Proposed Rule2021-20105
Regulated Navigation Area; Offshore, Cape Canaveral, Florida
Primary source
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Published
September 17, 2021
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is proposing to replace the existing safety zone in Captain of the Port Zone Jacksonville, Offshore Cape Canaveral, Florida with a regulated navigation area (RNA). The existing safety zone is composed of four large regulated areas and was established in 2009 with the intent of protecting vessels from risks posed from rockets launching from facilities on Cape Canaveral. Changes in the type and size of launch vehicles, rocket component recovery methods, and the increased frequency of launches pose variable risks to marine traffic and require a more flexible regulatory tool. The proposed RNA would encompass all waters within typical rocket flight trajectories originating from launch complexes on and around Cape Canaveral, FL and out to 12 nautical miles. We invite your comments on this proposed rulemaking.
Full Text
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<title>Federal Register, Volume 86 Issue 178 (Friday, September 17, 2021)</title>
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[Federal Register Volume 86, Number 178 (Friday, September 17, 2021)]
[Proposed Rules]
[Pages 51845-51848]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-20105]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2021-0661]
RIN 1625-AA11
Regulated Navigation Area; Offshore, Cape Canaveral, Florida
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard is proposing to replace the existing safety
zone in Captain of the Port Zone Jacksonville, Offshore Cape Canaveral,
Florida with a regulated navigation area (RNA). The existing safety
zone is composed of four large regulated areas and was established in
2009 with the intent of protecting vessels from risks posed from
rockets launching from facilities on Cape Canaveral. Changes in the
type and size of launch vehicles, rocket component recovery methods,
and the increased frequency of launches pose variable risks to marine
traffic and require a more flexible regulatory tool. The proposed RNA
would encompass all waters within typical rocket flight trajectories
originating from launch complexes on and around Cape Canaveral, FL and
out to 12 nautical miles. We invite your comments on this proposed
rulemaking.
DATES: Comments and related material must be received by the Coast
Guard on or before October 18, 2021.
ADDRESSES: You may submit comments identified by docket number USCG-
2021-0661 using the Federal Decision Making Portal at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email Mr. A. Eugene Stratton, Seventh
District, Waterways Management Branch (DPW), U.S. Coast Guard;
telephone 305-415-6750, email <a href="/cdn-cgi/l/email-protection#c2a3eca7b7a5a7aca7ecb1b6b0a3b6b6adac82b7b1a1a5ecafabae"><span class="__cf_email__" data-cfemail="9cfdb2f9e9fbf9f2f9b2efe8eefde8e8f3f2dce9effffbb2f1f5f0">[email protected]</span></a>.
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, Purpose, and Legal Basis
The Coast Guard is proposing to replace the existing safety zone in
33 CFR 165.775 titled ``Safety Zone; Captain of the Port Zone
Jacksonville; Offshore Cape Canaveral, Florida'' with a regulated
navigation area (RNA). The existing safety zone is composed of four
large regulated areas and was established in 2009 with the intent of
protecting marine traffic from the hazards associated with the
launching of space vehicles, to expedite notification to the public,
and to reduce the administrative workload of the Coast Guard. Changes
in the type and size of launch vehicles, rocket component recovery
methods, and the increased frequency of launches pose variable risks to
marine traffic and require a more flexible regulatory tool. The
proposed RNA would encompass all waters within typical rocket flight
trajectories originating from launch complexes on and around Cape
Canaveral, FL and out to 12 nautical miles. We invite your comments on
this proposed rulemaking.
The Coast Guard proposes this rulemaking under authority in 46
U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5, and
Department of Homeland Security Delegation No. 00170.1, Revision No.
01.2.
III. Discussion of Proposed Rule
The Seventh Coast Guard District Commander is proposing to replace
the existing Offshore Cape Canaveral Safety Zone in 33 CFR 165.775,
with a RNA. Prior to the safety zone that was established in 2009, the
Captain of the Port (COTP) Jacksonville issued temporary federal
regulations for each rocket launch from Cape Canaveral Air Force
Station, now called Cape Canaveral Space Force Station. At the time,
12-15 launches a year was typical. The four ``zones'' were based on
historical and projected launch azimuth data and designed in
collaboration with the U.S. Air Force, 45th Space Wing Range Operations
and Safety Departments and U.S. Coast Guard Space Transportation
Systems program office in Port Canaveral, FL.
Contemporary flight analyses models and risk assessments are more
advanced and require a far smaller hazard area for typical launches
than the four ``zones''
[[Page 51846]]
established in the Offshore Cape Canaveral Safety Zone of 2009. For
most launches originating from Cape Canaveral, the existing safety
zones are far too large and enforcement of them may unnecessarily
restrict vessel traffic.
Rocket launch activity has doubled since 2009. In 2020 the 45th
Space Wing (now designated as Space Launch Delta 45 under the U.S.
Space Force) launched 39 missions which required 20 activations of the
2009 safety zone. The type, configuration, and mission profile of
contemporary governmental and commercial rockets adds additional
variability to risk assessments and requires a more adaptable
regulatory tool.
A Safety Zone, as defined in 33 CFR 165.20, is intended to limit
access to a hazardous area to authorized persons, vehicles, or vessels.
Given the rapidly changing nature of space launch operations in the
area, an RNA, as defined in 33 CFR 165.11, which allows the control of
vessel traffic with more flexibility and expediency, is the more
appropriate regulatory tool.
This RNA is not meant to replace, alter, or conflict with Coast
Guard security zones as described in 33 CFR 165.701, Vicinity, Kennedy
Space Center, Merritt Island, FL; or 33 CFR 165.705, Port Canaveral
Harbor, Cape Canaveral Air Force Station, FL. The regulatory text we
are proposing appears at the end of this document.
We propose the following area to be a RNA: All waters offshore Cape
Canaveral from surface to bottom, encompassed by a line connecting the
following points beginning with Point 1 at 28[deg]48'54'' N,
80[deg]28'40'' W; thence southwest to Point 2 at 28[deg]43'20'' N,
80[deg]41' W; thence south along the shoreline to Point 3 at
28[deg]26'40'' N, 80[deg]32'49'' W; thence continuing south offshore to
Point 4 at 28[deg]10' N, 80[deg]23'20'' W; thence east Point 5 at
28[deg]10' N, 80[deg]21'13'' 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. In addition,
there are five typical launch exclusion areas that cover the majority
of rocket launches. We list the coordinates and locations of the five
typical launch exclusion areas in the regulatory text.
When the RNA is deemed activated, the COTP or a designated
representive would be able to restrict vessel movement including but
not limited to transiting, anchoring, or mooring within this RNA to
protect vessels from hazards associated with rocket launches. These
restrictions are temporary in nature and would only be enacted and
enforced prior to and just after a successful launch. The COTP would be
able to activate any single area, a combination of areas, or establish
ad hoc areas within the RNA boundary area as warranted by the specific
risks posed by individual launches.
The COTP would inform the public of the activation or status of the
RNA by Broadcast Notice to Mariners on VHF-FM channel 16, Public Notice
of Enforcement, on-scene presence, and by the display of a yellow ball
from a 90-foot pole near the shoreline.
IV. Regulatory Analyses
We developed this proposed 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 NPRM has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, the NPRM
has not been reviewed by the Office of Management and Budget (OMB).
The RNA will operate in a similar way to the existing safety zone,
but will reduce the size of exclusionary areas for each typical rocket
launch. We expect the economic impact of this rule to be so minimal
that a full regulatory evaluation is unnecessary. The RNA will only be
activated a reasonable time before a launch and deactivated once the
area is no longer hazardous.
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
proposed rule would not have a significant economic impact on a
substantial number of small entities.
The total time of the RNA activation and thus restriction to the
public is expected to be approximately one hour per launch. Vessels
would be able to transit around the activated RNA locations during
these launches. We do not anticipate any significant economic impact
resulting from activation of the RNA.
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.
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. 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. The Coast Guard will not retaliate against small
entities that question or complain about this proposed rule or any
policy or action of the Coast Guard.
C. Collection of Information
This proposed rule would 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 proposed 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 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. If
you believe this proposed rule has implications for federalism or
Indian tribes, please call or email the person
[[Page 51847]]
listed in the FOR FURTHER INFORMATION CONTACT section.
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 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 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 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 023-01-001-01, 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.
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.
V. Public Participation and Request for Comments
We view public participation as essential to effective rulemaking,
and 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>. To
do so, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, type USCG-2021-0661 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>, 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a> 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a> will include any personal
information you have provided. For more about privacy and submissions
to the docket in response to this document, see DHS's eRulemaking
System of Records notice (85 FR 14226, March 11, 2020).
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 proposes
to amend 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; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.2.
0
2. Revise Sec. 165.775 to read as follows:
Sec. 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 28[deg]48'54'' N, 80[deg]28'40'' W; thence southwest to
Point 2 at 28[deg]43'20'' N, 80[deg]41' W; thence south along the
shoreline to Point 3 at 28[deg]26'40'' N, 80[deg]32'49'' W; thence
continuing south offshore to Point 4 at 28[deg]10' N, 80[deg]23'20'' W;
thence east Point 5 at 28[deg]10' N, 80[deg]21'13'' 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 1...................... 28[deg]47'47'' N 080[deg]27'48'' W
Point 2...................... 28[deg]42'18'' N 080[deg]34'55'' W
Point 3...................... 28[deg]39'13'' N 080[deg]37'49'' W
Point 4...................... 28[deg]32'29'' N 080[deg]33'53'' W
Point 5...................... 28[deg]34'00'' N 080[deg]29'00'' W
Point 6...................... 28[deg]39'43'' N 080[deg]21'57'' W
------------------------------------------------------------------------
(ii) East Northeast Launch Hazard Area:
------------------------------------------------------------------------
------------------------------------------------------------------------
Point 1...................... 28[deg]43'53'' N 080[deg]24'50'' W
Point 2...................... 28[deg]36'10'' N 080[deg]35'20'' W
Point 3...................... 28[deg]31'46'' N 080[deg]33'40'' W
Point 4...................... 28[deg]34'42'' N 080[deg]28'40'' W
Point 5...................... 28[deg]40'45'' N 080[deg]22'28'' W
------------------------------------------------------------------------
(iii) Large East Launch Hazard Area:
------------------------------------------------------------------------
------------------------------------------------------------------------
Point 1...................... 28[deg]40'32'' N 080[deg]22'21'' W
Point 2...................... 28[deg]39'14'' N 080[deg]37'48'' W
Point 3...................... 28[deg]27'00'' N 080[deg]31'55'' W
Point 4...................... 28[deg]27'35'' N 080[deg]17'48'' W
------------------------------------------------------------------------
(iv) Small East Launch Hazard Area:
------------------------------------------------------------------------
------------------------------------------------------------------------
Point 1...................... 28[deg]38'28'' N 080[deg]21'24'' W
Point 2...................... 28[deg]39'00'' N 080[deg]31'00'' W
Point 3...................... 28[deg]38'00'' N 080[deg]36'58'' W
Point 4...................... 28[deg]32'00'' N 080[deg]33'45'' W
Point 5...................... 28[deg]31'32'' N 080[deg]18'35'' W
------------------------------------------------------------------------
(v) Southeast Launch Hazard Area:
------------------------------------------------------------------------
------------------------------------------------------------------------
Point 1...................... 28[deg]37'00'' N 080[deg]29'00'' W
Point 2...................... 28[deg]35'48'' N 080[deg]34'59'' W
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Point 3...................... 28[deg]26'40'' N 080[deg]32'49'' W
Point 4...................... 28[deg]10'00'' N 080[deg]23'20'' W
Point 5...................... 28[deg]10'00'' N 080[deg]21'13'' W
Point 6...................... 28[deg]23'10'' N 080[deg]18'41'' 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 RNAs, safety zones, and security zones.
(c) Regulations. (1) The COTP or a designated represented may
restrict vessel movement including but not limited to transiting,
anchoring, or mooring within this RNA to protect vessels from hazards
associated with rocket launches. These restrictions are temporary in
nature and will only be enacted and enforced prior to and just after a
successful launch.
(2) The COTP may activate any single area, a combination of areas,
or establish ad hoc areas within the RNA boundary area as warranted by
the specific risks posed by individual launches.
(d) Notice of activation of RNA. The COTP will inform the public of
the activation or status of the RNA by Broadcast Notice to Mariners on
VHF-FM channel 16, Public Notice of Enforcement, on-scene presence, and
by the display of a yellow ball from a 90-foot pole near the shoreline
at approximately 28[deg]35'00'' N, 080[deg]34'36'' W and from a 90-foot
pole near the shoreline at approximately 28[deg]55'18'' N,
080[deg]35'00'' W. 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: September 13, 2021.
Brendan C. McPherson,
Rear Admiral, Commander, Seventh Coast Guard District.
[FR Doc. 2021-20105 Filed 9-16-21; 8:45 am]
BILLING CODE 9110-04-P
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