Safety Zones in Reentry Sites; Jacksonville, Daytona, Cape Canaveral, Tampa, and Tallahassee, Florida, 47626-47630 [2022-16743]
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47626
Federal Register / Vol. 87, No. 149 / Thursday, August 4, 2022 / Rules and Regulations
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 3
separate safety zones over the course of
3 days that in total will last for 13 hours.
It is categorically excluded from further
review under paragraph L[60] 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:
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Dated: July 25, 2022.
H.R. Mattern,
Captain, U.S. Coast Guard, Captain of the
Port Sector Ohio Valley.
[FR Doc. 2022–16634 Filed 8–3–22; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[[Docket Number USCG–2022–0289]
RIN 1625–AA00
Safety Zones in Reentry Sites;
Jacksonville, Daytona, Cape
Canaveral, Tampa, and Tallahassee,
Florida
Coast Guard, DHS.
Temporary final rule.
The Coast Guard is
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) missions through December 31,
2022. The temporary safety zones are
located within the Seventh Coast Guard
District area of responsibility (AOR)
offshore of Jacksonville, Daytona, Cape
SUMMARY:
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. 0170.1., Revision No. 01.2.
Jkt 256001
(a) Location. The following area is a
safety zone: all navigable waters of the
Cumberland River, Mile Markers 191.1–
191.5, extending the entire width of the
river.
(b) 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) To seek permission to enter,
contact the COTP or the COTP’s
representative by VHF Channel 16.
Those in the safety zone must comply
with all lawful orders or directions
given to them by the COTP or the
COTP’s designated representative.
(c) Enforcement period. This section
will be enforced on:
(1) August 5, 2022 from 2 p.m. until
6:30 p.m.;
(2) August 6, 2022 from 11 a.m. until
5 p.m.; and
(3) August 7, 2022 from 2 p.m. until
4:30 p.m.
ACTION:
■
16:02 Aug 03, 2022
§ 165.T08–0275 Safety Zone; Cumberland
River, Nashville, TN
AGENCY:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
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2. Add § 165.T08–0275 to read as
follows:
■
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Canaveral, Tampa, and Tallahassee,
Florida. This rule implements a special
activities provision of the William M.
(Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021.
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 or a designated representative.
DATES: This rule is effective from
August 10, 2022, through December 31,
2022.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2022–
0289 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 Ryan Gilbert, District 7
Waterways Division (dpw), U.S. Coast
Guard; telephone 305–415–6750, email
Ryan.A.Gilbert@uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
BNM Broadcast Notice to Mariners
CRS–25 Commercial Resupply Service-25
Mission
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
JAXPORT Jacksonville Port Authority
MSIB Marine Safety Information Bulletin
NASA National Aeronautics and Space
Administration
NM Nautical Mile
NPRM Notice of Proposed Rulemaking
§ Section
SpaceX Space Exploration Technologies
Corporation
U.S. United States
U.S.C. United States Code
II. Background Information and
Regulatory History
On June 13, 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,
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Federal Register / Vol. 87, No. 149 / Thursday, August 4, 2022 / Rules and Regulations
Florida.’’ 1 In the NPRM, we stated the
purpose of the rulemaking was to create
five safety zones off the coast of Florida
that would ensure the protection of
vessels and waterway users in the U.S.
Exclusive Economic Zone (EEZ) 2 from
the potential hazards created by reentry
vehicle splashdowns 3 and recovery
operations, and the safe recovery of
reentry vehicles and personnel involved
in reentry services.4 The NPRM invited
comments on the proposed rule. During
the comment period that ended July 13,
2022, we received one comment.
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 2-year pilot program to
establish and implement a process to
establish safety zones to address special
activities in the U.S. EEZ. These special
activities include space activities 5
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.
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 6
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.
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
1 87
FR 35697.
Coast Guard defines the U.S. exclusive
economic zone in 33 CFR 2.30(a). Territorial sea is
defined in 33 CFR 2.22.
3 Splashdown refers to the landing of a reentry
vehicle into a body of water.
4 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.
5 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.
6 The term launch is defined in 51 U.S.C. 50902.
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2 The
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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 five reentry
sites 7 within the U.S. EEZ of the
Seventh Coast Guard District area of
responsibility (AOR) expected to be
used for the splashdown and recovery of
reentry vehicles. All of these sites are off
the coast of Florida (FL)—three are
located in the Atlantic Ocean and two
are located in the Gulf of Mexico.
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 that 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 before, during, and after the
scheduled event.
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 the safe splashdown and
recovery of reentry vehicles launched by
SpaceX in support of NASA missions
for the remainder of 2022. Delaying the
effective date of this rule would be
impracticable because the Commercial
Resupply Service-25 (CRS–25) Mission
is expected to splashdown on
approximately August 10, 2022, and the
rule needs to be effective prior to that
date 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 one
comment on our NPRM published on
June 13, 2022. The commenter,
Jacksonville Port Authority (JAXPORT),
sought insight from the St. John’s Bar
Pilots, who are charged with navigating
vessels on the St. Johns River. The
commenter stated that the proposed
Jacksonville safety zone would not
interrupt the transit of vessels to or from
7 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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JAXPORT. Therefore, JAXPORT had no
objections to the proposed Jacksonville
safety zone and would continue
cooperating with the Coast Guard. The
Coast Guard acknowledges this
comment.
There are no changes in regulatory
text to this rule from the proposed rule
in the NPRM.
The rule establishes five temporary
safety zones in the U.S. EEZ for the safe
reentry vehicle splashdown and
recovery of reentry vehicles launched by
SpaceX in support of NASA missions
through the remainder of 2022. Three of
the five temporary safety zones are
located off the coast of FL in the
Atlantic Ocean in the following areas:
(1) Approximately 65 nautical miles
(NM) northeast from Jacksonville;
(2) Approximately 29 NM northeast
from Daytona; and
(3) Approximately 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) Approximately 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 Eighth Coast Guard
District AOR.
To the extent feasible, the District
Commander or a 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 2 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, 24 hours
before a reentry vehicle splashdown and
recovery operation, the District
Commander or designated
representative will inform the public
that only one of the five safety zones
will remain activated (subject to
enforcement) until announced by
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Federal Register / Vol. 87, No. 149 / Thursday, August 4, 2022 / Rules and Regulations
Broadcast Notice to Mariners (BNM) on
VHF–FM channel 16, and/or Marine
Safety Information Bulletin (MSIB) (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 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 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.8
After a reentry vehicle splashdown,
the District 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 1 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 or designated
representative will issue a BNM on
VHF–FM channel 16 announcing the
activated safety zone is no longer
8 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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16:02 Aug 03, 2022
Jkt 256001
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 will 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 would be activated 2 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 active. After a 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,
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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 received no 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 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.
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
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Federal Register / Vol. 87, No. 149 / Thursday, August 4, 2022 / Rules and Regulations
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
establishment of five temporary safety
zones which would be activated 2 days
before a reentry vehicle splashdown and
recovery operations. Twenty-four hours
before a reentry vehicle splashdown,
one of the five temporary safety zones
will remain active. 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 will 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
47629
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
1. The authority citation for part 165
is revised to read as follows:
■
Authority: 46 U.S.C. 70034, 70051; 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. 01.2.
2. Add § 165.T07–0289 to read as
follows:
■
§ 165.T07–0289 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
Point
Point
Point
1
2
3
4
...................................................................................................................................................................
...................................................................................................................................................................
...................................................................................................................................................................
...................................................................................................................................................................
(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
31°06′28″
30°55′01″
30°43′30″
30°55′01″
N
N
N
N
080°15′00″
080°01′40″
080°15′00″
080°28′19″
W
W
W
W
Point 3, thence to Point 4, and then back
to Point 1.
TABLE 2 TO PARAGRAPH (a)(2)
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Point
Point
Point
Point
1
2
3
4
...................................................................................................................................................................
...................................................................................................................................................................
...................................................................................................................................................................
...................................................................................................................................................................
(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
29°59′27″
29°48′00″
29°36′32″
29°48′00″
N
N
N
N
080°40′01″
080°26′52″
080°40′01″
080°53′09″
W
W
W
W
to Point 3, thence to Point 4, and then
back to Point 1.
TABLE 3 TO PARAGRAPH (a)(3)
Point 1 ...................................................................................................................................................................
Point 2 ...................................................................................................................................................................
Point 3 ...................................................................................................................................................................
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29°02′27″ N
28°51′00″ N
28°39′32″ N
04AUR1
080°13′48″ W
080°00′46″ W
080°13′48″ W
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TABLE 3 TO PARAGRAPH (a)(3)—Continued
Point 4 ...................................................................................................................................................................
(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
28°51′00″ N
080°26′49″ W
Point 3, thence to Point 4, and then back
to Point 1.
TABLE 4 TO PARAGRAPH (a)(4)
Point
Point
Point
Point
1
2
3
4
...................................................................................................................................................................
...................................................................................................................................................................
...................................................................................................................................................................
...................................................................................................................................................................
(5) Tallahassee site. All waters from
surface to bottom encompassed within a
line connecting the following points:
28°17′27″
28°06′00″
27°54′32″
28°06′00″
N
N
N
N
083°54′00″
083°41′02″
083°54′00″
084°06′57″
W
W
W
W
Point 1, thence to Point 2, thence to
Point 3, and then back to Point 1.
TABLE 5 TO PARAGRAPH (a)(5)
jspears on DSK121TN23PROD with RULES
Point 1 ...................................................................................................................................................................
Point 2 ...................................................................................................................................................................
Point 3 ...................................................................................................................................................................
(b) Definitions. As used in this
section—
Designated representative means a
Coast Guard Captain of the Port (COTP)
in the Seventh Coast Guard District;
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.
District Commander means
Commander of the Seventh Coast Guard
District.
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
VerDate Sep<11>2014
16:02 Aug 03, 2022
Jkt 256001
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 or a designated
representative, except as provided in
paragraph (d)(3) of this section.
(d) Notification of enforcement. (1) To
the extent feasible, the District
Commander or a 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 or
designated representative will inform
the public that only 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 or
a 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.
PO 00000
Frm 00010
Fmt 4700
Sfmt 4700
29°22′38″ N
29°16′58″ N
29°06′20″ N
084°05′20″ W
083°58′55″ W
084°11′12″ W
(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 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 August 10, 2022, through
December 31, 2022.
Dated: August 01, 2022.
Brendan C. McPherson,
Rear Admiral, U.S. Coast Guard, Commander,
Seventh Coast Guard District.
[FR Doc. 2022–16743 Filed 8–3–22; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2022–0607; FRL–10024–
02–R9]
Air Plan Approval; Arizona; Maricopa
County Air Quality Management
Department
Environmental Protection
Agency (EPA).
ACTION: Interim final determination.
AGENCY:
The Environmental Protection
Agency (EPA) is making an interim final
determination that the Arizona
Department of Environmental Quality
(ADEQ) has submitted a rule and other
materials on behalf of the Maricopa
County Air Quality Department
SUMMARY:
E:\FR\FM\04AUR1.SGM
04AUR1
Agencies
[Federal Register Volume 87, Number 149 (Thursday, August 4, 2022)]
[Rules and Regulations]
[Pages 47626-47630]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-16743]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[[Docket Number USCG-2022-0289]
RIN 1625-AA00
Safety Zones in Reentry Sites; Jacksonville, Daytona, Cape
Canaveral, Tampa, and Tallahassee, Florida
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is 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) missions through
December 31, 2022. 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 rule implements a special activities provision of the William M.
(Mac) Thornberry National Defense Authorization Act for Fiscal Year
2021. 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 or a designated representative.
DATES: This rule is effective from August 10, 2022, through December
31, 2022.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2022-0289 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 Ryan Gilbert, District 7 Waterways Division
(dpw), U.S. Coast Guard; telephone 305-415-6750, email
[email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
BNM Broadcast Notice to Mariners
CRS-25 Commercial Resupply Service-25 Mission
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
JAXPORT Jacksonville Port Authority
MSIB Marine Safety Information Bulletin
NASA National Aeronautics and Space 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
II. Background Information and Regulatory History
On June 13, 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,
[[Page 47627]]
Florida.'' \1\ In the NPRM, we stated the purpose of the rulemaking was
to create five safety zones off the coast of Florida that would ensure
the protection of vessels and waterway users in the U.S. Exclusive
Economic Zone (EEZ) \2\ from the potential hazards created by reentry
vehicle splashdowns \3\ and recovery operations, and the safe recovery
of reentry vehicles and personnel involved in reentry services.\4\ The
NPRM invited comments on the proposed rule. During the comment period
that ended July 13, 2022, we received one comment.
---------------------------------------------------------------------------
\1\ 87 FR 35697.
\2\ 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.
\3\ Splashdown refers to the landing of a reentry vehicle into a
body of water.
\4\ 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.
---------------------------------------------------------------------------
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 2-year pilot program to establish and
implement a process to establish safety zones to address special
activities in the U.S. EEZ. These special activities include space
activities \5\ 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.
---------------------------------------------------------------------------
\5\ 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 \6\ 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.
---------------------------------------------------------------------------
\6\ 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 five
reentry sites \7\ within the U.S. EEZ of the Seventh Coast Guard
District area of responsibility (AOR) expected to be used for the
splashdown and recovery of reentry vehicles. All of these sites are off
the coast of Florida (FL)--three are located in the Atlantic Ocean and
two are located in the Gulf of Mexico.
---------------------------------------------------------------------------
\7\ 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).
---------------------------------------------------------------------------
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 that
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 before, during, and after the scheduled event.
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 the safe splashdown and recovery of reentry vehicles launched by
SpaceX in support of NASA missions for the remainder of 2022. Delaying
the effective date of this rule would be impracticable because the
Commercial Resupply Service-25 (CRS-25) Mission is expected to
splashdown on approximately August 10, 2022, and the rule needs to be
effective prior to that date 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 one comment on our NPRM published on
June 13, 2022. The commenter, Jacksonville Port Authority (JAXPORT),
sought insight from the St. John's Bar Pilots, who are charged with
navigating vessels on the St. Johns River. The commenter stated that
the proposed Jacksonville safety zone would not interrupt the transit
of vessels to or from JAXPORT. Therefore, JAXPORT had no objections to
the proposed Jacksonville safety zone and would continue cooperating
with the Coast Guard. The Coast Guard acknowledges this comment.
There are no changes in regulatory text to this rule from the
proposed rule in the NPRM.
The rule establishes five temporary safety zones in the U.S. EEZ
for the safe reentry vehicle splashdown and recovery of reentry
vehicles launched by SpaceX in support of NASA missions through the
remainder of 2022. Three of the five temporary safety zones are located
off the coast of FL in the Atlantic Ocean in the following areas:
(1) Approximately 65 nautical miles (NM) northeast from
Jacksonville;
(2) Approximately 29 NM northeast from Daytona; and
(3) Approximately 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) Approximately 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 Eighth Coast Guard District AOR.
To the extent feasible, the District Commander or a 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 2 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, 24 hours before a reentry vehicle
splashdown and recovery operation, the District Commander or designated
representative will inform the public that only one of the five safety
zones will remain activated (subject to enforcement) until announced by
[[Page 47628]]
Broadcast Notice to Mariners (BNM) on VHF-FM channel 16, and/or Marine
Safety Information Bulletin (MSIB) (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 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 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.\8\
---------------------------------------------------------------------------
\8\ 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 District 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 1 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 or designated representative will 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 will 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 would be activated 2 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
active. After a 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 received no 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 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.
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
[[Page 47629]]
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
establishment of five temporary safety zones which would be activated 2
days before a reentry vehicle splashdown and recovery operations.
Twenty-four hours before a reentry vehicle splashdown, one of the five
temporary safety zones will remain active. 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 will
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 is revised to read as follows:
Authority: 46 U.S.C. 70034, 70051; 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.
01.2.
0
2. Add Sec. 165.T07-0289 to read as follows:
Sec. 165.T07-0289 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
[[Page 47630]]
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--
Designated representative means a Coast Guard Captain of the Port
(COTP) in the Seventh Coast Guard District; 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.
District Commander means Commander of the Seventh Coast Guard
District.
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 or a designated representative, except as provided in
paragraph (d)(3) of this section.
(d) Notification of enforcement. (1) To the extent feasible, the
District Commander or a 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 or designated representative
will inform the public that only 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 or a
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 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 August 10,
2022, through December 31, 2022.
Dated: August 01, 2022.
Brendan C. McPherson,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard
District.
[FR Doc. 2022-16743 Filed 8-3-22; 8:45 am]
BILLING CODE 9110-04-P