Safety Zones in Reentry Sites; Jacksonville, Daytona, Cape Canaveral, Tampa, and Tallahassee, Florida, 78864-78869 [2022-27730]
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Federal Register / Vol. 87, No. 246 / Friday, December 23, 2022 / Rules and Regulations
Act of 1969 (42 U.S.C. 4321–4370f), and
have made a 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. 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.
This rule is categorically excluded
under paragraph L53 of Appendix A,
Table 1 of DHS Instruction Manual 023–
01–001–01, Rev. 01. Paragraph L53
pertains to congressionally mandated
regulations designed to improve or
protect the environment. This rule
adjusts the limits of liability for vessels,
deepwater ports, and onshore facilities
to reflect significant increases in the CPI
using the methodology established in 33
CFR 138.40(a) and mandated by statute.
List of Subjects in 33 CFR Part 138
Hazardous materials transportation,
Insurance, Oil pollution, Reporting and
recordkeeping requirements, Surety
bonds, Vessels, Water pollution control.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 138 as follows:
Dated: December 9, 2022.
Jo-Ann F. Burdian,
Rear Admiral, U.S. Coast Guard, Assistant
Commandant for Response Policy.
PART 138—FINANCIAL
RESPONSIBILITY FOR WATER
POLLUTION (VESSELS) AND OPA 90
LIMITS OF LIABILITY (VESSELS,
DEEPWATER PORTS AND ONSHORE
FACILITIES)
DEPARTMENT OF HOMELAND
SECURITY
1. The authority citation for part 138
continues to read as follows:
[Docket Number USCG–2022–0806]
■
Subpart B—OPA 90 Limits of Liability
(Vessels, Deepwater Ports and
Onshore Facilities)
§ 138.230
[Amended]
2. Amend § 138.230 as follows:
a. In paragraph (a)(1)(i), remove the
text ‘‘$3,700 per gross ton or
$27,422,200’’ and add, in its place, the
text ‘‘$4,000 per gross ton or
$29,591,300’’;
■ b. In paragraph (a)(1)(ii), remove the
text ‘‘$2,300 per gross ton or
$19,943,400’’ and add, in its place, the
■
■
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[FR Doc. 2022–27750 Filed 12–22–22; 8:45 am]
BILLING CODE 9110–04–P
the U.S. Exclusive Economic Zone
(EEZ). It is also necessary to provide for
the safe recovery of reentry vehicles,
and any personnel involved in reentry
services, after the splashdown. This rule
prohibits U.S.-flagged vessels from
entering any of the temporary safety
zones unless authorized by the District
Commander of the Seventh Coast Guard
District, the relevant Captain of the Port,
or a designated representative.
DATES: This rule is effective from
January 1, 2023, through February 4,
2024.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2022–
0806 in the search box and click
‘‘Search.’’ Next, in the Document Type
column, select ‘‘Supporting & Related
Material.’’
FOR FURTHER INFORMATION CONTACT: If
you have questions about this
rulemaking, call or email Lieutenant
Ryan Gilbert, District 7 Waterways
Division (dpw), U.S. Coast Guard;
telephone (305) 415–6748, email
Ryan.A.Gilbert@uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
Coast Guard
33 CFR Part 165
RIN 1625–AA00
Authority: 6 U.S.C. 552(d); 33 U.S.C. 2704,
2716, 2716a; 42 U.S.C. 9608, 9609; E.O.
12580, Sec. 7(b), 3 CFR, 1987 Comp., p. 193;
E.O. 12777, Secs. 4 and 5, 3 CFR, 1991
Comp., p. 351, as amended by E.O. 13286,
Sec. 89, 3 CFR, 2004 Comp., p. 166, and by
E.O. 13638, Sec. 1, 3 CFR, 2014 Comp., p.
227; Department of Homeland Security
Delegation Nos. 00170.1, Revision 01.2, and
5110, Revision 01. Section 138.40 also issued
under the authority of 46 U.S.C. 2103 and
14302.
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text ‘‘$2,500 per gross ton or
$21,521,000’’;
■ c. In paragraph (a)(1)(iii), remove the
text ‘‘$3,700 per gross ton or
$7,478,800’’ and add, in its place, the
text ‘‘$4,000 per gross ton or
$8,070,400’’;
■ d. In paragraph (a)(1)(iv), remove the
text ‘‘$2,300 per gross ton or
$4,985,900’’ and add, in its place, the
text ‘‘$2,500 per gross ton or
$5,380,300’’;
■ e. In paragraph (a)(2), remove the text
‘‘$1,200 per gross ton or $997,100’’ and
add, in its place, the text ‘‘$1,300 per
gross ton or $1,076,000’’;
■ f. In paragraph (b)(1) remove the text
‘‘$672,514,900’’ and add, in its place,
the text ‘‘$725,710,800’’;
■ g. In paragraph (b)(2)(i), remove the
text ‘‘$102,245,000’’ and add, in its
place, the text ‘‘$110,332,600’’; and
■ h. In paragraph (c), remove the text
‘‘$672,514,900’’ and add, in its place,
the text ‘‘$725,710,800’’.
Safety Zones in Reentry Sites;
Jacksonville, Daytona, Cape
Canaveral, Tampa, and Tallahassee,
Florida
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is reestablishing five temporary safety zones
for the safe splashdown and recovery of
reentry vehicles launched by Space
Exploration Technologies Corporation
(SpaceX) in support of National
Aeronautics and Space Administration
(NASA) and privately chartered
missions. The temporary safety zones
are located within the Seventh Coast
Guard District area of responsibility
(AOR) offshore of Jacksonville, Daytona,
Cape Canaveral, Tampa, and
Tallahassee, Florida. This action is
necessary to protect vessels and
waterway users from the potential
hazards created by reentry vehicle
splashdowns and recovery operations in
SUMMARY:
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AOR Area of Responsibility
AIS Automatic Identification System
BNM Broadcast Notice to Mariners
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
EEZ Exclusive Economic Zone
FAA Federal Aviation Administration
FL Florida
FR Federal Register
GA Georgia
MSIB Marine Safety Information Bulletin
NASA National Aeronautics and Space
Administration
NMFS National Marine Fisheries Service
NOAA National Oceanic and Atmospheric
Administration
NM Nautical Mile
NPRM Notice of Proposed Rulemaking
§ Section
SpaceX Space Exploration Technologies
Corporation
U.S. United States
U.S.C. United States Code
USFWS U.S. Fish and Wildlife Service
II. Background Information and
Regulatory History
On January 1, 2021, the William M.
(Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021
(Pub. L. 116–283) (Authorization Act)
was enacted. Section 8343 (134 Stat.
4710) calls for the Coast Guard to
conduct a two-year pilot program to
establish and implement a process to
establish safety zones to address special
activities in the U.S. Exclusive
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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 these sites are off the coast
of Florida (FL) and Georgia (GA)—three
are located in the Atlantic Ocean and
two are located in the Gulf of Mexico.
On August 4, 2022, the Coast Guard
published a temporary final rule (TFR) 5
in the Federal Register establishing five
temporary safety zones for the safe
splashdown and recovery of reentry
vehicles launched by SpaceX in support
of NASA missions. See 33 CFR
165.T07–0289. These temporary
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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regulations expire on December 31,
2022.
On October 21, 2022, the Coast Guard
published a notice of proposed
rulemaking (NPRM) in the Federal
Register titled, ‘‘Safety Zones in Reentry
Sites; Jacksonville, Daytona, Cape
Canaveral, Tampa, and Tallahassee,
Florida.’’ 6 In the NPRM, we stated the
purpose of the rulemaking was to create
five temporary safety zones off the coast
of FL and GA that would ensure the
protection of vessels and waterway
users in the U.S. Exclusive Economic
Zone (EEZ) 7 from the potential hazards
created by reentry vehicle
splashdowns 8 and recovery operations,
and the safe recovery of reentry vehicles
and personnel involved in reentry
services.9 The NPRM invited comments
on the proposed rule. During the
comment period that ended November
21, 2022, we received four comment
submissions.
With this TFR, the Coast Guard is
ensuring the five temporary safety zones
created by this TFR are in place for the
safe reentry vehicle splashdown and
recovery of reentry vehicles missions
launched by SpaceX in support of
NASA missions, and privately chartered
missions during the remaining period of
the pilot program, from January 1, 2023,
through February 4, 2024.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under section 8343 of the Authorization
Act. The Seventh District Commander
has determined there are potential
hazards in the U.S. EEZ created by
reentry vehicle splashdowns and
recovery operations, and the safe
recovery of reentry vehicles and
personnel involved in reentry services.
The purpose of this rule is to ensure
safety of vessels, reentry vehicles,
personnel involved in reentry services
and the navigable waters in the safety
zone, whenever a splashdown occurs.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this rule effective less than 30
days after publication in the Federal
Register because this rule is needed to
ensure there is no lapse in coverage
when the existing regulations in
§ 165.T07–0289 expire on December 31,
2022. Delaying the effective date of this
6 87
FR 63981.
Coast Guard defines the U.S. exclusive
economic zone in 33 CFR 2.30(a). Territorial sea is
defined in 33 CFR 2.22.
8 Splashdown refers to the landing of a reentry
vehicle into a body of water.
9 Reentry Services means (1) activities involved in
the preparation of a reentry vehicle and payload,
crew (including crew training), government
astronaut, or space flight participant, if any, for
reentry; and (2) the conduct of a reentry.
7 The
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rule would be impracticable and
contrary to the public interest because
the Cargo Resupply Mission 26 (CRS–
26) is scheduled to splashdown in early
January 2023, and the rule needs to be
effective before the splashdown occurs.
Delaying the enforcement of this rule to
allow a 30-day effective period would
inhibit the Coast Guard’s ability to
fulfill its mission to ensure the
protection of vessels and waterway
users in the U.S. EEZ from the potential
hazards created by reentry vehicle
splashdowns and recovery operations,
and the safe recovery of reentry vehicles
and personnel involved in reentry
services.
IV. Discussion of Comments, Changes,
and the Rule
As noted above, we received four
comment submissions on our NPRM
that published in the Federal Register
on October 21, 2022. The commenters
expressed concerns regarding
commercial fisheries and related
economic impacts, potential
environmental impacts, and the Coast
Guard’s notification process. These
issues are discussed below.
Several commenters asked whether
the Coast Guard had engaged with the
National Oceanic and Atmospheric
Administration (NOAA) National
Marine Fisheries Service (NMFS);
inquired whether the reentry vehicle
splashdown and recovery operations
complied with the National
Environmental Policy Act (NEPA);
requested further analyses on the
potential releases of hazardous
substances by reentry vehicles; and
inquired about the potential impacts to
the marine environment and
commercial fisheries stocks.
While the Coast Guard did not engage
NOAA NMFS, the Coast Guard prepared
a preliminary Record of Environmental
Consideration (REC) at the NPRM stage
and a final REC for this rulemaking
stage (see section F. Environment in this
document). These reviews aided the
Coast Guard in determining that
fisheries stocks would not be impacted.
Furthermore, this rulemaking involves
the creation of temporary safety zones
that will only be activated periodically
for relatively short time periods. In most
cases the safety zones will be activated
for four hours or less, therefore any
impact on fisheries stocks would be
insignificant.
As discussed in the environmental
section of our NPRM and in this
document, the Coast Guard determined
this rulemaking is categorically
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excluded (CATEX) 10 under NEPA from
undergoing a detailed environmental
analysis in an Environmental
Assessment or Environmental Impact
Statement because the activities have
been determined to normally not have
the potential, individually or
cumulatively, to have a significant effect
on the human environment. Reentry
vehicle splashdown activities are
licensed by the FAA. During the FAA
licensing process, and in various
rulemakings and related environmental
reviews promulgated by the FAA, many
of the issues related to fishery and
environmental concerns were
addressed. Most notably, the FAA
completed an extensive Environmental
Assessment (FAA EA) in July of 2020.11
In that EA, the FAA consulted with the
U.S. Fish and Wildlife Service (USFWS)
and the NMFS. The Coast Guard is
establishing these temporary safety
zones to ensure the protection of vessels
and waterway users in the U.S. EEZ
from the potential hazards created by
reentry vehicle splashdowns and
recovery operations, and the safe
recovery of reentry vehicles and
personnel involved in reentry services.
Three commenters expressed
concerns about the economic impact on
commercial vessels of various sizes and
types, the economic impact on small
fishing businesses, along with other
impacts on recreational vessels due to
closures for reentry or recovery
operations. This rulemaking will not
have a significant impact on any type of
commercial or recreational fishing
vessel activity because all vessels would
be able to transit around the activated
temporary safety zone, during the
recovery, and the recovery would be
relatively short in duration. The
activated temporary safety zone will
typically be enforced for approximately
four hours, and no more than eight
hours in extremely extenuating
circumstances. The Coast Guard is
taking significant actions to minimize,
to the extent possible, the impact on
commercial and recreational waterway
use. Ultimately the Coast Guard deems
the benefits and needs for the creation
of the five temporary safety zones, to
provide protection to vessels and
waterway users from the potential
hazards created by reentry vehicle
splashdowns and recovery operations
while providing for the safe recovery of
reentry vehicles, and any personnel
involved in reentry services, to exceed
10 This rule is categorically excluded from further
review under paragraph L60(a) of Appendix A,
Table 1 of DHS Instruction Manual 023–01–001–01,
Rev.1.
11 https://www.faa.gov/space/environmental/
nepa_docs.
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the indirect impacts on the entities the
commenters noted.
Several commenters expressed
concerns about public notification.
While it is not necessary to modify the
rule’s regulatory text, additional
explanation of the intended notification
methods is merited. Four commenters
suggested expanding the means to notify
fisherman beyond the proposed
Broadcast Notice to Mariners (BNM) on
VHF–FM 16, and/or Marine Safety
Information Bulletins (MSIB) to
optimize notification to commercial and
recreational fishing vessels. The Coast
Guard will continue to provide proper
notification to all marine transportation
system users through available
platforms to maintain timely and
current information with regards to
space launch and recovery operations. If
waterway users are concerned, they will
not be able to get this information in a
timely manner, or they will not see the
notices or broadcasts the Coast Guard
distributes and publishes, they have the
ability sign up for email updates on the
Coast Guard’s Navigation Center’s
website.12
Three commenters requested that
reentry safety zones be clearly identified
on digital navigation or Automatic
Identification System (AIS) charts for all
waterway users to have access to, to
reduce the need to input coordinates
each time a notification is issued. The
Coast Guard is evaluating different
options to provide mariners with an
efficient way including, plotting the
temporary safety zones in the NOAA
charts and AIS broadcasts.
Two commenters inquired about how
they would be notified when the
temporary safety zones are enforced.
Upon notification of a reentry vehicle’s
reentry, the Coast Guard would activate
all five temporary safety zones to serve
as a cautionary warning that a reentry
vehicle could splashdown in one of the
five temporary safety zones during the
specified time period. However, only
one of the five temporary safety zones
will be enforced for the window of time
of the reentry vehicle splashdown and
recovery. Once the Coast Guard receives
confirmation from NASA or SpaceX,
where the reentry vehicle will
splashdown, usually within 24 hours of
the reentry vehicle splashdown, the
public will be notified that only one of
the five temporary safety zones will be
enforced, all other temporary safety
zones will be deactivated. The
notification of enforcement that the
Coast Guard publishes in the Federal
Register will set out the specific times
12 https://www.navcen.uscg.gov/broadcast-noticeto-mariners.
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that the one temporary safety zone will
be closed (enforced), and it will
typically be no more than six hours.
This will allow the Coast Guard to
ensure the activated temporary safety
zone is cleared prior to the reentry
vehicle’s reentry. After the Coast Guard
receives notification that the reentry
vehicle’s recovery operation is
complete, the temporary safety zone
enforcement will be deactivated, and
mariners will be notified of the
deactivation via VHF–FM Channel 16.
The Coast Guard identified in an
internal review that the Jacksonville
reentry site, as provided by NASA and
SpaceX, straddles the border of the
Jacksonville COTP zone and the
Savannah COTP zone. The coordinates
of the Jacksonville reentry site safety
zone itself has not changed. Moving
forward, the COTP Savannah will
follow the same notification procedures
as the COTP Jacksonville, and the COTP
St. Petersburg, at least as it pertains to
the portion of the safety zone that falls
under the Savannah COTP zone. The
only change in regulatory text to this
rule, from the proposed rule in the
NPRM, is the addition of the Captain of
the Port of Savannah to the definition of
Captain of the Port.
When discussing all these issues it is
important to reiterate that all these
safety zones are part of a pilot program,
and this is a newly established authority
for the Coast Guard. This means, all
these processes are new, and part of a
larger Coast Guard initiative to establish
how to best regulate these types of
issues. With every recovery operation,
the Coast Guard seeks to further
streamline the process, and make it
more efficient for the public, and those
operating reentry vehicles because at the
end of the pilot program the Coast
Guard is required to brief the Committee
on Transportation and Infrastructure of
the House of Representatives and the
Committee on Commerce, Science, and
Transportation of the Senate.13
With this TFR, the Coast Guard is
ensuring that the five temporary safety
zones created by this TFR are in place
for the safe reentry vehicle splashdown
and recovery of reentry vehicles
launched by SpaceX in support of
NASA and privately chartered missions
from January 1, 2023, through February
4, 2024.
The temporary safety zones are in the
U.S. EEZ within the Coast Guard
District Seven AOR offshore of
Jacksonville, Daytona, and Cape
Canaveral, FL, in the Atlantic Ocean,
and Tampa and Tallahassee, FL, in the
Gulf of Mexico. The rule prohibits U.S.13 Section
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flagged vessels from entering any of the
safety zones unless authorized by the
District Commander, a Coast COTP, or
a designated representative. Because the
safety zones are within the U.S. EEZ,
only U.S.-flagged vessels will be subject
to enforcement. However, all foreignflagged vessels are encouraged to remain
outside the safety zones.
Three of the five temporary safety
zones are located off the coast of FL and
GA in the Atlantic Ocean in the
following areas: (1) Approximately 65
nautical miles (NM) northeast from
Jacksonville; (2) 29 NM northeast from
Daytona; and (3) 17 NM east from Port
Canaveral. The remaining two
temporary safety zones are located off
the coast of FL in the Gulf of Mexico in
the following areas: (1) Approximately
58 NM northwest from Tampa Bay; and
(2) 43 NM south from Tallahassee. The
Jacksonville, Daytona, Cape Canaveral,
and Tampa safety zones have an
approximate area of 256 square miles,
and are diamond shaped with the top
point of the diamond pointing to the
North. The Tallahassee safety zone is
approximately 59 square miles in size
and is triangular in shape. The
Tallahassee safety zone, as provided by
NASA and SpaceX, is the same size and
shape as the other four safety zones;
however, only a portion of the safety
zone is within the jurisdiction of the
Seventh Coast Guard District, so only
the 59 square miles is included in this
rule. The remaining portion of the safety
zone falls within the Coast Guard
District Eight AOR.
The coordinates for the safety zones
are based on the furthest north, east,
south, and west points of the reentry
vehicles splashdown and are
determined from data and modeling by
SpaceX and NASA. The coordinates
take into account the trajectories of the
reentry vehicles coming out of orbit, the
potential risk to the public, and the
proximity to medical facilities that meet
NASA requirements. The specific
coordinates for the five temporary safety
zones are presented in the regulatory
text at the end of this document.
To the extent feasible, the District
Commander, COTP, 14 or designated
representative will inform the public of
the activation of the five temporary
safety zones by Notice of Enforcement
(NOE) published in the Federal Register
at least two days before the reentry
vehicle splashdown. The NOE will
identify the approximate date(s) during
14 The Daytona, and Cape Canaveral, FL zones in
the COTP Jacksonville AOR, along with a portion
of the Jacksonville zone. The remaining portion of
the Jacksonville zone is in the COTP Savannah
AOR. The zones in the COTP St. Petersburg AOR
are Tampa and Tallahassee, FL.
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which a reentry vehicle splashdown and
recovery operations will occur. The
District Commander, or the COTP
Savannah, and COTP Jacksonville will
issue the NOEs for the safety zone
located in Jacksonville. The District
Commander, or COTP Jacksonville will
issue the NOEs for the safety zone
located in Daytona, and Cape Canaveral,
FL. The District Commander or COTP
St. Petersburg will issue the NOEs for
the safety zones located Tampa and
Tallahassee, FL.
To the extent possible, twenty-four
hours before a reentry vehicle
splashdown and recovery operations,
the District Commander, COTP, or
designated representative will inform
the public whether one of the five safety
zones will remain activated (subject to
enforcement) until announced by BNM
on VHF–FM channel 16, and/or MSIB
(as appropriate) that the safety zone is
no longer subject to enforcement. The
specific temporary safety zone to be
enforced will be based on varying
mission and environmental factors,
including atmospheric conditions, sea
state, weather, and orbital calculations.
The MSIB will include the geographic
coordinates of the activated safety zone,
a map identifying the location of the
activated safety zone, and information
related to potential hazards associated
with a reentry vehicle splashdown and
recovery operations associated with
space activities, including marine
environmental and public health
hazards, such the release of hydrazine
and other potential oil or hazardous
substances.
When the safety zone is activated, the
District Commander, COTP, or
designated representative will be able to
restrict U.S.-flagged vessel movement
including but not limited to transiting,
anchoring, or mooring within the safety
zone to protect vessels from hazards
associated with space activities. The
activated safety zone will ensure the
protection of vessels and waterway
users from the potential hazards created
by reentry vehicle splashdowns and
recovery operations. This includes
protection during the recovery of a
reentry vehicle, and the protection of
personnel involved in reentry services
and space support vessels.15
After a reentry vehicle splashdown,
the District Commander, COTP, or
designated representative will grant
general permission to come no closer
than 3 NM within the activated safety
zone from any reentry vehicle or space
15 Space Support Vessel means any vessel
engaged in the support of space activities. These
vessels are typically approximately 170 feet in
length, have a forward wheelhouse, and are
equipped with a helicopter pad and lifting crane.
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support vessel engaged in the recovery
operations. The recovery operations are
expected to last approximately one
hour. That should allow for sufficient
time to let any potential toxic materials
clear the reentry vehicle, recovery of the
reentry vehicle by the space support
vessel, and address any potential
medical evacuations for any personnel
involved in reentry services that were
onboard the reentry vehicle.
Once a reentry vehicle and any
personnel involved in reentry services
are removed from the water and secured
onboard a space support vessel, the
District Commander, COTP, or
designated representative would issue a
BNM on VHF–FM channel 16
announcing the activated safety zone is
no longer subject to enforcement. A
photograph of a reentry vehicle and
space support vessel expected to use the
reentry sites are available in the docket.
V. Regulatory Analyses
We developed this rule after
considering numerous statutes and
Executive orders related to rulemaking.
Below we summarize our analyses
based on a number of these statutes and
Executive orders, and we discuss First
Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563
direct agencies to assess the costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits.
This rule has not been designated a
‘‘significant regulatory action,’’ under
Executive Order 12866. Accordingly,
the NPRM has not been reviewed by the
Office of Management and Budget
(OMB).
This regulatory action determination
is based on the size, location, duration,
and scope of the temporary safety zones.
The temporary safety zones are limited
in size and location to only those areas
where reentry vehicles splashdown and
recovery operations occur. The safety
zones are limited in scope, as vessel
traffic would be able to safely transit
around the activated safety zone which
will only impact a small part of the U.S.
EEZ within the Atlantic Ocean and Gulf
of Mexico. This rule involves the
establishment of five temporary safety
zones which will be activated two days
before a reentry vehicle splashdown and
recovery operations. Twenty-four hours
before a reentry vehicle splashdown, the
Coast Guard will inform the public
whether any of the five temporary safety
zones will remain activated. If one of
the safety zones remains activated, the
safety zone will be enforced for
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approximately four hours prior to a
reentry vehicle splashdown and remain
activated until announced by Broadcast
Notice to Mariners on VHF–FM channel
16, and/or Marine Safety Information
Bulletin (as appropriate) that the safety
zone is no longer subject to
enforcement. After the reentry vehicle
splashdown, general permission will be
granted to come no closer than 3 NM
within the activated safety zone. There
is a danger associated with fumes from
the reentry vehicle after it has splashed
down. Once a reentry vehicle and any
personnel involved in reentry services
are removed from the water and secured
onboard a space support vessel, the
activated safety zone will no longer be
subject to enforcement. The activated
safety zone will ensure the protection of
vessels and waterway users from the
potential hazards created by a reentry
vehicle splashdown and recovery
operations and the recovery of a reentry
vehicle, personnel involved in reentry
services, and space support vessel.
B. Impact on Small Entities
The Regulatory Flexibility Act of
1980, 5 U.S.C. 601–612, as amended,
requires Federal agencies to consider
the potential impact of regulations on
small entities during rulemaking. The
term ‘‘small entities’’ comprises small
businesses, not-for-profit organizations
that are independently owned and
operated and are not dominant in their
fields, and governmental jurisdictions
with populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C.
605(b) that this rule would not have a
significant economic impact on a
substantial number of small entities.
The safety zones are only expected to
last a few hours from reentry vehicle
splashdown to recovery. Vessels will be
able to transit around the activated
safety zone location during these
recoveries. We do not anticipate any
significant economic impact resulting
from activation of the safety zones.
If you think that your business,
organization, or governmental
jurisdiction qualifies as a small entity,
and that this rule would have a
significant economic impact on it,
please submit a comment (see
ADDRESSES) explaining why you think it
qualifies and how and to what degree
this rule would economically affect it.
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 104–
121), we want to assist small entities in
understanding this rule. If the rule
would affect your small business,
organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
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17:41 Dec 22, 2022
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compliance, please call or email the
person listed in the FOR FURTHER
INFORMATION CONTACT section. The Coast
Guard will not retaliate against small
entities that question or complain about
this rule or any policy or action of the
Coast Guard.
C. Collection of Information
This rule would not call for a new
collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520).
D. Federalism and Indian Tribal
Governments
A rule has implications for federalism
under Executive Order 13132
(Federalism), if it has a substantial
direct effect on the States, on the
relationship between the National
Government and the States, or on the
distribution of power and
responsibilities among the various
levels of government. We have analyzed
this rule under that Order and have
determined that it is consistent with the
fundamental federalism principles and
preemption requirements described in
Executive Order 13132.
Also, this rule does not have tribal
implications under Executive Order
13175 (Consultation and Coordination
with Indian Tribal Governments)
because it would not have a substantial
direct effect on one or more Indian
tribes, on the relationship between the
Federal Government and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes. If you
believe this rule has implications for
federalism or Indian tribes, please call
or email the person listed in the FOR
FURTHER INFORMATION CONTACT section.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this rule
would not result in such an
expenditure, we do discuss the potential
effects of this rule elsewhere in this
preamble.
F. Environment
We have analyzed this rule under
Department of Homeland Security
Directive 023–01, Rev. 1, associated
implementing instructions, and
Environmental Planning COMDTINST
5090.1 (series), which guide the Coast
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Frm 00050
Fmt 4700
Sfmt 4700
Guard in complying with the National
Environmental Policy Act of 1969 (42
U.S.C. 4321–4370f), and have made a
preliminary determination that this
action is one of a category of actions that
do not individually or cumulatively
have a significant effect on the human
environment. This rule involves the
establishment of five temporary safety
zones which would be activated two
days before a reentry vehicle
splashdown and recovery operations.
Twenty-four hours before a reentry
vehicle splashdown, one of the five
temporary safety zones would remain
activated. If one of the safety zones
remains activated, the safety zone will
be enforced for approximately four
hours prior to a reentry vehicle
splashdown and remain activated until
announced by BNM on VHF–FM
channel 16, and/or MSIB (as
appropriate) that the safety zone is no
longer subject to enforcement. After a
reentry vehicle splashdown, general
permission would be granted to come
no closer than 3 NM within the
activated safety zone. Once a reentry
vehicle and any personnel involved in
reentry services are removed from the
water and secured onboard a space
support vessel, the activated safety zone
would no longer be subject to
enforcement. Normally such actions are
categorically excluded from further
review under paragraph L60(a) of
Appendix A, Table 1 of DHS Instruction
Manual 023–01–001–01, Rev. 1. A
Record of Environmental Consideration
supporting this determination is
available in the docket. For instructions
on locating the docket, see the
ADDRESSES section of this preamble.
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to call or email the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places, or vessels.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amend 33
CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
■
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Federal Register / Vol. 87, No. 246 / Friday, December 23, 2022 / Rules and Regulations
Authority: 46 U.S.C. 70034, 70051, 70124;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 00170.1, Revision No. 01.3.
2. Add § 165.T07–0806 to read as
follows:
Point 1, thence to Point 2, thence to
Point 3, and then back to Point 1.
TABLE 5 TO PARAGRAPH (a)(5)
■
§ 165.T07–0806 Safety Zones in Reentry
Sites; Jacksonville, Daytona, Cape
Canaveral, Tampa, and Tallahassee, Florida.
(a) Location. The coordinates used in
this paragraph are based on the World
Geodetic System (WGS) 1984. The
following areas are safety zones:
(1) Jacksonville site. All waters from
surface to bottom encompassed within a
line connecting the following points:
Point 1, thence to Point 2, thence to
Point 3, thence to Point 4, and then back
to Point 1.
TABLE 1 TO PARAGRAPH (a)(1)
Point
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.
TABLE 2 TO PARAGRAPH (a)(2)
Point
Point
Point
Point
1
2
3
4
.............
.............
.............
.............
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
(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
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.
TKELLEY on DSK125TN23PROD with RULES
TABLE 4 TO PARAGRAPH (a)(4)
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:
VerDate Sep<11>2014
17:41 Dec 22, 2022
Jkt 259001
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, the Captain
of the Port of Savannah, or the Captain
of the Port of St. Petersburg.
Designated representative means a
Coast Guard Patrol Commander,
including a Coast Guard coxswain, petty
officer, or other officer operating a Coast
Guard vessel; Coast Guard
Representatives in the Merrill
Operations Center; and other officers
designated by the District Commander
of the Seventh Coast Guard District or
cognizant COTP.
Reentry Services means activities
involved in the preparation of a reentry
vehicle and payload, crew (including
crew training), government astronaut, or
space flight participant, if any, for
reentry; and the conduct of a reentry.
Reentry vehicle means a vehicle
designed to return from Earth orbit or
outer space to Earth, or a reusable
launch vehicle designed to return from
Earth orbit or outer space to Earth,
substantially intact.
Space Support Vessel means any
vessel engaged in the support of space
activities. These vessels are typically
approximately 170 feet in length, have
a forward wheelhouse, and are
equipped with a helicopter pad and
lifting crane.
Splashdown means the landing of a
reentry vehicle into a body of water.
(c) Regulations. (1) Because the safety
zones described in paragraph (a) of this
section are within the U.S. Exclusive
Economic Zone, only U.S.-flagged
vessels are subject to enforcement. All
foreign-flagged vessels are encouraged
to remain outside the safety zones.
(2) In accordance with the general
regulations in 33 CFR part 165, subpart
C, no U.S.-flagged vessel may enter the
safety zones described in paragraph (a)
of this section unless authorized by the
District Commander, COTP, or
designated representative, except as
provided in paragraph (d)(3) of this
section.
(d) Notification of enforcement. (1) To
the extent feasible, the District
Commander, COTP, or designated
representative will inform the public of
PO 00000
Frm 00051
Fmt 4700
Sfmt 4700
78869
the activation of the five safety zones
described in paragraph (a) of this
section by Notice of Enforcement
published in the Federal Register at
least two days before the splashdown.
(2) To the extent possible, twenty-four
hours before a reentry vehicle
splashdown, the District Commander,
COTP, or designated representative will
inform the public if one of the five
safety zones described in paragraph (a)
will remain activated until announced
by Broadcast Notice to Mariners on
VHF–FM channel 16, and/or Marine
Safety Information Bulletin (as
appropriate) that the safety zone is no
longer subject to enforcement.
(3) After a reentry vehicle
splashdown, the District Commander,
COTP, or designated representative will
grant general permission to come no
closer than 3 nautical miles of any
reentry vehicle or space support vessel
engaged in the recovery operations,
within the activated safety zone
described in paragraph (a) of this
section.
(4) Once a reentry vehicle, and any
personnel involved in reentry service,
are removed from the water and secured
onboard a space support vessel, the
District Commander, COTP, or
designated representative will issue a
Broadcast Notice to Mariners on VHF–
FM channel 16 announcing the
activated safety zone is no longer
subject to enforcement.
(e) Effective period. This section is
effective from January 1, 2023, through
February 4, 2024.
Dated: December 16, 2022.
Brendan C. McPherson,
Rear Admiral, U.S. Coast Guard, Commander,
Seventh Coast Guard District.
[FR Doc. 2022–27730 Filed 12–22–22; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2022–0217]
RIN 1625–AA00
Safety Zone; Fireworks Display, Sea
Otter Point, Port of Valdez, AK
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone in
the navigable waters from the surface to
seabed, within a 150 yard radius of the
fireworks launching point located at Sea
SUMMARY:
E:\FR\FM\23DER1.SGM
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]]>Agencies
[Federal Register Volume 87, Number 246 (Friday, December 23, 2022)]
[Rules and Regulations]
[Pages 78864-78869]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-27730]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2022-0806]
RIN 1625-AA00
Safety Zones in Reentry Sites; Jacksonville, Daytona, Cape
Canaveral, Tampa, and Tallahassee, Florida
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is re-establishing five temporary safety zones
for the safe splashdown and recovery of reentry vehicles launched by
Space Exploration Technologies Corporation (SpaceX) in support of
National Aeronautics and Space Administration (NASA) and privately
chartered missions. The temporary safety zones are located within the
Seventh Coast Guard District area of responsibility (AOR) offshore of
Jacksonville, Daytona, Cape Canaveral, Tampa, and Tallahassee, Florida.
This action is necessary to protect vessels and waterway users from the
potential hazards created by reentry vehicle splashdowns and recovery
operations in the U.S. Exclusive Economic Zone (EEZ). It is also
necessary to provide for the safe recovery of reentry vehicles, and any
personnel involved in reentry services, after the splashdown. This rule
prohibits U.S.-flagged vessels from entering any of the temporary
safety zones unless authorized by the District Commander of the Seventh
Coast Guard District, the relevant Captain of the Port, or a designated
representative.
DATES: This rule is effective from January 1, 2023, through February 4,
2024.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2022-0806 in the search box and click ``Search.'' Next, in the Document
Type column, select ``Supporting & Related Material.''
FOR FURTHER INFORMATION CONTACT: If you have questions about this
rulemaking, call or email Lieutenant Ryan Gilbert, District 7 Waterways
Division (dpw), U.S. Coast Guard; telephone (305) 415-6748, email
[email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
AOR Area of Responsibility
AIS Automatic Identification System
BNM Broadcast Notice to Mariners
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
EEZ Exclusive Economic Zone
FAA Federal Aviation Administration
FL Florida
FR Federal Register
GA Georgia
MSIB Marine Safety Information Bulletin
NASA National Aeronautics and Space Administration
NMFS National Marine Fisheries Service
NOAA National Oceanic and Atmospheric Administration
NM Nautical Mile
NPRM Notice of Proposed Rulemaking
Sec. Section
SpaceX Space Exploration Technologies Corporation
U.S. United States
U.S.C. United States Code
USFWS U.S. Fish and Wildlife Service
II. Background Information and Regulatory History
On January 1, 2021, the William M. (Mac) Thornberry National
Defense Authorization Act for Fiscal Year 2021 (Pub. L. 116-283)
(Authorization Act) was enacted. Section 8343 (134 Stat. 4710) calls
for the Coast Guard to conduct a two-year pilot program to establish
and implement a process to establish safety zones to address special
activities in the U.S. Exclusive
[[Page 78865]]
Economic Zone (EEZ).\1\ These special activities include space
activities \2\ carried out by United States (U.S.) citizens. Terms used
to describe space activities, including launch, reentry site, and
reentry vehicle, are defined in 51 U.S.C. 50902, and in this document.
---------------------------------------------------------------------------
\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 these sites are off the coast of
Florida (FL) and Georgia (GA)--three are located in the Atlantic Ocean
and two are located in the Gulf of Mexico.
---------------------------------------------------------------------------
\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. See 33 CFR 165.T07-0289. These
temporary regulations expire on 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).
---------------------------------------------------------------------------
On October 21, 2022, the Coast Guard published a notice of proposed
rulemaking (NPRM) in the Federal Register titled, ``Safety Zones in
Reentry Sites; Jacksonville, Daytona, Cape Canaveral, Tampa, and
Tallahassee, Florida.'' \6\ In the NPRM, we stated the purpose of the
rulemaking was to create five temporary safety zones off the coast of
FL and GA that would ensure the protection of vessels and waterway
users in the U.S. Exclusive Economic Zone (EEZ) \7\ from the potential
hazards created by reentry vehicle splashdowns \8\ and recovery
operations, and the safe recovery of reentry vehicles and personnel
involved in reentry services.\9\ The NPRM invited comments on the
proposed rule. During the comment period that ended November 21, 2022,
we received four comment submissions.
---------------------------------------------------------------------------
\6\ 87 FR 63981.
\7\ The Coast Guard defines the U.S. exclusive economic zone in
33 CFR 2.30(a). Territorial sea is defined in 33 CFR 2.22.
\8\ Splashdown refers to the landing of a reentry vehicle into a
body of water.
\9\ Reentry Services means (1) activities involved in the
preparation of a reentry vehicle and payload, crew (including crew
training), government astronaut, or space flight participant, if
any, for reentry; and (2) the conduct of a reentry.
---------------------------------------------------------------------------
With this TFR, the Coast Guard is ensuring the five temporary
safety zones created by this TFR are in place for the safe reentry
vehicle splashdown and recovery of reentry vehicles missions launched
by SpaceX in support of NASA missions, and privately chartered missions
during the remaining period of the pilot program, from January 1, 2023,
through February 4, 2024.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under section 8343 of the
Authorization Act. The Seventh District Commander has determined there
are potential hazards in the U.S. EEZ created by reentry vehicle
splashdowns and recovery operations, and the safe recovery of reentry
vehicles and personnel involved in reentry services. The purpose of
this rule is to ensure safety of vessels, reentry vehicles, personnel
involved in reentry services and the navigable waters in the safety
zone, whenever a splashdown occurs.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register because this rule is needed to
ensure there is no lapse in coverage when the existing regulations in
Sec. 165.T07-0289 expire on December 31, 2022. Delaying the effective
date of this rule would be impracticable and contrary to the public
interest because the Cargo Resupply Mission 26 (CRS-26) is scheduled to
splashdown in early January 2023, and the rule needs to be effective
before the splashdown occurs. Delaying the enforcement of this rule to
allow a 30-day effective period would inhibit the Coast Guard's ability
to fulfill its mission to ensure the protection of vessels and waterway
users in the U.S. EEZ from the potential hazards created by reentry
vehicle splashdowns and recovery operations, and the safe recovery of
reentry vehicles and personnel involved in reentry services.
IV. Discussion of Comments, Changes, and the Rule
As noted above, we received four comment submissions on our NPRM
that published in the Federal Register on October 21, 2022. The
commenters expressed concerns regarding commercial fisheries and
related economic impacts, potential environmental impacts, and the
Coast Guard's notification process. These issues are discussed below.
Several commenters asked whether the Coast Guard had engaged with
the National Oceanic and Atmospheric Administration (NOAA) National
Marine Fisheries Service (NMFS); inquired whether the reentry vehicle
splashdown and recovery operations complied with the National
Environmental Policy Act (NEPA); requested further analyses on the
potential releases of hazardous substances by reentry vehicles; and
inquired about the potential impacts to the marine environment and
commercial fisheries stocks.
While the Coast Guard did not engage NOAA NMFS, the Coast Guard
prepared a preliminary Record of Environmental Consideration (REC) at
the NPRM stage and a final REC for this rulemaking stage (see section
F. Environment in this document). These reviews aided the Coast Guard
in determining that fisheries stocks would not be impacted.
Furthermore, this rulemaking involves the creation of temporary safety
zones that will only be activated periodically for relatively short
time periods. In most cases the safety zones will be activated for four
hours or less, therefore any impact on fisheries stocks would be
insignificant.
As discussed in the environmental section of our NPRM and in this
document, the Coast Guard determined this rulemaking is categorically
[[Page 78866]]
excluded (CATEX) \10\ under NEPA from undergoing a detailed
environmental analysis in an Environmental Assessment or Environmental
Impact Statement because the activities have been determined to
normally not have the potential, individually or cumulatively, to have
a significant effect on the human environment. Reentry vehicle
splashdown activities are licensed by the FAA. During the FAA licensing
process, and in various rulemakings and related environmental reviews
promulgated by the FAA, many of the issues related to fishery and
environmental concerns were addressed. Most notably, the FAA completed
an extensive Environmental Assessment (FAA EA) in July of 2020.\11\ In
that EA, the FAA consulted with the U.S. Fish and Wildlife Service
(USFWS) and the NMFS. The Coast Guard is establishing these temporary
safety zones to ensure the protection of vessels and waterway users in
the U.S. EEZ from the potential hazards created by reentry vehicle
splashdowns and recovery operations, and the safe recovery of reentry
vehicles and personnel involved in reentry services.
---------------------------------------------------------------------------
\10\ This rule is categorically excluded from further review
under paragraph L60(a) of Appendix A, Table 1 of DHS Instruction
Manual 023-01-001-01, Rev.1.
\11\ https://www.faa.gov/space/environmental/nepa_docs.
---------------------------------------------------------------------------
Three commenters expressed concerns about the economic impact on
commercial vessels of various sizes and types, the economic impact on
small fishing businesses, along with other impacts on recreational
vessels due to closures for reentry or recovery operations. This
rulemaking will not have a significant impact on any type of commercial
or recreational fishing vessel activity because all vessels would be
able to transit around the activated temporary safety zone, during the
recovery, and the recovery would be relatively short in duration. The
activated temporary safety zone will typically be enforced for
approximately four hours, and no more than eight hours in extremely
extenuating circumstances. The Coast Guard is taking significant
actions to minimize, to the extent possible, the impact on commercial
and recreational waterway use. Ultimately the Coast Guard deems the
benefits and needs for the creation of the five temporary safety zones,
to provide protection to vessels and waterway users from the potential
hazards created by reentry vehicle splashdowns and recovery operations
while providing for the safe recovery of reentry vehicles, and any
personnel involved in reentry services, to exceed the indirect impacts
on the entities the commenters noted.
Several commenters expressed concerns about public notification.
While it is not necessary to modify the rule's regulatory text,
additional explanation of the intended notification methods is merited.
Four commenters suggested expanding the means to notify fisherman
beyond the proposed Broadcast Notice to Mariners (BNM) on VHF-FM 16,
and/or Marine Safety Information Bulletins (MSIB) to optimize
notification to commercial and recreational fishing vessels. The Coast
Guard will continue to provide proper notification to all marine
transportation system users through available platforms to maintain
timely and current information with regards to space launch and
recovery operations. If waterway users are concerned, they will not be
able to get this information in a timely manner, or they will not see
the notices or broadcasts the Coast Guard distributes and publishes,
they have the ability sign up for email updates on the Coast Guard's
Navigation Center's website.\12\
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\12\ https://www.navcen.uscg.gov/broadcast-notice-to-mariners.
---------------------------------------------------------------------------
Three commenters requested that reentry safety zones be clearly
identified on digital navigation or Automatic Identification System
(AIS) charts for all waterway users to have access to, to reduce the
need to input coordinates each time a notification is issued. The Coast
Guard is evaluating different options to provide mariners with an
efficient way including, plotting the temporary safety zones in the
NOAA charts and AIS broadcasts.
Two commenters inquired about how they would be notified when the
temporary safety zones are enforced. Upon notification of a reentry
vehicle's reentry, the Coast Guard would activate all five temporary
safety zones to serve as a cautionary warning that a reentry vehicle
could splashdown in one of the five temporary safety zones during the
specified time period. However, only one of the five temporary safety
zones will be enforced for the window of time of the reentry vehicle
splashdown and recovery. Once the Coast Guard receives confirmation
from NASA or SpaceX, where the reentry vehicle will splashdown, usually
within 24 hours of the reentry vehicle splashdown, the public will be
notified that only one of the five temporary safety zones will be
enforced, all other temporary safety zones will be deactivated. The
notification of enforcement that the Coast Guard publishes in the
Federal Register will set out the specific times that the one temporary
safety zone will be closed (enforced), and it will typically be no more
than six hours. This will allow the Coast Guard to ensure the activated
temporary safety zone is cleared prior to the reentry vehicle's
reentry. After the Coast Guard receives notification that the reentry
vehicle's recovery operation is complete, the temporary safety zone
enforcement will be deactivated, and mariners will be notified of the
deactivation via VHF-FM Channel 16.
The Coast Guard identified in an internal review that the
Jacksonville reentry site, as provided by NASA and SpaceX, straddles
the border of the Jacksonville COTP zone and the Savannah COTP zone.
The coordinates of the Jacksonville reentry site safety zone itself has
not changed. Moving forward, the COTP Savannah will follow the same
notification procedures as the COTP Jacksonville, and the COTP St.
Petersburg, at least as it pertains to the portion of the safety zone
that falls under the Savannah COTP zone. The only change in regulatory
text to this rule, from the proposed rule in the NPRM, is the addition
of the Captain of the Port of Savannah to the definition of Captain of
the Port.
When discussing all these issues it is important to reiterate that
all these safety zones are part of a pilot program, and this is a newly
established authority for the Coast Guard. This means, all these
processes are new, and part of a larger Coast Guard initiative to
establish how to best regulate these types of issues. With every
recovery operation, the Coast Guard seeks to further streamline the
process, and make it more efficient for the public, and those operating
reentry vehicles because at the end of the pilot program the Coast
Guard is required to brief the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate.\13\
---------------------------------------------------------------------------
\13\ Section 8343 of the Authorization Act.
---------------------------------------------------------------------------
With this TFR, the Coast Guard is ensuring that the five temporary
safety zones created by this TFR are in place for the safe reentry
vehicle splashdown and recovery of reentry vehicles launched by SpaceX
in support of NASA and privately chartered missions from January 1,
2023, through February 4, 2024.
The temporary safety zones are in the U.S. EEZ within the Coast
Guard District Seven AOR offshore of Jacksonville, Daytona, and Cape
Canaveral, FL, in the Atlantic Ocean, and Tampa and Tallahassee, FL, in
the Gulf of Mexico. The rule prohibits U.S.-
[[Page 78867]]
flagged vessels from entering any of the safety zones unless authorized
by the District Commander, a Coast COTP, or a designated
representative. Because the safety zones are within the U.S. EEZ, only
U.S.-flagged vessels will be subject to enforcement. However, all
foreign-flagged vessels are encouraged to remain outside the safety
zones.
Three of the five temporary safety zones are located off the coast
of FL and GA in the Atlantic Ocean in the following areas: (1)
Approximately 65 nautical miles (NM) northeast from Jacksonville; (2)
29 NM northeast from Daytona; and (3) 17 NM east from Port Canaveral.
The remaining two temporary safety zones are located off the coast of
FL in the Gulf of Mexico in the following areas: (1) Approximately 58
NM northwest from Tampa Bay; and (2) 43 NM south from Tallahassee. The
Jacksonville, Daytona, Cape Canaveral, and Tampa safety zones have an
approximate area of 256 square miles, and are diamond shaped with the
top point of the diamond pointing to the North. The Tallahassee safety
zone is approximately 59 square miles in size and is triangular in
shape. The Tallahassee safety zone, as provided by NASA and SpaceX, is
the same size and shape as the other four safety zones; however, only a
portion of the safety zone is within the jurisdiction of the Seventh
Coast Guard District, so only the 59 square miles is included in this
rule. The remaining portion of the safety zone falls within the Coast
Guard District Eight AOR.
The coordinates for the safety zones are based on the furthest
north, east, south, and west points of the reentry vehicles splashdown
and are determined from data and modeling by SpaceX and NASA. The
coordinates take into account the trajectories of the reentry vehicles
coming out of orbit, the potential risk to the public, and the
proximity to medical facilities that meet NASA requirements. The
specific coordinates for the five temporary safety zones are presented
in the regulatory text at the end of this document.
To the extent feasible, the District Commander, COTP,\14\ or
designated representative will inform the public of the activation of
the five temporary safety zones by Notice of Enforcement (NOE)
published in the Federal Register at least two days before the reentry
vehicle splashdown. The NOE will identify the approximate date(s)
during which a reentry vehicle splashdown and recovery operations will
occur. The District Commander, or the COTP Savannah, and COTP
Jacksonville will issue the NOEs for the safety zone located in
Jacksonville. The District Commander, or COTP Jacksonville will issue
the NOEs for the safety zone located in Daytona, and Cape Canaveral,
FL. The District Commander or COTP St. Petersburg will issue the NOEs
for the safety zones located Tampa and Tallahassee, FL.
---------------------------------------------------------------------------
\14\ The Daytona, and Cape Canaveral, FL zones in the COTP
Jacksonville AOR, along with a portion of the Jacksonville zone. The
remaining portion of the Jacksonville zone is in the COTP Savannah
AOR. The zones in the COTP St. Petersburg AOR are Tampa and
Tallahassee, FL.
---------------------------------------------------------------------------
To the extent possible, twenty-four hours before a reentry vehicle
splashdown and recovery operations, the District Commander, COTP, or
designated representative will inform the public whether one of the
five safety zones will remain activated (subject to enforcement) until
announced by BNM on VHF-FM channel 16, and/or MSIB (as appropriate)
that the safety zone is no longer subject to enforcement. The specific
temporary safety zone to be enforced will be based on varying mission
and environmental factors, including atmospheric conditions, sea state,
weather, and orbital calculations.
The MSIB will include the geographic coordinates of the activated
safety zone, a map identifying the location of the activated safety
zone, and information related to potential hazards associated with a
reentry vehicle splashdown and recovery operations associated with
space activities, including marine environmental and public health
hazards, such the release of hydrazine and other potential oil or
hazardous substances.
When the safety zone is activated, the District Commander, COTP, or
designated representative will be able to restrict U.S.-flagged vessel
movement including but not limited to transiting, anchoring, or mooring
within the safety zone to protect vessels from hazards associated with
space activities. The activated safety zone will ensure the protection
of vessels and waterway users from the potential hazards created by
reentry vehicle splashdowns and recovery operations. This includes
protection during the recovery of a reentry vehicle, and the protection
of personnel involved in reentry services and space support
vessels.\15\
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\15\ Space Support Vessel means any vessel engaged in the
support of space activities. These vessels are typically
approximately 170 feet in length, have a forward wheelhouse, and are
equipped with a helicopter pad and lifting crane.
---------------------------------------------------------------------------
After a reentry vehicle splashdown, the District Commander, COTP,
or designated representative will grant general permission to come no
closer than 3 NM within the activated safety zone from any reentry
vehicle or space support vessel engaged in the recovery operations. The
recovery operations are expected to last approximately one hour. That
should allow for sufficient time to let any potential toxic materials
clear the reentry vehicle, recovery of the reentry vehicle by the space
support vessel, and address any potential medical evacuations for any
personnel involved in reentry services that were onboard the reentry
vehicle.
Once a reentry vehicle and any personnel involved in reentry
services are removed from the water and secured onboard a space support
vessel, the District Commander, COTP, or designated representative
would issue a BNM on VHF-FM channel 16 announcing the activated safety
zone is no longer subject to enforcement. A photograph of a reentry
vehicle and space support vessel expected to use the reentry sites are
available in the docket.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. This rule has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, the NPRM
has not been reviewed by the Office of Management and Budget (OMB).
This regulatory action determination is based on the size,
location, duration, and scope of the temporary safety zones. The
temporary safety zones are limited in size and location to only those
areas where reentry vehicles splashdown and recovery operations occur.
The safety zones are limited in scope, as vessel traffic would be able
to safely transit around the activated safety zone which will only
impact a small part of the U.S. EEZ within the Atlantic Ocean and Gulf
of Mexico. This rule involves the establishment of five temporary
safety zones which will be activated two days before a reentry vehicle
splashdown and recovery operations. Twenty-four hours before a reentry
vehicle splashdown, the Coast Guard will inform the public whether any
of the five temporary safety zones will remain activated. If one of the
safety zones remains activated, the safety zone will be enforced for
[[Page 78868]]
approximately four hours prior to a reentry vehicle splashdown and
remain activated until announced by Broadcast Notice to Mariners on
VHF-FM channel 16, and/or Marine Safety Information Bulletin (as
appropriate) that the safety zone is no longer subject to enforcement.
After the reentry vehicle splashdown, general permission will be
granted to come no closer than 3 NM within the activated safety zone.
There is a danger associated with fumes from the reentry vehicle after
it has splashed down. Once a reentry vehicle and any personnel involved
in reentry services are removed from the water and secured onboard a
space support vessel, the activated safety zone will no longer be
subject to enforcement. The activated safety zone will ensure the
protection of vessels and waterway users from the potential hazards
created by a reentry vehicle splashdown and recovery operations and the
recovery of a reentry vehicle, personnel involved in reentry services,
and space support vessel.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
would not have a significant economic impact on a substantial number of
small entities.
The safety zones are only expected to last a few hours from reentry
vehicle splashdown to recovery. Vessels will be able to transit around
the activated safety zone location during these recoveries. We do not
anticipate any significant economic impact resulting from activation of
the safety zones.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity, and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
call or email the person listed in the FOR FURTHER INFORMATION CONTACT
section. The Coast Guard will not retaliate against small entities that
question or complain about this rule or any policy or action of the
Coast Guard.
C. Collection of Information
This rule would not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132
(Federalism), if it has a substantial direct effect on the States, on
the relationship between the National Government and the States, or on
the distribution of power and responsibilities among the various levels
of government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, this rule does not have tribal implications under Executive
Order 13175 (Consultation and Coordination with Indian Tribal
Governments) because it would not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this rule has implications for federalism or Indian tribes,
please call or email the person listed in the FOR FURTHER INFORMATION
CONTACT section.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule would not result
in such an expenditure, we do discuss the potential effects of this
rule elsewhere in this preamble.
F. Environment
We have analyzed this rule under Department of Homeland Security
Directive 023-01, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast
Guard in complying with the National Environmental Policy Act of 1969
(42 U.S.C. 4321-4370f), and have made a preliminary determination that
this action is one of a category of actions that do not individually or
cumulatively have a significant effect on the human environment. This
rule involves the establishment of five temporary safety zones which
would be activated two days before a reentry vehicle splashdown and
recovery operations. Twenty-four hours before a reentry vehicle
splashdown, one of the five temporary safety zones would remain
activated. If one of the safety zones remains activated, the safety
zone will be enforced for approximately four hours prior to a reentry
vehicle splashdown and remain activated until announced by BNM on VHF-
FM channel 16, and/or MSIB (as appropriate) that the safety zone is no
longer subject to enforcement. After a reentry vehicle splashdown,
general permission would be granted to come no closer than 3 NM within
the activated safety zone. Once a reentry vehicle and any personnel
involved in reentry services are removed from the water and secured
onboard a space support vessel, the activated safety zone would no
longer be subject to enforcement. Normally such actions are
categorically excluded from further review under paragraph L60(a) of
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1. A
Record of Environmental Consideration supporting this determination is
available in the docket. For instructions on locating the docket, see
the ADDRESSES section of this preamble.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section to coordinate protest activities so
that your message can be received without jeopardizing the safety or
security of people, places, or vessels.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard amend 33
CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
[[Page 78869]]
Authority: 46 U.S.C. 70034, 70051, 70124; 33 CFR 1.05-1, 6.04-1,
6.04-6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.3.
0
2. Add Sec. 165.T07-0806 to read as follows:
Sec. 165.T07-0806 Safety Zones in Reentry Sites; Jacksonville,
Daytona, Cape Canaveral, Tampa, and Tallahassee, Florida.
(a) Location. The coordinates used in this paragraph are based on
the World Geodetic System (WGS) 1984. The following areas are safety
zones:
(1) Jacksonville site. All waters from surface to bottom
encompassed within a line connecting the following points: Point 1,
thence to Point 2, thence to Point 3, thence to Point 4, and then back
to Point 1.
Table 1 to Paragraph (a)(1)
------------------------------------------------------------------------
------------------------------------------------------------------------
Point 1......................... 31[deg]06'28'' N.. 080[deg]15'00'' W
Point 2......................... 30[deg]55'01'' N.. 080[deg]01'40'' W
Point 3......................... 30[deg]43'30'' N.. 080[deg]15'00'' W
Point 4......................... 30[deg]55'01'' N.. 080[deg]28'19'' W
------------------------------------------------------------------------
(2) Daytona site. All waters from surface to bottom encompassed
within a line connecting the following points: Point 1, thence to Point
2, thence to Point 3, thence to Point 4, and then back to Point 1.
Table 2 to Paragraph (a)(2)
------------------------------------------------------------------------
------------------------------------------------------------------------
Point 1......................... 29[deg]59'27'' N.. 080[deg]40'01'' W
Point 2......................... 29[deg]48'00'' N.. 080[deg]26'52'' W
Point 3......................... 29[deg]36'32'' N.. 080[deg]40'01'' W
Point 4......................... 29[deg]48'00'' N.. 080[deg]53'09'' W
------------------------------------------------------------------------
(3) Cape Canaveral site. All waters from surface to bottom
encompassed within a line connecting the following points: Point 1,
thence to Point 2, thence to Point 3, thence to Point 4, and then back
to Point 1.
Table 3 to Paragraph (a)(3)
------------------------------------------------------------------------
------------------------------------------------------------------------
Point 1......................... 29[deg]02'27'' N.. 080[deg]13'48'' W
Point 2......................... 28[deg]51'00'' N.. 080[deg]00'46'' W
Point 3......................... 28[deg]39'32'' N.. 080[deg]13'48'' W
Point 4......................... 28[deg]51'00'' N.. 080[deg]26'49'' W
------------------------------------------------------------------------
(4) Tampa site. All waters from surface to bottom encompassed
within a line connecting the following points: Point 1, thence to Point
2, thence to Point 3, thence to Point 4, and then back to Point 1.
Table 4 to Paragraph (a)(4)
------------------------------------------------------------------------
------------------------------------------------------------------------
Point 1......................... 28[deg]17'27'' N.. 083[deg]54'00'' W
Point 2......................... 28[deg]06'00'' N.. 083[deg]41'02'' W
Point 3......................... 27[deg]54'32'' N.. 083[deg]54'00'' W
Point 4......................... 28[deg]06'00'' N.. 084[deg]06'57'' W
------------------------------------------------------------------------
(5) Tallahassee site. All waters from surface to bottom encompassed
within a line connecting the following points: Point 1, thence to Point
2, thence to Point 3, and then back to Point 1.
Table 5 to Paragraph (a)(5)
------------------------------------------------------------------------
------------------------------------------------------------------------
Point 1......................... 29[deg]22'38'' N.. 084[deg]05'20'' W
Point 2......................... 29[deg]16'58'' N.. 083[deg]58'55'' W
Point 3......................... 29[deg]06'20'' N.. 084[deg]11'12'' W
------------------------------------------------------------------------
(b) Definitions. As used in this section--
District Commander means Commander of the Seventh Coast Guard
District.
Captain of the Port means the Captain of the Port of Jacksonville,
the Captain of the Port of Savannah, or the Captain of the Port of St.
Petersburg.
Designated representative means a Coast Guard Patrol Commander,
including a Coast Guard coxswain, petty officer, or other officer
operating a Coast Guard vessel; Coast Guard Representatives in the
Merrill Operations Center; and other officers designated by the
District Commander of the Seventh Coast Guard District or cognizant
COTP.
Reentry Services means activities involved in the preparation of a
reentry vehicle and payload, crew (including crew training), government
astronaut, or space flight participant, if any, for reentry; and the
conduct of a reentry.
Reentry vehicle means a vehicle designed to return from Earth orbit
or outer space to Earth, or a reusable launch vehicle designed to
return from Earth orbit or outer space to Earth, substantially intact.
Space Support Vessel means any vessel engaged in the support of
space activities. These vessels are typically approximately 170 feet in
length, have a forward wheelhouse, and are equipped with a helicopter
pad and lifting crane.
Splashdown means the landing of a reentry vehicle into a body of
water.
(c) Regulations. (1) Because the safety zones described in
paragraph (a) of this section are within the U.S. Exclusive Economic
Zone, only U.S.-flagged vessels are subject to enforcement. All
foreign-flagged vessels are encouraged to remain outside the safety
zones.
(2) In accordance with the general regulations in 33 CFR part 165,
subpart C, no U.S.-flagged vessel may enter the safety zones described
in paragraph (a) of this section unless authorized by the District
Commander, COTP, or designated representative, except as provided in
paragraph (d)(3) of this section.
(d) Notification of enforcement. (1) To the extent feasible, the
District Commander, COTP, or designated representative will inform the
public of the activation of the five safety zones described in
paragraph (a) of this section by Notice of Enforcement published in the
Federal Register at least two days before the splashdown.
(2) To the extent possible, twenty-four hours before a reentry
vehicle splashdown, the District Commander, COTP, or designated
representative will inform the public if one of the five safety zones
described in paragraph (a) will remain activated until announced by
Broadcast Notice to Mariners on VHF-FM channel 16, and/or Marine Safety
Information Bulletin (as appropriate) that the safety zone is no longer
subject to enforcement.
(3) After a reentry vehicle splashdown, the District Commander,
COTP, or designated representative will grant general permission to
come no closer than 3 nautical miles of any reentry vehicle or space
support vessel engaged in the recovery operations, within the activated
safety zone described in paragraph (a) of this section.
(4) Once a reentry vehicle, and any personnel involved in reentry
service, are removed from the water and secured onboard a space support
vessel, the District Commander, COTP, or designated representative will
issue a Broadcast Notice to Mariners on VHF-FM channel 16 announcing
the activated safety zone is no longer subject to enforcement.
(e) Effective period. This section is effective from January 1,
2023, through February 4, 2024.
Dated: December 16, 2022.
Brendan C. McPherson,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard
District.
[FR Doc. 2022-27730 Filed 12-22-22; 8:45 am]
BILLING CODE 9110-04-P
