Safety Zone; Atlantic Ocean, Cape Canaveral Offshore Launch Area, FL, 14259-14262 [2023-04730]
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Federal Register / Vol. 88, No. 45 / Wednesday, March 8, 2023 / Rules and Regulations
Authority: 12 U.S.C. 1707, 1709, 1710,
1715b, 1715z–16, 1715u, and 1715z–21; 15
U.S.C. 1639c; 42 U.S.C. 3535(d).
§ 203.616
[Amended]
2. In § 203.616, remove the number
‘‘360’’ and add, in its place, the number
‘‘480’’.
■
Penalties, Reporting, and recordkeeping
requirements.
Correction of Publication
Accordingly, 26 CFR part 301 is
corrected by making the following
correcting amendment:
PART 301—PROCEDURE AND
ADMINISTRATION
Julia R. Gordon,
Assistant Secretary for Housing—Federal
Housing Commissioner.
Paragraph 1. The authority citation
for part 301 continues to read in part as
follows:
■
[FR Doc. 2023–04284 Filed 3–7–23; 8:45 am]
BILLING CODE 4210–67–P
Authority: 26 U.S.C. 7805 * * *
DEPARTMENT OF THE TREASURY
§ 301.6056–1
Internal Revenue Service
■ Par. 2. Section 301.6056–1 is
amended by removing paragraphs
(g)(1)(i) and (ii).
26 CFR Part 301
Oluwafunmilayo A. Taylor,
Branch Chief, Legal Processing Division,
Associate Chief Counsel (Procedure and
Administration).
[TD 9970]
RIN 1545–BQ11
Information Reporting of Health
Insurance Coverage and Other Issues
Under Sections 5000A, 6055, and 6056;
Correction
Internal Revenue Service (IRS),
Treasury.
ACTION: Correcting amendment.
AGENCY:
[FR Doc. 2023–04552 Filed 3–7–23; 8:45 am]
BILLING CODE 4830–01–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
This document contains
corrections to a final regulation that was
published in the Federal Register on
Thursday, December 15, 2022. The
December rule contains final regulations
under the Internal Revenue Code that
provide an automatic extension of time
for providers of minimum essential
coverage (including health insurance
issuers, self-insured employers, and
government agencies) to furnish
individual statements regarding such
coverage and an alternative method for
furnishing individual statements when
the individual shared responsibility
payment amount is zero.
DATES: This correction is effective on
March 8, 2023 and applicable on
December 15, 2022.
FOR FURTHER INFORMATION CONTACT:
Concerning the regulations, Gerald
Semasek, at (202) 317–7006 or Lisa
Mojiri-Azad at (202) 317–4649 (not a
toll-free numbers).
SUPPLEMENTARY INFORMATION:
33 CFR Part 100
Background
DATES:
SUMMARY:
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[Amended]
The final regulations (TD 9970) that
are the subject of this correction is
under sections 5000A, 6055 and 6056 of
the Internal Revenue Code.
List of Subjects in 26 CFR Part 301
Employment taxes, Estate taxes,
Excise taxes, Gift taxes, Income taxes,
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15:51 Mar 07, 2023
Jkt 259001
Special Local Regulations; Riverfest
Power Boat Races, Neches River, Port
Neches, Texas
Coast Guard, DHS.
Notification of enforcement of
regulation.
AGENCY:
ACTION:
The Coast Guard will enforce
special local regulation for the Riverfest
boat races on the Neches River in Port
Neches, TX from May 5, 2023 through
May 7, 2023 to provide for the safety of
life on navigable waterways during this
event. Our regulation for marine events
within the Eighth Coast Guard District
identifies the regulated area for this
event in Port Neches, TX. During the
enforcement periods, the operator of any
vessel in the regulated area must
comply with directions from the Patrol
Commander or designated
representative.
SUMMARY:
The regulations in 33 CFR
100.801, Table 3, line 4 will be enforced
from 2 p.m. through 6 p.m. on May 5,
2023 and from 8:30 a.m. through 6 p.m.
on May 6 and 7, 2023.
FOR FURTHER INFORMATION CONTACT: If
you have questions about this
notification of enforcement, call or
email Mr. Scott Whalen, U.S. Coast
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Guard; telephone 409–719–5086, email
scott.k.whalen@uscg.mil.
SUPPLEMENTARY INFORMATION: The Coast
Guard will enforce special local
regulations in 33 CFR 100.801 Table 3,
Line 4, for the Port Neches Riverfest
boat races display from 2 p.m. through
6 p.m. on May 5, 2023, and from 8:30
a.m. through 6 p.m. on May 6 and May
7, 2023. This action is being taken to
provide for the safety of life on
navigable waterways during this threeday event. Our regulations for marine
events within the Eighth Coast Guard
District, § 100.801, specifies the location
of the safety zone for the Riverfest boat
races which encompasses a portions of
the Neches River adjacent to Port
Neches Park. During the enforcement
period, as reflected in § 100.801, Table
3, if you are the operator of a vessel in
the regulated area you must comply
with directions from the Patrol
Commander or designated
representative.
In addition to this notice of
enforcement in the Federal Register, the
Coast Guard plans to provide
notification of the enforcement periods
via Local Notice to Mariners, Marine
Safety Information Bulletin and Vessel
Traffic Service Advisory.
Dated: March 3, 2023.
Molly A. Wike,
Captain, U.S. Coast Guard, Captain of the
Port Marine Safety Zone Port Arthur.
[Docket No. USCG–2023–0128]
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[FR Doc. 2023–04744 Filed 3–7–23; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2023–0055]
RIN 1625–AA00
Safety Zone; Atlantic Ocean, Cape
Canaveral Offshore Launch Area, FL
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone for
waters of the Atlantic Ocean, adjacent to
Cape Canaveral, FL. This safety zone
would implement a special activities
provision of the William M. (Mac)
Thornberry National Defense
Authorization Act for Fiscal Year 2021.
The Coast Guard is establishing this
safety zone for the launch of the Terran
I rocket, which is being launched by
Relativity Space. The temporary safety
zone will be located within the Coast
SUMMARY:
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Guard District Seven area of
responsibility offshore of Cape
Canaveral, Florida. This rule prohibits
U.S.-flagged vessels from entering the
temporary safety zone unless authorized
by the District Commander of the
Seventh Coast Guard District or a
designated representative. Foreignflagged vessels are encouraged to remain
outside the safety zone. This action is
necessary to protect vessels and
waterway users from the potential
hazards created by launch of the Terran
I rocket, flying over the U.S. Exclusive
Economic Zone (EEZ).
This rule is effective without
actual notice from March 8,
2023through 4 p.m., March 13, 2023.
For the purposes of enforcement, actual
notice will be used from 10 a.m., March
7, 2023 until March 8, 2023.
DATES:
To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2022–
0860 in the search box and click
‘‘Search.’’ Next, in the Document Type
column, select ‘‘Supporting & Related
Material.’’
ADDRESSES:
If
you have questions on this rule, call or
email LT Ryan Gilbert, District Seven,
Waterways Management Branch, U.S.
Coast Guard; telephone 305–415–6750,
email Ryan.A.Gilbert@uscg.mil.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
BNM Broadcast Notice to Mariners
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
EEZ Exclusive Economic Zone
FAA Federal Aviation Administration
FL Florida
FR Federal Register
MSIB Marine Safety Information Bulletin
NASA National Aeronautics and Space
Administration
NM Nautical Mile
NPRM Notice of Proposed Rulemaking
RNA Regulated Navigation Area
§ Section
U.S. United States
U.S.C. United States Code
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II. Background Information and
Regulatory History
On January 1, 2021, the William M.
(Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021
(Pub. L. 116–283) (Authorization Act)
was enacted. Section 8343 (134 Stat.
4710) calls for the Coast Guard to
conduct a 2-year pilot program to
establish and implement a process to
establish safety zones to address special
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activities,1 including space activities
carried out by United States (U.S.)
citizens in the U.S. Exclusive Economic
Zone (EEZ).2 Terms used to describe
space activities, including launch, are
defined in 51 U.S.C. 50902.
The Coast Guard has long monitored
space activities impacting the maritime
domain and taken actions to ensure the
safety of vessels and the public as
needed during space launch operations.
In conducting this activity, the Coast
Guard engages with other government
agencies, including the Federal Aviation
Administration (FAA) and National
Aeronautics and Space Administration
(NASA). This engagement is necessary
to ensure statutory and regulatory
obligations are met to ensure the safety
of launch operations and waterway
users.
The Coast Guard has an existing
permanent regulated navigation area
(RNA) that prevents vessels from
operating in the waters adjacent to the
Cape Canaveral launch area; however,
that area only extends to the limits of
the territorial seas.3 With this temporary
final rule, the Coast Guard is
establishing a temporary safety zone in
the Atlantic Ocean in the U.S. EEZ that
will abut the existing RNA near Cape
Canaveral, FL. The Coast Guard intends
to activate the existing RNA in 33 CFR
165.775 concurrently with the
temporary safety zone established by
this rule for the launch of the Terran I
rocket.
The Terran 1 will be the first
launched rocket of the Terran Program.
Rockets built by Realitivity Space for
the Terran program are constructed
using a novel 3D printing technology
that has never been successfully
employed in the United States. While
the Terran rocket has conducted tests of
its engines, it has not yet been launched
into low earth orbit. Therefore, this
launch presents a higher risk profile
than with a typical launch. Based on
these factors it has been determined that
the best way to reduce risk is to
establish this temporary safety zone
abutting the established RNA in
§ 165.775.
Once the Terran I rocket has been
launched, the Coast Guard will notify
the public through a Broadcast Notice to
Mariners (BNM) that any remaining
safety zone enforcement times and dates
are no longer needed.
1 Special Activities means space activities,
including launch and reentry, as such terms are
defined in section 50902 of Title 51, United States
Code, carried out by United States citizens.
2 The Coast Guard defines the U.S. exclusive
economic zone in 33 CFR 2.30(a). Territorial sea is
defined in 33 CFR 2.22.
3 See 33 CFR 165.775.
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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 doing
so would be impracticable. This safety
zone must be established by March 7,
2023, in order to protect vessels and
waterway users from the potential
hazards associated with the launch of
the Terran I rocket.
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 rule’s
objectives of ensuring the protection of
vessels and waterway users in the U.S.
EEZ from the potential hazards created
by the launch operation.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under section 8343 of the Authorization
Act. The Seventh District Commander
has determined that there are potential
hazards in the U.S. EEZ created by the
launch of the Terran I rocket. The
purpose of this rule is to ensure safety
of vessels and waterway users before,
during, and after the scheduled launch.
IV. Discussion of the Rule
This rule establishes a temporary
safety zone that will be subject to
enforcement starting on March 7, 2023,
through March 13, 2023, from 10 a.m. to
4 p.m. each day, until the Terran-1
rocket is launched. Once the Terran I
rocket has been launched, the Coast
Guard will notify the public that the
temporary safety zone has been
cancelled, through a Broadcast Notice to
Mariners (BNM).
This temporary safety zone will cover
certain navigable waters in the path of
the rocket being launched from Cape
Canaveral, FL. The safety zone will
cover approximately 650 square miles,
and is roughly shaped like an elongated
trapezoid. It will directly abut the RNA
established in § 165.775. U.S.-flagged
vessels will be prohibited from entering
the temporary safety zone unless
authorized by the District Commander
of the Seventh Coast Guard District or
a designated representative. Foreign-
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flagged vessels are encouraged to remain
outside the safety zone. The coordinates
of the safety zone are provided in the
regulatory text, and a map will be
provided in the docket.
No U.S. flagged vessel or person will
be permitted to enter the safety zone
without obtaining permission from the
District Commander 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.
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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. 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, duration,
and scope of the temporary safety zone.
The temporary safety zone is limited in
size and location to only to the areas
where Terran I rocket launch may pose
a danger to vessels outside the RNA.
The temporary safety zone is limited in
scope, as vessel traffic will be able to
safely transit around the zone. The
safety zone is expected to be enforced
for approximately 8 hours. After the
launch has been completed, and there is
no longer any danger to vessels from the
Terran I rocket, the Coast Guard will
notify waterway users and vessels that
the safety zone is no longer subject to
enforcement. The safety zone will
ensure the protection of vessels and
waterway users from the potential
hazards created by the launch of the
Terran I rocket.
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.
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15:51 Mar 07, 2023
Jkt 259001
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
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14261
Federal Government and Indian tribes,
or on the distribution of power and
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
enforcement of a safety zone for
approximately 5 or 6 hours during the
duration of the rocket launch of the
Terran I rocket. 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,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
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Federal Register / Vol. 88, No. 45 / Wednesday, March 8, 2023 / Rules and Regulations
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
is revised 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.
2. Add § 165.T07–0055 to read as
follows:
■
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§ 165.T07–0055 Safety Zone; Atlantic
Ocean, Cape Canaveral Offshore Launch
Area, Cape Canaveral, FL.
15:51 Mar 07, 2023
Jkt 259001
Dated: March 2, 2023.
Brendan C. McPherson,
Rear Admiral, U.S. Coast Guard, Commander,
Seventh Coast Guard District.
[FR Doc. 2023–04730 Filed 3–7–23; 8:45 am]
BILLING CODE 9110–04–P
(a) Location. The following area is a
safety zone: All waters of the Atlantic
Ocean, from surface to bottom,
encompassed by a line connecting the
following points beginning at Point 1:
28°38′19.3″ N 80°21′22.9″ W, thence to
Point 2: 28°45′14″ N 79°58′51.2″ W,
thence to Point 3: 28°15′39.7″ N
79°58′51.2″ W, thence to Point 4:
28°22′27.7″ N 80°18′59″ W, thence
following the 12NM line back to point
1. These coordinates are based on WGS
84.
(b) Definitions. As used in this
section, designated representative
means a Coast Guard Patrol
Commander, including a Coast Guard
coxswain, petty officer, or other officer
operating a Coast Guard vessel, U.S.
Space Force range safety personnel, and
Federal, State, and local officers
designated by or assisting the District
Commander in the enforcement of the
safety zone.
(c) Regulations. (1) Under the general
safety zone regulations in subpart C of
this part, U.S.-flagged vessels may not
enter the safety zone described in
paragraph (a) of this section unless
authorized by the District Commander
or a designated representative. All
foreign-flagged vessels are encouraged
to remain outside the safety zone.
(2) To seek permission to enter, transit
through, anchor in or remain within the
safety zone contact Sector Jacksonville
by telephone at (904) 714–7557 or the
District Commander’s representative via
VHF–FM radio on channel 16. Those in
the safety zone must comply with all
lawful orders or directions given to
them by the District Commander or a
designated representative.
(d) Notification of enforcement. (1)
The Coast Guard intends to enforce the
temporary safety zone for the Terran I
rocket launch with assets on scene to
ensure the temporary safety zone is
cleared of persons and vessels.
(2) Once the Terran I rocket has been
launched, the safety zone will no longer
be needed. At that time, the Coast Guard
will notify the public of the cancellation
of the safety zone through a Broadcast
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Notice to Mariners on VHF–FM channel
16, and through social media.
(e) Effective and enforcement periods.
This section is effective from 10 a.m. on
March 7, 2023 through 4 p.m. on March
23, 2023. This section is subject to
enforcement from 10 a.m.to 4 p.m. each
day.
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2023–0174]
Safety Zone; Fireworks Display,
Elizabeth River, Town Point Reach,
Norfolk, VA
Coast Guard, DHS.
ACTION: Notification of enforcement of
regulation.
AGENCY:
The Coast Guard will enforce
a safety zone regulation for Norfolk’s
41st Annual Independence Day
Fireworks on July 4, 2023, to provide for
the safety of life on navigable waterways
during this event. Our regulation for
marine events within the Fifth Coast
Guard District identifies the regulated
area for this event in Norfolk, VA.
During the enforcement period, entry of
vessels or persons into this zone is
prohibited unless specifically
authorized by the Captain of the Port
Virginia.
DATES: The regulations in 33 CFR
165.506 will be enforced for the location
identified as Item 13 in table 3 to
paragraph (h)(3) from 9:30 p.m. until
9:50 p.m. on July 4, 2023.
FOR FURTHER INFORMATION CONTACT: If
you have questions about this
notification of enforcement, call or
email LCDR Ashley Holm, Chief,
Waterways Management Division,
Sector Virginia, U.S. Coast Guard;
telephone 757–668–5580 email
Ashley.E.Holm@uscg.mil.
SUPPLEMENTARY INFORMATION: As noted
in paragraph (c) of § 165.506, the
enforcement period(s) for each safety
zone identified in paragraph (h) of this
section is subject to change, and the
enforcement period announced here
differs from the enforcement period
noted in Table 3 to paragraph (h). The
Coast Guard will enforce the safety zone
SUMMARY:
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in 33 CFR 165.506 for Norfolk’s 41st
Annual Independence Day Fireworks
regulated area from 9:30 p.m. to 9:50
p.m. on July 4, 2023. This action is
being taken to provide for the safety of
life on navigable waterways during this
20-minute event. Our regulation for
marine events within the Fifth Coast
Guard District, § 165.506, specifies the
location of the regulated area which
encompasses portions of the Elizabeth
River and Town Point Reach. During the
enforcement periods, entry of vessels or
persons into this zone is prohibited
unless specifically authorized by the
Captain of the Port Virginia.
In addition to this notification of
enforcement in the Federal Register, the
Coast Guard plans to provide
notification of this enforcement period
via the Local Notice to Mariners and
marine information broadcasts.
Dated: March 1, 2023.
Jennifer A. Stockwell,
Captain, U.S. Coast Guard, Captain of the
Port Virginia.
[FR Doc. 2023–04788 Filed 3–7–23; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2022–0895]
RIN 1625–AA00
Safety Zone; Potomac River, Between
Charles County, MD and King George
County, VA
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone for
certain waters of the Potomac River.
This action is necessary to provide for
the safety of life on these navigable
waters at the old Governor Harry W.
Nice/Senator Thomas ‘‘Mac’’ Middleton
Memorial (US–301) Bridge during
demolition operations from March 13,
2023 through March 29, 2023. This
proposed rulemaking would prohibit
persons and vessels from being in the
safety zone unless authorized by the
Captain of the Port, Maryland-National
Capital Region or a designated
representative.
SUMMARY:
This rule is effective from 12:01
a.m., March 13, 2023 through 11:59
p.m., March 29, 2023.
ADDRESSES: To view documents
mentioned in this preamble as being
DATES:
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Agencies
[Federal Register Volume 88, Number 45 (Wednesday, March 8, 2023)]
[Rules and Regulations]
[Pages 14259-14262]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-04730]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2023-0055]
RIN 1625-AA00
Safety Zone; Atlantic Ocean, Cape Canaveral Offshore Launch Area,
FL
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone for
waters of the Atlantic Ocean, adjacent to Cape Canaveral, FL. This
safety zone would implement a special activities provision of the
William M. (Mac) Thornberry National Defense Authorization Act for
Fiscal Year 2021. The Coast Guard is establishing this safety zone for
the launch of the Terran I rocket, which is being launched by
Relativity Space. The temporary safety zone will be located within the
Coast
[[Page 14260]]
Guard District Seven area of responsibility offshore of Cape Canaveral,
Florida. This rule prohibits U.S.-flagged vessels from entering the
temporary safety zone unless authorized by the District Commander of
the Seventh Coast Guard District or a designated representative.
Foreign-flagged vessels are encouraged to remain outside the safety
zone. This action is necessary to protect vessels and waterway users
from the potential hazards created by launch of the Terran I rocket,
flying over the U.S. Exclusive Economic Zone (EEZ).
DATES: This rule is effective without actual notice from March 8,
2023through 4 p.m., March 13, 2023. For the purposes of enforcement,
actual notice will be used from 10 a.m., March 7, 2023 until March 8,
2023.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2022-0860 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 on this rule,
call or email LT Ryan Gilbert, District Seven, Waterways Management
Branch, U.S. Coast Guard; telephone 305-415-6750, email
[email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
BNM Broadcast Notice to Mariners
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
EEZ Exclusive Economic Zone
FAA Federal Aviation Administration
FL Florida
FR Federal Register
MSIB Marine Safety Information Bulletin
NASA National Aeronautics and Space Administration
NM Nautical Mile
NPRM Notice of Proposed Rulemaking
RNA Regulated Navigation Area
Sec. Section
U.S. United States
U.S.C. United States Code
II. Background Information and Regulatory History
On January 1, 2021, the William M. (Mac) Thornberry National
Defense Authorization Act for Fiscal Year 2021 (Pub. L. 116-283)
(Authorization Act) was enacted. Section 8343 (134 Stat. 4710) calls
for the Coast Guard to conduct a 2-year pilot program to establish and
implement a process to establish safety zones to address special
activities,\1\ including space activities carried out by United States
(U.S.) citizens in the U.S. Exclusive Economic Zone (EEZ).\2\ Terms
used to describe space activities, including launch, are defined in 51
U.S.C. 50902.
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\1\ Special Activities means space activities, including launch
and reentry, as such terms are defined in section 50902 of Title 51,
United States Code, carried out by United States citizens.
\2\ The Coast Guard defines the U.S. exclusive economic zone in
33 CFR 2.30(a). Territorial sea is defined in 33 CFR 2.22.
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The Coast Guard has long monitored space activities impacting the
maritime domain and taken actions to ensure the safety of vessels and
the public as needed during space launch operations. In conducting this
activity, the Coast Guard engages with other government agencies,
including the Federal Aviation Administration (FAA) and National
Aeronautics and Space Administration (NASA). This engagement is
necessary to ensure statutory and regulatory obligations are met to
ensure the safety of launch operations and waterway users.
The Coast Guard has an existing permanent regulated navigation area
(RNA) that prevents vessels from operating in the waters adjacent to
the Cape Canaveral launch area; however, that area only extends to the
limits of the territorial seas.\3\ With this temporary final rule, the
Coast Guard is establishing a temporary safety zone in the Atlantic
Ocean in the U.S. EEZ that will abut the existing RNA near Cape
Canaveral, FL. The Coast Guard intends to activate the existing RNA in
33 CFR 165.775 concurrently with the temporary safety zone established
by this rule for the launch of the Terran I rocket.
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\3\ See 33 CFR 165.775.
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The Terran 1 will be the first launched rocket of the Terran
Program. Rockets built by Realitivity Space for the Terran program are
constructed using a novel 3D printing technology that has never been
successfully employed in the United States. While the Terran rocket has
conducted tests of its engines, it has not yet been launched into low
earth orbit. Therefore, this launch presents a higher risk profile than
with a typical launch. Based on these factors it has been determined
that the best way to reduce risk is to establish this temporary safety
zone abutting the established RNA in Sec. 165.775.
Once the Terran I rocket has been launched, the Coast Guard will
notify the public through a Broadcast Notice to Mariners (BNM) that any
remaining safety zone enforcement times and dates are no longer needed.
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 doing so would be impracticable. This
safety zone must be established by March 7, 2023, in order to protect
vessels and waterway users from the potential hazards associated with
the launch of the Terran I rocket.
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 rule's objectives of ensuring the
protection of vessels and waterway users in the U.S. EEZ from the
potential hazards created by the launch operation.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under section 8343 of the
Authorization Act. The Seventh District Commander has determined that
there are potential hazards in the U.S. EEZ created by the launch of
the Terran I rocket. The purpose of this rule is to ensure safety of
vessels and waterway users before, during, and after the scheduled
launch.
IV. Discussion of the Rule
This rule establishes a temporary safety zone that will be subject
to enforcement starting on March 7, 2023, through March 13, 2023, from
10 a.m. to 4 p.m. each day, until the Terran-1 rocket is launched. Once
the Terran I rocket has been launched, the Coast Guard will notify the
public that the temporary safety zone has been cancelled, through a
Broadcast Notice to Mariners (BNM).
This temporary safety zone will cover certain navigable waters in
the path of the rocket being launched from Cape Canaveral, FL. The
safety zone will cover approximately 650 square miles, and is roughly
shaped like an elongated trapezoid. It will directly abut the RNA
established in Sec. 165.775. U.S.-flagged vessels will be prohibited
from entering the temporary safety zone unless authorized by the
District Commander of the Seventh Coast Guard District or a designated
representative. Foreign-
[[Page 14261]]
flagged vessels are encouraged to remain outside the safety zone. The
coordinates of the safety zone are provided in the regulatory text, and
a map will be provided in the docket.
No U.S. flagged vessel or person will be permitted to enter the
safety zone without obtaining permission from the District Commander 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 Executive Order 12866. 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, duration, and scope of the temporary safety zone. The
temporary safety zone is limited in size and location to only to the
areas where Terran I rocket launch may pose a danger to vessels outside
the RNA. The temporary safety zone is limited in scope, as vessel
traffic will be able to safely transit around the zone. The safety zone
is expected to be enforced for approximately 8 hours. After the launch
has been completed, and there is no longer any danger to vessels from
the Terran I rocket, the Coast Guard will notify waterway users and
vessels that the safety zone is no longer subject to enforcement. The
safety zone will ensure the protection of vessels and waterway users
from the potential hazards created by the launch of the Terran I
rocket.
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
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
enforcement of a safety zone for approximately 5 or 6 hours during the
duration of the rocket launch of the Terran I rocket. 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, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:
[[Page 14262]]
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 is revised 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.T07-0055 to read as follows:
Sec. 165.T07-0055 Safety Zone; Atlantic Ocean, Cape Canaveral
Offshore Launch Area, Cape Canaveral, FL.
(a) Location. The following area is a safety zone: All waters of
the Atlantic Ocean, from surface to bottom, encompassed by a line
connecting the following points beginning at Point 1: 28[deg]38'19.3''
N 80[deg]21'22.9'' W, thence to Point 2: 28[deg]45'14'' N
79[deg]58'51.2'' W, thence to Point 3: 28[deg]15'39.7'' N
79[deg]58'51.2'' W, thence to Point 4: 28[deg]22'27.7'' N
80[deg]18'59'' W, thence following the 12NM line back to point 1. These
coordinates are based on WGS 84.
(b) Definitions. As used in this section, designated representative
means a Coast Guard Patrol Commander, including a Coast Guard coxswain,
petty officer, or other officer operating a Coast Guard vessel, U.S.
Space Force range safety personnel, and Federal, State, and local
officers designated by or assisting the District Commander in the
enforcement of the safety zone.
(c) Regulations. (1) Under the general safety zone regulations in
subpart C of this part, U.S.-flagged vessels may not enter the safety
zone described in paragraph (a) of this section unless authorized by
the District Commander or a designated representative. All foreign-
flagged vessels are encouraged to remain outside the safety zone.
(2) To seek permission to enter, transit through, anchor in or
remain within the safety zone contact Sector Jacksonville by telephone
at (904) 714-7557 or the District Commander's representative via VHF-FM
radio on channel 16. Those in the safety zone must comply with all
lawful orders or directions given to them by the District Commander or
a designated representative.
(d) Notification of enforcement. (1) The Coast Guard intends to
enforce the temporary safety zone for the Terran I rocket launch with
assets on scene to ensure the temporary safety zone is cleared of
persons and vessels.
(2) Once the Terran I rocket has been launched, the safety zone
will no longer be needed. At that time, the Coast Guard will notify the
public of the cancellation of the safety zone through a Broadcast
Notice to Mariners on VHF-FM channel 16, and through social media.
(e) Effective and enforcement periods. This section is effective
from 10 a.m. on March 7, 2023 through 4 p.m. on March 23, 2023. This
section is subject to enforcement from 10 a.m.to 4 p.m. each day.
Dated: March 2, 2023.
Brendan C. McPherson,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard
District.
[FR Doc. 2023-04730 Filed 3-7-23; 8:45 am]
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