Proposed Rule2021-28537
Regulated Navigation Area; Offshore, Cape Canaveral, Florida
Primary source
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Published
January 7, 2022
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
On September 17, 2021, the Coast Guard published a notice of proposed rulemaking (NPRM) proposing to replace the existing safety zone in Captain of the Port (COTP) zone Jacksonville, Offshore Cape Canaveral, Florida with a regulated navigation area (RNA). Changes in the type and size of launch vehicles, rocket component recovery methods, and the increased frequency of launches now pose variable risks to marine traffic and require a more flexible regulatory tool. After considering comments received from the public, the Coast Guard is making modifications to the regulated area in the proposed rule. This supplemental notice requests comments on the revised proposal.
Full Text
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<title>Federal Register, Volume 87 Issue 5 (Friday, January 7, 2022)</title>
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[Federal Register Volume 87, Number 5 (Friday, January 7, 2022)]
[Proposed Rules]
[Pages 916-919]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-28537]
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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: Supplemental notice of proposed rulemaking.
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SUMMARY: On September 17, 2021, the Coast Guard published a notice of
proposed rulemaking (NPRM) proposing to replace the existing safety
zone in Captain of the Port (COTP) zone Jacksonville, Offshore Cape
Canaveral, Florida with a regulated navigation area (RNA). Changes in
the type and size of launch vehicles, rocket component recovery
methods, and the increased frequency of launches now pose variable
risks to marine traffic and require a more flexible regulatory tool.
After considering comments received from the public, the Coast Guard is
making modifications to the regulated area in the proposed rule. This
supplemental notice requests comments on the revised proposal.
DATES: Comments and related material must be received by the Coast
Guard on or before February 7, 2022.
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 Lieutenant Junior Grade Stephanie
Miranda, Seventh District, Waterways Management Branch (Dpw), U.S.
Coast Guard; telephone 305-415-6748, email
<a href="/cdn-cgi/l/email-protection#2d5e59485d454c43444803410340445f4c43494c6d585e4e4a03404441"><span class="__cf_email__" data-cfemail="07747362776f66696e62296b296a6e75666963664772746460296a6e6b">[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 proposes 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 established in 2009 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.
However, since the establishment of the safety zone in Sec. 165.775,
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.
On September 17, 2021, the Coast Guard published a notice of
proposed rulemaking entitled, ``Regulated Navigation Area; Offshore,
Cape Canaveral, Florida in the Federal Register (86 FR 51845) in order
to replace the existing safety zone in Sec. 165.775 with a RNA. During
the comment period that ended on October 18, 2021, we received three
comments and those comments are addressed in Section III of this SNPRM.
The Coast Guard is proposing this SNPRM under authority in 46
U.S.C. 70034. The purpose of this SNPRM is to revise the regulatory
text as proposed in the NPRM to expand the zone to include additional
missions which are expected to be conducted (including the Transport 2
mission conducted by the U.S Space Launch Delta 45 (SLD 45) and
operations by the Blue Origin, LLC), and to include the Captain of the
Port's (COTP) consideration of analysis from (SLD 45) when activating a
zone. The revised regulatory text we are proposing in this SNPRM
appears at the end of this document. It differs from the text proposed
in the NPRM, primarily in that it expands the zone westward to include
areas of operation by the SLD 45 and the Blue Origin, LLC.
III. Discusion of Comments on the NPRM and Change to the Proposed Rule
In response to the NPRM, the Coast Guard received three public
comments. Unless we receive recommendations for changes during the
SNPRM comment period, we plan to adopt the regulations proposed in the
NPRM with revisions to the regulatory text as reflected in this SNPRM.
The SNPRM provides an additional comment period to shape the final
regulatory action. Concerns received on this SNPRM will be addressed in
the final rule.
The Coast Guard received a comment addressing the growing effect of
commercial space travel in terms of potential for pollution and hazards
to land and sea vehicles in the path of flight. The commenter felt the
proposed change was valid and important. No changes were made based on
this comment.
Another comment addressed the growth of the aerospace industry in
the region and associated increase in launch activity observed since
2009. The commenter felt that an evaluation of the 2009 rulemaking and
the associated changes proposed in the NPRM were warranted and in the
interest of preserving the safety of marine interests in the area. No
changes were made based on this comment.
The Coast Guard received a comment from the Blue Origin Florida,
LLC and included a request for an adjustment to the dimensions of the
RNA to provide a launch hazard area suitable for potential future
launches to Polar Orbits. The change was evaluated and implemented. In
response to this comment, the Coast Guard made changes to the
regulatory text in this SNPRM by making an adjustment to the southeast
launch hazard area to encompass dimensions aligned to a Polar Orbit-
mission specific launch exclusion area as provided by the SLD 45.
IV. Discussion of Proposed Rule
The proposed rule would establish a RNA in the following revised
area based on comments received during the NPRM comment period: 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]41'00'' W; thence south along the shoreline to
Point 3 at 28[deg]25'18'' N, 80[deg]34'43'' W; thence continuing south
offshore to Point 4 at 28[deg]11'00'' N,
[[Page 917]]
80[deg]29'00'' W; thence east to Point 5 at 28[deg]10'00'' 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
launch hazard areas in which the majority of rocket launches will fall
and are meant to alert mariners to the general areas in which launches
will occur. We list the coordinates and locations of the five launch
hazard areas in the regulatory text of this SNPRM.
When the RNA is deemed activated, the COTP or a designated
representative 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. Active
restrictions are based on mission specific launch exclusion areas
provided by the SLD 45, are temporary in nature, and would only be
enacted and enforced prior to and just after a launch. The COTP would
be able to activate any single area, a combination of areas, or
establish areas within the RNA boundary area as warranted by specific
risks posed by individual launches. The determination of risk would be
at the discretion of the COTP and informed by the mission specific
launch exclusion areas provided by SLD-45.
The COTP would inform the public of the activation or status of the
RNA and specific exclusion areas, 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.
V. 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 specific 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 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 and Commandant Instruction M16475.1D 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 RNAwith
exclusionary zones smaller than the existing safety zones. The
activation of the RNA is expected to be an hour total per occurrence.
Normally such actions
[[Page 918]]
are categorically excluded from further review under paragraph L60(a)
of Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01. 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.
VI. 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]41'00'' W; thence south along the shoreline to
Point 3 at 28[deg]25'18'' N, 80[deg]34'43'' W; thence continuing south
offshore to Point 4 at 28[deg]11'00'' N, 80[deg]29'00'' W; thence east
to Point 5 at 28[deg]10'00'' 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) Restrictions may be enforced anywhere within the boundaries of
the RNA. Restrictions will be based on the risk assessment of the
Captain of the Port Jacksonville and informed by the mission specific
launch exclusion areas provided by U.S Space Launch Delta 45 (SLD 45).
There are five launch hazard areas that cover rocket launches. 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]18'27'' W
------------------------------------------------------------------------
(iv) Small East Launch Hazard Area:
------------------------------------------------------------------------
------------------------------------------------------------------------
Point 1....................... 28[deg]39'42'' N 080[deg]21'56'' 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]31'51'' N 080[deg]20'41'' 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
Point 3....................... 28[deg]25'18'' N 080[deg]34'43'' W
Point 4....................... 28[deg]11'00'' N 080[deg]29'00'' W
Point 5....................... 28[deg]10'00'' N 080[deg]21'13'' W
Point 6....................... 28[deg]19'36'' N 080[deg]23'10'' W
Point 7....................... 28[deg]22'11'' N 080[deg]20'17'' 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 Jacksonville 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 launch.
(2) The COTP Jacksonville may activate restrictions within any
single area, a combination of areas, or establish ad hoc areas within
the RNA boundary area. Activation of prescribed or ad hoc Launch Hazard
Areas will be based on the risk assessment of the Captain of the Port
Jacksonville and informed by the mission specific launch exclusion
areas
[[Page 919]]
provided by SLD 45 to account for the specific risks posed by
individual launches.
(d) Notice of activation of RNA. The COTP Jacksonville will inform
the public of the activation or status of the RNA and specific
exclusion areas, 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: December 22, 2021.
Brendan C. McPherson,
Rear Admiral, Commander, Seventh Coast Guard District.
[FR Doc. 2021-28537 Filed 1-6-22; 8:45 am]
BILLING CODE 9110-04-P
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