Rule2024-16288
Safety Zone; Banana River, and Parts of Atlantic Ocean, FL
Primary source
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Published
July 25, 2024
Effective
July 25, 2024
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
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.
Full Text
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<title>Federal Register, Volume 89 Issue 143 (Thursday, July 25, 2024)</title>
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[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>, 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 <a href="/cdn-cgi/l/email-protection#aae7cbdedec2cfdd84eb84fdc5c5ced9eadfd9c9cd84c7c3c6"><span class="__cf_email__" data-cfemail="f1bc908585999486dfb0dfa69e9e9582b184829296df9c989d">[email protected]</span></a>.
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]
BILLING CODE 9110-04-P
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</html>Indexed from Federal Register on July 25, 2024.
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