Safety Zones in Reentry Sites; Jacksonville, Daytona, Cape Canaveral, Tampa, and Tallahassee, Florida, 63981-63985 [2022-22972]
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Federal Register / Vol. 87, No. 203 / Friday, October 21, 2022 / Proposed Rules
[REG–121509–00]
Treasury Department and the IRS
continue to develop the new proposed
regulations. The IRS may, where
appropriate, challenge taxpayer
positions giving rise to inappropriate
results.
RIN 1545–AY54
List of Subjects in 26 CFR Part 1
DEPARTMENT OF THE TREASURY
Internal Revenue Service
26 CFR Part 1
Exclusion From Gross Income of
Previously Taxed Earnings and Profits,
and Adjustments to Basis of Stock in
Controlled Foreign Corporations and
of Other Property
Internal Revenue Service (IRS),
Treasury.
ACTION: Withdrawal of notice of
proposed rulemaking.
AGENCY:
This document withdraws a
notice of proposed rulemaking
published in the Federal Register on
August 29, 2006. The notice of proposed
rulemaking relates to the exclusion from
gross income of previously taxed
earnings and profits under section 959
of the Internal Revenue Code (the
‘‘Code’’) and related basis adjustments
under section 961 of the Code.
DATES: The proposed regulations are
withdrawn on October 21, 2022.
FOR FURTHER INFORMATION CONTACT:
Joshua P. Roffenbender, (202) 317–6934,
or Chadwick Rowland, (202) 317–6937
(not toll-free numbers).
SUPPLEMENTARY INFORMATION:
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SUMMARY:
Background
On August 29, 2006, the Treasury
Department and the IRS issued a notice
of proposed rulemaking relating to the
exclusion from gross income of
previously taxed earnings and profits
under section 959 and related basis
adjustments under section 961 (71 FR
51155), corrections to which were
published in the Federal Register on
December 8, 2006 (71 FR 71116)
(together, the ‘‘2006 proposed
regulations’’). On December 14, 2018,
the Treasury Department and the IRS
issued Notice 2019–01 (2019–02 I.R.B.
275), which announced an intent to
withdraw the 2006 proposed regulations
and issue a new notice of proposed
rulemaking under sections 959 and 961
(the ‘‘new proposed regulations’’).
This document withdraws the 2006
proposed regulations. Those proposed
regulations were never finalized, never
went into effect, and did not indicate
that taxpayers could rely on them.
Withdrawing the proposed regulations
at this point will help prevent possible
abuse or other misuse of them—such as
inappropriate basis adjustments in
certain stock acquisitions to which
section 304(a)(1) applies—while the
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Income taxes, Reporting and
recordkeeping requirements.
Withdrawal of a Notice of Proposed
Rulemaking
Accordingly, under the authority of 26
U.S.C. 7805, the notice of proposed
rulemaking (REG–121509–00) published
in the Federal Register on August 29,
2006 (71 FR 51155), corrections to
which were published in the Federal
Register on December 8, 2006 (71 FR
71116), is withdrawn.
■
Douglas W. O’Donnell,
Deputy Commissioner for Services and
Enforcement.
[FR Doc. 2022–22891 Filed 10–20–22; 8:45 am]
BILLING CODE 4830–01–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2022–0806]
RIN 1625–AA00
Safety Zones in Reentry Sites;
Jacksonville, Daytona, Cape
Canaveral, Tampa, and Tallahassee,
Florida
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
This proposed rule would
implement a special activities provision
of the William M. (Mac) Thornberry
National Defense Authorization Act for
Fiscal Year 2021. The Coast Guard is
proposing to establish five temporary
safety zones for the safe splashdown
and recovery of reentry vehicles
launched by Space Exploration
Technologies Corporation (SpaceX) in
support of National Aeronautics and
Space Administration (NASA) and
privately chartered missions. The
proposed temporary safety zones are
located within the Coast Guard District
Seven area of responsibility (AOR)
offshore of Jacksonville, Daytona, Cape
Canaveral, Tampa, and Tallahassee,
Florida. This proposed rule would
prohibit U.S.-flagged vessels from
entering any of the temporary safety
zones unless authorized by the District
SUMMARY:
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Commander of the Seventh Coast Guard
District, a Coast Guard Captain of the
Port, or a designated representative.
Foreign-flagged vessels would be
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 provide for the safe
recovery of reentry vehicles, and any
personnel involved in reentry services,
after the splashdown. We invite your
comments on this proposed rulemaking.
DATES: Comments and related material
must be received by the Coast Guard on
or before November 21, 2022.
ADDRESSES: You may submit comments
identified by docket number USCG–
2022–0806 using the Federal Decision
Making Portal at https://
www.regulations.gov. See the ‘‘Public
Participation and Request for
Comments’’ portion of the
SUPPLEMENTARY INFORMATION section for
further instructions on submitting
comments.
FOR FURTHER INFORMATION CONTACT: If
you have questions about this proposed
rulemaking, call or email Lieutenant
Ryan Gilbert, District 7 Waterways
Division (dpw), U.S. Coast Guard;
telephone (305) 415–6748, email
Ryan.A.Gilbert@uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
AOR Area of Responsibility
BNM Broadcast Notice to Mariners
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
EEZ Exclusive Economic Zone
FAA Federal Aviation Administration
FL Florida
FR Federal Register
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, Purpose, and Legal
Basis
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
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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.
The Coast Guard has long monitored
space activities impacting the maritime
domain and taken actions to ensure the
safety of vessels and the public as
needed during space launch 3
operations. In conducting this activity,
the Coast Guard engages with other
government agencies, including the
Federal Aviation Administration (FAA)
and National Aeronautics and Space
Administration (NASA), and private
space operators, including Space
Exploration Technologies Corporation
(SpaceX). This engagement is necessary
to ensure statutory and regulatory
obligations are met to ensure the safety
of launch operations and waterway
users.
During this engagement, the Coast
Guard was informed of space reentry
vehicles and recovery operations in the
U.S. EEZ. Section 50902 of 51 U.S.C.
defines ‘‘reentry vehicle’’ as a vehicle
designed to return from Earth orbit or
outer space to Earth, or a reusable
launch vehicle designed to return from
Earth orbit or outer space to Earth,
substantially intact. SpaceX, a U.S.
company, identified five reentry sites 4
within the U.S. EEZ of the Coast Guard
District Seven area of responsibility
(AOR) expected to be used for the
splashdown and recovery of reentry
vehicles. All 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.
On August 4, 2022, the Coast Guard
published a temporary final rule (TFR) 5
in the Federal Register establishing five
temporary safety zones for the safe
splashdown and recovery of reentry
vehicles launched by SpaceX in support
of NASA missions. That TFR is effective
through December 31, 2022.
With this notice of proposed
rulemaking, the Coast Guard is
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.
3 The term launch is defined in 51 U.S.C. 50902.
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 See Coast Guard temporary final rule titled,
‘‘Safety Zones in Reentry Sites; Jacksonville,
Daytona, Cape Canaveral, Tampa, and Tallahassee,
Florida’’ (87 FR 47626).
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proposing to establish 5 temporary
safety zones for the safe splashdown
and recovery of reentry vehicles
launched by SpaceX in support of
NASA missions from January 1, 2023
through February 4, 2024.
The purpose of this rulemaking is 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.6 The Coast Guard is
proposing this rulemaking under
authority of section 8343 of the
Authorization Act.
III. Discussion of Proposed Rule
The Coast Guard is proposing to
establish 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 and privately chartered
missions from January 1, 2023 through
February 4, 2024.
The proposed temporary safety zones
are located within the Coast Guard
District Seven AOR offshore of
Jacksonville, Daytona, and Cape
Canaveral, FL, in the Atlantic Ocean,
and Tampa and Tallahassee, FL, in the
Gulf of Mexico. The proposed rule
would prohibit U.S.-flagged vessels
from entering any of the safety zones
unless authorized by the District
Commander, a Coast Guard Captain of
the Port (COTP), 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 foreignflagged vessels would be encouraged to
remain outside the safety zones.
Three of the five proposed 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) 29 NM northeast from
Daytona; and (3) 17 NM east from Port
Canaveral. The remaining two proposed
temporary safety zones are located off
the coast of FL in the Gulf of Mexico in
the following areas: (1) Approximately
58 NM northwest from Tampa Bay; and
(2) 43 NM south from Tallahassee. The
Jacksonville, Daytona, Cape Canaveral,
and Tampa safety zones have an
approximate area of 256 square miles,
and are diamond shaped with the top
point of the diamond pointing to the
North. The Tallahassee safety zone is
6 Reentry Services means (1) activities involved in
the preparation of a reentry vehicle and payload,
crew (including crew training), government
astronaut, or space flight participant, if any, for
reentry; and (2) the conduct of a reentry.
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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
proposed rule. The remaining portion of
the safety zone falls within the Coast
Guard District Eight AOR.
The coordinates for the safety zones
are based on the furthest north, east,
south, and west points of the reentry
vehicles splashdown and are
determined from data and modeling by
SpaceX and NASA. The coordinates
take into account the trajectories of the
reentry vehicles coming out of orbit, the
potential risk to the public, and the
proximity to medical facilities that meet
NASA requirements. The specific
coordinates for the five temporary safety
zones are presented in the regulatory
text at the end of this document.
To the extent feasible, the District
Commander, COTP,7 or designated
representative would inform the public
of the activation of the five temporary
safety zones by Notice of Enforcement
(NOE) published in the Federal Register
at least two days before the reentry
vehicle splashdown. The NOE would
identify the approximate date(s) during
which a reentry vehicle splashdown and
recovery operations would occur. The
District Commander or COTP
Jacksonville would issue the NOEs for
the safety zones located in Jacksonville,
Daytona, and Cape Canaveral, FL. The
District Commander or COTP St.
Petersburg would issue the NOEs for the
safety zones located Tampa and
Tallahassee, FL.
To the extent possible, twenty-four
hours before a reentry vehicle
splashdown and recovery operations,
the District Commander, COTP, or
designated representative would inform
the public whether one of the five safety
zones would remain activated (subject
to enforcement) until announced by
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.
7 The zones in the COTP Jacksonville AOR are
Jacksonville, Daytona, and Cape Canaveral, FL.
And, the zones in the COTP St. Petersburg AOR are
Tampa and Tallahassee, FL.
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The MSIB would include the
geographic coordinates of the activated
safety zone, a map identifying the
location of the activated safety zone,
and information related to potential
hazards associated with a reentry
vehicle splashdown and recovery
operations associated with space
activities, including marine
environmental and public health
hazards, such the release of hydrazine
and other potential oil or hazardous
substances.
When the safety zone is activated, the
District Commander, COTP, or
designated representative would 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 would 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, COTP, or
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
District Commander, COTP, or
designated representative would issue a
BNM on VHF–FM channel 16
announcing the activated safety zone is
no longer subject to enforcement. A
photograph of a reentry vehicle and
space support vessel expected to use the
reentry sites are available in the docket.
IV. Regulatory Analyses
We developed this proposed rule after
considering numerous statutes and
Executive orders related to rulemaking.
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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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 NPRM has not been designated a
‘‘significant regulatory action,’’ under
Executive Order 12866. Accordingly,
the NPRM has not been reviewed by the
Office of Management and Budget
(OMB).
This regulatory action determination
is based on the size, location, duration,
and scope of the temporary safety zones.
The temporary safety zones are limited
in size and location to only those areas
where reentry vehicles splashdown and
recovery operations occur. The safety
zones are limited in scope, as vessel
traffic would be able to safely transit
around the activated safety zone which
will only impact a small part of the U.S.
EEZ within the Atlantic Ocean and Gulf
of Mexico. The proposed rule involves
the establishment of five temporary
safety zones which would be activated
two days before a reentry vehicle
splashdown and recovery operations.
Twenty-four hours before a reentry
vehicle splashdown, the Coast Guard
would inform the public whether any of
the five temporary safety zones would
remain activated. If one of the safety
zones remains activated, the safety zone
would be enforced for four hours prior
to a reentry vehicle splashdown and
remain activated until announced by
Broadcast Notice to Mariners on VHF–
FM channel 16, and/or Marine Safety
Information Bulletin (as appropriate)
that the safety zone is no longer subject
to enforcement. After the reentry vehicle
splashdown, general permission 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.
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B. Impact on Small Entities
The Regulatory Flexibility Act of
1980, 5 U.S.C. 601–612, as amended,
requires Federal agencies to consider
the potential impact of regulations on
small entities during rulemaking. The
term ‘‘small entities’’ comprises small
businesses, not-for-profit organizations
that are independently owned and
operated and are not dominant in their
fields, and governmental jurisdictions
with populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C.
605(b) that this proposed rule would not
have a significant economic impact on
a substantial number of small entities.
The safety zones are only expected to
last a few hours from reentry vehicle
splashdown to recovery. Vessels will be
able to transit around the activated
safety zone location during these
recoveries. We do not anticipate any
significant economic impact resulting
from activation of the safety zones.
If you think that your business,
organization, or governmental
jurisdiction qualifies as a small entity,
and that this proposed rule would have
a significant economic impact on it,
please submit a comment (see
ADDRESSES) explaining why you think it
qualifies and how and to what degree
this rule would economically affect it.
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding this proposed rule. If the
proposed rule would affect your small
business, organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please call or email the
person listed in the FOR FURTHER
INFORMATION CONTACT section. The Coast
Guard will not retaliate against small
entities that question or complain about
this proposed rule or any policy or
action of the Coast Guard.
C. Collection of Information
This proposed rule would not call for
a new collection of information under
the Paperwork Reduction Act of 1995
(44 U.S.C. 3501–3520).
D. Federalism and Indian Tribal
Governments
A rule has implications for federalism
under Executive Order 13132
(Federalism), if it has a substantial
direct effect on the States, on the
relationship between the National
Government and the States, or on the
distribution of power and
responsibilities among the various
levels of government. We have analyzed
this proposed rule under that Order and
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have determined that it is consistent
with the fundamental federalism
principles and preemption requirements
described in Executive Order 13132.
Also, this proposed rule does not have
tribal implications under Executive
Order 13175 (Consultation and
Coordination with Indian Tribal
Governments) because it would not
have a substantial direct effect on one or
more Indian tribes, on the relationship
between the Federal Government and
Indian tribes, or on the distribution of
power and responsibilities between the
Federal Government and Indian tribes.
If you believe this proposed rule has
implications for federalism or Indian
tribes, please call or email the person
listed in the FOR FURTHER INFORMATION
CONTACT section.
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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
proposed rule would not result in such
an expenditure, we do discuss the
potential effects of this proposed rule
elsewhere in this preamble.
F. Environment
We have analyzed this proposed rule
under Department of Homeland
Security Directive 023–01, Rev. 1,
associated implementing instructions,
and Environmental Planning
COMDTINST 5090.1 (series), which
guide the Coast Guard in complying
with the National Environmental Policy
Act of 1969 (42 U.S.C. 4321–4370f), and
have made a preliminary determination
that this action is one of a category of
actions that do not individually or
cumulatively have a significant effect on
the human environment. This proposed
rule involves the establishment of five
temporary safety zones which would be
activated two days before a reentry
vehicle splashdown and recovery
operations. Twenty-four hours before a
reentry vehicle splashdown, one of the
five temporary safety zones would
remain activated. If one of the safety
zones remains activated, the safety zone
will be enforced four hours prior to a
reentry vehicle splashdown and remain
activated until announced by Broadcast
Notice to Mariners on VHF–FM channel
16, and/or Marine Safety Information
Bulletin (as appropriate) that the safety
zone is no longer subject to
enforcement. After a reentry vehicle
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splashdown, general permission would
be granted to come no closer than 3 NM
within the activated safety zone. Once a
reentry vehicle and any personnel
involved in reentry services are
removed from the water and secured
onboard a space support vessel, the
activated safety zone would no longer
be subject to enforcement. Normally
such actions are categorically excluded
from further review under paragraph
L60(a) of Appendix A, Table 1 of DHS
Instruction Manual 023–01–001–01,
Rev. 1. A preliminary 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. We
seek any comments or information that
may lead to the discovery of a
significant environmental impact from
this proposed rule.
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.
V. Public Participation and Request for
Comments
We view public participation as
essential to effective rulemaking, and
will consider all comments and material
received during the comment period.
Your comment can help shape the
outcome of this rulemaking. If you
submit a comment, please include the
docket number for this rulemaking,
indicate the specific section of this
document to which each comment
applies, and provide a reason for each
suggestion or recommendation.
Submitting comments. We encourage
you to submit comments through the
Federal Decision Making Portal at
https://www.regulations.gov. To do so,
go to https://www.regulations.gov, type
USCG–2022–0806 in the search box and
click ‘‘Search.’’ Next, look for this
document in the Search Results column,
and click on it. Then click on the
Comment option. If you cannot submit
your material by using https://
www.regulations.gov, call or email the
person in the FOR FURTHER INFORMATION
CONTACT section of this proposed rule
for alternate instructions.
Viewing material in docket. To view
documents mentioned in this proposed
rule as being available in the docket,
find the docket as described in the
previous paragraph, and then select
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‘‘Supporting & Related Material’’ in the
Document Type column. Public
comments will also be placed in our
online docket and can be viewed by
following instructions on the https://
www.regulations.gov Frequently Asked
Questions web page. We review all
comments received, but we will only
post comments that address the topic of
the proposed rule. We may choose not
to post off-topic, inappropriate, or
duplicate comments that we receive.
Personal information. We accept
anonymous comments. Comments we
post to https://www.regulations.gov will
include any personal information you
have provided. For more about privacy
and submissions to the docket in
response to this document, see DHS’s
eRulemaking System of Records notice
(85 FR 14226, March 11, 2020).
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 is proposing
to amend 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.T07–0806 to read as
follows:
■
§ 165.T07–0806 Safety Zones in Reentry
Sites; Jacksonville, Daytona, Cape
Canaveral, Tampa, and Tallahassee, Florida.
(a) Location. The coordinates used in
this paragraph are based on the World
Geodetic System (WGS) 1984. The
following areas are safety zones:
(1) Jacksonville Site. All waters from
surface to bottom encompassed within a
line connecting the following points:
Point 1, thence to Point 2, thence to
Point 3, thence to Point 4, and then back
to Point 1.
Point
Point
Point
Point
1
2
3
4
.............
.............
.............
.............
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
(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.
Point 1 .............
E:\FR\FM\21OCP1.SGM
21OCP1
29°59′27″ N .....
080°40′01″ W
Federal Register / Vol. 87, No. 203 / Friday, October 21, 2022 / Proposed Rules
Point 2 .............
Point 3 .............
Point 4 .............
29°48′00″ N .....
29°36′32″ N .....
29°48′00″ N .....
080°26′52″ W
080°40′01″ W
080°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.
Point
Point
Point
Point
1
2
3
4
..........
..........
..........
..........
29°02′27″
28°51′00″
28°39′32″
28°51′00″
N
N
N
N
080°13′48″
080°00′46″
080°13′48″
080°26′49″
W
W
W
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.
Point
Point
Point
Point
1
2
3
4
.............
.............
.............
.............
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
(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.
jspears on DSK121TN23PROD with PROPOSALS
Point 1 .............
Point 2 .............
Point 3 .............
29°22′38″ N .....
29°16′58″ N .....
29°06′20″ N .....
084°05′20″ W
083°58′55″ W
084°11′12″ W
(b) Definitions. As used in this
section—
District Commander means
Commander of the Seventh Coast Guard
District.
Captain of the Port means the Captain
of the Port of Jacksonville or the Captain
of the Port of St. Petersburg.
Designated representative means a
Coast Guard Patrol Commander,
including a Coast Guard coxswain, petty
officer, or other officer operating a Coast
Guard vessel; Coast Guard
Representatives in the Merrill
Operations Center; and other officers
designated by the District Commander
of the Seventh Coast Guard District or
cognizant COTP.
Reentry Services means (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
VerDate Sep<11>2014
16:38 Oct 20, 2022
Jkt 259001
approximately 170 feet in length, have
a forward wheelhouse, and are
equipped with a helicopter pad and
lifting crane.
Splashdown means the landing of a
reentry vehicle into a body of water.
(c) Regulations. (1) Because the safety
zones described in paragraph (a) of this
section are within the U.S. Exclusive
Economic Zone, only U.S.-flagged
vessels are subject to enforcement. All
foreign-flagged vessels are encouraged
to remain outside the safety zones.
(2) In accordance with the general
regulations in 33 CFR part 165, subpart
C, no U.S.-flagged vessel may enter the
safety zones described in paragraph (a)
of this section unless authorized by the
District Commander, COTP, or
designated representative, except as
provided in paragraph (d)(3) of this
section.
(d) Notification of Enforcement. (1) To
the extent feasible, the District
Commander, COTP, or designated
representative will inform the public of
the activation of the five safety zones
described in paragraph (a) of this
section by Notice of Enforcement
published in the Federal Register at
least two days before the splashdown.
(2) To the extent possible, twenty-four
hours before a reentry vehicle
splashdown, the District Commander,
COTP, or designated representative will
inform the public if one of the five
safety zones described in paragraph (a)
of this section will remain activated
until announced by Broadcast Notice to
Mariners on VHF–FM channel 16, and/
or Marine Safety Information Bulletin
(as appropriate) that the safety zone is
no longer subject to enforcement.
(3) After a reentry vehicle
splashdown, the District Commander,
COTP, or designated representative will
grant general permission to come no
closer than 3 nautical miles of any
reentry vehicle or space support vessel
engaged in the recovery operations,
within the activated safety zone
described in paragraph (a) of this
section.
(4) Once a reentry vehicle, and any
personnel involved in reentry service,
are removed from the water and secured
onboard a space support vessel, the
District Commander, COTP, or
designated representative will issue a
Broadcast Notice to Mariners on VHF–
FM channel 16 announcing the
activated safety zone is no longer
subject to enforcement.
(e) Effective period. This section is
effective from January 1, 2023 through
February 4, 2024.
PO 00000
Frm 00018
Fmt 4702
Sfmt 4702
63985
Dated: October 17, 2022.
Tina J. Pena,
Captain, U.S. Coast Guard, Acting
Commander, Seventh Coast Guard District.
[FR Doc. 2022–22972 Filed 10–20–22; 8:45 am]
BILLING CODE 9110–04–P
POSTAL SERVICE
39 CFR Part 111
Removal of Sacks—USPS Marketing
Mail and Periodicals Flats
Postal ServiceTM.
Proposed rule.
AGENCY:
ACTION:
SUMMARY: The Postal ServiceTM
proposes to revise Mailing Standards of
the United States Postal Service,
Domestic Mail Manual (DMM®) to
remove references to sacks as a handling
unit for USPS Marketing Mail® and
Periodicals Flats.
DATES: Submit comments on or before
November 21, 2022.
ADDRESSES: Mail or deliver written
comments to the manager, Product
Classification, U.S. Postal Service®, 475
L’Enfant Plaza SW, Room 4446,
Washington, DC 20260–5015. You may
inspect and photocopy all written
comments at USPS® Headquarters
Library, 475 L’Enfant Plaza SW, 11th
Floor N, Washington, DC by
appointment only between the hours of
9 a.m. and 4 p.m., Monday through
Friday by calling 1–202–268–2906 in
advance. Email comments, containing
the name and address of the commenter,
may be sent to: ProductClassification@
usps.gov, with a subject line of
‘‘Network Redesign—Removal of
Sacks.’’ Faxed comments are not
accepted.
Dale
Kennedy at (202) 268–6592 or Doriane
Harley at (202) 268–2537.
SUPPLEMENTARY INFORMATION: As part of
its network redesign efforts, the Postal
Service is proposing to eliminate the use
of sacks as containers for Flats
acceptance/entry but will continue to
allow Flat trays as acceptable containers
for acceptance and entry along with
bundles on pallets for USPS Marketing
Mail and Periodicals Flat Mail. The
exception to this proposal is that carrier
route, 5-digit scheme carrier routes and
5-digit carrier routes flat mail will
continue to be allowed to use sacks as
a handling unit.
Although exempt from the notice and
comment requirements of the
Administrative Procedure Act (5 U.S.C.
553(b), (c)) regarding proposed
rulemaking by 39 U.S.C. 410(a), the
FOR FURTHER INFORMATION CONTACT:
E:\FR\FM\21OCP1.SGM
21OCP1
]]>Agencies
[Federal Register Volume 87, Number 203 (Friday, October 21, 2022)]
[Proposed Rules]
[Pages 63981-63985]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-22972]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2022-0806]
RIN 1625-AA00
Safety Zones in Reentry Sites; Jacksonville, Daytona, Cape
Canaveral, Tampa, and Tallahassee, Florida
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: This proposed rule would implement a special activities
provision of the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021. The Coast Guard is proposing to
establish five temporary safety zones for the safe splashdown and
recovery of reentry vehicles launched by Space Exploration Technologies
Corporation (SpaceX) in support of National Aeronautics and Space
Administration (NASA) and privately chartered missions. The proposed
temporary safety zones are located within the Coast Guard District
Seven area of responsibility (AOR) offshore of Jacksonville, Daytona,
Cape Canaveral, Tampa, and Tallahassee, Florida. This proposed rule
would prohibit U.S.-flagged vessels from entering any of the temporary
safety zones unless authorized by the District Commander of the Seventh
Coast Guard District, a Coast Guard Captain of the Port, or a
designated representative. Foreign-flagged vessels would be 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 provide for the
safe recovery of reentry vehicles, and any personnel involved in
reentry services, after the splashdown. We invite your comments on this
proposed rulemaking.
DATES: Comments and related material must be received by the Coast
Guard on or before November 21, 2022.
ADDRESSES: You may submit comments identified by docket number USCG-
2022-0806 using the Federal Decision Making Portal at https://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email Lieutenant Ryan Gilbert, District 7
Waterways Division (dpw), U.S. Coast Guard; telephone (305) 415-6748,
email [email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
AOR Area of Responsibility
BNM Broadcast Notice to Mariners
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
EEZ Exclusive Economic Zone
FAA Federal Aviation Administration
FL Florida
FR Federal Register
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, Purpose, and Legal Basis
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
[[Page 63982]]
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 \3\ operations. In conducting
this activity, the Coast Guard engages with other government agencies,
including the Federal Aviation Administration (FAA) and National
Aeronautics and Space Administration (NASA), and private space
operators, including Space Exploration Technologies Corporation
(SpaceX). This engagement is necessary to ensure statutory and
regulatory obligations are met to ensure the safety of launch
operations and waterway users.
---------------------------------------------------------------------------
\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, identified five reentry
sites \4\ within the U.S. EEZ of the Coast Guard District Seven area of
responsibility (AOR) expected to be used for the splashdown and
recovery of reentry vehicles. All 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.
---------------------------------------------------------------------------
\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).
---------------------------------------------------------------------------
On August 4, 2022, the Coast Guard published a temporary final rule
(TFR) \5\ in the Federal Register establishing five temporary safety
zones for the safe splashdown and recovery of reentry vehicles launched
by SpaceX in support of NASA missions. That TFR is effective through
December 31, 2022.
---------------------------------------------------------------------------
\5\ See Coast Guard temporary final rule titled, ``Safety Zones
in Reentry Sites; Jacksonville, Daytona, Cape Canaveral, Tampa, and
Tallahassee, Florida'' (87 FR 47626).
---------------------------------------------------------------------------
With this notice of proposed rulemaking, the Coast Guard is
proposing to establish 5 temporary safety zones for the safe splashdown
and recovery of reentry vehicles launched by SpaceX in support of NASA
missions from January 1, 2023 through February 4, 2024.
The purpose of this rulemaking is 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.\6\ The Coast Guard is proposing this rulemaking under
authority of section 8343 of the Authorization Act.
---------------------------------------------------------------------------
\6\ 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.
---------------------------------------------------------------------------
III. Discussion of Proposed Rule
The Coast Guard is proposing to establish 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 and
privately chartered missions from January 1, 2023 through February 4,
2024.
The proposed temporary safety zones are located within the Coast
Guard District Seven AOR offshore of Jacksonville, Daytona, and Cape
Canaveral, FL, in the Atlantic Ocean, and Tampa and Tallahassee, FL, in
the Gulf of Mexico. The proposed rule would prohibit U.S.-flagged
vessels from entering any of the safety zones unless authorized by the
District Commander, a Coast Guard Captain of the Port (COTP), 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 would be encouraged to remain
outside the safety zones.
Three of the five proposed 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)
29 NM northeast from Daytona; and (3) 17 NM east from Port Canaveral.
The remaining two proposed temporary safety zones are located off the
coast of FL in the Gulf of Mexico in the following areas: (1)
Approximately 58 NM northwest from Tampa Bay; and (2) 43 NM south from
Tallahassee. The Jacksonville, Daytona, Cape Canaveral, and Tampa
safety zones have an approximate area of 256 square miles, and are
diamond shaped with the top point of the diamond pointing to the North.
The Tallahassee safety zone is approximately 59 square miles in size
and is triangular in shape. The Tallahassee safety zone, as provided by
NASA and SpaceX, is the same size and shape as the other four safety
zones; however, only a portion of the safety zone is within the
jurisdiction of the Seventh Coast Guard District, so only the 59 square
miles is included in this proposed rule. The remaining portion of the
safety zone falls within the Coast Guard District Eight AOR.
The coordinates for the safety zones are based on the furthest
north, east, south, and west points of the reentry vehicles splashdown
and are determined from data and modeling by SpaceX and NASA. The
coordinates take into account the trajectories of the reentry vehicles
coming out of orbit, the potential risk to the public, and the
proximity to medical facilities that meet NASA requirements. The
specific coordinates for the five temporary safety zones are presented
in the regulatory text at the end of this document.
To the extent feasible, the District Commander, COTP,\7\ or
designated representative would inform the public of the activation of
the five temporary safety zones by Notice of Enforcement (NOE)
published in the Federal Register at least two days before the reentry
vehicle splashdown. The NOE would identify the approximate date(s)
during which a reentry vehicle splashdown and recovery operations would
occur. The District Commander or COTP Jacksonville would issue the NOEs
for the safety zones located in Jacksonville, Daytona, and Cape
Canaveral, FL. The District Commander or COTP St. Petersburg would
issue the NOEs for the safety zones located Tampa and Tallahassee, FL.
---------------------------------------------------------------------------
\7\ The zones in the COTP Jacksonville AOR are Jacksonville,
Daytona, and Cape Canaveral, FL. And, the zones in the COTP St.
Petersburg AOR are Tampa and Tallahassee, FL.
---------------------------------------------------------------------------
To the extent possible, twenty-four hours before a reentry vehicle
splashdown and recovery operations, the District Commander, COTP, or
designated representative would inform the public whether one of the
five safety zones would remain activated (subject to enforcement) until
announced by 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.
[[Page 63983]]
The MSIB would include the geographic coordinates of the activated
safety zone, a map identifying the location of the activated safety
zone, and information related to potential hazards associated with a
reentry vehicle splashdown and recovery operations associated with
space activities, including marine environmental and public health
hazards, such the release of hydrazine and other potential oil or
hazardous substances.
When the safety zone is activated, the District Commander, COTP, or
designated representative would 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 would 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, COTP,
or 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 District Commander, COTP, or designated representative
would issue a BNM on VHF-FM channel 16 announcing the activated safety
zone is no longer subject to enforcement. A photograph of a reentry
vehicle and space support vessel expected to use the reentry sites are
available in the docket.
IV. Regulatory Analyses
We developed this proposed 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 NPRM has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, the NPRM
has not been reviewed by the Office of Management and Budget (OMB).
This regulatory action determination is based on the size,
location, duration, and scope of the temporary safety zones. The
temporary safety zones are limited in size and location to only those
areas where reentry vehicles splashdown and recovery operations occur.
The safety zones are limited in scope, as vessel traffic would be able
to safely transit around the activated safety zone which will only
impact a small part of the U.S. EEZ within the Atlantic Ocean and Gulf
of Mexico. The proposed rule involves the establishment of five
temporary safety zones which would be activated two days before a
reentry vehicle splashdown and recovery operations. Twenty-four hours
before a reentry vehicle splashdown, the Coast Guard would inform the
public whether any of the five temporary safety zones would remain
activated. If one of the safety zones remains activated, the safety
zone would be enforced for four hours prior to a reentry vehicle
splashdown and remain activated until announced by Broadcast Notice to
Mariners on VHF-FM channel 16, and/or Marine Safety Information
Bulletin (as appropriate) that the safety zone is no longer subject to
enforcement. After the reentry vehicle splashdown, general permission
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 with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this
proposed rule would not have a significant economic impact on a
substantial number of small entities.
The safety zones are only expected to last a few hours from reentry
vehicle splashdown to recovery. Vessels will be able to transit around
the activated safety zone location during these recoveries. We do not
anticipate any significant economic impact resulting from activation of
the safety zones.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity, and that this proposed rule
would have a significant economic impact on it, please submit a comment
(see ADDRESSES) explaining why you think it qualifies and how and to
what degree this rule would economically affect it.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule. If the proposed rule
would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please call or email the person listed in the
FOR FURTHER INFORMATION CONTACT section. The Coast Guard will not
retaliate against small entities that question or complain about this
proposed rule or any policy or action of the Coast Guard.
C. Collection of Information
This proposed rule would not call for a new collection of
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132
(Federalism), if it has a substantial direct effect on the States, on
the relationship between the National Government and the States, or on
the distribution of power and responsibilities among the various levels
of government. We have analyzed this proposed rule under that Order and
[[Page 63984]]
have determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, this proposed rule does not have tribal implications under
Executive Order 13175 (Consultation and Coordination with Indian Tribal
Governments) because it would not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this proposed rule has implications for federalism or
Indian tribes, please call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this proposed rule would not
result in such an expenditure, we do discuss the potential effects of
this proposed rule elsewhere in this preamble.
F. Environment
We have analyzed this proposed rule under Department of Homeland
Security Directive 023-01, Rev. 1, associated implementing
instructions, and Environmental Planning COMDTINST 5090.1 (series),
which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made
a preliminary determination that this action is one of a category of
actions that do not individually or cumulatively have a significant
effect on the human environment. This proposed rule involves the
establishment of five temporary safety zones which would be activated
two days before a reentry vehicle splashdown and recovery operations.
Twenty-four hours before a reentry vehicle splashdown, one of the five
temporary safety zones would remain activated. If one of the safety
zones remains activated, the safety zone will be enforced four hours
prior to a reentry vehicle splashdown and remain activated until
announced by Broadcast Notice to Mariners on VHF-FM channel 16, and/or
Marine Safety Information Bulletin (as appropriate) that the safety
zone is no longer subject to enforcement. After a reentry vehicle
splashdown, general permission would be granted to come no closer than
3 NM within the activated safety zone. Once a reentry vehicle and any
personnel involved in reentry services are removed from the water and
secured onboard a space support vessel, the activated safety zone would
no longer be subject to enforcement. Normally such actions are
categorically excluded from further review under paragraph L60(a) of
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1. A
preliminary 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. We seek any
comments or information that may lead to the discovery of a significant
environmental impact from this proposed rule.
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.
V. Public Participation and Request for Comments
We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
Submitting comments. We encourage you to submit comments through
the Federal Decision Making Portal at https://www.regulations.gov. To
do so, go to https://www.regulations.gov, type USCG-2022-0806 in the
search box and click ``Search.'' Next, look for this document in the
Search Results column, and click on it. Then click on the Comment
option. If you cannot submit your material by using https://www.regulations.gov, call or email the person in the FOR FURTHER
INFORMATION CONTACT section of this proposed rule for alternate
instructions.
Viewing material in docket. To view documents mentioned in this
proposed rule as being available in the docket, find the docket as
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System of Records notice (85 FR 14226, March 11, 2020).
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 is
proposing to amend 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.T07-0806 to read as follows:
Sec. 165.T07-0806 Safety Zones in Reentry Sites; Jacksonville,
Daytona, Cape Canaveral, Tampa, and Tallahassee, Florida.
(a) Location. The coordinates used in this paragraph are based on
the World Geodetic System (WGS) 1984. The following areas are safety
zones:
(1) Jacksonville Site. All waters from surface to bottom
encompassed within a line connecting the following points: Point 1,
thence to Point 2, thence to Point 3, thence to Point 4, and then back
to Point 1.
------------------------------------------------------------------------
------------------------------------------------------------------------
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.
------------------------------------------------------------------------
------------------------------------------------------------------------
Point 1......................... 29[deg]59'27'' N.. 080[deg]40'01'' W
[[Page 63985]]
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.
------------------------------------------------------------------------
------------------------------------------------------------------------
Point 1......................... 29[deg]02'27'' N.. 080[deg]13'48'' W
Point 2......................... 28[deg]51'00'' N.. 080[deg]00'46'' W
Point 3......................... 28[deg]39'32'' N.. 080[deg]13'48'' W
Point 4......................... 28[deg]51'00'' N.. 080[deg]26'49'' W
------------------------------------------------------------------------
(4) Tampa Site. All waters from surface to bottom encompassed
within a line connecting the following points: Point 1, thence to Point
2, thence to Point 3, thence to Point 4, and then back to Point 1.
------------------------------------------------------------------------
------------------------------------------------------------------------
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.
------------------------------------------------------------------------
------------------------------------------------------------------------
Point 1......................... 29[deg]22'38'' N.. 084[deg]05'20'' W
Point 2......................... 29[deg]16'58'' N.. 083[deg]58'55'' W
Point 3......................... 29[deg]06'20'' N.. 084[deg]11'12'' W
------------------------------------------------------------------------
(b) Definitions. As used in this section--
District Commander means Commander of the Seventh Coast Guard
District.
Captain of the Port means the Captain of the Port of Jacksonville
or the Captain of the Port of St. Petersburg.
Designated representative means a Coast Guard Patrol Commander,
including a Coast Guard coxswain, petty officer, or other officer
operating a Coast Guard vessel; Coast Guard Representatives in the
Merrill Operations Center; and other officers designated by the
District Commander of the Seventh Coast Guard District or cognizant
COTP.
Reentry Services means (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 District
Commander, COTP, or designated representative, except as provided in
paragraph (d)(3) of this section.
(d) Notification of Enforcement. (1) To the extent feasible, the
District Commander, COTP, or designated representative will inform the
public of the activation of the five safety zones described in
paragraph (a) of this section by Notice of Enforcement published in the
Federal Register at least two days before the splashdown.
(2) To the extent possible, twenty-four hours before a reentry
vehicle splashdown, the District Commander, COTP, or designated
representative will inform the public if one of the five safety zones
described in paragraph (a) of this section will remain activated until
announced by Broadcast Notice to Mariners on VHF-FM channel 16, and/or
Marine Safety Information Bulletin (as appropriate) that the safety
zone is no longer subject to enforcement.
(3) After a reentry vehicle splashdown, the District Commander,
COTP, or designated representative will grant general permission to
come no closer than 3 nautical miles of any reentry vehicle or space
support vessel engaged in the recovery operations, within the activated
safety zone described in paragraph (a) of this section.
(4) Once a reentry vehicle, and any personnel involved in reentry
service, are removed from the water and secured onboard a space support
vessel, the District Commander, COTP, or designated representative will
issue a Broadcast Notice to Mariners on VHF-FM channel 16 announcing
the activated safety zone is no longer subject to enforcement.
(e) Effective period. This section is effective from January 1,
2023 through February 4, 2024.
Dated: October 17, 2022.
Tina J. Pena,
Captain, U.S. Coast Guard, Acting Commander, Seventh Coast Guard
District.
[FR Doc. 2022-22972 Filed 10-20-22; 8:45 am]
BILLING CODE 9110-04-P
