Rule2022-08332
Regulated Navigation Area; Offshore, Cape Canaveral, Florida
Primary source
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Published
April 20, 2022
Effective
May 20, 2022
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is establishing a regulated navigation area (RNA) for rocket launch vehicles originating from Cape Canaveral, FL. The RNA will encompass all waters within typical rocket flight trajectories originating from launch complexes on or around Cape Canaveral, FL, and out to 12 nautical miles. The RNA is necessary to ensure the safety of vessels, mariners and navigable waters during scheduled rocket launch vehicle operations. An notice of proposed rulemaking (NPRM) and supplemental notice of proposed rulemaking (SNPRM) were conducted to allow for public comment on the rule. The SNPRM considered the comments from the NPRM, and made several minor revisions, which included revisions that expanded the list of RNA exclusion zones.
Full Text
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<title>Federal Register, Volume 87 Issue 76 (Wednesday, April 20, 2022)</title>
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[Federal Register Volume 87, Number 76 (Wednesday, April 20, 2022)]
[Rules and Regulations]
[Pages 23447-23450]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-08332]
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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, Department of Homeland Security (DHS).
ACTION: Final rule.
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SUMMARY: The Coast Guard is establishing a regulated navigation area
(RNA) for rocket launch vehicles originating from Cape Canaveral, FL.
The RNA will encompass all waters within typical rocket flight
trajectories originating from launch complexes on or around Cape
Canaveral, FL, and out to 12 nautical miles. The RNA is necessary to
ensure the safety of vessels, mariners and navigable waters during
scheduled rocket launch vehicle operations. An notice of proposed
rulemaking (NPRM) and supplemental notice of proposed rulemaking
(SNPRM) were conducted to allow for public comment on the rule. The
SNPRM considered the comments from the NPRM, and made several minor
revisions, which included revisions that expanded the list of RNA
exclusion zones.
DATES: This rule is effective May 20, 2022.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, 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, in the Document
Type column, select ``Supporting & Related Material.''
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Lieutenant Junior Grade Stephanie Miranda, District 7
Waterways Division (dpw), U.S. Coast Guard; telephone (305) 415-6748,
email <a href="/cdn-cgi/l/email-protection#2a795e4f5a424b44434f0466046743584b444e4b6a5f59494d04474346"><span class="__cf_email__" data-cfemail="c794b3a2b7afa6a9aea2e98be98aaeb5a6a9a3a687b2b4a4a0e9aaaeab">[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
SNPRM Supplemental notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
MOC Merril Operations Center
SLD 45 U.S. Space Launch Delta 45
COTP Captain of the Port
WGS 1984 World Geodetic System 1984
II. Background Information and Regulatory History
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 33 CFR 165.775 with a
regulated navigation area (RNA). During the comment period on the NPRM
that ended on October 18, 2021, we received three comments.
On January 7, 2022, the Coast Guard published a supplemental notice
of proposed rulemaking (SNPRM) in the Federal Register (87 FR 916).
Section III of the SNPRM provides a summary of the comments and the
Coast Guard's
[[Page 23448]]
responses to those comments. The SNPRM revised the regulatory text from
the original NPRM to expand the list of RNA exclusionary zones to
include additional missions which are expected to be conducted. The
SNPRM also included the Captain of the Port's (COTP) consideration of
analysis from U.S. Space Launch Delta 45 (SLD 45) when activating an
RNA exclusionary zone. No other changes were made in the SNPRM. The
comment period on the SNPRM closed on March 16, 2022. No comments were
submitted on the SNPRM.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034. The Seventh District Commander and the Captain of the Port
Jacksonville have determined that potential hazards associated with
rocket launches from Cape Canaveral, FL, display a safety concern for
anyone within the perimeter of the RNA exclusionary zones. The RNA will
only be activated a reasonable time before a launch and deactivated
once the area is no longer hazardous. The purpose of this rule is to
ensure safety of vessels, mariners, and the navigable waters in the RNA
before, during, and after the scheduled event.
IV. Discussion of Comments, Changes, and the Rule
We received no comments on our SNPRM published January 7, 2022. In
the final rule, the Coast Guard is making one change. The Coast Guard
is revising Sec. 165.775(b) ``Definitions'' to clarify that the Coast
Guard representative in the Merril Operations Center (MOC) is a
designated representative of the COTP.
The final rule establishes an RNA in the following areas: 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 the World
Geodetic System 1984 (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 RNA.
When the RNA is deemed activated, the COTP or a designated
representative will 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 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.
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, 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 rule has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, this
rule 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 rule
will 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 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.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 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.
C. Collection of Information
This rule will not call for a new collection of information under
the
[[Page 23449]]
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 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 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.
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 rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
F. 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. 4321-4370f), 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 the
activation of a RNA with smaller exclusionary zones. The activation of
the RNA is expected to be an hour total per occurrence. It is
categorically excluded from further review under paragraph L60(a) 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. For instructions on locating the docket, see
the ADDRESSES section of this preamble.
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.
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 amends
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 World Geodetic System (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.
Table 1 to Paragraph (a)(2)(i)
------------------------------------------------------------------------
------------------------------------------------------------------------
Point 1................................. 28[deg]47'47'' 080[deg]27'48'
N ' W
Point 2................................. 28[deg]42'18'' 080[deg]34'55'
N ' W
Point 3................................. 28[deg]39'13'' 080[deg]37'49'
N ' W
Point 4................................. 28[deg]32'29'' 080[deg]33'53'
N ' W
Point 5................................. 28[deg]34'00'' 080[deg]29'00'
N ' W
Point 6................................. 28[deg]39'43'' 080[deg]21'57'
N ' W
------------------------------------------------------------------------
(ii) East Northeast Launch Hazard Area.
Table 2 to Paragraph (a)(2)(ii)
------------------------------------------------------------------------
------------------------------------------------------------------------
Point 1................................. 28[deg]43'53'' 080[deg]24'50'
N ' W
Point 2................................. 28[deg]36'10'' 080[deg]35'20'
N ' W
Point 3................................. 28[deg]31'46'' 080[deg]33'40'
N ' W
Point 4................................. 28[deg]34'42'' 080[deg]28'40'
N ' W
Point 5................................. 28[deg]40'45'' 080[deg]22'28'
N ' W
------------------------------------------------------------------------
(iii) Large East Launch Hazard Area.
Table 3 to Paragraph (a)(2)(iii)
------------------------------------------------------------------------
------------------------------------------------------------------------
Point 1................................. 28[deg]40'32'' 080[deg]22'21'
N ' W
Point 2................................. 28[deg]39'14'' 080[deg]37'48'
N ' W
Point 3................................. 28[deg]27'00'' 080[deg]31'55'
N ' W
Point 4................................. 28[deg]27'35'' 080[deg]18'27'
N ' W
------------------------------------------------------------------------
(iv) Small East Launch Hazard Area.
Table 4 to Paragraph (a)(2)(iv)
------------------------------------------------------------------------
------------------------------------------------------------------------
Point 1................................. 28[deg]39'42'' 080[deg]21'56'
N ' W
Point 2................................. 28[deg]39'00'' 080[deg]31'00'
N ' W
Point 3................................. 28[deg]38'00'' 080[deg]36'58'
N ' W
Point 4................................. 28[deg]32'00'' 080[deg]33'45'
N ' W
Point 5................................. 28[deg]31'51'' 080[deg]20'41'
N ' W
------------------------------------------------------------------------
(v) Southeast Launch Hazard Area.
Table 5 to Paragraph (a)(2)(v)
------------------------------------------------------------------------
------------------------------------------------------------------------
Point 1................................. 28[deg]37'00'' 080[deg]29'00'
N ' W
Point 2................................. 28[deg]35'48'' 080[deg]34'59'
N ' W
Point 3................................. 28[deg]25'18'' 080[deg]34'43'
N ' W
Point 4................................. 28[deg]11'00'' 080[deg]29'00'
N ' W
Point 5................................. 28[deg]10'00'' 080[deg]21'13'
N ' W
Point 6................................. 28[deg]19'36'' 080[deg]23'10'
N ' W
Point 7................................. 28[deg]22'11'' 080[deg]20'17'
N ' W
------------------------------------------------------------------------
(b) Definitions. The following definition applys to this section:
Designated representative means Coast Guard Patrol Commanders
including Coast Guard coxswains, petty officers and other officers
operating Coast Guard vessels, Coast Guard Representatives in the
Merril Operations Center, and Federal, state, and local officers
designated by or assisting the Captain of the Port (COTP) Jacksonville
in the enforcement of the RNA.
(c) Regulations. (1) The COTP Jacksonville or a designated
representative may restrict vessel movement including but not limited
to
[[Page 23450]]
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 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: April 12, 2022.
Brendan C. McPherson,
Rear Admiral, Commander, Coast Guard Seventh District.
[FR Doc. 2022-08332 Filed 4-19-22; 8:45 am]
BILLING CODE 9110-04-P
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