Safety Zone; Atlantic Ocean, Cape Canaveral Offshore Launch Area, FL, 16553-16556 [2023-05593]
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Federal Register / Vol. 88, No. 53 / Monday, March 20, 2023 / Rules and Regulations
consumption, including any
component, part, or accessory of a
tobacco product (except for raw
materials other than tobacco used in
manufacturing a component, part, or
accessory of a tobacco product). The
term ‘‘tobacco product’’ does not mean
an article that under the Federal Food,
Drug, and Cosmetic Act is: a drug
(section 201(g)(1)); a device (section
201(h)); a combination product (section
503(g)); or a food (section 201(f)) if such
article contains no nicotine or no more
than trace amounts of naturally
occurring nicotine.
*
*
*
*
*
PART 1114—PREMARKET TOBACCO
PRODUCT APPLICATIONS
9. The authority citation for part 1114
is revised to read as follows:
■
Authority: 21 U.S.C. 371, 374, 387a, 387i,
387j; Pub. L. 117–103, 136 Stat. 49.
PART 1143—MINIMUM REQUIRED
WARNING STATEMENTS
10. In § 1114.3, revise the definition of
‘‘Tobacco product’’ to read as follows:
■
■
§ 1114.3
Definitions.
*
*
*
*
*
Tobacco product means any product
made or derived from tobacco, or
containing nicotine from any source,
that is intended for human
consumption, including any
component, part, or accessory of a
tobacco product (except for raw
materials other than tobacco used in
manufacturing a component, part, or
accessory of a tobacco product). The
term ‘‘tobacco product’’ does not mean
an article that under the Federal Food,
Drug, and Cosmetic Act is: a drug
(section 201(g)(1)); a device (section
201(h)); a combination product (section
503(g)); or a food (section 201(f)) if such
article contains no nicotine or no more
than trace amounts of naturally
occurring nicotine.
*
*
*
*
*
PART 1140—CIGARETTES,
SMOKELESS TOBACCO, AND
COVERED TOBACCO PRODUCTS
11. The authority citation for part
1140 is revised to read as follows:
■
Authority: 21 U.S.C. 301 et seq., 21 U.S.C.
387a–1, and Pub. L. 117–103, 136 Stat. 49.
12. In § 1140.3, revise the definition of
‘‘Tobacco product’’ to read as follows:
■
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nicotine from any source, that is
intended for human consumption,
including any component, part, or
accessory of a tobacco product (except
for raw materials other than tobacco
used in manufacturing a component,
part, or accessory of a tobacco product);
and
(2) Does not mean an article that is a
drug under section 201(g)(1) of the
Federal Food, Drug, and Cosmetic Act;
a device under section 201(h) of the
Federal Food, Drug, and Cosmetic Act;
a combination product described in
section 503(g) of the Federal Food, Drug,
and Cosmetic Act; or a food under 201(f)
of the Federal Food, Drug, and Cosmetic
Act if such article contains no nicotine
or no more than trace amounts of
naturally occurring nicotine.
§ 1140.3
Definitions.
*
*
*
*
*
Tobacco product, as stated in section
201(rr) of the Federal Food, Drug, and
Cosmetic Act in relevant part:
(1) Means any product made or
derived from tobacco, or containing
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13. The authority citation for part
1143 is revised to read as follows:
Authority: 21 U.S.C. 387a(b), 387f(d), Pub.
L. 117–103, 136 Stat. 49.
14. In § 1143.1, revise the definition of
‘‘Tobacco product’’ to read as follows:
■
§ 1143.1
Definitions.
*
*
*
*
*
Tobacco product, as stated in section
201(rr) of the Federal Food, Drug, and
Cosmetic Act in relevant part:
(1) Means any product made or
derived from tobacco, or containing
nicotine from any source, that is
intended for human consumption,
including any component, part, or
accessory of a tobacco product (except
for raw materials other than tobacco
used in manufacturing a component,
part, or accessory of a tobacco product);
and
(2) Does not mean an article that is a
drug under section 201(g)(1) of the
Federal Food, Drug, and Cosmetic Act;
a device under section 201(h) of the
Federal Food, Drug, and Cosmetic Act;
a combination product described in
section 503(g) of the Federal Food, Drug,
and Cosmetic Act; or a food under 201(f)
of the Federal Food, Drug, and Cosmetic
Act if such article contains no nicotine
or no more than trace amounts of
naturally occurring nicotine.
Dated: February 22, 2023.
Lauren K. Roth,
Associate Commissioner for Policy.
[FR Doc. 2023–03950 Filed 3–17–23; 8:45 am]
BILLING CODE 4164–01–P
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16553
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2023–0220]
RIN 1625–AA00
Safety Zone; Atlantic Ocean, Cape
Canaveral Offshore Launch Area, FL
Coast Guard, Department of
Homeland Security (DHS).
ACTION: Temporary final rule.
AGENCY:
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
1 rocket, which is being launched by
Relativity Space. The temporary safety
zone will be located within the Coast
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
1 rocket, flying over the U.S. Exclusive
Economic Zone (EEZ).
DATES: This rule is effective without
actual notice from March 20, 2023,
through 4 p.m. on March 23, 2023. For
the purposes of enforcement, actual
notice will be used from 10 a.m. on
March 16, 2023, through March 20,
2023.
SUMMARY:
To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2022–
0220 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.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
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Federal Register / Vol. 88, No. 53 / Monday, March 20, 2023 / Rules and Regulations
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
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 sea.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
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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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 1
rocket.
The Terran 1 will be the first rocket
launched of the Terran Program.
Rockets built by Relativity 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 1 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 16,
2023, in order to protect vessels and
waterway users from the potential
hazards associated with the launch of
the Terran 1 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 1 rocket. The
purpose of this rule is to ensure safety
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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 16, 2023,
through March 23, 2023, from 10 a.m. to
4 p.m. each day, until the Terran 1
rocket is launched. Once the Terran 1
rocket has been launched, the Coast
Guard will notify the public that the
temporary safety zone has been
cancelled, through a 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. Foreignflagged 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 1 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
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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 1 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 1 rocket.
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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.
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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 1 rocket. It is categorically
excluded from further review under
paragraph L60(a) of Appendix A, Table
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16555
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:
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, 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.T07–0220 to read as
follows:
■
§ 165.T07–0220 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°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 World
Geodetic System (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
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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 1
rocket launch with assets on scene to
ensure the temporary safety zone is
cleared of persons and vessels.
(2) Once the Terran 1 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) Enforcement period. This section
will be enforced from 10 a.m. on March
16, 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 14, 2023.
Brendan C. McPherson,
Rear Admiral, U.S. Coast Guard, Commander,
Seventh Coast Guard District.
[FR Doc. 2023–05593 Filed 3–17–23; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF TRANSPORTATION
Great Lakes St. Lawrence Seaway
Development Corporation
33 CFR Part 402
RIN 2135–AA54
Tariff of Tolls; Correction
Great Lakes St. Lawrence
Seaway Development Corporation, DOT.
ACTION: Final rule; correction.
AGENCY:
The Great Lakes St. Lawrence
Seaway Development Corporation (GLS)
and the St. Lawrence Seaway
Management Corporation (SLSMC) of
Canada, under international agreement,
jointly publish and presently administer
the St. Lawrence Seaway Tariff of Tolls
in their respective jurisdictions. On
March 13, 2023, GLS published a final
rule that set forth the level of tolls
assessed on all commodities and vessels
transiting the facilities operated by the
GLS and the SLSMC. Due to a technical
problem in production, a footnote was
SUMMARY:
numbered incorrectly. This document
corrects the error.
DATES: This correction is effective on
March 22, 2023.
FOR FURTHER INFORMATION CONTACT:
Carrie Mann Lavigne, Chief Counsel,
Great Lakes St. Lawrence Seaway
Development Corporation, 180 Andrews
Street, Massena, New York 13662; (315)
764–3200.
SUPPLEMENTARY INFORMATION: The Great
Lakes St. Lawrence Seaway
Development Corporation (GLS) and the
St. Lawrence Seaway Management
Corporation (SLSMC) of Canada, under
international agreement, jointly publish
and presently administer the St.
Lawrence Seaway Tariff of Tolls
(Schedule of Fees and Charges in
Canada) in their respective jurisdictions.
A final rule amending 33 CFR part 402
published March 13, 2023, at 88 FR
15274, carried an incorrect footnote
designation in a table in § 402.12. This
document corrects that error.
Correction
In FR Doc. 2023–05007 appearing on
page 15274 in the Federal Register of
Monday, March 13, 2023, the following
correction is made:
■ 1. On page 15276, in table 1 to
§ 402.12, the entry for item number 4 is
corrected to read as follows:
§ 402.12
[Corrected]
TABLE 1 TO § 402.12
Column 1
Column 2
Column 3
Description of charges
Rate ($)
Montreal to or from
Lake Ontario
(5 locks)
Rate ($)
Welland Canal—
Lake Ontario to or
from Lake Erie
(8 locks)
*
*
*
*
A charge per pleasure craft per lock transited for full or partial transit of the Seaway, including applicable Federal taxes 3.
4 30.00
Item
*
4 ...............
*
*
*
*
*
Issued at Washington, DC, under authority
delegated at 49 CFR part 1.101 Great Lakes
St. Lawrence Seaway Development
Corporation.
Carrie Lavigne,
Chief Counsel.
[FR Doc. 2023–05636 Filed 3–17–23; 8:45 am]
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BILLING CODE 4910–61–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2021–0075; FRL–9361–01–
R4]
Air Plan Approval; Alabama; Update to
Materials Incorporated by Reference
Environmental Protection
Agency (EPA).
ACTION: Final rule; notice of
administrative change.
AGENCY:
The Environmental Protection
Agency (EPA) is updating the materials
SUMMARY:
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*
*
30.00
that are incorporated by reference (IBR)
into the Alabama State Implementation
Plan (SIP). The regulations affected by
this update have been previously
submitted by Alabama and approved by
EPA. EPA is also notifying the public of
corrections to the Code of Federal
Regulations (CFR) tables that identify
material incorporated by reference into
the Alabama SIP. This update affects the
materials that are available for public
inspection at the National Archives and
Records Administration (NARA) and the
EPA Regional Office.
DATES:
This action is effective March 20,
2023.
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]]>Agencies
[Federal Register Volume 88, Number 53 (Monday, March 20, 2023)]
[Rules and Regulations]
[Pages 16553-16556]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-05593]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2023-0220]
RIN 1625-AA00
Safety Zone; Atlantic Ocean, Cape Canaveral Offshore Launch Area,
FL
AGENCY: Coast Guard, Department of Homeland Security (DHS).
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary 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 1 rocket, which is being launched by
Relativity Space. The temporary safety zone will be located within the
Coast 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 1 rocket, flying over the U.S. Exclusive Economic Zone (EEZ).
DATES: This rule is effective without actual notice from March 20,
2023, through 4 p.m. on March 23, 2023. For the purposes of
enforcement, actual notice will be used from 10 a.m. on March 16, 2023,
through March 20, 2023.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2022-0220 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
Ryan.A.Gilbert[email protected].
SUPPLEMENTARY INFORMATION:
[[Page 16554]]
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 sea.\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 1 rocket.
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\3\ See 33 CFR 165.775.
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The Terran 1 will be the first rocket launched of the Terran
Program. Rockets built by Relativity 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 1 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 16, 2023, in order to protect
vessels and waterway users from the potential hazards associated with
the launch of the Terran 1 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 1 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 16, 2023, through March 23, 2023, from
10 a.m. to 4 p.m. each day, until the Terran 1 rocket is launched. Once
the Terran 1 rocket has been launched, the Coast Guard will notify the
public that the temporary safety zone has been cancelled, through a
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-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 1 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
[[Page 16555]]
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
1 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 1 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 1 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:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 46 U.S.C. 70034, 70051, 70124; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.3.
0
2. Add Sec. 165.T07-0220 to read as follows:
Sec. 165.T07-0220 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 World Geodetic System (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
[[Page 16556]]
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 1 rocket launch with
assets on scene to ensure the temporary safety zone is cleared of
persons and vessels.
(2) Once the Terran 1 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) Enforcement period. This section will be enforced from 10 a.m.
on March 16, 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 14, 2023.
Brendan C. McPherson,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard
District.
[FR Doc. 2023-05593 Filed 3-17-23; 8:45 am]
BILLING CODE 9110-04-P
