Rule2023-04338
Safety Zones in Reentry Sites; Panama City, Pensacola, 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
March 3, 2023
Effective
March 3, 2023
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is establishing three 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) missions. The temporary safety zones are located within the Coast Guard Sector Mobile area of responsibility (AOR) offshore of Panama City, Pensacola, and Tallahassee, Florida. This rule prohibits U.S.-flagged vessels from entering any of the temporary safety zones unless authorized by the Commanding Officer of Coast Guard Sector Mobile or a designated representative. Foreign-flagged vessels are encouraged to remain outside the safety zones. 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 ensure the safe recovery of reentry vehicles, and any personnel involved in reentry services, after the splashdown. We received no public comments.
Full Text
<html>
<head>
<title>Federal Register, Volume 88 Issue 42 (Friday, March 3, 2023)</title>
</head>
<body><pre>
[Federal Register Volume 88, Number 42 (Friday, March 3, 2023)]
[Rules and Regulations]
[Pages 13316-13320]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-04338]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2022-0995]
RIN 1625-AA00
Safety Zones in Reentry Sites; Panama City, Pensacola, and
Tallahassee, Florida
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing three 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) missions. The
temporary safety zones are located within the Coast Guard Sector Mobile
area of responsibility (AOR) offshore of Panama City, Pensacola, and
Tallahassee, Florida. This rule prohibits U.S.-flagged vessels from
entering any of the temporary safety zones unless authorized by the
Commanding Officer of Coast Guard Sector Mobile or a designated
representative. Foreign-flagged vessels are encouraged to remain
outside the safety zones. 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 ensure the safe recovery
of reentry vehicles, and any personnel involved in reentry services,
after the splashdown. We received no public comments.
DATES: This rule is effective from March 3, 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-
2022-0995 in the search box and click ``Search.'' Next, in the Document
Type column, select ``Supporting & Related Material.''
[[Page 13317]]
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email the Sector Mobile Waterways Division (dpw), U.S. Coast
Guard; telephone: 251-441-5940, 251-441-5767, email
<a href="/cdn-cgi/l/email-protection#20734543544f526d4f42494c4577415445525741595360555343470e4d494c"><span class="__cf_email__" data-cfemail="6e3d0b0d1a011c23010c07020b390f1a0b1c190f171d2e1b1d0d0940030702">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
AOR Area of Responsibility
BNM Broadcast Notice to Mariners
CFR Code of Federal Regulations
DHS Department of Homeland Security
EEZ Exclusive Economic Zone
FAA Federal Aviation Administration
FR Federal Register
NASA National Aeronautics and Space Administration
NM Nautical Mile
NOE Notice of Enforcement
NPRM Notice of Proposed Rulemaking
Sec. Section
SMIB Safety Marine Information Bulletin
SpaceX Space Exploration Technologies Corporation
U.S.C. United States Code
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 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.
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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 operations.\3\ 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.
---------------------------------------------------------------------------
\3\ The term launch is defined in 51 U.S.C. 50902.
---------------------------------------------------------------------------
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, has identified three
reentry sites \4\ within the U.S. EEZ of the Coast Guard District Eight
area of responsibility (AOR) expected to be used for the splashdown \5\
and recovery of reentry vehicles. All of these sites are located in the
Gulf of Mexico off the coast of Florida (FL).
---------------------------------------------------------------------------
\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).
\5\ Splashdown refers to the landing of a reentry vehicle into a
body of water.
---------------------------------------------------------------------------
On May 4, 2022, we published a temporary final rule in the Federal
Register (87 FR 26273) for two anticipated reentry vehicle recovery
missions within the Coast Guard District Eight AOR offshore of Panama
City, Pensacola, and Tallahassee, FL from April 17, 2022 through May
15, 2022. Based on the date the Coast Guard was informed of the
reentry, and the immediate need to establish the safety zone, the Coast
Guard did not have sufficient time to publish a notice of proposed
rulemaking (NPRM) for that rule. The Coast Guard additionally published
recovery mission temporary final rules for the periods from August 22,
2022 through September 30, 2022 (87 FR 51253) and October 12, 2022
through November 10, 2022 (87 FR 61508).
On January 11, 2023, the Coast Guard published a notice of proposed
rulemaking (NPRM) in the Federal Register titled, ``Safety Zones in
Reentry Sites; Panama City, Pensacola, and Tallahassee, Florida.'' (88
FR 1528) In the NPRM, we stated the purpose of the rulemaking was to
create three temporary safety zones off the coast of FL that would
ensure the protection of vessels and waterway users in the U.S.
Exclusive Economic Zone (EEZ) \6\ from the potential hazards created by
reentry vehicle splashdowns \7\ and recovery operations, and the safe
recovery of reentry vehicles and personnel involved in reentry
services.\8\ The NPRM invited comments on the proposed rule. During the
comment period that ended February 10, 20223, we received one comment.
---------------------------------------------------------------------------
\6\ 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.
\7\ Splashdown refers to the landing of a reentry vehicle into a
body of water.
\8\ 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.
---------------------------------------------------------------------------
With this temporary final rule, the Coast Guard is ensuring the
three 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,
which ends on 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 Sector Commander Sector Mobile 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 delaying the effective date
of the rule would be impracticable and contrary to the public interest.
This rule is needed to ensure there are safety zones in place for
upcoming recovery operations. 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 and the Rule
As noted above, we received one comment on the NPRM that was
published on January 10, 2023. The commenter stated that a notice to
the public of space recovery operations in the Federal Register alone,
in their opinion, was insufficient. We concur with this opinion and
that is why the Coast Guard has three different means of
[[Page 13318]]
disseminating this information as prescribed in this rule.
The temporary safety zones are located within the Coast Guard
Sector Mobile AOR offshore of Panama City, Pensacola, and Tallahassee,
FL in the Gulf of Mexico. The temporary final rule prohibits U.S.-
flagged vessels from entering any of the safety zones unless authorized
by the Sector Commander of Coast Guard Sector Mobile or a designated
representative. Because the safety zones are within the U.S. EEZ, only
U.S.-flagged vessels would be subject to enforcement. However, all
foreign-flagged vessels are encouraged to remain outside the safety
zones.
The three temporary safety zones are located off the coast of FL in
the Gulf of Mexico in the following areas: (1) Approximately 30 NM
southwest from Pensacola; (2) 26 NM southwest from Panama City; and 40
NM south of Tallahassee. All three safety zones have an approximate
area of 100 square miles and are in the shape of a square.
The coordinates for the safety zones are based on the furthest
north, east, south, and west points of splashdown for the reentry
vehicles 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 three temporary safety zones are presented
in the regulatory text at the end of this document.
To the extent feasible, the Sector Commander or a designated
representative will inform the public of the activation of the three
temporary safety zones by Notice of Enforcement (NOE) published in the
Federal Register at least two days before the reentry vehicle
splashdown. The NOE would identify the approximate date(s) during which
a reentry vehicle splashdown and recovery operations would occur.
To the extent possible, twenty-four hours before a reentry vehicle
splashdown and recovery operations, the Sector Commander or designated
representative will inform the public that only one of the three safety
zones would remain activated (subject to enforcement) until announced
by Broadcast Notice to Mariners (BNM) on VHF-FM channel 16, and/or
Safety Marine Information Broadcast (SMIB) (as appropriate) that the
safety zone is no longer subject to enforcement. The specific temporary
safety zone to be enforced would be based on varying mission and
environmental factors, including atmospheric conditions, sea state,
weather, and orbital calculations.
The SMIB will include the geographic coordinates of the activated
safety zone, pertinent dates and times of enforcement, and information
related to potential hazards with a reentry vehicle splashdown and
recovery operations associated with space activities, including marine
environmental and public health hazards from hydrazine and other
potential oil or hazardous substances.
When the safety zone is activated, the Sector Commander or a
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.\9\
---------------------------------------------------------------------------
\9\ 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.
---------------------------------------------------------------------------
After a reentry vehicle splashdown, the Sector Commander or a
designated representative would 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 Sector Commander 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, 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 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 Gulf of Mexico. The
proposed rule involves the establishment of three 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 three temporary safety zones would
remain active. After a reentry vehicle splashdown, general permission
would 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 would
no longer be subject to enforcement. The activated safety zone would
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
[[Page 13319]]
with populations of less than 50,000. The Coast Guard received 0
comments from the Small Business Administration on this rulemaking. 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 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, 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 three
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
SMIB (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. 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, 70124; section 8343 of Pub.
L. 116-283, 134 Stat. 3388, 4710; 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.T08-1000 to read as follows:
Sec. 165.T08-1000 Safety Zones; Panama City, Pensacola, 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) Pensacola 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, and thence to point 4, connecting back
to Point 1:
------------------------------------------------------------------------
------------------------------------------------------------------------
Point 1........................ 29[deg]53'02'' N -087[deg]35'46'' W
Point 2........................ 29[deg]53'02'' N -087[deg]24'14'' W
Point 3........................ 29[deg]42'58'' N -087[deg]24'14'' W
Point 4........................ 29[deg]42'58'' N -087[deg]35'46'' 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, thence to Point 3, and thence to point
[[Page 13320]]
4, connecting back to Point 1:
------------------------------------------------------------------------
------------------------------------------------------------------------
Point 1........................ 29[deg]47'46'' N -086[deg]16'44'' W
Point 2........................ 29[deg]47'46'' N -086[deg]05'20'' W
Point 3........................ 29[deg]37'48'' N -086[deg]05'20'' W
Point 4........................ 29[deg]37'48'' N -086[deg]16'44'' W
------------------------------------------------------------------------
(3) 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, and thence to point 4, connecting back
to Point 1:
------------------------------------------------------------------------
------------------------------------------------------------------------
Point 1........................ 29[deg]21'47'' N -084[deg]17'46'' W
Point 2........................ 29[deg]21'47'' N -084[deg]06'18'' W
Point 3........................ 29[deg]11'46'' N -084[deg]06'18'' W
Point 4........................ 29[deg]11'46'' N -084[deg]17'46'' W
------------------------------------------------------------------------
(b) Definitions. As used in this section--
Designated representative means a Coast Guard Captain of the Port
Sector Mobile; Coast Guard Patrol Commanders including Coast Guard
coxswains, petty officers and other officers operating a Coast Guard
vessel; Coast Guard Representatives in the Merrill Operations Center;
and other officers designated by the Captain of the Port Sector Mobile
or assisting the Captain of the Port Sector Mobile in the enforcement
of the safety zones.
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.
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 Captain of
the Port Sector Mobile or a designated representative, except as
provided in paragraph (d)(3).
(d) Enforcement periods. (1) To the extent possible, at least two
days before a reentry vehicle splashdown, the Captain of the Port
Sector Mobile or designated representative will inform the public of
the activation of the three safety zones described in paragraph (a) of
this section by Broadcast Notice to Mariners on VHF-FM channel 16, and/
or Safety Marine Information Broadcast (as appropriate) for at least
two days before the splashdown.
(2) To the extent possible, twenty-four hours before a reentry
vehicle splashdown, the Captain of the Port Sector Mobile or designated
representative will inform the public that only one of the three safety
zones described in paragraph (a) will remain activated until announced
by Broadcast Notice to Mariners on VHF-FM channel 16, and/or Safety
Marine Information Broadcast (as appropriate) that the safety zone is
no longer subject to enforcement.
(3) After a reentry vehicle splashdown, the Captain of the Port
Sector Mobile or a designated representative will grant general
permission to come no closer than three 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 Captain of the Port Sector Mobile 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.
Dated: February 24, 2023.
Ulysses S. Mullins,
Captain, U.S. Coast Guard, Commander, Coast Guard Sector Mobile.
[FR Doc. 2023-04338 Filed 3-2-23; 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>Indexed from Federal Register on March 3, 2023.
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.