Rule2024-27454
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
November 22, 2024
Effective
November 22, 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 of the first. 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
<html>
<head>
<title>Federal Register, Volume 89 Issue 226 (Friday, November 22, 2024)</title>
</head>
<body><pre>
[Federal Register Volume 89, Number 226 (Friday, November 22, 2024)]
[Rules and Regulations]
[Pages 92571-92573]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-27454]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2024-1021]
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.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing two temporary safety zones to
protect personnel, vessels, and the marine environment from potential
[[Page 92572]]
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 of the
first. 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 without actual notice from November 22,
2024, through November 25, 2024. For the purposes of enforcement,
actual notice will be used from November 18, 2024, until November 22,
2024. It is subject to enforcement from 2 p.m. to 6 p.m. each day from
November 18, 2024, through November 22, 2024, and November 25, 2024,
and from 11 a.m. to 3 p.m. each day from November 23, 2024, through
November 24, 2025.
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-
2024-1021 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 Timothy Cardenas, Sector Corpus Christi
Waterways Management Division, U.S. Coast Guard; telephone 361-939-
5130, email <a href="/cdn-cgi/l/email-protection#80d4e9edeff4e8f9aecaaec3e1f2e4e5eee1f3c0f5f3e3e7aeede9ec"><span class="__cf_email__" data-cfemail="6d390400021905144327432e0c1f0908030c1e2d181e0e0a43000401">[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 under the authority
in 5 U.S.C. 553(b)(B). This statutory 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.'' 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. We must establish this safety zone promptly to protect
personnel, vessels, and the marine environment from potential hazards
created by the possibility of being hit by free falling debris,
descending vehicles or vehicle components, and we lack sufficient time
to provide a reasonable comment period and then consider those comments
before issuing the rule.
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. Delaying the effective date of
this rule would be contrary to the public interest because there are
fewer than 30 days left before launch is to occur, and publication of
this rule is needed to respond to the potential safety hazards
associated with the launch of spacecraft over the waters of the Gulf of
Mexico.
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 the chance of being hit by free
falling debris, descending vehicles or vehicle components.
IV. Discussion of the Rule
This rule is subject to enforcement from 2 p.m. to 6 p.m. each day
from November 18, 2024, through November 22, 2024, and November 25,
2024, and from 11 a.m. to 3 p.m. each day from November 23, 2024,
through November 24, 2025. 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 and Safety Marine Information Broadcasts.
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 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 an
area of the South Bay, TX, approximately 4.5 square miles in size, and
an area of the Gulf of Mexico, offshore of Boca Chica Beach, TX,
approximately 115 square miles in size. The temporary safety zones will
be subject to enforcement for a period of 4 hours a day, from 2 p.m. to
6 p.m. each day from November 18, 2024, through November 22, 2024, and
November 25, 2024, and from 11 a.m. to 3 p.m. each day from November
23, 2024, through November 24, 2025. 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
[[Page 92573]]
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. A Record of
Environmental Consideration is available for viewing in the docket. For
instructions on how to locate it, see the ADDRESSES section above.
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.T08-1021 to read as follows:
Sec. 165.T08-1021 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 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]7'10'' W, thence to Point 3:
26[deg]7'0'' N 097[deg]57'0'' W, thence to Point 4: 26[deg]6'54'' N
096[deg]55'46'' 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 5:
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 6: 26[deg]2'45'' N 097[deg]11'6.3''
W, thence to Point 7: 26[deg]2'45'' N 097[deg]10'53.4'' W, thence
following the coastline to Point 6. These coordinates are based on
World Geodetic System (WGS) 84.
(b) Enforcement period. This section will be subject to enforcement
from 2 p.m. to 6 p.m. each day from November 18, 2024, through November
22, 2024, and November 25, 2024, and from 11 a.m. to 3 p.m. each day
from November 23, 2024, through November 24, 2025.
(c) Regulations. (1) In accordance with the general regulations in
Sec. 165.23, entry into the temporary safety zones is 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 the safety
zone through Broadcast Notices to Mariners and Safety Marine
Information Broadcasts.
Dated: November 17, 2024.
T.H. Bertheau,
Captain, U.S. Coast Guard, Captain of the Port, Sector Corpus Christi.
[FR Doc. 2024-27454 Filed 11-20-24; 8:45 am]
BILLING CODE 9110-04-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on November 22, 2024.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.