Rule2022-08425
Safety Zones; Cape Canaveral, Daytona, Tampa, Jacksonville, and Tallahassee, Florida
Primary source
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Published
April 20, 2022
Effective
April 20, 2022
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is establishing five temporary safety zones for the reentry of capsules launched by Space Exploration Technologies Corporation (Space X) in support of the Axiom and the National Aeronautics and Space Administration (NASA) Crew-3 capsule recovery missions. These five temporary safety zones are located within the Coast Guard District Seven area of responsibility offshore of Cape Canaveral, Daytona, Jacksonville, Tampa, and Tallahassee, Florida. The purpose of this rule is to ensure the safety of vessels, mariners, and the navigable waters in the safety zones before, during, and after the scheduled event. This action is necessary to provide for the safe recovery of these capsules and astronauts in our exclusive economic zone and implements a special activities provision of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021. This rule prohibits U.S. flagged vessels from being in the safety zones unless authorized by the Commander of the Seventh Coast Guard District or a designated representative.
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 23441-23444]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-08425]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2022-0233]
RIN 1625-AA00
Safety Zones; Cape Canaveral, Daytona, Tampa, Jacksonville, and
Tallahassee, Florida
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing five temporary safety zones
for the reentry of capsules launched by Space Exploration Technologies
Corporation (Space X) in support of the Axiom and the National
Aeronautics and Space Administration (NASA) Crew-3 capsule recovery
missions. These five temporary safety zones are located within the
Coast Guard District Seven area of responsibility offshore of Cape
Canaveral, Daytona, Jacksonville, Tampa, and Tallahassee, Florida. The
purpose of this rule is to ensure the safety of vessels, mariners, and
the navigable waters in the safety zones before, during, and after the
scheduled
[[Page 23442]]
event. This action is necessary to provide for the safe recovery of
these capsules and astronauts in our exclusive economic zone and
implements a special activities provision of the William M. (Mac)
Thornberry National Defense Authorization Act for Fiscal Year 2021.
This rule prohibits U.S. flagged vessels from being in the safety zones
unless authorized by the Commander of the Seventh Coast Guard District
or a designated representative.
DATES: This rule is effective without actual notice from April 20, 2022
through May 15, 2022. For purposes of enforcement, actual notice will
be used from April 17, 2022 until April 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-
2022-0233 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#07547362776f66696e62294b294a6e75666963664772746460296a6e6b"><span class="__cf_email__" data-cfemail="0d5e79687d656c63646823412340647f6c63696c4d787e6e6a23606461">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
EEZ Exclusive Economic Zone
FR Federal Register
NASA National Aeronautics and Space Administration
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
COTP Captain of the Port
Space X Space Exploration Technologies Corporation
II. Background Information and Regulatory History
The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
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.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because it is impracticable and contrary to
the public interest. The U.S. company, Space Exploration Technologies
Corporation (Space X) Axiom-1 and the National Aeronautics and Space
Administration (NASA) Crew-3 capsule recovery missions were approved
and scheduled less than 30 days before the need for the five safety
zones to be in place starting on April 17, 2022. Publishing an NPRM
would be impracticable and contrary to the public interest since the
missions would begin before completion of the rulemaking process,
thereby inhibiting the Coast Guard's ability to protect against the
hazards associated with the recovery missions.
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 and contrary to the public interest
because the temporary safety zones must be established on April 17,
2022, to mitigate safety concerns during the capsule recovery missions.
III. Legal Authority and Need for Rule
On January 1, 2021, the William M. (Mac) Thornberry National
Defense Authorization Act for Fiscal Year 2021 (Pub. L. 116-283)
(Authorization Act) was enacted. Its section 8343 (134 Stat. 4710)
calls for the Coast Guard to conduct a 2-year pilot program to
establish and implement a process to establish safety zones to address
special activities in the exclusive economic zone (EEZ).\1\ These
special activities include space activities carried out by United
States citizens. The Seventh District Commander, Captain of the Port
Jacksonville, and Captain of the Port St. Petersburg have determined
that potential hazards associated with the Space X Axiom-1 and the NASA
Crew-3 capsule recovery missions present a safety concern for anyone
within the perimeter of the five safety zones. The safety zones will
only be activated at a reasonable time before a recovery mission and
deactivated once the area is no longer hazardous. The purpose of this
rule is to ensure the safety of astronauts, vessels, mariners, and the
navigable waters in the safety zones before, during, and after the
scheduled event. The Coast Guard is issuing this rule under authority
of section 8343 of the Authorization Act and 46 U.S.C. 70034.
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\1\ The Coast Guard defines the exclusive economic zone in 33
CFR 2.30.
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IV. Discussion of the Rule
The Coast Guard is establishing five temporary safety zones. The
Space X Axiom-1 and Crew-3 recovery missions may occur within one of
the five following sites: Cape Canaveral, Daytona, Jacksonville, Tampa,
and Tallahassee, Florida. Based on mission and environmental factors,
Space X and NASA will determine which of the sites will be utilized
approximately one day before capsule reentry and recovery. The
appropriate safety zone will then be activated at a reasonable time
before the recovery mission and deactivated once the area is no longer
hazardous. Coast Guard District Eight may also establish temporary
safety zones for recovery missions in its respective area of
responsibility for these missions.
The five temporary safety zones are listed below and include all
waters within the coordinates from surface to bottom. The coordinates
are based on the projected reentry locations as determined from
telemetry data and modeling by Space X.
(1) Cape Canaveral site:
------------------------------------------------------------------------
------------------------------------------------------------------------
Point 1....................... 29[deg]02'27'' N 080[deg]13'48'' W
Point 2....................... 28[deg]51'00'' N 080[deg]00'46'' W
Point 3....................... 28[deg]39'32'' N 080[deg]13'48'' W
Point 4....................... 28[deg]51'00'' N 080[deg]26'49'' W
Point 5....................... 29[deg]02'27'' N 080[deg]13'48'' W
------------------------------------------------------------------------
(2) Daytona site:
------------------------------------------------------------------------
------------------------------------------------------------------------
Point 1....................... 29[deg]59'27'' N 080[deg]35'59'' W
Point 2....................... 29[deg]48'00'' N 080[deg]22'51'' W
Point 3....................... 29[deg]36'32'' N 080[deg]35'59'' W
Point 4....................... 29[deg]48'00'' N 080[deg]49'08'' W
Point 5....................... 29[deg]59'27'' N 080[deg]35'59'' W
------------------------------------------------------------------------
(3) Jacksonville site:
------------------------------------------------------------------------
------------------------------------------------------------------------
Point 1....................... 31[deg]06'28'' N 080[deg]15'00'' W
Point 2....................... 30[deg]55'01'' N 080[deg]01'40'' W
Point 3....................... 30[deg]43'30'' N 080[deg]15'00'' W
Point 4....................... 30[deg]55'01'' N 080[deg]28'19'' W
Point 5....................... 31[deg]06'28'' N 080[deg]15'00'' W
------------------------------------------------------------------------
(4) Tampa site:
------------------------------------------------------------------------
------------------------------------------------------------------------
Point 1....................... 28[deg]17'27'' N 083[deg]54'00'' W
Point 2....................... 28[deg]06'00'' N 083[deg]41'02'' W
Point 3....................... 27[deg]54'32'' N 083[deg]54'00'' W
Point 4....................... 28[deg]06'00'' N 084[deg]06'57'' W
Point 5....................... 28[deg]17'27'' N 083[deg]54'00'' W
------------------------------------------------------------------------
(5) Tallahassee site:
------------------------------------------------------------------------
------------------------------------------------------------------------
Point 1....................... 29[deg]22'38'' N 084[deg]05'20'' W
Point 2....................... 29[deg]16'59'' N 083[deg]58'55'' W
Point 3....................... 29[deg]06'20'' N 084[deg]11'12'' W
Point 4....................... 29[deg]22'38'' N 084[deg]05'20'' W
------------------------------------------------------------------------
When the safety zones are activated, the COTP or a designated
representative will be able to restrict vessel movement including but
not limited to transiting, anchoring, or mooring within the safety zone
to protect vessels from hazards associated with rocket and capsule
recovery missions. Active restrictions are based on mission specific
recovery
[[Page 23443]]
exclusion areas provided by Space X and NASA, are temporary in nature,
and would only be enacted and enforced at a reasonable time prior to
and after a recovery. Since the safety zones fall in the EEZ, only
United States flagged vessels are subject to safety zone enforcement.
The determination of risk would be at the discretion of the COTP and
informed by the mission specific recovery exclusion areas provided by
Space X and NASA.
The COTP will inform the public of the activation or status of the
safety zones by Local Notice to Mariners and Broadcast Notice to
Mariners on VHF-FM channel 16.
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).
This regulatory action determination is based on the size,
location, duration, and scope of the safety zones. The safety zones are
limited in size and location to only those areas where capsule re-entry
is reasonably expected to occur. Of the five safety zones, only one may
will be activated for approximately two hours and only at a reasonable
time prior to re-entry, then deactivated once the area is no longer
hazardous. The safety zones are limited in scope, as vessel traffic
will be able to safely transit around the safety zones which will
impact a small part of the United States exclusive economic zone (EEZ)
within the Atlantic Ocean and Gulf of Mexico.
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 safety zone activation and thus restriction
to the public is expected to be approximately two hours per capsule
recovery, of which two instances are projected during prior to the
expiration of this rule. Vessels would be able to transit around the
activated safety zone location during these recoveries. We do not
anticipate any significant economic impact resulting from activation of
the safety zones.
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 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
establishing of five temporary safety zones, one of which may be
activated on two occasions for approximately two hours between April
17, 2022 and May 15, 2022 for a Space X and NASA mission. 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.
[[Page 23444]]
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. Add Sec. 165.T07-0233 to read as follows:
Sec. 165.T07-0233 Safety Zones; Cape Canaveral, Daytona, Tampa,
Jacksonville, and Tallahassee, Florida.
(a) Location. The following areas are safety zones:
(1) Cape Canaveral site. All waters from surface to bottom
encompassed within the following coordinates connecting a line from
Point 1, thence to Point 2, thence to Point 3, thence to Point 4,
connecting back to Point 5:
------------------------------------------------------------------------
------------------------------------------------------------------------
Point 1....................... 29[deg]02'27'' N 080[deg]13'48'' W
Point 2....................... 28[deg]51'00'' N 080[deg]00'46'' W
Point 3....................... 28[deg]39'32'' N 080[deg]13'48'' W
Point 4....................... 28[deg]51'00'' N 080[deg]26'49'' W
Point 5....................... 29[deg]02'27'' N 080[deg]13'48'' W
------------------------------------------------------------------------
(2) Daytona site. All waters from surface to bottom encompassed
within the following coordinates connecting a line from Point 1, thence
to Point 2, thence to Point 3, thence to Point 4, connecting back to
Point 5:
------------------------------------------------------------------------
------------------------------------------------------------------------
Point 1....................... 29[deg]59'27'' N 080[deg]35'59'' W
Point 2....................... 29[deg]48'00'' N 080[deg]22'51'' W
Point 3....................... 29[deg]36'32'' N 080[deg]35'59'' W
Point 4....................... 29[deg]48'00'' N 080[deg]49'08'' W
Point 5....................... 29[deg]59'27'' N 080[deg]35'59'' W
------------------------------------------------------------------------
(3) Jacksonville site. All waters from surface to bottom
encompassed within the following coordinates connecting a line from
Point 1, thence to Point 2, thence to Point 3, thence to Point 4,
connecting back to Point 5:
------------------------------------------------------------------------
------------------------------------------------------------------------
Point 1....................... 31[deg]06'28'' N 080[deg]15'00'' W
Point 2....................... 30[deg]55'01'' N 080[deg]01'40'' W
Point 3....................... 30[deg]43'30'' N 080[deg]15'00'' W
Point 4....................... 30[deg]55'01'' N 080[deg]28'19'' W
Point 5....................... 31[deg]06'28'' N 080[deg]15'00'' W
------------------------------------------------------------------------
(4) Tampa site. All waters from surface to bottom encompassed
within the following coordinates connecting a line from Point 1, thence
to Point 2, thence to Point 3, thence to Point 4, connecting back to
Point 5:
------------------------------------------------------------------------
------------------------------------------------------------------------
Point 1....................... 28[deg]17'27'' N 083[deg]54'00'' W
Point 2....................... 28[deg]06'00'' N 083[deg]41'02'' W
Point 3....................... 27[deg]54'32'' N 083[deg]54'00'' W
Point 4....................... 28[deg]06'00'' N 084[deg]06'57'' W
Point 5....................... 28[deg]17'27'' N 083[deg]54'00'' W
------------------------------------------------------------------------
(5) Tallahassee site. All waters from surface to bottom encompassed
within the following coordinates connecting a line from Point 1, thence
to Point 2, thence to Point 3, connecting back to Point 4:
------------------------------------------------------------------------
------------------------------------------------------------------------
Point 1....................... 29[deg]22'38'' N 084[deg]05'20'' W
Point 2....................... 29[deg]16'59'' N 083[deg]58'55'' W
Point 3....................... 29[deg]06'20'' N 084[deg]11'12'' W
Point 4....................... 29[deg]22'38'' N 084[deg]05'20'' W
------------------------------------------------------------------------
(b) Definitions. As used in 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
Merrill Operations Center, and Federal, state, and local officers
designated by or assisting the Captain of the Port (COTP) Jacksonville
and COTP St. Petersburg in the enforcement of the safety zones.
(c) Regulations. (1) Under the general safety zone regulations in
subpart C of this part, you may not enter the safety zone described in
paragraph (a) of this section unless authorized by the COTP or the
COTP's designated representative.
(2) The COTP Jacksonville and COTP St. Petersburg or a designated
representative may restrict vessel movement including but not limited
to transiting, anchoring, or mooring within these safety zones to
protect vessels from hazards associated with rocket recoveries. These
restrictions are temporary in nature and will only be enacted and
enforced prior to and just after the recovery missions.
(3) Due to the safety zones falling within the United States
exclusive economic zone, only United States flagged vessels are subject
to safety zone enforcement. Other vessels are encouraged to remain
outside the safety zone.
(4) Activation of a safety zone will be based on the risk
assessment of the COTP Jacksonville and COTP St. Petersburg and
informed by the mission specific recovery exclusion areas provided by
the Space Exploration Technologies Corporation and the National
Aeronautics and Space Administration to account for the specific risks
posed by individual recoveries.
(d) Enforcement periods. This rule will be enforced from a
reasonable time before a recovery mission and deactivated once the area
is no longer hazardous between April 17, 2022 and May 15, 2022. The
COTP will inform the public of which safety zone will be activated by
Broadcast Notice to Mariners on VHF-FM channel 16.
Dated: April 12, 2022.
Brendan C. McPherson,
Rear Admiral Commander, Seventh Coast Guard District.
[FR Doc. 2022-08425 Filed 4-18-22; 11:15 am]
BILLING CODE 9110-04-P
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