Rule2022-27730
Safety Zones in Reentry Sites; Jacksonville, Daytona, Cape Canaveral, Tampa, and Tallahassee, Florida
Primary source
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Published
December 23, 2022
Effective
January 1, 2023
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is re-establishing five temporary safety zones for the safe splashdown and recovery of reentry vehicles launched by Space Exploration Technologies Corporation (SpaceX) in support of National Aeronautics and Space Administration (NASA) and privately chartered missions. The temporary safety zones are located within the Seventh Coast Guard District area of responsibility (AOR) offshore of Jacksonville, Daytona, Cape Canaveral, Tampa, and Tallahassee, Florida. This action is necessary to protect vessels and waterway users from the potential hazards created by reentry vehicle splashdowns and recovery operations in the U.S. Exclusive Economic Zone (EEZ). It is also necessary to provide for the safe recovery of reentry vehicles, and any personnel involved in reentry services, after the splashdown. This rule prohibits U.S.-flagged vessels from entering any of the temporary safety zones unless authorized by the District Commander of the Seventh Coast Guard District, the relevant Captain of the Port, or a designated representative.
Full Text
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[Federal Register Volume 87, Number 246 (Friday, December 23, 2022)]
[Rules and Regulations]
[Pages 78864-78869]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-27730]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2022-0806]
RIN 1625-AA00
Safety Zones in Reentry Sites; Jacksonville, Daytona, Cape
Canaveral, Tampa, and Tallahassee, Florida
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is re-establishing five temporary safety zones
for the safe splashdown and recovery of reentry vehicles launched by
Space Exploration Technologies Corporation (SpaceX) in support of
National Aeronautics and Space Administration (NASA) and privately
chartered missions. The temporary safety zones are located within the
Seventh Coast Guard District area of responsibility (AOR) offshore of
Jacksonville, Daytona, Cape Canaveral, Tampa, and Tallahassee, Florida.
This action is necessary to protect vessels and waterway users from the
potential hazards created by reentry vehicle splashdowns and recovery
operations in the U.S. Exclusive Economic Zone (EEZ). It is also
necessary to provide for the safe recovery of reentry vehicles, and any
personnel involved in reentry services, after the splashdown. This rule
prohibits U.S.-flagged vessels from entering any of the temporary
safety zones unless authorized by the District Commander of the Seventh
Coast Guard District, the relevant Captain of the Port, or a designated
representative.
DATES: This rule is effective from January 1, 2023, through February 4,
2024.
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-
2022-0806 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 about this
rulemaking, call or email Lieutenant Ryan Gilbert, District 7 Waterways
Division (dpw), U.S. Coast Guard; telephone (305) 415-6748, email
<a href="/cdn-cgi/l/email-protection#e0b299818ecea1cea7898c82859294a095938387ce8d898c"><span class="__cf_email__" data-cfemail="e1b398808fcfa0cfa6888d83849395a194928286cf8c888d">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
AOR Area of Responsibility
AIS Automatic Identification System
BNM Broadcast Notice to Mariners
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
EEZ Exclusive Economic Zone
FAA Federal Aviation Administration
FL Florida
FR Federal Register
GA Georgia
MSIB Marine Safety Information Bulletin
NASA National Aeronautics and Space Administration
NMFS National Marine Fisheries Service
NOAA National Oceanic and Atmospheric Administration
NM Nautical Mile
NPRM Notice of Proposed Rulemaking
Sec. Section
SpaceX Space Exploration Technologies Corporation
U.S. United States
U.S.C. United States Code
USFWS U.S. Fish and Wildlife Service
II. Background Information and Regulatory History
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. Section 8343 (134 Stat. 4710) calls
for the Coast Guard to conduct a two-year pilot program to establish
and implement a process to establish safety zones to address special
activities in the U.S. Exclusive
[[Page 78865]]
Economic Zone (EEZ).\1\ These special activities include space
activities \2\ carried out by United States (U.S.) citizens. Terms used
to describe space activities, including launch, reentry site, and
reentry vehicle, are defined in 51 U.S.C. 50902, and in this document.
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\1\ The Coast Guard defines the U.S. exclusive economic zone in
33 CFR 2.30(a). Territorial sea is defined in 33 CFR 2.22.
\2\ Space Activities means space activities, including launch
and reentry, as such terms are defined in section 50902 of Title 51,
United States Code, carried out by United States citizens.
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The Coast Guard has long monitored space activities impacting the
maritime domain and taken actions to ensure the safety of vessels and
the public as needed during space launch \3\ operations. In conducting
this activity, the Coast Guard engages with other government agencies,
including the Federal Aviation Administration (FAA) and National
Aeronautics and Space Administration (NASA), and private space
operators, including Space Exploration Technologies Corporation
(SpaceX). This engagement is necessary to ensure statutory and
regulatory obligations are met to ensure the safety of launch
operations and waterway users.
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\3\ The term launch is defined in 51 U.S.C. 50902.
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During this engagement, the Coast Guard was informed of space
reentry vehicles and recovery operations in the U.S. EEZ. Section 50902
of 51 U.S.C. defines ``reentry vehicle'' as 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. SpaceX, a U.S. company, identified five reentry
sites \4\ within the U.S. EEZ of the Coast Guard District Seven area of
responsibility (AOR) expected to be used for the splashdown and
recovery of reentry vehicles. All these sites are off the coast of
Florida (FL) and Georgia (GA)--three are located in the Atlantic Ocean
and two are located in the Gulf of Mexico.
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\4\ Reentry site means the location on Earth to which a reentry
vehicle is intended to return (as defined in a license the FAA
Administrator issues or transfers under this chapter).
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On August 4, 2022, the Coast Guard published a temporary final rule
(TFR) \5\ in the Federal Register establishing five temporary safety
zones for the safe splashdown and recovery of reentry vehicles launched
by SpaceX in support of NASA missions. See 33 CFR 165.T07-0289. These
temporary regulations expire on December 31, 2022.
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\5\ See Coast Guard temporary final rule titled, ``Safety Zones
in Reentry Sites; Jacksonville, Daytona, Cape Canaveral, Tampa, and
Tallahassee, Florida'' (87 FR 47626).
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On October 21, 2022, the Coast Guard published a notice of proposed
rulemaking (NPRM) in the Federal Register titled, ``Safety Zones in
Reentry Sites; Jacksonville, Daytona, Cape Canaveral, Tampa, and
Tallahassee, Florida.'' \6\ In the NPRM, we stated the purpose of the
rulemaking was to create five temporary safety zones off the coast of
FL and GA that would ensure the protection of vessels and waterway
users in the U.S. Exclusive Economic Zone (EEZ) \7\ from the potential
hazards created by reentry vehicle splashdowns \8\ and recovery
operations, and the safe recovery of reentry vehicles and personnel
involved in reentry services.\9\ The NPRM invited comments on the
proposed rule. During the comment period that ended November 21, 2022,
we received four comment submissions.
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\6\ 87 FR 63981.
\7\ The Coast Guard defines the U.S. exclusive economic zone in
33 CFR 2.30(a). Territorial sea is defined in 33 CFR 2.22.
\8\ Splashdown refers to the landing of a reentry vehicle into a
body of water.
\9\ Reentry Services means (1) activities involved in the
preparation of a reentry vehicle and payload, crew (including crew
training), government astronaut, or space flight participant, if
any, for reentry; and (2) the conduct of a reentry.
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With this TFR, the Coast Guard is ensuring the five temporary
safety zones created by this TFR are in place for the safe reentry
vehicle splashdown and recovery of reentry vehicles missions launched
by SpaceX in support of NASA missions, and privately chartered missions
during the remaining period of the pilot program, from January 1, 2023,
through February 4, 2024.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under section 8343 of the
Authorization Act. The Seventh District Commander has determined there
are potential hazards in the U.S. EEZ created by reentry vehicle
splashdowns and recovery operations, and the safe recovery of reentry
vehicles and personnel involved in reentry services. The purpose of
this rule is to ensure safety of vessels, reentry vehicles, personnel
involved in reentry services and the navigable waters in the safety
zone, whenever a splashdown occurs.
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 because this rule is needed to
ensure there is no lapse in coverage when the existing regulations in
Sec. 165.T07-0289 expire on December 31, 2022. Delaying the effective
date of this rule would be impracticable and contrary to the public
interest because the Cargo Resupply Mission 26 (CRS-26) is scheduled to
splashdown in early January 2023, and the rule needs to be effective
before the splashdown occurs. Delaying the enforcement of this rule to
allow a 30-day effective period would inhibit the Coast Guard's ability
to fulfill its mission to ensure the protection of vessels and waterway
users in the U.S. EEZ from the potential hazards created by reentry
vehicle splashdowns and recovery operations, and the safe recovery of
reentry vehicles and personnel involved in reentry services.
IV. Discussion of Comments, Changes, and the Rule
As noted above, we received four comment submissions on our NPRM
that published in the Federal Register on October 21, 2022. The
commenters expressed concerns regarding commercial fisheries and
related economic impacts, potential environmental impacts, and the
Coast Guard's notification process. These issues are discussed below.
Several commenters asked whether the Coast Guard had engaged with
the National Oceanic and Atmospheric Administration (NOAA) National
Marine Fisheries Service (NMFS); inquired whether the reentry vehicle
splashdown and recovery operations complied with the National
Environmental Policy Act (NEPA); requested further analyses on the
potential releases of hazardous substances by reentry vehicles; and
inquired about the potential impacts to the marine environment and
commercial fisheries stocks.
While the Coast Guard did not engage NOAA NMFS, the Coast Guard
prepared a preliminary Record of Environmental Consideration (REC) at
the NPRM stage and a final REC for this rulemaking stage (see section
F. Environment in this document). These reviews aided the Coast Guard
in determining that fisheries stocks would not be impacted.
Furthermore, this rulemaking involves the creation of temporary safety
zones that will only be activated periodically for relatively short
time periods. In most cases the safety zones will be activated for four
hours or less, therefore any impact on fisheries stocks would be
insignificant.
As discussed in the environmental section of our NPRM and in this
document, the Coast Guard determined this rulemaking is categorically
[[Page 78866]]
excluded (CATEX) \10\ under NEPA from undergoing a detailed
environmental analysis in an Environmental Assessment or Environmental
Impact Statement because the activities have been determined to
normally not have the potential, individually or cumulatively, to have
a significant effect on the human environment. Reentry vehicle
splashdown activities are licensed by the FAA. During the FAA licensing
process, and in various rulemakings and related environmental reviews
promulgated by the FAA, many of the issues related to fishery and
environmental concerns were addressed. Most notably, the FAA completed
an extensive Environmental Assessment (FAA EA) in July of 2020.\11\ In
that EA, the FAA consulted with the U.S. Fish and Wildlife Service
(USFWS) and the NMFS. The Coast Guard is establishing these temporary
safety zones to ensure the protection of vessels and waterway users in
the U.S. EEZ from the potential hazards created by reentry vehicle
splashdowns and recovery operations, and the safe recovery of reentry
vehicles and personnel involved in reentry services.
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\10\ This rule 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.
\11\ <a href="https://www.faa.gov/space/environmental/nepa_docs">https://www.faa.gov/space/environmental/nepa_docs</a>.
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Three commenters expressed concerns about the economic impact on
commercial vessels of various sizes and types, the economic impact on
small fishing businesses, along with other impacts on recreational
vessels due to closures for reentry or recovery operations. This
rulemaking will not have a significant impact on any type of commercial
or recreational fishing vessel activity because all vessels would be
able to transit around the activated temporary safety zone, during the
recovery, and the recovery would be relatively short in duration. The
activated temporary safety zone will typically be enforced for
approximately four hours, and no more than eight hours in extremely
extenuating circumstances. The Coast Guard is taking significant
actions to minimize, to the extent possible, the impact on commercial
and recreational waterway use. Ultimately the Coast Guard deems the
benefits and needs for the creation of the five temporary safety zones,
to provide protection to vessels and waterway users from the potential
hazards created by reentry vehicle splashdowns and recovery operations
while providing for the safe recovery of reentry vehicles, and any
personnel involved in reentry services, to exceed the indirect impacts
on the entities the commenters noted.
Several commenters expressed concerns about public notification.
While it is not necessary to modify the rule's regulatory text,
additional explanation of the intended notification methods is merited.
Four commenters suggested expanding the means to notify fisherman
beyond the proposed Broadcast Notice to Mariners (BNM) on VHF-FM 16,
and/or Marine Safety Information Bulletins (MSIB) to optimize
notification to commercial and recreational fishing vessels. The Coast
Guard will continue to provide proper notification to all marine
transportation system users through available platforms to maintain
timely and current information with regards to space launch and
recovery operations. If waterway users are concerned, they will not be
able to get this information in a timely manner, or they will not see
the notices or broadcasts the Coast Guard distributes and publishes,
they have the ability sign up for email updates on the Coast Guard's
Navigation Center's website.\12\
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\12\ <a href="https://www.navcen.uscg.gov/broadcast-notice-to-mariners">https://www.navcen.uscg.gov/broadcast-notice-to-mariners</a>.
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Three commenters requested that reentry safety zones be clearly
identified on digital navigation or Automatic Identification System
(AIS) charts for all waterway users to have access to, to reduce the
need to input coordinates each time a notification is issued. The Coast
Guard is evaluating different options to provide mariners with an
efficient way including, plotting the temporary safety zones in the
NOAA charts and AIS broadcasts.
Two commenters inquired about how they would be notified when the
temporary safety zones are enforced. Upon notification of a reentry
vehicle's reentry, the Coast Guard would activate all five temporary
safety zones to serve as a cautionary warning that a reentry vehicle
could splashdown in one of the five temporary safety zones during the
specified time period. However, only one of the five temporary safety
zones will be enforced for the window of time of the reentry vehicle
splashdown and recovery. Once the Coast Guard receives confirmation
from NASA or SpaceX, where the reentry vehicle will splashdown, usually
within 24 hours of the reentry vehicle splashdown, the public will be
notified that only one of the five temporary safety zones will be
enforced, all other temporary safety zones will be deactivated. The
notification of enforcement that the Coast Guard publishes in the
Federal Register will set out the specific times that the one temporary
safety zone will be closed (enforced), and it will typically be no more
than six hours. This will allow the Coast Guard to ensure the activated
temporary safety zone is cleared prior to the reentry vehicle's
reentry. After the Coast Guard receives notification that the reentry
vehicle's recovery operation is complete, the temporary safety zone
enforcement will be deactivated, and mariners will be notified of the
deactivation via VHF-FM Channel 16.
The Coast Guard identified in an internal review that the
Jacksonville reentry site, as provided by NASA and SpaceX, straddles
the border of the Jacksonville COTP zone and the Savannah COTP zone.
The coordinates of the Jacksonville reentry site safety zone itself has
not changed. Moving forward, the COTP Savannah will follow the same
notification procedures as the COTP Jacksonville, and the COTP St.
Petersburg, at least as it pertains to the portion of the safety zone
that falls under the Savannah COTP zone. The only change in regulatory
text to this rule, from the proposed rule in the NPRM, is the addition
of the Captain of the Port of Savannah to the definition of Captain of
the Port.
When discussing all these issues it is important to reiterate that
all these safety zones are part of a pilot program, and this is a newly
established authority for the Coast Guard. This means, all these
processes are new, and part of a larger Coast Guard initiative to
establish how to best regulate these types of issues. With every
recovery operation, the Coast Guard seeks to further streamline the
process, and make it more efficient for the public, and those operating
reentry vehicles because at the end of the pilot program the Coast
Guard is required to brief the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate.\13\
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\13\ Section 8343 of the Authorization Act.
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With this TFR, the Coast Guard is ensuring that the five temporary
safety zones created by this TFR are in place for the safe reentry
vehicle splashdown and recovery of reentry vehicles launched by SpaceX
in support of NASA and privately chartered missions from January 1,
2023, through February 4, 2024.
The temporary safety zones are in the U.S. EEZ within the Coast
Guard District Seven AOR offshore of Jacksonville, Daytona, and Cape
Canaveral, FL, in the Atlantic Ocean, and Tampa and Tallahassee, FL, in
the Gulf of Mexico. The rule prohibits U.S.-
[[Page 78867]]
flagged vessels from entering any of the safety zones unless authorized
by the District Commander, a Coast COTP, or a designated
representative. Because the safety zones are within the U.S. EEZ, only
U.S.-flagged vessels will be subject to enforcement. However, all
foreign-flagged vessels are encouraged to remain outside the safety
zones.
Three of the five temporary safety zones are located off the coast
of FL and GA in the Atlantic Ocean in the following areas: (1)
Approximately 65 nautical miles (NM) northeast from Jacksonville; (2)
29 NM northeast from Daytona; and (3) 17 NM east from Port Canaveral.
The remaining two temporary safety zones are located off the coast of
FL in the Gulf of Mexico in the following areas: (1) Approximately 58
NM northwest from Tampa Bay; and (2) 43 NM south from Tallahassee. The
Jacksonville, Daytona, Cape Canaveral, and Tampa safety zones have an
approximate area of 256 square miles, and are diamond shaped with the
top point of the diamond pointing to the North. The Tallahassee safety
zone is approximately 59 square miles in size and is triangular in
shape. The Tallahassee safety zone, as provided by NASA and SpaceX, is
the same size and shape as the other four safety zones; however, only a
portion of the safety zone is within the jurisdiction of the Seventh
Coast Guard District, so only the 59 square miles is included in this
rule. The remaining portion of the safety zone falls within the Coast
Guard District Eight AOR.
The coordinates for the safety zones are based on the furthest
north, east, south, and west points of the reentry vehicles splashdown
and are determined from data and modeling by SpaceX and NASA. The
coordinates take into account the trajectories of the reentry vehicles
coming out of orbit, the potential risk to the public, and the
proximity to medical facilities that meet NASA requirements. The
specific coordinates for the five temporary safety zones are presented
in the regulatory text at the end of this document.
To the extent feasible, the District Commander, COTP,\14\ or
designated representative will inform the public of the activation of
the five temporary safety zones by Notice of Enforcement (NOE)
published in the Federal Register at least two days before the reentry
vehicle splashdown. The NOE will identify the approximate date(s)
during which a reentry vehicle splashdown and recovery operations will
occur. The District Commander, or the COTP Savannah, and COTP
Jacksonville will issue the NOEs for the safety zone located in
Jacksonville. The District Commander, or COTP Jacksonville will issue
the NOEs for the safety zone located in Daytona, and Cape Canaveral,
FL. The District Commander or COTP St. Petersburg will issue the NOEs
for the safety zones located Tampa and Tallahassee, FL.
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\14\ The Daytona, and Cape Canaveral, FL zones in the COTP
Jacksonville AOR, along with a portion of the Jacksonville zone. The
remaining portion of the Jacksonville zone is in the COTP Savannah
AOR. The zones in the COTP St. Petersburg AOR are Tampa and
Tallahassee, FL.
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To the extent possible, twenty-four hours before a reentry vehicle
splashdown and recovery operations, the District Commander, COTP, or
designated representative will inform the public whether one of the
five safety zones will remain activated (subject to enforcement) until
announced by BNM on VHF-FM channel 16, and/or MSIB (as appropriate)
that the safety zone is no longer subject to enforcement. The specific
temporary safety zone to be enforced will be based on varying mission
and environmental factors, including atmospheric conditions, sea state,
weather, and orbital calculations.
The MSIB will include the geographic coordinates of the activated
safety zone, a map identifying the location of the activated safety
zone, and information related to potential hazards associated with a
reentry vehicle splashdown and recovery operations associated with
space activities, including marine environmental and public health
hazards, such the release of hydrazine and other potential oil or
hazardous substances.
When the safety zone is activated, the District Commander, COTP, or
designated representative will be able to restrict U.S.-flagged vessel
movement including but not limited to transiting, anchoring, or mooring
within the safety zone to protect vessels from hazards associated with
space activities. The activated safety zone will ensure the protection
of vessels and waterway users from the potential hazards created by
reentry vehicle splashdowns and recovery operations. This includes
protection during the recovery of a reentry vehicle, and the protection
of personnel involved in reentry services and space support
vessels.\15\
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\15\ Space Support Vessel means any vessel engaged in the
support of space activities. These vessels are typically
approximately 170 feet in length, have a forward wheelhouse, and are
equipped with a helicopter pad and lifting crane.
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After a reentry vehicle splashdown, the District Commander, COTP,
or designated representative will grant general permission to come no
closer than 3 NM within the activated safety zone from any reentry
vehicle or space support vessel engaged in the recovery operations. The
recovery operations are expected to last approximately one hour. That
should allow for sufficient time to let any potential toxic materials
clear the reentry vehicle, recovery of the reentry vehicle by the space
support vessel, and address any potential medical evacuations for any
personnel involved in reentry services that were onboard the reentry
vehicle.
Once a reentry vehicle and any personnel involved in reentry
services are removed from the water and secured onboard a space support
vessel, the District Commander, COTP, or designated representative
would issue a BNM on VHF-FM channel 16 announcing the activated safety
zone is no longer subject to enforcement. A photograph of a reentry
vehicle and space support vessel expected to use the reentry sites are
available in the docket.
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, the NPRM
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 temporary safety zones. The
temporary safety zones are limited in size and location to only those
areas where reentry vehicles splashdown and recovery operations occur.
The safety zones are limited in scope, as vessel traffic would be able
to safely transit around the activated safety zone which will only
impact a small part of the U.S. EEZ within the Atlantic Ocean and Gulf
of Mexico. This rule involves the establishment of five temporary
safety zones which will be activated two days before a reentry vehicle
splashdown and recovery operations. Twenty-four hours before a reentry
vehicle splashdown, the Coast Guard will inform the public whether any
of the five temporary safety zones will remain activated. If one of the
safety zones remains activated, the safety zone will be enforced for
[[Page 78868]]
approximately four hours prior to a reentry vehicle splashdown and
remain activated until announced by Broadcast Notice to Mariners on
VHF-FM channel 16, and/or Marine Safety Information Bulletin (as
appropriate) that the safety zone is no longer subject to enforcement.
After the reentry vehicle splashdown, general permission will be
granted to come no closer than 3 NM within the activated safety zone.
There is a danger associated with fumes from the reentry vehicle after
it has splashed down. Once a reentry vehicle and any personnel involved
in reentry services are removed from the water and secured onboard a
space support vessel, the activated safety zone will no longer be
subject to enforcement. The activated safety zone will ensure the
protection of vessels and waterway users from the potential hazards
created by a reentry vehicle splashdown and recovery operations and the
recovery of a reentry vehicle, personnel involved in reentry services,
and space support vessel.
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
would not have a significant economic impact on a substantial number of
small entities.
The safety zones are only expected to last a few hours from reentry
vehicle splashdown to recovery. Vessels will 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.
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 (Public Law 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. 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 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 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 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 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 rule would not result
in such an expenditure, we do discuss the potential 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 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
rule involves the establishment of five temporary safety zones which
would be activated two days before a reentry vehicle splashdown and
recovery operations. Twenty-four hours before a reentry vehicle
splashdown, one of the five temporary safety zones would remain
activated. If one of the safety zones remains activated, the safety
zone will be enforced for approximately four hours prior to a reentry
vehicle splashdown and remain activated until announced by BNM on VHF-
FM channel 16, and/or MSIB (as appropriate) that the safety zone is no
longer subject to enforcement. After a reentry vehicle splashdown,
general permission would be granted to come no closer than 3 NM within
the activated safety zone. Once a reentry vehicle and any personnel
involved in reentry services are removed from the water and secured
onboard a space support vessel, the activated safety zone would no
longer be subject to enforcement. Normally such actions are
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 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:
[[Page 78869]]
Authority: 46 U.S.C. 70034, 70051, 70124; 33 CFR 1.05-1, 6.04-1,
6.04-6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.3.
0
2. Add Sec. 165.T07-0806 to read as follows:
Sec. 165.T07-0806 Safety Zones in Reentry Sites; Jacksonville,
Daytona, Cape Canaveral, Tampa, and Tallahassee, Florida.
(a) Location. The coordinates used in this paragraph are based on
the World Geodetic System (WGS) 1984. The following areas are safety
zones:
(1) Jacksonville site. All waters from surface to bottom
encompassed within a line connecting the following points: Point 1,
thence to Point 2, thence to Point 3, thence to Point 4, and then back
to Point 1.
Table 1 to Paragraph (a)(1)
------------------------------------------------------------------------
------------------------------------------------------------------------
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
------------------------------------------------------------------------
(2) Daytona site. All waters from surface to bottom encompassed
within a line connecting the following points: Point 1, thence to Point
2, thence to Point 3, thence to Point 4, and then back to Point 1.
Table 2 to Paragraph (a)(2)
------------------------------------------------------------------------
------------------------------------------------------------------------
Point 1......................... 29[deg]59'27'' N.. 080[deg]40'01'' W
Point 2......................... 29[deg]48'00'' N.. 080[deg]26'52'' W
Point 3......................... 29[deg]36'32'' N.. 080[deg]40'01'' W
Point 4......................... 29[deg]48'00'' N.. 080[deg]53'09'' W
------------------------------------------------------------------------
(3) Cape Canaveral site. All waters from surface to bottom
encompassed within a line connecting the following points: Point 1,
thence to Point 2, thence to Point 3, thence to Point 4, and then back
to Point 1.
Table 3 to Paragraph (a)(3)
------------------------------------------------------------------------
------------------------------------------------------------------------
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
------------------------------------------------------------------------
(4) Tampa site. All waters from surface to bottom encompassed
within a line connecting the following points: Point 1, thence to Point
2, thence to Point 3, thence to Point 4, and then back to Point 1.
Table 4 to Paragraph (a)(4)
------------------------------------------------------------------------
------------------------------------------------------------------------
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
------------------------------------------------------------------------
(5) Tallahassee site. All waters from surface to bottom encompassed
within a line connecting the following points: Point 1, thence to Point
2, thence to Point 3, and then back to Point 1.
Table 5 to Paragraph (a)(5)
------------------------------------------------------------------------
------------------------------------------------------------------------
Point 1......................... 29[deg]22'38'' N.. 084[deg]05'20'' W
Point 2......................... 29[deg]16'58'' N.. 083[deg]58'55'' W
Point 3......................... 29[deg]06'20'' N.. 084[deg]11'12'' W
------------------------------------------------------------------------
(b) Definitions. As used in this section--
District Commander means Commander of the Seventh Coast Guard
District.
Captain of the Port means the Captain of the Port of Jacksonville,
the Captain of the Port of Savannah, or the Captain of the Port of St.
Petersburg.
Designated representative means a Coast Guard Patrol Commander,
including a Coast Guard coxswain, petty officer, or other officer
operating a Coast Guard vessel; Coast Guard Representatives in the
Merrill Operations Center; and other officers designated by the
District Commander of the Seventh Coast Guard District or cognizant
COTP.
Reentry Services means activities involved in the preparation of a
reentry vehicle and payload, crew (including crew training), government
astronaut, or space flight participant, if any, for reentry; and the
conduct of a reentry.
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.
Space Support Vessel means any vessel engaged in the support of
space activities. These vessels are typically approximately 170 feet in
length, have a forward wheelhouse, and are equipped with a helicopter
pad and lifting crane.
Splashdown means the landing of a reentry vehicle into a body of
water.
(c) Regulations. (1) Because the safety zones described in
paragraph (a) of this section are within the U.S. Exclusive Economic
Zone, only U.S.-flagged vessels are subject to enforcement. All
foreign-flagged vessels are encouraged to remain outside the safety
zones.
(2) In accordance with the general regulations in 33 CFR part 165,
subpart C, no U.S.-flagged vessel may enter the safety zones described
in paragraph (a) of this section unless authorized by the District
Commander, COTP, or designated representative, except as provided in
paragraph (d)(3) of this section.
(d) Notification of enforcement. (1) To the extent feasible, the
District Commander, COTP, or designated representative will inform the
public of the activation of the five safety zones described in
paragraph (a) of this section by Notice of Enforcement published in the
Federal Register at least two days before the splashdown.
(2) To the extent possible, twenty-four hours before a reentry
vehicle splashdown, the District Commander, COTP, or designated
representative will inform the public if one of the five safety zones
described in paragraph (a) will remain activated until announced by
Broadcast Notice to Mariners on VHF-FM channel 16, and/or Marine Safety
Information Bulletin (as appropriate) that the safety zone is no longer
subject to enforcement.
(3) After a reentry vehicle splashdown, the District Commander,
COTP, or designated representative will grant general permission to
come no closer than 3 nautical miles of any reentry vehicle or space
support vessel engaged in the recovery operations, within the activated
safety zone described in paragraph (a) of this section.
(4) Once a reentry vehicle, and any personnel involved in reentry
service, are removed from the water and secured onboard a space support
vessel, the District Commander, COTP, or designated representative will
issue a Broadcast Notice to Mariners on VHF-FM channel 16 announcing
the activated safety zone is no longer subject to enforcement.
(e) Effective period. This section is effective from January 1,
2023, through February 4, 2024.
Dated: December 16, 2022.
Brendan C. McPherson,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard
District.
[FR Doc. 2022-27730 Filed 12-22-22; 8:45 am]
BILLING CODE 9110-04-P
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