Federal Register - September 17, 2021
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Source: Federal Register
Federal Register / Vol. 86, No. 178 / Friday, September 17, 2021 / Proposed Rules listed in the FOR FURTHER INFORMATION
CONTACT section.
E. Unfunded Mandates Reform Act The Unfunded Mandates Reform Act of 1995 2 U.S.C. 15311538 requires Federal agencies to assess the effects of their discretionary regulatory actions. In particular, the Act addresses actions that may result in the expenditure by a State, local, or tribal government, in the aggregate, or by the private sector of $100,000,000 adjusted for inflation or more in any one year. Though this proposed rule would not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble.
F. Environment We have analyzed this proposed rule under Department of Homeland Security Directive 02301, 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. 43214370f, and have made a preliminary determination that this action is one of a category of actions that do not individually or cumulatively have a significant effect on the human environment. This proposed rule involves the activation of a regulated navigation area with exclusionary zones smaller than the existing safety zones. The activation of the RNA is expected to be an hour total.
Normally such actions are categorically excluded from further review under paragraph L60a of Appendix A, Table 1
of DHS Instruction Manual 02301
00101, Rev. 1. A preliminary Record of Environmental Consideration supporting this determination is available in the docket. For instructions on locating the docket, see the ADDRESSES section of this preamble. We seek any comments or information that may lead to the discovery of a significant environmental impact from this proposed rule.
will consider all comments and material received during the comment period.
Your comment can help shape the outcome of this rulemaking. If you submit a comment, please include the docket number for this rulemaking, indicate the specific section of this document to which each comment applies, and provide a reason for each suggestion or recommendation.
Submitting comments. We encourage you to submit comments through the Federal Decision Making Portal at https www.regulations.gov. To do so, go to https www.regulations.gov, type USCG20210661 in the search box and click Search. Next, look for this document in the Search Results column, and click on it. Then click on the Comment option. If you cannot submit your material by using https
www.regulations.gov, call or email the person in the FOR FURTHER INFORMATION
CONTACT section of this proposed rule for alternate instructions.
Viewing material in docket. To view documents mentioned in this proposed rule as being available in the docket, find the docket as described in the previous paragraph, and then select Supporting & Related Material in the Document Type column. Public comments will also be placed in our online docket and can be viewed by following instructions on the https
www.regulations.gov Frequently Asked Questions web page. We review all comments received, but we will only post comments that address the topic of the proposed rule. We may choose not to post off-topic, inappropriate, or duplicate comments that we receive.
Personal information. We accept anonymous comments. Comments we post to https www.regulations.gov will include any personal information you have provided. For more about privacy and submissions to the docket in response to this document, see DHSs eRulemaking System of Records notice 85 FR 14226, March 11, 2020.
List of Subjects in 33 CFR Part 165
G. Protest Activities The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that your message can be received without jeopardizing the safety or security of people, places, or vessels.
Harbors, Marine safety, Navigation water, Reporting and recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard proposes to amend 33 CFR part 165 as follows:
V. Public Participation and Request for Comments We view public participation as essential to effective rulemaking, and
VerDate Sep<11>2014
15:47 Sep 16, 2021
Jkt 253001
PART 165REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
Authority: 46 U.S.C. 70034, 70051; 33 CFR
1.051, 6.041, 6.046, and 160.5;
PO 00000
Frm 00013
Fmt 4702
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51847
Department of Homeland Security Delegation No. 00170.1, Revision No. 01.2.
2. Revise 165.775 to read as follows:
165.775 Regulated Navigation Area;
Launch Area Offshore Cape Canaveral, FL.
a Location. 1 The following area is a regulated navigation area RNA: All waters offshore Cape Canaveral from surface to bottom, encompassed by a line connecting the following points beginning with Point 1 at 284854 N, 802840 W; thence southwest to Point 2 at 284320 N, 8041 W; thence south along the shoreline to Point 3 at 282640 N, 803249 W; thence continuing south offshore to Point 4 at 2810 N, 802320 W; thence east Point 5 at 2810 N, 802113 W; thence north along the 12 nautical mile line back to Point 1. Coordinates are in WGS 1984.
These coordinates are based on the furthest north and south trajectories of typical rocket launch vehicles originating from Cape Canaveral.
2 While restrictions may be enforced anywhere within the boundaries of the RNA, there are five typical launch exclusion areas that cover the majority of rocket launches. Typical launch hazard areas include all navigable waters within the following coordinates, encompassed by a line starting at Point 1 connecting the following points:
i Northeast Launch Hazard Area:
Point Point Point Point Point Point
1
2
3
4
5
6
284747
284218
283913
283229
283400
283943
N
N
N
N
N
N
0802748
0803455
0803749
0803353
0802900
0802157
W
W
W
W
W
W
ii East Northeast Launch Hazard Area:
Point Point Point Point Point
1
2
3
4
5
284353
283610
283146
283442
284045
N
N
N
N
N
0802450
0803520
0803340
0802840
0802228
W
W
W
W
W
iii Large East Launch Hazard Area:
Point Point Point Point
1
2
3
4
284032
283914
282700
282735
N
N
N
N
0802221
0803748
0803155
0801748
W
W
W
W
iv Small East Launch Hazard Area:
Point Point Point Point Point
1
2
3
4
5
283828
283900
283800
283200
283132
N
N
N
N
N
0802124
0803100
0803658
0803345
0801835
W
W
W
W
W
v Southeast Launch Hazard Area:
Point 1
Point 2
E:FRFM17SEP1.SGM
283700 N
283548 N
17SEP1
0802900 W
0803459 W