, Captain of the Port Jacksonville.
Editorial Note: This document was received in the Office of the
Federal Register on Friday, March 27, 2009.
[FR Doc. E9-7259 Filed 3-31-09; 8:45 am]
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