SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations

DHS Department of Homeland Security

IAMD Integrated Air Missile Defense

LFX Live Fire Exercise

FR Federal Register

NPRM Notice of proposed rulemaking

§ Section

U.S.C. United States Code

USMC United States Marine Corps

II. Background Information and Regulatory History

The Coast Guard is issuing this temporary rule under the authority in 5 U.S.C. 553(b)(B). This statutory 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.” The Coast Guard finds that good cause exists for not publishing a notice of proposed rulemaking (NPRM) with respect to this rule because publishing an NPRM is impracticable. Prompt action is needed to ensure public safety from potential hazards associated with the launch. It is impracticable to publish an NPRM because we must establish this safety zone by the start of the IAMD LFX VS26 launch window that begins on June 30, 2026.

Also, 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 impracticable because prompt action is needed to respond to the potential safety hazards associated with Operation Vigilant Sentry 26 live fire exercise, which has a launch window of June 30 through July 01, 2026.

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 (COTP), U.S Coast Guard Forces Micronesia/Sector Guam has determined that potential hazards associated with the VS26 LFX will be a safety concern for anyone beneath the designated flight path within U.S. territorial seas. This rule is needed to protect personnel, vessels, and the marine environment in the navigable waters within the safety zone during launch operations.

IV. Discussion of the Rule

This rule establishes a safety zone for the hours of 10 a.m. to 6 p.m., daily, on June 30, 2026, through July 1, 2026, to align with the VS26 LFX launch window. The safety zone will correspond with the intercept missile flight path and cover all navigable waters above and below the surface bounded by the following coordinates: 13°40′1.704″ N, 144°50′36.672″ E to 13°37′52.86″ N, 144°54′26.244″ E extending along the boundary of U.S. territorial seas until 13°51′52.332″ N, 144°57′28.618″ E and 13°49′24.06″ N 145°01′17.22″ E.

The duration of the zone is intended to protect personnel, vessels, and the marine environment in these navigable waters during the launch window. No vessel or person will be permitted to enter the safety zone without obtaining permission from the COTP or their 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.

A. Impact on Small Entities

The regulatory flexibility analysis provisions of the Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, do not apply to rules that are not subject to notice and comment. Because the Coast Guard has, for good cause, waived the notice and comment requirement that would otherwise apply to this rulemaking, the Regulatory Flexibility Act's flexibility analysis provisions do not apply here.

Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104-121), if this rule will affect your small business, organization, or governmental jurisdiction and you have questions, contact the person listed in the FOR FURTHER INFORMATION CONTACT section.

Small businesses may send comments to the Small Business and Agriculture Regulatory Enforcement Ombudsman and the Regional Small Business Regulatory Fairness Boards by calling 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.

B. 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).

C. Federalism and Indian Tribal Governments

We have analyzed this rule under Executive Order 13132, Federalism, and have determined that it is consistent with the fundamental federalism principles and preemption requirements described in that Order.

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.

D. Unfunded Mandates Reform Act

As required by The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538), the Coast Guard certifies that this rule will not result in an annual expenditure of $100,000,000 or more (adjusted for inflation) by a State, local, or tribal government, in the aggregate, or by the private sector.

E. 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 et seq.), 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 a safety zone lasting only eight hours, daily, June 30 through July 1, 2026, that will prohibit entry within the designated boundary lines. It is categorically excluded from further review under paragraph L60a 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.

( printed page 36995)

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

91 FR 36993