Rule2024-05205
Safety Zone; Gulf of Mexico and South Bay, Boca Chica Beach, TX
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
March 12, 2024
Effective
March 14, 2024
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
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.
Full Text
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<title>Federal Register, Volume 89 Issue 49 (Tuesday, March 12, 2024)</title>
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[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>, 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 <a href="/cdn-cgi/l/email-protection#a1e0cfd5c9cecfd88fec8fe6c0d3cec7c0cdcee1d4d2c2c68fccc8cd"><span class="__cf_email__" data-cfemail="acedc2d8c4c3c2d582e182ebcddec3cacdc0c3ecd9dfcfcb82c1c5c0">[email protected]</span></a>.
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]
BILLING CODE 9110-04-P
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