Regulated Navigation Area; Offshore, Cape Canaveral, Florida, 51845-51848 [2021-20105]
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Federal Register / Vol. 86, No. 178 / Friday, September 17, 2021 / Proposed Rules
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when a natural gas pipeline files for a
change in rates or charges.
Issued: September 8, 2021.
Debbie-Anne A. Reese,
Deputy Secretary.
Comments due 5:00 p.m. Eastern
time on September 29, 2021.
[FR Doc. 2021–19771 Filed 9–16–21; 8:45 am]
DATES:
The Commission strongly
encourages electronic filings of
comments in lieu of paper using the
‘‘eFile’’ link at https://www.ferc.gov. In
lieu of electronic filing, you may submit
a paper copy. Submissions sent via the
U.S. Postal Service must be addressed
to: Kimberly D. Bose, Secretary, Federal
Energy Regulatory Commission, 888
First Street NE, Room 1A, Washington,
DC 20426. Submissions sent via any
other carrier must be addressed to:
Kimberly D. Bose, Secretary, Federal
Energy Regulatory Commission, 12225
Wilkins Avenue, Rockville, Maryland
20852.
I. Table of Abbreviations
BILLING CODE 6717–01–P
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Jeffrey Sherman, Office of the General
Counsel, Federal Energy Regulatory
Commission, 888 First Street NE,
Washington, DC 20426, (202) 502–8633,
Jeffrey.Sherman@ferc.gov.
Any
person desiring to intervene or to
protest this filing must file in
accordance with Rules 211 and 214 of
the Commission’s Rules of Practice and
Procedure (18 CFR 385.211, 385.214).
Protests will be considered by the
Commission in determining the
appropriate action to be taken, but will
not serve to make protestants parties to
the proceeding. Any person wishing to
become a party must file a notice of
intervention or motion to intervene, as
appropriate. Such notices, motions, or
protests must be filed on or before the
comment date. Anyone filing a motion
to intervene or protest must serve a copy
of that document on Petitioners. In
addition to publishing the full text of
this document in the Federal Register,
the Commission provides all interested
persons an opportunity to view and/or
print the contents of this document via
the internet through the Commission’s
Home Page (https://www.ferc.gov) using
the ‘‘eLibrary’’ link. Enter the docket
number excluding the last three digits in
the docket number field to access the
document. At this time, the Commission
has suspended access to Commission’s
Public Reference Room, due to the
proclamation declaring a National
Emergency concerning the Novel
Coronavirus Disease (COVID–19), issued
by the President on March 13, 2020. For
assistance, contact FERC at
FERCOnlineSupport@ferc.gov or call
toll-free, (886) 208–3676 or TYY, (202)
502–8659.
SUPPLEMENTARY INFORMATION:
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DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2021–0661]
RIN 1625–AA11
Regulated Navigation Area; Offshore,
Cape Canaveral, Florida
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard is proposing
to replace the existing safety zone in
Captain of the Port Zone Jacksonville,
Offshore Cape Canaveral, Florida with a
regulated navigation area (RNA). The
existing safety zone is composed of four
large regulated areas and was
established in 2009 with the intent of
protecting vessels from risks posed from
rockets launching from facilities on
Cape Canaveral. Changes in the type
and size of launch vehicles, rocket
component recovery methods, and the
increased frequency of launches pose
variable risks to marine traffic and
require a more flexible regulatory tool.
The proposed RNA would encompass
all waters within typical rocket flight
trajectories originating from launch
complexes on and around Cape
Canaveral, FL and out to 12 nautical
miles. We invite your comments on this
proposed rulemaking.
DATES: Comments and related material
must be received by the Coast Guard on
or before October 18, 2021.
ADDRESSES: You may submit comments
identified by docket number USCG–
2021–0661 using the Federal Decision
Making Portal at https://
www.regulations.gov. See the ‘‘Public
Participation and Request for
Comments’’ portion of the
SUPPLEMENTARY INFORMATION section for
further instructions on submitting
comments.
SUMMARY:
If
you have questions about this proposed
rulemaking, call or email Mr. A. Eugene
Stratton, Seventh District, Waterways
Management Branch (DPW), U.S. Coast
Guard; telephone 305–415–6750, email
a.eugene.stratton@uscg.mil.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
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51845
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
II. Background, Purpose, and Legal
Basis
The Coast Guard is proposing to
replace the existing safety zone in 33
CFR 165.775 titled ‘‘Safety Zone;
Captain of the Port Zone Jacksonville;
Offshore Cape Canaveral, Florida’’ with
a regulated navigation area (RNA). The
existing safety zone is composed of four
large regulated areas and was
established in 2009 with the intent of
protecting marine traffic from the
hazards associated with the launching
of space vehicles, to expedite
notification to the public, and to reduce
the administrative workload of the Coast
Guard. Changes in the type and size of
launch vehicles, rocket component
recovery methods, and the increased
frequency of launches pose variable
risks to marine traffic and require a
more flexible regulatory tool. The
proposed RNA would encompass all
waters within typical rocket flight
trajectories originating from launch
complexes on and around Cape
Canaveral, FL and out to 12 nautical
miles. We invite your comments on this
proposed rulemaking.
The Coast Guard proposes this
rulemaking under authority in 46 U.S.C.
70034, 70051; 33 CFR 1.05–1, 6.04–1,
6.04–6, and 160.5, and Department of
Homeland Security Delegation No.
00170.1, Revision No. 01.2.
III. Discussion of Proposed Rule
The Seventh Coast Guard District
Commander is proposing to replace the
existing Offshore Cape Canaveral Safety
Zone in 33 CFR 165.775, with a RNA.
Prior to the safety zone that was
established in 2009, the Captain of the
Port (COTP) Jacksonville issued
temporary federal regulations for each
rocket launch from Cape Canaveral Air
Force Station, now called Cape
Canaveral Space Force Station. At the
time, 12–15 launches a year was typical.
The four ‘‘zones’’ were based on
historical and projected launch azimuth
data and designed in collaboration with
the U.S. Air Force, 45th Space Wing
Range Operations and Safety
Departments and U.S. Coast Guard
Space Transportation Systems program
office in Port Canaveral, FL.
Contemporary flight analyses models
and risk assessments are more advanced
and require a far smaller hazard area for
typical launches than the four ‘‘zones’’
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Federal Register / Vol. 86, No. 178 / Friday, September 17, 2021 / Proposed Rules
established in the Offshore Cape
Canaveral Safety Zone of 2009. For most
launches originating from Cape
Canaveral, the existing safety zones are
far too large and enforcement of them
may unnecessarily restrict vessel traffic.
Rocket launch activity has doubled
since 2009. In 2020 the 45th Space Wing
(now designated as Space Launch Delta
45 under the U.S. Space Force)
launched 39 missions which required
20 activations of the 2009 safety zone.
The type, configuration, and mission
profile of contemporary governmental
and commercial rockets adds additional
variability to risk assessments and
requires a more adaptable regulatory
tool.
A Safety Zone, as defined in 33 CFR
165.20, is intended to limit access to a
hazardous area to authorized persons,
vehicles, or vessels. Given the rapidly
changing nature of space launch
operations in the area, an RNA, as
defined in 33 CFR 165.11, which allows
the control of vessel traffic with more
flexibility and expediency, is the more
appropriate regulatory tool.
This RNA is not meant to replace,
alter, or conflict with Coast Guard
security zones as described in 33 CFR
165.701, Vicinity, Kennedy Space
Center, Merritt Island, FL; or 33 CFR
165.705, Port Canaveral Harbor, Cape
Canaveral Air Force Station, FL. The
regulatory text we are proposing appears
at the end of this document.
We propose the following area to be
a RNA: All waters offshore Cape
Canaveral from surface to bottom,
encompassed by a line connecting the
following points beginning with Point 1
at 28°48′54″ N, 80°28′40″ W; thence
southwest to Point 2 at 28°43′20″ N,
80°41′ W; thence south along the
shoreline to Point 3 at 28°26′40″ N,
80°32′49″ W; thence continuing south
offshore to Point 4 at 28°10′ N,
80°23′20″ W; thence east Point 5 at
28°10′ N, 80°21′13″ W; thence north
along the 12 nautical mile line back to
Point 1. Coordinates are in WGS 1984.
These coordinates are based on the
furthest north and south trajectories of
typical rocket launch vehicles
originating from Cape Canaveral. In
addition, there are five typical launch
exclusion areas that cover the majority
of rocket launches. We list the
coordinates and locations of the five
typical launch exclusion areas in the
regulatory text.
When the RNA is deemed activated,
the COTP or a designated representive
would be able to restrict vessel
movement including but not limited to
transiting, anchoring, or mooring within
this RNA to protect vessels from hazards
associated with rocket launches. These
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restrictions are temporary in nature and
would only be enacted and enforced
prior to and just after a successful
launch. The COTP would be able to
activate any single area, a combination
of areas, or establish ad hoc areas within
the RNA boundary area as warranted by
the specific risks posed by individual
launches.
The COTP would inform the public of
the activation or status of the RNA by
Broadcast Notice to Mariners on VHF–
FM channel 16, Public Notice of
Enforcement, on-scene presence, and by
the display of a yellow ball from a 90foot pole near the shoreline.
IV. Regulatory Analyses
We developed this proposed 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 NPRM has not been designated a
‘‘significant regulatory action,’’ under
Executive Order 12866. Accordingly,
the NPRM has not been reviewed by the
Office of Management and Budget
(OMB).
The RNA will operate in a similar
way to the existing safety zone, but will
reduce the size of exclusionary areas for
each typical rocket launch. We expect
the economic impact of this rule to be
so minimal that a full regulatory
evaluation is unnecessary. The RNA
will only be activated a reasonable time
before a launch and deactivated once
the area is no longer hazardous.
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 proposed rule would not
have a significant economic impact on
a substantial number of small entities.
The total time of the RNA activation
and thus restriction to the public is
expected to be approximately one hour
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per launch. Vessels would be able to
transit around the activated RNA
locations during these launches. We do
not anticipate any significant economic
impact resulting from activation of the
RNA.
If you think that your business,
organization, or governmental
jurisdiction qualifies as a small entity
and that this rule would have a
significant economic impact on it,
please submit a comment (see
ADDRESSES) explaining why you think it
qualifies and how and to what degree
this rule would economically affect it.
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 proposed 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. The Coast
Guard will not retaliate against small
entities that question or complain about
this proposed rule or any policy or
action of the Coast Guard.
C. Collection of Information
This proposed rule would 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 proposed 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 proposed rule does not have
tribal implications under Executive
Order 13175 (Consultation and
Coordination with Indian Tribal
Governments) because it would 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 proposed rule has
implications for federalism or Indian
tribes, please call or email the person
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listed in the FOR FURTHER INFORMATION
CONTACT section.
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
proposed rule would not result in such
an expenditure, we do discuss the
effects of this rule elsewhere in this
preamble.
F. Environment
We have analyzed this proposed 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 made a preliminary determination
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 proposed
rule involves the activation of a
regulated navigation area with
exclusionary zones smaller than the
existing safety zones. The activation of
the RNA is expected to be an hour total.
Normally such actions are categorically
excluded from further review under
paragraph L60a of Appendix A, Table 1
of DHS Instruction Manual 023–01–
001–01, Rev. 1. A preliminary 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. We
seek any comments or information that
may lead to the discovery of a
significant environmental impact from
this proposed rule.
will consider all comments and material
received during the comment period.
Your comment can help shape the
outcome of this rulemaking. If you
submit a comment, please include the
docket number for this rulemaking,
indicate the specific section of this
document to which each comment
applies, and provide a reason for each
suggestion or recommendation.
Submitting comments. We encourage
you to submit comments through the
Federal Decision Making Portal at
https://www.regulations.gov. To do so,
go to https://www.regulations.gov, type
USCG–2021–0661 in the search box and
click ‘‘Search.’’ Next, look for this
document in the Search Results column,
and click on it. Then click on the
Comment option. If you cannot submit
your material by using https://
www.regulations.gov, call or email the
person in the FOR FURTHER INFORMATION
CONTACT section of this proposed rule
for alternate instructions.
Viewing material in docket. To view
documents mentioned in this proposed
rule as being available in the docket,
find the docket as described in the
previous paragraph, and then select
‘‘Supporting & Related Material’’ in the
Document Type column. Public
comments will also be placed in our
online docket and can be viewed by
following instructions on the https://
www.regulations.gov Frequently Asked
Questions web page. We review all
comments received, but we will only
post comments that address the topic of
the proposed rule. We may choose not
to post off-topic, inappropriate, or
duplicate comments that we receive.
Personal information. We accept
anonymous comments. Comments we
post to https://www.regulations.gov will
include any personal information you
have provided. For more about privacy
and submissions to the docket in
response to this document, see DHS’s
eRulemaking System of Records notice
(85 FR 14226, March 11, 2020).
List of Subjects in 33 CFR Part 165
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.
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard proposes to
amend 33 CFR part 165 as follows:
V. Public Participation and Request for
Comments
We view public participation as
essential to effective rulemaking, and
■
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PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
Authority: 46 U.S.C. 70034, 70051; 33 CFR
1.05–1, 6.04–1, 6.04–6, and 160.5;
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51847
Department of Homeland Security Delegation
No. 00170.1, Revision No. 01.2.
■
2. Revise § 165.775 to read as follows:
§ 165.775 Regulated Navigation Area;
Launch Area Offshore Cape Canaveral, FL.
(a) Location. (1) The following area is
a regulated navigation area (RNA): All
waters offshore Cape Canaveral from
surface to bottom, encompassed by a
line connecting the following points
beginning with Point 1 at 28°48′54″ N,
80°28′40″ W; thence southwest to Point
2 at 28°43′20″ N, 80°41′ W; thence south
along the shoreline to Point 3 at
28°26′40″ N, 80°32′49″ W; thence
continuing south offshore to Point 4 at
28°10′ N, 80°23′20″ W; thence east Point
5 at 28°10′ N, 80°21′13″ W; thence north
along the 12 nautical mile line back to
Point 1. Coordinates are in WGS 1984.
These coordinates are based on the
furthest north and south trajectories of
typical rocket launch vehicles
originating from Cape Canaveral.
(2) While restrictions may be enforced
anywhere within the boundaries of the
RNA, there are five typical launch
exclusion areas that cover the majority
of rocket launches. Typical launch
hazard areas include all navigable
waters within the following coordinates,
encompassed by a line starting at Point
1 connecting the following points:
(i) Northeast Launch Hazard Area:
Point
Point
Point
Point
Point
Point
1
2
3
4
5
6
...
...
...
...
...
...
28°47′47″
28°42′18″
28°39′13″
28°32′29″
28°34′00″
28°39′43″
N
N
N
N
N
N
080°27′48″
080°34′55″
080°37′49″
080°33′53″
080°29′00″
080°21′57″
W
W
W
W
W
W
(ii) East Northeast Launch Hazard
Area:
Point
Point
Point
Point
Point
1
2
3
4
5
...
...
...
...
...
28°43′53″
28°36′10″
28°31′46″
28°34′42″
28°40′45″
N
N
N
N
N
080°24′50″
080°35′20″
080°33′40″
080°28′40″
080°22′28″
W
W
W
W
W
(iii) Large East Launch Hazard Area:
Point
Point
Point
Point
1
2
3
4
...
...
...
...
28°40′32″
28°39′14″
28°27′00″
28°27′35″
N
N
N
N
080°22′21″
080°37′48″
080°31′55″
080°17′48″
W
W
W
W
(iv) Small East Launch Hazard Area:
Point
Point
Point
Point
Point
1
2
3
4
5
...
...
...
...
...
28°38′28″
28°39′00″
28°38′00″
28°32′00″
28°31′32″
N
N
N
N
N
080°21′24″
080°31′00″
080°36′58″
080°33′45″
080°18′35″
W
W
W
W
W
(v) Southeast Launch Hazard Area:
Point 1 ...
Point 2 ...
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28°37′00″ N
28°35′48″ N
17SEP1
080°29′00″ W
080°34′59″ W
51848
Point
Point
Point
Point
3
4
5
6
...
...
...
...
Federal Register / Vol. 86, No. 178 / Friday, September 17, 2021 / Proposed Rules
28°26′40″
28°10′00″
28°10′00″
28°23′10″
N
N
N
N
080°32′49″
080°23′20″
080°21′13″
080°18′41″
W
W
W
W
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
(b) Definitions. The following
definitions apply to this section:
Designated representative means
Coast Guard Patrol Commanders
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
RNAs, safety zones, and security zones.
(c) Regulations. (1) The COTP or a
designated represented may restrict
vessel movement including but not
limited to transiting, anchoring, or
mooring within this RNA to protect
vessels from hazards associated with
rocket launches. These restrictions are
temporary in nature and will only be
enacted and enforced prior to and just
after a successful launch.
(2) The COTP may activate any single
area, a combination of areas, or establish
ad hoc areas within the RNA boundary
area as warranted by the specific risks
posed by individual launches.
(d) Notice of activation of RNA. The
COTP will inform the public of the
activation or status of the RNA by
Broadcast Notice to Mariners on VHF–
FM channel 16, Public Notice of
Enforcement, on-scene presence, and by
the display of a yellow ball from a 90foot pole near the shoreline at
approximately 28°35′00″ N, 080°34′36″
W and from a 90-foot pole near the
shoreline at approximately 28°55′18″ N,
080°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 onscene Coast Guard or designated
representative assets may be reached on
VHF–FM channel 16.
Dated: September 13, 2021.
Brendan C. McPherson,
Rear Admiral, Commander, Seventh Coast
Guard District.
[FR Doc. 2021–20105 Filed 9–16–21; 8:45 am]
BILLING CODE 9110–04–P
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[EPA–R04–OAR–2021–0354; FRL–8958–01–
R4]
Air Plan Approval; North Carolina;
Mecklenburg Air Quality Permit Rules
Revisions
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve a
State Implementation Plan (SIP)
revision to the Mecklenburg County
portion of the North Carolina SIP,
hereinafter referred to as the
Mecklenburg Local Implementation
Plan (LIP). The revision was submitted
by the State of North Carolina, through
the North Carolina Division of Air
Quality (NCDAQ), on behalf of
Mecklenburg County Air Quality
(MCAQ) via a letter dated April 24,
2020, and was received by EPA on June
19, 2020. The revision updates several
Mecklenburg County Air Pollution
Control Ordinance (MCAPCO) rules
incorporated into the LIP and adds
several rules. EPA is proposing to
approve these changes pursuant to the
Clean Air Act (CAA or Act).
DATES: Comments must be received on
or before October 18, 2021.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R04–
OAR–2021–0354 at
www.regulations.gov. Follow the online
instructions for submitting comments.
Once submitted, comments cannot be
edited or removed from Regulations.gov.
EPA may publish any comment received
to its public docket. Do not submit
electronically any information you
consider to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Multimedia submissions (audio, video,
etc.) must be accompanied by a written
comment. The written comment is
considered the official comment and
should include discussion of all points
you wish to make. EPA will generally
not consider comments or comment
contents located outside of the primary
submission (i.e., on the web, cloud, or
other file sharing system). For
additional submission methods, the full
EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
www2.epa.gov/dockets/commentingepa-dockets.
SUMMARY:
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FOR FURTHER INFORMATION CONTACT:
Evan Adams, Air Regulatory
Management Section, Air Planning and
Implementation Branch, Air and
Radiation Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth
Street SW, Atlanta, Georgia 30303–8960.
The telephone number is (404) 562–
9009. Mr. Adams can also be reached
via electronic mail at adams.evan@
epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background and Overview
The Mecklenburg County LIP was
submitted to EPA on June 14, 1990, and
EPA approved the plan on May 2, 1991.
See 56 FR 20140. Mecklenburg County
is now requesting that EPA approve
updates and additions to the LIP for,
among other things, general consistency
with the North Carolina SIP.1
Mecklenburg County prepared three
submittals in order to modify the LIP
and reflect regulatory and
administrative changes that NCDAQ has
made to the North Carolina SIP.2 The
three submittals were submitted to EPA
as follows: NCDAQ transmitted the
October 25, 2017, submittal to EPA but
withdrew it from review through a letter
dated February 15, 2019. On April 24,
2020, NCDAQ resubmitted the October
25, 2017, update to EPA and also
submitted the January 21, 2016, and
January 14, 2019, updates. Due to an
inconsistency with public notice at the
local level, these submittals were
withdrawn from EPA through a letter
dated February 15, 2019. Mecklenburg
County corrected this error, and NCDAQ
submitted the updates in a revision
dated April 24, 2020.3
II. What action is EPA proposing to
take?
The April 24, 2020, revision includes
updates to and additions of several
MCAPCO rules. The January 21, 2016,
changes from MCAQ include updates to
MCAPCO Rule 1.5214—Commencement
of Operation; and the January 14, 2019,
changes from MCAQ include updates to
MCAPCO Rules 1.5212—Applications;
1.5213—Action on Application;
Issuance of Permit; 1.5215—Application
Processing Schedule; 1.5219—Retention
of Permit at Permitted Facility; 1.5221—
1 Hereinafter, the terms ‘‘North Carolina SIP’’ and
‘‘SIP’’ refer to the North Carolina regulatory portion
of the North Carolina SIP (i.e., the portion that
contains SIP-approved North Carolina regulations).
2 The Mecklenburg County, North Carolina
revision that is dated April 24, 2020, and received
by EPA on June 19, 2020, is comprised of three
previous submittals—one dated January 21, 2016;
one dated October 25, 2017; and one dated January
14, 2019.
3 EPA notes that the April 24, 2020, submittal was
received by EPA on June 19, 2020.
E:\FR\FM\17SEP1.SGM
17SEP1
]]>Agencies
[Federal Register Volume 86, Number 178 (Friday, September 17, 2021)]
[Proposed Rules]
[Pages 51845-51848]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-20105]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2021-0661]
RIN 1625-AA11
Regulated Navigation Area; Offshore, Cape Canaveral, Florida
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is proposing to replace the existing safety
zone in Captain of the Port Zone Jacksonville, Offshore Cape Canaveral,
Florida with a regulated navigation area (RNA). The existing safety
zone is composed of four large regulated areas and was established in
2009 with the intent of protecting vessels from risks posed from
rockets launching from facilities on Cape Canaveral. Changes in the
type and size of launch vehicles, rocket component recovery methods,
and the increased frequency of launches pose variable risks to marine
traffic and require a more flexible regulatory tool. The proposed RNA
would encompass all waters within typical rocket flight trajectories
originating from launch complexes on and around Cape Canaveral, FL and
out to 12 nautical miles. We invite your comments on this proposed
rulemaking.
DATES: Comments and related material must be received by the Coast
Guard on or before October 18, 2021.
ADDRESSES: You may submit comments identified by docket number USCG-
2021-0661 using the Federal Decision Making Portal at https://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email Mr. A. Eugene Stratton, Seventh
District, Waterways Management Branch (DPW), U.S. Coast Guard;
telephone 305-415-6750, email [email protected].
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, Purpose, and Legal Basis
The Coast Guard is proposing to replace the existing safety zone in
33 CFR 165.775 titled ``Safety Zone; Captain of the Port Zone
Jacksonville; Offshore Cape Canaveral, Florida'' with a regulated
navigation area (RNA). The existing safety zone is composed of four
large regulated areas and was established in 2009 with the intent of
protecting marine traffic from the hazards associated with the
launching of space vehicles, to expedite notification to the public,
and to reduce the administrative workload of the Coast Guard. Changes
in the type and size of launch vehicles, rocket component recovery
methods, and the increased frequency of launches pose variable risks to
marine traffic and require a more flexible regulatory tool. The
proposed RNA would encompass all waters within typical rocket flight
trajectories originating from launch complexes on and around Cape
Canaveral, FL and out to 12 nautical miles. We invite your comments on
this proposed rulemaking.
The Coast Guard proposes this rulemaking under authority in 46
U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5, and
Department of Homeland Security Delegation No. 00170.1, Revision No.
01.2.
III. Discussion of Proposed Rule
The Seventh Coast Guard District Commander is proposing to replace
the existing Offshore Cape Canaveral Safety Zone in 33 CFR 165.775,
with a RNA. Prior to the safety zone that was established in 2009, the
Captain of the Port (COTP) Jacksonville issued temporary federal
regulations for each rocket launch from Cape Canaveral Air Force
Station, now called Cape Canaveral Space Force Station. At the time,
12-15 launches a year was typical. The four ``zones'' were based on
historical and projected launch azimuth data and designed in
collaboration with the U.S. Air Force, 45th Space Wing Range Operations
and Safety Departments and U.S. Coast Guard Space Transportation
Systems program office in Port Canaveral, FL.
Contemporary flight analyses models and risk assessments are more
advanced and require a far smaller hazard area for typical launches
than the four ``zones''
[[Page 51846]]
established in the Offshore Cape Canaveral Safety Zone of 2009. For
most launches originating from Cape Canaveral, the existing safety
zones are far too large and enforcement of them may unnecessarily
restrict vessel traffic.
Rocket launch activity has doubled since 2009. In 2020 the 45th
Space Wing (now designated as Space Launch Delta 45 under the U.S.
Space Force) launched 39 missions which required 20 activations of the
2009 safety zone. The type, configuration, and mission profile of
contemporary governmental and commercial rockets adds additional
variability to risk assessments and requires a more adaptable
regulatory tool.
A Safety Zone, as defined in 33 CFR 165.20, is intended to limit
access to a hazardous area to authorized persons, vehicles, or vessels.
Given the rapidly changing nature of space launch operations in the
area, an RNA, as defined in 33 CFR 165.11, which allows the control of
vessel traffic with more flexibility and expediency, is the more
appropriate regulatory tool.
This RNA is not meant to replace, alter, or conflict with Coast
Guard security zones as described in 33 CFR 165.701, Vicinity, Kennedy
Space Center, Merritt Island, FL; or 33 CFR 165.705, Port Canaveral
Harbor, Cape Canaveral Air Force Station, FL. The regulatory text we
are proposing appears at the end of this document.
We propose the following area to be a RNA: All waters offshore Cape
Canaveral from surface to bottom, encompassed by a line connecting the
following points beginning with Point 1 at 28[deg]48'54'' N,
80[deg]28'40'' W; thence southwest to Point 2 at 28[deg]43'20'' N,
80[deg]41' W; thence south along the shoreline to Point 3 at
28[deg]26'40'' N, 80[deg]32'49'' W; thence continuing south offshore to
Point 4 at 28[deg]10' N, 80[deg]23'20'' W; thence east Point 5 at
28[deg]10' N, 80[deg]21'13'' W; thence north along the 12 nautical mile
line back to Point 1. Coordinates are in WGS 1984. These coordinates
are based on the furthest north and south trajectories of typical
rocket launch vehicles originating from Cape Canaveral. In addition,
there are five typical launch exclusion areas that cover the majority
of rocket launches. We list the coordinates and locations of the five
typical launch exclusion areas in the regulatory text.
When the RNA is deemed activated, the COTP or a designated
representive would be able to restrict vessel movement including but
not limited to transiting, anchoring, or mooring within this RNA to
protect vessels from hazards associated with rocket launches. These
restrictions are temporary in nature and would only be enacted and
enforced prior to and just after a successful launch. The COTP would be
able to activate any single area, a combination of areas, or establish
ad hoc areas within the RNA boundary area as warranted by the specific
risks posed by individual launches.
The COTP would inform the public of the activation or status of the
RNA by Broadcast Notice to Mariners on VHF-FM channel 16, Public Notice
of Enforcement, on-scene presence, and by the display of a yellow ball
from a 90-foot pole near the shoreline.
IV. Regulatory Analyses
We developed this proposed 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 NPRM has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, the NPRM
has not been reviewed by the Office of Management and Budget (OMB).
The RNA will operate in a similar way to the existing safety zone,
but will reduce the size of exclusionary areas for each typical rocket
launch. We expect the economic impact of this rule to be so minimal
that a full regulatory evaluation is unnecessary. The RNA will only be
activated a reasonable time before a launch and deactivated once the
area is no longer hazardous.
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
proposed rule would not have a significant economic impact on a
substantial number of small entities.
The total time of the RNA activation and thus restriction to the
public is expected to be approximately one hour per launch. Vessels
would be able to transit around the activated RNA locations during
these launches. We do not anticipate any significant economic impact
resulting from activation of the RNA.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
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 proposed 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. The Coast Guard will not retaliate against small
entities that question or complain about this proposed rule or any
policy or action of the Coast Guard.
C. Collection of Information
This proposed rule would 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 proposed 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 proposed rule does not have tribal implications under
Executive Order 13175 (Consultation and Coordination with Indian Tribal
Governments) because it would 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 proposed rule has implications for federalism or
Indian tribes, please call or email the person
[[Page 51847]]
listed in the FOR FURTHER INFORMATION CONTACT section.
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 proposed rule would not
result in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.
F. Environment
We have analyzed this proposed 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 made
a preliminary determination 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 proposed rule involves the
activation of a regulated navigation area with exclusionary zones
smaller than the existing safety zones. The activation of the RNA is
expected to be an hour total. Normally such actions are categorically
excluded from further review under paragraph L60a of Appendix A, Table
1 of DHS Instruction Manual 023-01-001-01, Rev. 1. A preliminary 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. We seek any comments or
information that may lead to the discovery of a significant
environmental impact from this proposed rule.
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.
V. Public Participation and Request for Comments
We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
Submitting comments. We encourage you to submit comments through
the Federal Decision Making Portal at https://www.regulations.gov. To
do so, go to https://www.regulations.gov, type USCG-2021-0661 in the
search box and click ``Search.'' Next, look for this document in the
Search Results column, and click on it. Then click on the Comment
option. If you cannot submit your material by using https://www.regulations.gov, call or email the person in the FOR FURTHER
INFORMATION CONTACT section of this proposed rule for alternate
instructions.
Viewing material in docket. To view documents mentioned in this
proposed rule as being available in the docket, find the docket as
described in the previous paragraph, and then select ``Supporting &
Related Material'' in the Document Type column. Public comments will
also be placed in our online docket and can be viewed by following
instructions on the https://www.regulations.gov Frequently Asked
Questions web page. We review all comments received, but we will only
post comments that address the topic of the proposed rule. We may
choose not to post off-topic, inappropriate, or duplicate comments that
we receive.
Personal information. We accept anonymous comments. Comments we
post to https://www.regulations.gov will include any personal
information you have provided. For more about privacy and submissions
to the docket in response to this document, see DHS's eRulemaking
System of Records notice (85 FR 14226, March 11, 2020).
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 proposes
to amend 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; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.2.
0
2. Revise Sec. 165.775 to read as follows:
Sec. 165.775 Regulated Navigation Area; Launch Area Offshore Cape
Canaveral, FL.
(a) Location. (1) The following area is a regulated navigation area
(RNA): All waters offshore Cape Canaveral from surface to bottom,
encompassed by a line connecting the following points beginning with
Point 1 at 28[deg]48'54'' N, 80[deg]28'40'' W; thence southwest to
Point 2 at 28[deg]43'20'' N, 80[deg]41' W; thence south along the
shoreline to Point 3 at 28[deg]26'40'' N, 80[deg]32'49'' W; thence
continuing south offshore to Point 4 at 28[deg]10' N, 80[deg]23'20'' W;
thence east Point 5 at 28[deg]10' N, 80[deg]21'13'' W; thence north
along the 12 nautical mile line back to Point 1. Coordinates are in WGS
1984. These coordinates are based on the furthest north and south
trajectories of typical rocket launch vehicles originating from Cape
Canaveral.
(2) While restrictions may be enforced anywhere within the
boundaries of the RNA, there are five typical launch exclusion areas
that cover the majority of rocket launches. Typical launch hazard areas
include all navigable waters within the following coordinates,
encompassed by a line starting at Point 1 connecting the following
points:
(i) Northeast Launch Hazard Area:
------------------------------------------------------------------------
------------------------------------------------------------------------
Point 1...................... 28[deg]47'47'' N 080[deg]27'48'' W
Point 2...................... 28[deg]42'18'' N 080[deg]34'55'' W
Point 3...................... 28[deg]39'13'' N 080[deg]37'49'' W
Point 4...................... 28[deg]32'29'' N 080[deg]33'53'' W
Point 5...................... 28[deg]34'00'' N 080[deg]29'00'' W
Point 6...................... 28[deg]39'43'' N 080[deg]21'57'' W
------------------------------------------------------------------------
(ii) East Northeast Launch Hazard Area:
------------------------------------------------------------------------
------------------------------------------------------------------------
Point 1...................... 28[deg]43'53'' N 080[deg]24'50'' W
Point 2...................... 28[deg]36'10'' N 080[deg]35'20'' W
Point 3...................... 28[deg]31'46'' N 080[deg]33'40'' W
Point 4...................... 28[deg]34'42'' N 080[deg]28'40'' W
Point 5...................... 28[deg]40'45'' N 080[deg]22'28'' W
------------------------------------------------------------------------
(iii) Large East Launch Hazard Area:
------------------------------------------------------------------------
------------------------------------------------------------------------
Point 1...................... 28[deg]40'32'' N 080[deg]22'21'' W
Point 2...................... 28[deg]39'14'' N 080[deg]37'48'' W
Point 3...................... 28[deg]27'00'' N 080[deg]31'55'' W
Point 4...................... 28[deg]27'35'' N 080[deg]17'48'' W
------------------------------------------------------------------------
(iv) Small East Launch Hazard Area:
------------------------------------------------------------------------
------------------------------------------------------------------------
Point 1...................... 28[deg]38'28'' N 080[deg]21'24'' W
Point 2...................... 28[deg]39'00'' N 080[deg]31'00'' W
Point 3...................... 28[deg]38'00'' N 080[deg]36'58'' W
Point 4...................... 28[deg]32'00'' N 080[deg]33'45'' W
Point 5...................... 28[deg]31'32'' N 080[deg]18'35'' W
------------------------------------------------------------------------
(v) Southeast Launch Hazard Area:
------------------------------------------------------------------------
------------------------------------------------------------------------
Point 1...................... 28[deg]37'00'' N 080[deg]29'00'' W
Point 2...................... 28[deg]35'48'' N 080[deg]34'59'' W
[[Page 51848]]
Point 3...................... 28[deg]26'40'' N 080[deg]32'49'' W
Point 4...................... 28[deg]10'00'' N 080[deg]23'20'' W
Point 5...................... 28[deg]10'00'' N 080[deg]21'13'' W
Point 6...................... 28[deg]23'10'' N 080[deg]18'41'' W
------------------------------------------------------------------------
(b) Definitions. The following definitions apply to this section:
Designated representative means Coast Guard Patrol Commanders
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 RNAs, safety zones, and security zones.
(c) Regulations. (1) The COTP or a designated represented may
restrict vessel movement including but not limited to transiting,
anchoring, or mooring within this RNA to protect vessels from hazards
associated with rocket launches. These restrictions are temporary in
nature and will only be enacted and enforced prior to and just after a
successful launch.
(2) The COTP may activate any single area, a combination of areas,
or establish ad hoc areas within the RNA boundary area as warranted by
the specific risks posed by individual launches.
(d) Notice of activation of RNA. The COTP will inform the public of
the activation or status of the RNA by Broadcast Notice to Mariners on
VHF-FM channel 16, Public Notice of Enforcement, 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]55'18'' 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: September 13, 2021.
Brendan C. McPherson,
Rear Admiral, Commander, Seventh Coast Guard District.
[FR Doc. 2021-20105 Filed 9-16-21; 8:45 am]
BILLING CODE 9110-04-P
