Home/Federal/Federal Register/2022-09577

Rule2022-09577

Safety Zones; Pensacola, Panama City, and Tallahassee, Florida

Primary source

Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.

Published

May 4, 2022

Effective

May 4, 2022

Issuing agencies

Homeland Security DepartmentCoast Guard

Abstract

The Coast Guard is establishing three temporary safety zones for the reentry of a capsule launched by Space Exploration Technologies Corporation (Space X) in support of the National Aeronautics and Space Administration (NASA) Crew-3 capsule recovery mission. These three temporary safety zones are located within the Coast Guard Sector Mobile area of responsibility offshore of Pensacola, Panama City, and Tallahassee, Florida. The purpose of this rule is to ensure the safety of vessels, mariners, and the navigable waters in the safety zones during a period when reentry is expected. This action is necessary to provide for the safe recovery of this capsule and astronauts in the U.S. 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 entering the safety zones unless authorized by the Captain of the Port Mobile or a designated representative.

Full Text

<html>
<head>
<title>Federal Register, Volume 87 Issue 86 (Wednesday, May 4, 2022)</title>
</head>
<body><pre>
[Federal Register Volume 87, Number 86 (Wednesday, May 4, 2022)]
[Rules and Regulations]
[Pages 26273-26276]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-09577]

-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2022-0291]
RIN 1625-AA00

Safety Zones; Pensacola, Panama City, and Tallahassee, Florida

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing three temporary safety zones
for the reentry of a capsule launched by Space Exploration Technologies
Corporation (Space X) in support of the National Aeronautics and Space
Administration (NASA) Crew-3 capsule recovery mission. These three
temporary safety zones are located within the Coast Guard Sector Mobile
area of responsibility offshore of Pensacola, Panama City, and
Tallahassee, Florida. The purpose of this rule is to ensure the safety
of vessels, mariners, and the navigable waters in the safety zones
during a period when reentry is expected. This action is necessary to
provide for the safe recovery of this capsule and astronauts in the
U.S. 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 entering the safety zones unless authorized by the
Captain of the Port Mobile or a designated representative.

DATES: This rule is effective without actual notice from May 4, 2022
until May 15, 2022. For the purposes of enforcement, actual notice will
be used from May 1, 2022 until May 4, 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-
2022-0291 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 Andrew Anderson, Sector Mobile Chief of
Waterways (spw), U.S. Coast Guard; telephone (251) 441-5940, email
<a href="/cdn-cgi/l/email-protection#4607282234233168156807282223343529280633352521682b2f2a"><span class="__cf_email__" data-cfemail="94d5faf0e6f1e3bac7bad5faf0f1e6e7fbfad4e1e7f7f3baf9fdf8">[email&#160;protected]</span></a>.

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port
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
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 National Aeronautics and Space Administration
(NASA) Crew-3 capsule recovery mission was approved and scheduled less
than 30 days before the need for the three safety zones to be in place
starting on May 1, 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

[[Page 26274]]

the temporary safety zones must be established by May 1, 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. Terms used to describe space activities, including
reentry site, and reentry vehicle, are defined in 51 U.S.C. 50902.
---------------------------------------------------------------------------

\1\ The Coast Guard defines the Exclusive Economic Zone in 33
CFR 2.30.
---------------------------------------------------------------------------

The Captain of the Port Mobile has determined that potential
hazards associated with the NASA Crew-3 capsule recovery mission
presents a safety concern for anyone within the perimeter of the three
safety zones. The safety zones will only be activated when a reentry
vehicle is approaching a reentry site and will be deactivated once the
reentry vehicle is removed from the reentry site. 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.

IV. Discussion of the Rule

The Coast Guard is establishing special activity temporary safety
zones for reentry vehicles within any of the three reentry sites
described in this rule. The Crew-3 recovery mission may occur within
any of the following reentry sites in the Gulf of Mexico: Pensacola,
Panama City, and Tallahassee, Florida.
Approximately one day before capsule reentry and recovery, Space X
and NASA will determine which of the sites will be used. This
determination is based on mission and environmental factors. After the
determination is made, the respective COTP will use Local Notice to
Mariners and Broadcast Notice to Mariners on VHF-FM channel 16 to
inform the public of which safety zone is expected to be used.
The three temporary reentry sites in the EEZ 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) Pensacola site:

------------------------------------------------------------------------

------------------------------------------------------------------------
Point 1....................... 29.930[deg] N -087.643[deg] W
Point 2....................... 29.930[deg] N -087.357[deg] W
Point 3....................... 29.670[deg] N -087.357[deg] W
Point 4....................... 29.670[deg] N -087.[deg] W
------------------------------------------------------------------------

(2) Panama City site:

------------------------------------------------------------------------

------------------------------------------------------------------------
Point 1....................... 29.846[deg] N -086.326[deg] W
Point 2....................... 29.846[deg] N -086.040[deg] W
Point 3....................... 29.586[deg] N -086.040[deg] W
Point 4....................... 29.586[deg] N -086.326[deg] W
------------------------------------------------------------------------

(3) Tallahassee site:

------------------------------------------------------------------------

------------------------------------------------------------------------
Point 1....................... 29.413[deg] N -084.342[deg] W
Point 2....................... 29.413[deg] N -084.058[deg] W
Point 3....................... 29.153[deg] N -084.058[deg] W
Point 4....................... 29.153[deg] N -084.342[deg] W
------------------------------------------------------------------------

When the reentry site is activated as a safety zone, 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 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. Because the safety zones
are located in the EEZ, only United States flagged vessels are subject
to safety zone enforcement. Other vessels are encouraged to remain
outside the safety zone.
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 occurs. 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 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 safety zone activation and thus restriction to the public is
expected to be approximately two hours per capsule recovery, and we
anticipate one splash down during the effective period of this rule.
Vessels would be able to transit around the activated safety zone
location during this recovery. 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

[[Page 26275]]

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 three temporary safety zones, one of which may be
activated on one occasion for approximately two hours between May 1,
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.

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.T08-0291 Safety Zones; Pensacola, Panama City, and
Tallahassee, Florida.

(a) Location. The following areas are safety zones:
(1) Pensacola site. All waters from surface to bottom encompassed
within the following coordinates connecting a line from Point 1, thence
to Point 2, and thence to Point 3, connecting back to Point 4:

------------------------------------------------------------------------

------------------------------------------------------------------------
Point 1....................... 29.930[deg] N -087.643[deg] W
Point 2....................... 29.930[deg] N -087.357[deg] W
Point 3....................... 29.670[deg] N -087.357[deg] W
Point 4....................... 29.670[deg] N -087.643[deg] W
------------------------------------------------------------------------

(2) Panama City site. All waters from surface to bottom encompassed
within the following coordinates connecting a line from Point 1, thence
to Point 2, and thence to Point 3, connecting back to Point 4:

------------------------------------------------------------------------

(3) Tallahassee site. All waters from surface to bottom encompassed
within the following coordinates connecting a line from Point 1, thence
to Point 2, and thence to Point 3, connecting back to Point 4:

------------------------------------------------------------------------

(b) Definitions. As used in this section--
Designated representative means Coast Guard Patrol Commanders
including Coast Guard coxswains, petty officers and other officers
designated by or assisting the COTP Mobile in the enforcement of the
safety zones.
Reentry Vehicle means a vehicle designed to return from Earth orbit
or outer space to Earth, or a reusable launch vehicle designed to
return from Earth orbit or outer space to Earth, substantially intact.
(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 Mobile or other 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) Because the safety zones are 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.
(d) Enforcement periods. This rule will be enforced between May 1,
2022 and May 15, 2022, beginning a reasonable time before splashdown of
a reentry vehicle in one of the areas described above, and will be
deactivated once the area is no longer hazardous. The COTP will inform
the public of which safety zone will be activated by Broadcast Notice
to Mariners on VHF-FM channel 16.

[[Page 26276]]

Dated: April 29, 2022
LaDonn A. Allen,
Captain, Commander, Coast Guard Sector Mobile, Captain of the Port
Mobile.
[FR Doc. 2022-09577 Filed 5-3-22; 8:45 am]
BILLING CODE 9110-04-P

</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>

View on FederalRegister.gov →Plain-text source

Indexed from Federal Register on May 4, 2022.

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.