[Federal Register Volume 73, Number 160 (Monday, August 18, 2008)]
[Proposed Rules]
[Pages 48162-48165]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-18996]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2008-0411]
RIN 1625-AA00


Safety Zone; Captain of the Port Zone Jacksonville; Offshore Cape 
Canaveral, FL

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes establishment of four safety zones to 
protect infrastructure and marine traffic from the hazards associated 
with recurring space vehicle launches from Cape Canaveral Air Force 
Station (CCAFS). The safety zones extend from the shoreline to points 
approximately 12 nautical miles offshore and will only be activated and 
enforced during pre-launch hours and terminate approximately 15 minutes 
after a successful launch. This action is necessary to protect marine 
traffic from the hazards associated with the launching of space 
vehicles; expedite notification to the public of such launches and also 
reduce the

[[Page 48163]]

administrative workload of the Coast Guard.

DATES: Comments and related material must reach the Coast Guard on or 
before October 17, 2008.

ADDRESSES: You may submit comments identified by Coast Guard docket 
number USCG-2008-0411 to the Docket Management Facility at the U.S. 
Department of Transportation. To avoid duplication, please use only one 
of the following methods:
    (1) Online: http://www.regulations.gov.
    (2) Mail: Docket Management Facility (M-30), U.S. Department of 
Transportation, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590-0001.
    (3) Hand delivery: Room W12-140 on the Ground Floor of the West 
Building, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The 
telephone number is 202-366-9329.
    (4) Fax: 202-493-2251.

FOR FURTHER INFORMATION CONTACT: If you have questions about the 
proposed rule, call Ensign Ysabel Vandeputte at Coast Guard Sector 
Jacksonville Prevention Department (904) 564-7566. If you have 
questions on viewing or submitting material to the docket, call Renee 
V. Wright, Program Manager, Docket Operations, telephone (202) 366-
9826.

SUPPLEMENTARY INFORMATION:

Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related materials. All comments received will be posted, 
without change, to http://www.regulations.gov and will include any 
personal information you have provided. We have an agreement with the 
Department of Transportation (DOT) to use the Docket Management 
Facility. Please see DOT's ``Privacy Act'' paragraph below.

Submitting Comments

    If you submit a comment, please include the docket number for this 
rulemaking (USCG-2008-0411), indicate the specific section of this 
document to which each comment applies, and give the reason for each 
comment. We recommend that you include your name and a mailing address, 
an e-mail address, or a phone number in the body of your document so 
that we can contact you if we have questions regarding your submission. 
You may submit your comments and material by electronic means, mail, 
fax, or delivery to the Docket Management Facility at the address under 
ADDRESSES; but please submit your comments and material by only one 
means. If you submit them by mail or delivery, submit them in an 
unbound format, no larger than 8\1/2\ by 11 inches, suitable for 
copying and electronic filing. If you submit them by mail and would 
like to know that they reached the Facility, please enclose a stamped, 
self-addressed postcard or envelope. We will consider all comments and 
material received during the comment period. We may change this 
proposed rule in view of them.

Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to http://www.regulations.gov at 
any time. Enter the docket number for this rulemaking (USCG-2008-0411) 
in the Search box, and click ``Go >>.'' You may also visit either the 
Docket Management Facility in Room W12-140 on the ground floor of the 
DOT West Building, 1200 New Jersey Avenue, SE., Washington, DC 20590, 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays; or the Coast Guard Sector Jacksonville Prevention Department, 
4200 Ocean Street, Atlantic Beach, Florida 32233, between 8 a.m. and 4 
p.m., Monday through Friday, except Federal holidays.

Privacy Act

    Anyone can search the electronic form of all comments received into 
any of our dockets by the name of the individual submitting the comment 
(or signing the comment, if submitted on behalf of an association, 
business, labor union, etc.). You may review the Department of 
Transportation's Privacy Act Statement in the Federal Register 
published on April 11, 2000 (65 FR 19477), or you may visit http://DocketsInfo.dot.gov.

Public Meeting

    We do not plan to hold a public meeting. You may submit a request 
for a meeting by writing to Coast Guard Sector Jacksonville at the 
address under ADDRESSES explaining why one would be beneficial. If we 
determine that one would aid this rulemaking, we will hold one at a 
time and place announced by a later notice in the Federal Register.

Background and Purpose

    Space vehicle launches from CCAFS occur throughout the year and 
have a decided impact on the waters offshore Cape Canaveral. These 
waters are located within the boundaries of Seventh Coast Guard 
District, Captain of the Port (COTP) Zone Jacksonville, as defined by 
CFR Sec.  3.35-20. Currently, CCAFS launches 12 to 15 vehicles per 
year. For each launch, the Coast Guard activates and enforces the 
security zone in 33 CFR 165.701. The offshore portion of this security 
zone extends three miles from the baseline. However, to ensure the 
safety of all maritime interests, CCAFS has requested an additional 
safety buffer be added to an extent reaching 12 nautical miles 
offshore, the maximum distance from baseline for which the COTP has 
jurisdictional authority to establish safety zones. Presently, for each 
space vehicle launch, CCAFS requests, and the Coast Guard creates, a 
Temporary Final Rule establishing a safety zone from the baseline out 
to 12 nautical miles. This temporary safety zone covers an area of the 
Atlantic Ocean that commences at the shoreline and extends 3 miles 
either side of the launch azimuth bearing out to 12 nautical miles. 
Issuing individual Temporary Final Rules for each launch has created a 
significant administrative burden on the Coast Guard. In 2007, the 
Coast Guard issued, 12 temporary regulations. In addition to the 
administrative burden, the repeated temporary rules have caused 
confusion among maritime interests who must adjust plans and operations 
to each new and different temporary zone. This problem will worsen in 
the near future as CCAFS pursues more robust launch schedules.
    Furthermore, the unpredictability of weather causes a significant 
proportion of launches to be delayed. Any delay precludes suitable 
notification to the public on the effective date and time safety zones 
are enacted and enforced. The Coast Guard must therefore create 
temporary final rules that sometimes are not completed until days or 
hours before the event. This delayed notification to the public 
potentially places maritime interests at risk.
    This proposed rule will significantly relieve the administrative 
burden on the Coast Guard, and at the same time allow the Coast Guard 
to notify the public of launch area restrictions in a timely manner. 
The public notification of launch date and time along with a 
description of the regulated zone will be furnished via Broadcast 
Notice to Mariners, Public Notices, and on-scene Patrol Commanders.

Discussion of Proposed Rule

    The proposed rule will come into effect 45 minutes prior to launch 
and terminate approximately 15 minutes

[[Page 48164]]

after successful launch. Because space vehicles may be launched from 
any number of launch pads at CCAFS, four safety zones are proposed to 
accommodate all potential launch azimuths. It is likely, however, that 
only one of the four safety zones will be activated and enforced for 
any particular launch. Safety zones described herein are not meant to 
replace the designated Coast Guard security zone as described in 33 CFR 
165.701 that extends three miles from the baseline. These safety zones 
will be enforced in conjunction with the aforementioned security zone. 
The proposed safety zones will overlap the existing security zone 
providing an additional safety margin from three to 12 nautical miles.
    Defining the safety zones was a collaborative effort between the 
U.S. Air Force, 45th Space Wing Range Operations and Safety Departments 
and the U.S. Coast Guard Space Transportation Systems Program Office in 
Port Canaveral, FL. Each safety zone was created using historical 
launch azimuth data. In addition, future potential launch trajectories 
were also considered. Safety zone coordinates are defined below:
    Zone (A) is defined by four latitude and longitude corner points. 
Zone A originates at position 28[deg]45'42'' N, 080[deg]42'42'' W; then 
proceeds northeast to 28[deg]50'6'' N, 080[deg]29'54'' W; then proceeds 
southeast to 28[deg]31'18'' N, 080[deg]19'36'' W; then proceeds west at 
position 28[deg]31'18'' N, 080[deg]33'24'' W.
    Zone (B) is defined by four latitude and longitude corner points. 
Zone B originates at position 28[deg]40'6'' N, 080[deg]38'24'' W; then 
proceeds northeast to 28[deg]48'48'' N, 080[deg]28'54'' W; then 
proceeds southeast to 28[deg]29'42'' N, 080[deg]18'54'' W; then 
proceeds west at position 28[deg]29'42'' N, 080[deg]31'36'' W.
    Zone (C) is defined by four latitude and longitude corner points. 
Zone C originates at position 28[deg]36'12'' N, 080[deg]35'18'' W; then 
proceeds northeast to 28[deg]45'24'' N, 080[deg]25'12'' W; then 
proceeds south to 28[deg]26' N, 080[deg]20'48'' W; then proceeds west 
at position 28[deg]26' N, 080[deg]34'24'' W.
    Zone (D) is defined by four latitude and longitude corner points. 
Zone D originates at position 28[deg]31'36'' N, 080[deg]34' W; then 
proceeds east to 28[deg]31'36'' N, 080[deg]20'6'' W; then proceeds 
south to 28[deg]16'42'' N, 080[deg]23'18'' W; then proceeds northwest 
at position 28[deg]21'36'' N, 080[deg]36'6'' W.

Regulatory Analyses

    We developed this proposed rule after considering numerous statutes 
and executive orders related to rulemaking. Below we summarize our 
analysis based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    This proposed rule is not a significant regulatory action under 
section 3(f) of Executive Order 12866, Regulatory Planning and Review, 
and does not require an assessment of potential costs and benefits 
under section 6(a)(3) of that Order. The Office of Management and 
Budget has not reviewed it under that Order.
    We expect the economic impact of this proposed rule to be so 
minimal that a full Regulatory Evaluation is unnecessary. Safety zones 
will be enacted 45 minutes prior to launch time and only extend 15 
minutes beyond a successful launch. During this time, no vessel will be 
permitted to transit through the safety zone.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this proposed rule would have a significant economic 
impact on a substantial number of small entities. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this proposed 
rule would not have a significant economic impact on a substantial 
number of small entities. Total time of safety zone activation and thus 
restriction to the public is expected to be one hour per launch. We do 
not anticipate any significant economic impact resulting from 
activation of the safety zone(s).
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this proposed rule so that they can better 
evaluate its effects on them and participate in the rulemaking. If the 
proposed rule would affect your small business, organization, or 
governmental jurisdiction and you have questions concerning its 
provisions or options for compliance, please contact Ensign Ysabel 
Vandeputte at Coast Guard Sector Jacksonville Prevention Department 
(904) 564-7566. 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.

Collection of Information

    This proposed rule would call for no new collection of information 
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on State or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. We have analyzed this proposed rule 
under that Order and have determined that it does not have implications 
for federalism.

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 or more in any 
one year. Though this proposed rule would not result in such an 
expenditure, we do discuss the effects of this rule elsewhere in this 
preamble.

Taking of Private Property

    This proposed rule would not effect a taking of private property or 
otherwise have taking implications under Executive Order 12630, 
Governmental Actions and Interference with Constitutionally Protected 
Property Rights.

Civil Justice Reform

    This proposed rule meets applicable standards in sections 3(a) and 
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize 
litigation, eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this proposed rule under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety 
Risks. This rule is not an economically significant rule and would not 
create an environmental risk to health or risk to safety that might 
disproportionately affect children.

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Indian Tribal Governments

    This proposed rule does not have tribal implications under 
Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it would not have a substantial direct effect on 
one or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes. We 
invite your comments on how this proposed rule might impact tribal 
governments, even if that impact may not constitute a ``tribal 
implication'' under the Order.

Energy Effects

    We have analyzed this proposed rule under Executive Order 13211, 
Actions Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that order because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. The Administrator of the Office of Information and 
Regulatory Affairs has not designated it as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency provides Congress, 
through the Office of Management and Budget, with an explanation of why 
using these standards would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., specifications of materials, performance, design, or 
operation; test methods; sampling procedures; and related management 
systems practices) that are developed or adopted by voluntary consensus 
standards bodies.
    This proposed rule does not use technical standards. Therefore, we 
did not consider the use of voluntary consensus standards.

Environment

    We have analyzed this proposed rule under Commandant Instruction 
M16475.lD and Department of Homeland Security Management Directive 
5100.1, which guide the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and 
have made a preliminary determination that this action is not likely to 
have a significant effect on the human environment. A preliminary 
Environmental Analysis Check List supporting this preliminary 
determination is available in the docket where indicated under 
ADDRESSES. We seek any comments or information that may lead to the 
discovery of a significant environmental impact from this proposed 
rule.
    We seek any comments or information that may lead to the discovery 
of a significant environmental impact from this proposed rule.

List of Subjects in 33 CFR Part 165

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

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

    Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701; 50 
U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Pub. L. 
107-295, 116 Stat. 2064; Department of Homeland Security Delegation 
No. 0170.1.

    2. Add Sec.  165.775 to read as follows:


Sec.  165.775  Safety Zone; Captain of the Port Zone Jacksonville; 
Offshore Cape Canaveral, Florida.

    (a) Regulated Area. (1) Zone (A) is defined by four latitude and 
longitude corner points. Zone A originates at position 28[deg]45'42'' 
N, 080[deg]42'42'' W; then proceeds northeast to 28[deg]50'6'' N, 
080[deg]29'54'' W; then proceeds southeast to 28[deg]31'18'' N, 
080[deg]19'36'' W; then proceeds west at position 28[deg]31'18'' N, 
080[deg]33'24'' W.
    (2) Zone (B) is defined by four latitude and longitude corner 
points. Zone B originates at position 28[deg]40'6'' N, 080[deg]38'24'' 
W; then proceeds northeast to 28[deg]48'48'' N, 080[deg]28'54'' W; then 
proceeds southeast to 28[deg]29'42'' N, 080[deg]18'54'' W; then 
proceeds west at position 28[deg]29'42'' N, 080[deg]31'36'' W.
    (3) Zone (C) is defined by four latitude and longitude corner 
points. Zone C originates at position 28[deg]36'12'' N, 080[deg]35'18'' 
W; then proceeds northeast to 28[deg]45'24'' N, 080[deg]25'12'' W; then 
proceeds south to 28[deg]26' N, 080[deg]20'48'' W; then proceeds west 
at position 28[deg]26' N, 080[deg]34'24'' W.
    (4) Zone (D) is defined by four latitude and longitude corner 
points. Zone D originates at position 28[deg]31'36'' N, 080[deg]34' W; 
then proceeds east to 28[deg]31'36'' N, 080[deg]20'6'' W; then proceeds 
south to 28[deg]16'42'' N, 080[deg]23'18'' W; then proceeds northwest 
at position 28[deg]21'36'' N, 080[deg]36'6'' W.
    (b) Definitions. The following definitions apply to this section:
    Designated representative means Coast Guard Patrol Commanders 
including Coast Guard coxswains, petty officers and other officers 
operating Coast Guard vessels, and federal, state, and local officers 
designated by or assisting the Captain of the Port (COTP) Jacksonville 
in the enforcement of regulated navigation areas, safety zones, and 
security zones.
    (c) Regulations. In accordance with the general regulations in 
Sec.  165.23 of this part, anchoring, mooring or transiting in this 
zone is prohibited unless authorized by the Coast Guard Captain of the 
Port Jacksonville or his designated representative.
    (d) Notice of a Safety Zone. The proposed safety zones are 
temporary in nature and will only be enacted and enforced prior to, and 
just after a successful launch. The COTP will inform the public of the 
existence or status of the safety zone by Broadcast Notice to Mariners 
on VHF-FM channel 16, Public Notice, and on-scene presence. Coast Guard 
assets or other Federal, State, or local law enforcement assets will be 
clearly identified by lights, markings, or with agency insignia.
    (e) Contact Information. The COTP Jacksonville may be reached by 
telephone at (904) 564-7513. Any on-scene Coast Guard or designated 
representative assets may be reached on VHF-FM channel 16.

    Dated: June 19, 2008.
Paul F. Thomas,
Captain, U.S. Coast Guard, Captain of the Port Jacksonville.
[FR Doc. E8-18996 Filed 8-15-08; 8:45 am]
BILLING CODE 4910-15-P