Safety Zone; Gulf of Mexico and South Bay, Boca Chica Beach, TX, 17751-17753 [2024-05205]

Download as PDF Federal Register / Vol. 89, No. 49 / Tuesday, March 12, 2024 / Rules and Regulations khammond on DSKJM1Z7X2PROD with RULES to an individual may cause damage to national security. Additionally, in the collection of information for investigatory or law enforcement purposes it is not always possible to conclusively determine the relevance and necessity of particular information in the early stages of the investigation or adjudication. In some instances, it will be only after the collected information is evaluated in light of other information that its relevance and necessity for effective investigation and adjudication can be assessed. Collection of such information permits more informed decision-making by the Department when making required investigatory or law enforcement determinations. Accordingly, application of exemptions (k)(1) and (2) may be necessary. (D) Subsections (e)(4)(G) and (H). These subsections are inapplicable to the extent exemption is claimed from subsections (d)(1) and (2). (E) Subsection (e)(4)(I). To the extent that this provision is construed to require more detailed disclosure than the broad, generic information currently published in the system notice, an exemption from this provision is necessary to protect national security, the confidentiality of sources of information and to protect the privacy and physical safety of witnesses and informants. Accordingly, application of exemptions (k)(1) and (2) may be necessary. (F) Subsection (f). The agency’s rules are inapplicable to those portions of the system that are exempt. Accordingly, application of exemptions (k)(1) and (2) may be necessary. (iv) Exempt records from other systems. In the course of carrying out the overall purpose for this system, exempt records from other systems of records may in turn become part of the records maintained in this system. To the extent that copies of exempt records from those other systems of records are maintained in this system, the DoD claims the same exemptions for the records from those other systems that are entered into this system, as claimed for the prior system(s) of which they are a part, provided the reason for the exemption remains valid and necessary. Dated: March 6, 2024. Aaron T. Siegel, Alternate OSD Federal Register Liaison Officer, Department of Defense. [FR Doc. 2024–05142 Filed 3–11–24; 8:45 am] BILLING CODE 6001–FR–P VerDate Sep<11>2014 16:07 Mar 11, 2024 Jkt 262001 DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG–2024–0155] RIN 1625–AA00 Safety Zone; Gulf of Mexico and South Bay, Boca Chica Beach, TX Coast Guard, Department of Homeland Security (DHS). ACTION: Temporary final rule. AGENCY: The Coast Guard is establishing two temporary safety zones to protect personnel, vessels, and the marine environment from potential hazards created by commercial spaceflight activities. One safety zone is in the navigable waters of South Bay, TX and the other is in the navigable waters of the Gulf of Mexico, within 12 nautical miles. Entry of vessels or persons into these zones are prohibited unless specifically authorized by the Captain of the Port, Sector Corpus Christi (COTP) or a designated representative. SUMMARY: This rule is effective from March 14, 2024 through March 26, 2024, and subject to enforcement between the hours of 6 a.m. to noon, each day. ADDRESSES: To view documents mentioned in this preamble as being available in the docket, go to https:// www.regulations.gov, type USCG–2024– 0155 in the ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ Click on Open Docket Folder on the line associated with this rule. FOR FURTHER INFORMATION CONTACT: If you have questions about this rule, call or email Lieutenant Commander Anthony Garofalo, Sector Corpus Christi Waterways Management Division, U.S. Coast Guard; telephone 361–939–5130, email Anthony.M.Garofalo@uscg.mil. SUPPLEMENTARY INFORMATION: DATES: I. Table of Abbreviations 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 Information and Regulatory History The Coast Guard is issuing this temporary rule without prior notice and opportunity to comment pursuant to 5 U.S.C. 553(b). This provision authorizes an agency to issue a rule without prior notice and opportunity to comment PO 00000 Frm 00059 Fmt 4700 Sfmt 4700 17751 when the agency for good cause finds that those procedures are ‘‘impracticable, unnecessary, or contrary to the public interest.’’ Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause exists for not publishing a notice of proposed rulemaking (NPRM) with respect to this rule because it is impracticable. Space Exploration Technologies Corporation (SpaceX) will begin operation of its Starship/Super Heavy launch operations on March 14, 2024, through March 26, 2024, each day. There is insufficient time between now and then to provide notice of a proposal to create these safety zones, consider comments received, and publish a final rule. In addition, the Coast Guard finds that good cause also exists under 5 U.S.C. 553(d)(3) for making this rule effective less than 30 days after publication in the Federal Register because the safety zones must be in effect in fewer than 30 days to serve their purpose and it would be contrary to the public interest to delay their effective date until after the hazardous activities begin. III. Legal Authority and Need for Rule The Coast Guard is issuing this rule under authority in 46 U.S.C. 70034. The Captain of the Port, Sector Corpus Christi (COTP) has determined that hazards inherent in rocket launching activity necessitate provisions to protect personnel, vessels, and the marine environment while it is taking place. The hazards inherent in SpaceX’s rocket launching activities include free falling debris and/or descending vehicles or vehicle components. IV. Discussion of the Rule This rule is subject to enforcement from 6 a.m. to noon each day, from March 14, 2024, through March 26, 2024. No vessel or person will be permitted to enter the temporary safety zones during the period in which the rule is subject to enforcement without obtaining permission from the COTP or a designated representative, who may be contacted on Channel 16 VHF–FM (156.8 MHz) or by telephone at 361– 939–0450. The Coast Guard will issue Broadcast Notices to Mariners, Local Notices to Mariners, and/or Safety Marine Information Broadcasts as appropriate. 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. E:\FR\FM\12MRR1.SGM 12MRR1 17752 Federal Register / Vol. 89, No. 49 / Tuesday, March 12, 2024 / Rules and Regulations A. Regulatory Planning and Review Executive Orders 12866 and 13563 direct agencies to assess the costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits. This rule has not been designated a ‘‘significant regulatory action,’’ under Executive Order 12866, as amended by Executive Order 14094 (Modernizing Regulatory Review). Accordingly, this rule has not been reviewed by the Office of Management and Budget (OMB). This regulatory action determination is based on the size, location, and duration of the safety zones. The safety zones cover approximately 4.5 square mile area of the South Bay and approximately 115 square mile area of the Gulf of Mexico offshore Boca Chica, Beach, TX. The temporary safety zones will be subject to enforcement for a period of 6 hours a day, from March 14, 2024, through March 26, 2024. The rule does not completely prohibit vessel traffic within the waterway and it allows mariners to request permission to enter the zones. khammond on DSKJM1Z7X2PROD with RULES B. Impact on Small Entities The Regulatory Flexibility Act of 1980, 5 U.S.C. 601–612, as amended, requires Federal agencies to consider the potential impact of regulations on small entities during rulemaking. The term ‘‘small entities’’ comprises small businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations of less than 50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will not have a significant economic impact on a substantial number of small entities. While some owners or operators of vessels intending to transit the temporary safety zone may be small entities, for the reasons stated in section V.A above, this rule will not have a significant economic impact on any vessel owner or operator. Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104–121), we want to assist small entities in understanding this rule. If the rule would affect your small business, organization, or governmental jurisdiction and you have questions concerning its provisions or options for compliance, please contact the person listed in the FOR FURTHER INFORMATION CONTACT section. Small businesses may send comments on the actions of Federal employees who enforce, or otherwise determine VerDate Sep<11>2014 16:07 Mar 11, 2024 Jkt 262001 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. If you believe this rule has implications for federalism or Indian tribes, please contact the person listed in the FOR FURTHER INFORMATION CONTACT section above. E. Unfunded Mandates Reform Act The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531–1538) requires Federal agencies to assess the effects of their discretionary regulatory actions. In particular, the Act addresses actions that may result in the expenditure by a State, local, or tribal government, in the aggregate, or by the private sector of $100,000,000 (adjusted for inflation) or more in any one year. Though this rule will not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble. PO 00000 Frm 00060 Fmt 4700 Sfmt 4700 F. Environment We have analyzed this rule under Department of Homeland Security Directive 023–01 and Environmental Planning COMDTINST 5090.1 (series), which guide the Coast Guard in complying with the National Environmental Policy Act of 1969 (42 U.S.C. 4321–4370f), and have determined that this action is one of a category of actions that do not individually or cumulatively have a significant effect on the human environment. This rule involves establishment of two temporary safety zones for navigable waters in the Gulf of Mexico and South Bay. The safety zones are needed to protect personnel, vessels, and the marine environment from potential hazards created by rocket launching activity that may include free falling debris and/or descending vehicles or vehicle components under various means of control. It is categorically excluded from further review under paragraph L60(c), in Appendix A, Table 1 of DHS Instruction Manual 023–01–001–01, Rev. 1. G. Protest Activities The Coast Guard respects the First Amendment rights of protesters. Protesters are asked to contact the person listed in the FOR FURTHER INFORMATION CONTACT section to coordinate protest activities so that your message can be received without jeopardizing the safety or security of people, places or vessels. List of Subjects in 33 CFR Part 165 Harbors, Marine safety, Navigation (water), Reporting and recordkeeping requirements, Security measures, Waterways. For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 165 as follows: PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS 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.T08–0155 to read as follows: ■ § 165.T08–0155 Safety Zones; Gulf of Mexico and South Bay, Boca Chica Beach, TX. (a) Location. The following areas are safety zones: Safety Zone A consists of all navigable waters of the Gulf of Mexico, from the surface to bottom, encompassed by a line connecting the E:\FR\FM\12MRR1.SGM 12MRR1 Federal Register / Vol. 89, No. 49 / Tuesday, March 12, 2024 / Rules and Regulations following points beginning at Point 1: 26°2′36″ N 097°9′8″ W, thence to Point 2: 26°3′0″ N 097°7′0″ W, thence to Point 3: 26°7′48″ N 096°56′2.2″ W, thence following the 12NM line to United States of America/Mexico Maritime Boundary Line, thence following the United States of America/Mexico Maritime Boundary Line to Point 4: 25°57′24.2″ N 097°8′49″ W, thence following the coast to Point 1. Safety Zone B consists of all navigable waters of South Bay, from the surface to bottom, encompassed by a line connecting the following points beginning at Point 5: 26°2′45″ N 097°11′6.3″ W, thence to Point 6: 26°2′45″ N 097°10′53.4″ W, thence following the coastline to Point 5. These coordinates are based on World Geodetic System (WGS) 84. (b) Enforcement period. This section will be subject to enforcement from 6 a.m. to noon on each day, from March 14, 2024, through March 26, 2024. (c) Regulations. (1) In accordance with the general regulations in § 165.23 of this part, entry into these temporary safety zones are prohibited unless authorized by the Captain of the Port Sector Corpus Christi (COTP) or a designated representative. They may be contacted on Channel 16 VHF–FM (156.8 MHz) or by telephone at 361– 939–0450. (2) If permission is granted, all persons and vessels shall comply with the instructions of the COTP or designated representative. (d) Information broadcasts. The COTP or a designated representative will inform the public of the enforcement times and date for this safety zone through Broadcast Notices to Mariners, Local Notices to Mariners, and/or Safety Marine Information Broadcasts as appropriate. Dated: March 6, 2024. Jason Gunning, Captain, U.S. Coast Guard, Captain of the Port, Sector Corpus Christi. [FR Doc. 2024–05205 Filed 3–11–24; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF EDUCATION 34 CFR Chapter II khammond on DSKJM1Z7X2PROD with RULES [Docket ID ED–2023–OELA–0132] Final Priorities, Requirements, and Definitions—National Professional Development Program Office of English Language Acquisition, Department of Education. ACTION: Final priorities, requirements, and definitions. AGENCY: VerDate Sep<11>2014 16:07 Mar 11, 2024 Jkt 262001 The Department of Education (Department) establishes these final priorities, requirements, and definitions for use in the National Professional Development (NPD) program, Assistance Listing Number 84.365Z. The Department may use one or more of these priorities, requirements, and definitions for competitions in fiscal year (FY) 2024 and later years. We intend for these priorities, requirements, and definitions to increase the number of bilingual and multilingual teachers supporting English learners (ELs). DATES: These priorities, requirements, and definitions are effective April 11, 2024. FOR FURTHER INFORMATION CONTACT: Francisco Javier Lo´pez, U.S. Department of Education, 400 Maryland Avenue SW, Washington, DC 20202. Telephone: (202) 558–4880. Email: Francisco.Javier. Lopez@ed.gov. If you are deaf, hard of hearing, or have a speech disability and wish to access telecommunications relay services, please dial 7–1–1. SUPPLEMENTARY INFORMATION: Purpose of Program: The NPD program, authorized by sections 3111(c)(1)(C) and 3131 of the ESEA, provides grants to IHEs or public or private entities with relevant experience and capacity, in consortia with State educational agencies (SEAs) or local educational agencies (LEAs), to implement pre-service and in-service professional development activities intended to improve instruction for ELs and assist education personnel working with ELs to meet high professional standards. Program Authority: 20 U.S.C. 6861. We published a notice of proposed priorities, requirements, and definitions (NPP) for this program in the Federal Register on September 15, 2023 (88 FR 63543). The NPP contained background information and our reasons for proposing the priorities, requirements, and definitions. As discussed in the Analysis of Comments and Changes section of this document, we revised the definition of ‘‘pre-service’’ to ensure that GYO programs are part of, and aligned with, State-approved, Stateregistered pre-service programs. In addition, we added a priority (Final Priority 2) to specifically address the recruitment, preparation, and retention needs of emergent bilingual or multilingual teacher candidates (i.e., not yet bilingual or multilingual, or not yet fully licensed or certified as a teacher, or both) and adjusted the numbering of the priorities accordingly. Next, we revised Priority 4 (formerly Proposed Priority 3) to include school leaders and SUMMARY: PO 00000 Frm 00061 Fmt 4700 Sfmt 4700 17753 individuals who are pursuing an additional credential to work in a multilingual setting. Additionally, we consolidated the strategies in Final Priority 1 along with clarifying that the term ‘‘evidence-based’’ in Final Priorities 1, 2, and 4 is as defined in 34 CFR 77.1(c). Finally, we simplified the definition of ‘‘low-income’’ for clarity and opted for the term ‘‘student from a low-income background’’ instead of ‘‘low-income student’’ as well as clarified the definition of ‘‘bilingual or multilingual.’’ Public Comment: In response to our invitation in the NPP, 35 parties submitted comments addressing the proposed priorities, requirements, and definitions. We group major issues according to subject. Generally, we do not address technical and other minor changes or suggested changes that the law does not authorize us to make under the applicable statutory authority. Analysis of Comments and Changes: An analysis of the comments and of any changes in the priorities, requirements, and definitions since publication of the NPP follows. General Comments Comment: Eighteen commenters expressed support for the Department’s efforts to meet the needs of our Nation’s multilingual students by addressing the teacher shortage. Many of these commenters applauded the Department’s emphasis on GYO strategies. Several commenters noted the timeliness of the proposed priorities and the Secretary’s Raise the Bar initiative. More specifically, a couple of commenters emphasized the need for such pre-service programs while others emphasized the importance of the inservice training articulated in Final Priority 4. Discussion: We appreciate the support for the NPD program and for the specific emphasis on increasing the numbers of bilingual and multilingual teachers, specifically through GYO strategies, improving instruction for ELs, and promoting pathways to multilingualism for all students. Changes: None. Comment: Three commenters offered broad strategies for the Department and the field to consider, noting the importance of incentives to encourage participation. One of these commenters expressed the importance of incentivizing participation specifically in GYO programs. In addition, this commenter detailed numerous strategies to address the shortage of multilingual teachers. Two of the three commenters recommended that the Department provide targeted incentives for current E:\FR\FM\12MRR1.SGM 12MRR1

Agencies

[Federal Register Volume 89, Number 49 (Tuesday, March 12, 2024)]
[Rules and Regulations]
[Pages 17751-17753]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-05205]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2024-0155]
RIN 1625-AA00


Safety Zone; Gulf of Mexico and South Bay, Boca Chica Beach, TX

AGENCY: Coast Guard, Department of Homeland Security (DHS).

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing two temporary safety zones to 
protect personnel, vessels, and the marine environment from potential 
hazards created by commercial spaceflight activities. One safety zone 
is in the navigable waters of South Bay, TX and the other is in the 
navigable waters of the Gulf of Mexico, within 12 nautical miles. Entry 
of vessels or persons into these zones are prohibited unless 
specifically authorized by the Captain of the Port, Sector Corpus 
Christi (COTP) or a designated representative.

DATES: This rule is effective from March 14, 2024 through March 26, 
2024, and subject to enforcement between the hours of 6 a.m. to noon, 
each day.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2024-0155 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions about this rule, 
call or email Lieutenant Commander Anthony Garofalo, Sector Corpus 
Christi Waterways Management Division, U.S. Coast Guard; telephone 361-
939-5130, 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 Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice 
and opportunity to comment pursuant to 5 U.S.C. 553(b). This provision 
authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking (NPRM) 
with respect to this rule because it is impracticable. Space 
Exploration Technologies Corporation (SpaceX) will begin operation of 
its Starship/Super Heavy launch operations on March 14, 2024, through 
March 26, 2024, each day. There is insufficient time between now and 
then to provide notice of a proposal to create these safety zones, 
consider comments received, and publish a final rule.
    In addition, the Coast Guard finds that good cause also exists 
under 5 U.S.C. 553(d)(3) for making this rule effective less than 30 
days after publication in the Federal Register because the safety zones 
must be in effect in fewer than 30 days to serve their purpose and it 
would be contrary to the public interest to delay their effective date 
until after the hazardous activities begin.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C. 
70034. The Captain of the Port, Sector Corpus Christi (COTP) has 
determined that hazards inherent in rocket launching activity 
necessitate provisions to protect personnel, vessels, and the marine 
environment while it is taking place. The hazards inherent in SpaceX's 
rocket launching activities include free falling debris and/or 
descending vehicles or vehicle components.

IV. Discussion of the Rule

    This rule is subject to enforcement from 6 a.m. to noon each day, 
from March 14, 2024, through March 26, 2024. No vessel or person will 
be permitted to enter the temporary safety zones during the period in 
which the rule is subject to enforcement without obtaining permission 
from the COTP or a designated representative, who may be contacted on 
Channel 16 VHF-FM (156.8 MHz) or by telephone at 361-939-0450. The 
Coast Guard will issue Broadcast Notices to Mariners, Local Notices to 
Mariners, and/or Safety Marine Information Broadcasts as appropriate.

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.

[[Page 17752]]

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. This rule has not been designated a ``significant 
regulatory action,'' under Executive Order 12866, as amended by 
Executive Order 14094 (Modernizing Regulatory Review). Accordingly, 
this rule has not been reviewed by the Office of Management and Budget 
(OMB).
    This regulatory action determination is based on the size, 
location, and duration of the safety zones. The safety zones cover 
approximately 4.5 square mile area of the South Bay and approximately 
115 square mile area of the Gulf of Mexico offshore Boca Chica, Beach, 
TX. The temporary safety zones will be subject to enforcement for a 
period of 6 hours a day, from March 14, 2024, through March 26, 2024. 
The rule does not completely prohibit vessel traffic within the 
waterway and it allows mariners to request permission to enter the 
zones.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, requires Federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule 
will not have a significant economic impact on a substantial number of 
small entities.
    While some owners or operators of vessels intending to transit the 
temporary safety zone may be small entities, for the reasons stated in 
section V.A above, this rule will not have a significant economic 
impact on any vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this rule. If the rule would affect your 
small business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

C. Collection of Information

    This rule will not call for a new collection of information under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial, direct effect on the States, on 
the relationship between the national government and the States, or on 
the distribution of power and responsibilities among the various levels 
of government. We have analyzed this rule under that order and have 
determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, this rule does not have tribal implications under Executive 
Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it does not have a substantial direct effect on 
one or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes. If 
you believe this rule has implications for federalism or Indian tribes, 
please contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section above.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 (adjusted for 
inflation) or more in any one year. Though this rule will not result in 
such an expenditure, we do discuss the effects of this rule elsewhere 
in this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security 
Directive 023-01 and Environmental Planning COMDTINST 5090.1 (series), 
which guide the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have 
determined that this action is one of a category of actions that do not 
individually or cumulatively have a significant effect on the human 
environment. This rule involves establishment of two temporary safety 
zones for navigable waters in the Gulf of Mexico and South Bay. The 
safety zones are needed to protect personnel, vessels, and the marine 
environment from potential hazards created by rocket launching activity 
that may include free falling debris and/or descending vehicles or 
vehicle components under various means of control. It is categorically 
excluded from further review under paragraph L60(c), in Appendix A, 
Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places or vessels.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority:  46 U.S.C. 70034, 70051, 70124; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No. 
00170.1, Revision No. 01.3.


0
2. Add Sec.  165.T08-0155 to read as follows:


Sec.  165.T08-0155  Safety Zones; Gulf of Mexico and South Bay, Boca 
Chica Beach, TX.

    (a) Location. The following areas are safety zones: Safety Zone A 
consists of all navigable waters of the Gulf of Mexico, from the 
surface to bottom, encompassed by a line connecting the

[[Page 17753]]

following points beginning at Point 1: 26[deg]2'36'' N 097[deg]9'8'' W, 
thence to Point 2: 26[deg]3'0'' N 097[deg]7'0'' W, thence to Point 3: 
26[deg]7'48'' N 096[deg]56'2.2'' W, thence following the 12NM line to 
United States of America/Mexico Maritime Boundary Line, thence 
following the United States of America/Mexico Maritime Boundary Line to 
Point 4: 25[deg]57'24.2'' N 097[deg]8'49'' W, thence following the 
coast to Point 1. Safety Zone B consists of all navigable waters of 
South Bay, from the surface to bottom, encompassed by a line connecting 
the following points beginning at Point 5: 26[deg]2'45'' N 
097[deg]11'6.3'' W, thence to Point 6: 26[deg]2'45'' N 
097[deg]10'53.4'' W, thence following the coastline to Point 5. These 
coordinates are based on World Geodetic System (WGS) 84.
    (b) Enforcement period. This section will be subject to enforcement 
from 6 a.m. to noon on each day, from March 14, 2024, through March 26, 
2024.
    (c) Regulations. (1) In accordance with the general regulations in 
Sec.  165.23 of this part, entry into these temporary safety zones are 
prohibited unless authorized by the Captain of the Port Sector Corpus 
Christi (COTP) or a designated representative. They may be contacted on 
Channel 16 VHF-FM (156.8 MHz) or by telephone at 361-939-0450.
    (2) If permission is granted, all persons and vessels shall comply 
with the instructions of the COTP or designated representative.
    (d) Information broadcasts. The COTP or a designated representative 
will inform the public of the enforcement times and date for this 
safety zone through Broadcast Notices to Mariners, Local Notices to 
Mariners, and/or Safety Marine Information Broadcasts as appropriate.

    Dated: March 6, 2024.
Jason Gunning,
Captain, U.S. Coast Guard, Captain of the Port, Sector Corpus Christi.
[FR Doc. 2024-05205 Filed 3-11-24; 8:45 am]
BILLING CODE 9110-04-P
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