Safety Zones; Pensacola, Panama City, and Tallahassee, Florida, 1141-1145 [2023-00187]
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Federal Register / Vol. 88, No. 5 / Monday, January 9, 2023 / Rules and Regulations
(b) The Attorney General may bring a
civil action in any appropriate United
States district court against any
individual who negligently violates the
provisions of § 2634.408(d)(1) or (e)(1).
The court in which the action is brought
may assess against the individual a civil
monetary penalty in any amount, not to
exceed the amounts set forth in Table 2
to this section, as provided by section
1141
102(f)(6)(C)(ii) of the Act and as
adjusted in accordance with the
inflation adjustment procedures of the
Federal Civil Penalties Inflation
Adjustment Act of 1990, as amended.
TABLE 2 TO § 2634.702
Date of violation
Penalty
Violation occurring between Sept. 29, 1999 and Nov. 2, 2015 ..................................................................................................................
Violation occurring after Nov. 2, 2015 .........................................................................................................................................................
4. Section 2634.703 is revised to read
as follows:
■
§ 2634.703
Misuse of public reports.
(a) The Attorney General may bring a
civil action against any person who
obtains or uses a report filed under this
part for any purpose prohibited by
section 105(c)(1) of the Act, as
incorporated in § 2634.603(f). The court
in which the action is brought may
assess against the person a civil
monetary penalty in any amount, not to
exceed the amounts set forth in Table 1
$5,500
11,864
to this section, as provided by section
105(c)(2) of the Act and as adjusted in
accordance with the inflation
adjustment procedures prescribed in the
Federal Civil Penalties Inflation
Adjustment Act of 1990, as amended.
TABLE 1 TO § 2634.703
Date of violation
Penalty
Violation occurring between Sept. 29, 1999 and Nov. 2, 2015 ..................................................................................................................
Violation occurring after Nov. 2, 2015 .........................................................................................................................................................
(b) This remedy shall be in addition
to any other remedy available under
statutory or common law.
PART 2636—LIMITATIONS ON
OUTSIDE EARNED INCOME,
EMPLOYMENT AND AFFILIATIONS
FOR CERTAIN NONCAREER
EMPLOYEES
amended by sec. 31001, Pub. L. 104–134, 110
Stat. 1321, and sec. 701, Pub. L. 114–74; E.O.
12674, 54 FR 15159, 3 CFR, 1989 Comp., p.
215, as modified by E.O. 12731, 55 FR 42547,
3 CFR, 1990 Comp., p. 306.
6. Section 2636.104 is amended by
revising paragraph (a) to read as follows:
■
§ 2636.104
action.
5. The authority citation for part 2636
is revised to read as follows:
■
Authority: 5 U.S.C. ch. 131; Pub. L. 101–
410, 104 Stat. 890 (28 U.S.C. 2461 note), as
Civil, disciplinary and other
(a) Civil action. Except when the
employee engages in conduct in good
faith reliance upon an advisory opinion
issued under § 2636.103, an employee
who engages in any conduct in violation
$11,000
23,727
of the prohibitions, limitations, and
restrictions contained in this part may
be subject to civil action under section
504(a) of the Ethics in Government Act,
as amended, and a civil monetary
penalty of not more than the amounts
set in Table 1 to this section, as adjusted
in accordance with the inflation
adjustment procedures prescribed in the
Federal Civil Penalties Inflation
Adjustment Act of 1990, as amended, or
the amount of the compensation the
individual received for the prohibited
conduct, whichever is greater.
TABLE 1 TO § 2636.104
Date of violation
Penalty
Violation occurring between Sept. 29, 1999 and Nov. 2, 2015 ..................................................................................................................
Violation occurring after Nov. 2, 2015 .........................................................................................................................................................
*
*
*
*
*
[FR Doc. 2023–00167 Filed 1–6–23; 8:45 am]
DEPARTMENT OF HOMELAND
SECURITY
BILLING CODE 6345–03–P
Coast Guard
33 CFR Part 165
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[Docket Number USCG–2022–1000]
RIN 1625–AA00
Safety Zones; Pensacola, Panama City,
and Tallahassee, Florida
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
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$11,000
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This temporary final 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 establishing three
temporary safety zones for the safe
splashdown and recovery of reentry
vehicles launched by Space Exploration
Technologies Corporation (SpaceX) in
support of the National Aeronautics and
Space Administration (NASA) from
January 9, 2023 until January 30, 2023.
These three temporary safety zones are
located within the Captain of the Port
Sector Mobile area of responsibility
SUMMARY:
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Federal Register / Vol. 88, No. 5 / Monday, January 9, 2023 / Rules and Regulations
offshore of Pensacola, Panama City, and
Tallahassee, Florida. This rule would
prohibit U.S. flagged vessels from
entering any of the temporary safety
zones unless authorized by the Captain
of the Port Sector Mobile 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.
DATES: This rule is effective from
January 9, 2023 through January 30,
2023.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2022–
1000 in the search box and click
‘‘Search.’’ Next, in the Document Type
column, select ‘‘Supporting & Related
Material.’’
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email Lieutenant Andrew Anderson,
Sector Mobile Chief of Waterways
(spw), U.S. Coast Guard; telephone (251)
441–5768, email Andrew.S.Anderson@
uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
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CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
EEZ Exclusive Economic Zone
FR Federal Register
NASA National Aeronautics and Space
Administration
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
Space X Space Exploration Technologies
Corporation
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
activities in the U.S. Exclusive
Economic Zone (EEZ).1 These special
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.
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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. In accordance with 51 U.S.C.
Section 50902, ‘‘reentry vehicle’’ is
defined as a vehicle designed to return
from Earth orbit or outer space to Earth,
or a reusable launch vehicle designed to
return from Earth orbit or outer space to
Earth, substantially intact. SpaceX, a
U.S. company, has identified three
reentry sites 4 within the U.S. EEZ of the
Captain of the Port Sector Mobile area
of responsibility (AOR) expected to be
used for the splashdown 5 and recovery
of reentry vehicles. All of these sites are
located in the Gulf of Mexico off the
Coast of Florida (FL).
On May 4, 2022, we published a
temporary final rule in the Federal
Register (87 FR 26273) for two
anticipated reentry vehicle recovery
missions within the Coast Guard District
Eight AOR offshore of Panama City,
Pensacola, and Tallahassee, FL from
April 17, 2022 through May 15, 2022.
Based on the date the Coast Guard was
informed of the reentry, and the
immediate need to establish the safety
zone, the Coast Guard did not have
sufficient time to publish a notice of
proposed rulemaking (NPRM) for that
rule. The Coast Guard additionally
published recovery mission temporary
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 Splashdown refers to the landing of a reentry
vehicle into a body of water.
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final rules for the periods from August
22, 2022 through September 30, 2022
(87 FR 51253) and October 12, 2022
through November 10, 2022 (87 FR
61508).
Elsewhere in this issue of the Federal
Register we have published a notice of
proposed rulemaking (NPRM) under
docket COTP USCG–2022–0995, Safety
Zones in Reentry Sites; Panama City,
Pensacola, and Tallahassee, Florida, in
which we will propose to establish
these safety zones through the end of
the pilot period in 2024.
The purpose of this rule 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 rule under authority of section 8343
of the Authorization Act.
The Coast Guard is issuing this
temporary rule without prior notice and
opportunity to comment pursuant to
authority under section 4(a) of the
Administrative Procedure Act (APA) (5
U.S.C. 553(b)). This provision
authorizes an agency to issue a rule
without prior notice and opportunity to
comment when the agency for good
cause finds that those procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ Under 5 U.S.C.
553(b)(B), the Coast Guard finds that
good cause exists for not publishing an
NPRM with respect to this rule because
it is impracticable and contrary to the
public interest. The National
Aeronautics and Space Administration
(NASA) Crew-4 capsule recovery
mission was approved and scheduled
less than 30 days before the need for the
three safety zones to be in place starting
on January 9, 2023. Publishing an
NPRM would be impracticable and
contrary to the public interest since the
missions would begin before completion
of the rulemaking process, thereby
inhibiting the Coast Guard’s ability to
protect against the hazards associated
with the recovery missions.
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. Delaying the effective date of
this rule would be impracticable and
contrary to the public interest because
the temporary safety zones must be
established by January 9, 2023, to
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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Federal Register / Vol. 88, No. 5 / Monday, January 9, 2023 / Rules and Regulations
mitigate safety concerns during the
capsule recovery missions.
III. Discussion of Proposed Rule
The Coast Guard is establishing three
temporary safety zones in the U.S. EEZ
for the safe reentry vehicle splashdown
and recovery of reentry vehicles
launched by SpaceX in support of
NASA missions between January 9,
2023 and January 30, 2023.
The temporary safety zones are
located within the Captain of the Port
Sector Mobile AOR offshore of Panama
City, Pensacola, and Tallahassee, FL in
the Gulf of Mexico. The temporary final
rule prohibits U.S.-flagged vessels from
entering any of the safety zones unless
authorized by the Captain of the Port
Sector Mobile or a designated
representative. Because the safety zones
are within the U.S. EEZ, only U.S.flagged vessels would be subject to
enforcement. However, all foreignflagged vessels are encouraged to remain
outside the safety zones.
The three temporary safety zones are
located off the coast of FL in the Gulf
of Mexico in the following areas:
(1) Pensacola site: All waters from
surface to bottom encompassed within
the following coordinates connecting a
line from Point 1, thence to Point 2,
thence to Point 3, and thence to point
4, connecting back to Point 1:
Point
Point
Point
Point
1
2
3
4
....
....
....
....
29°53′02″
29°53′02″
29°42′58″
29°42′58″
N
N
N
N
¥087°35′46″
¥087°24′14″
¥087°24′14″
¥087°35′46″
W
W
W
W
(2) Panama City site: All waters from
surface to bottom encompassed within
the following coordinates connecting a
line from Point 1, thence to Point 2,
thence to Point 3, and thence to point
4, connecting back to Point 1:
Point
Point
Point
Point
1
2
3
4
....
....
....
....
29°47′46″
29°47′46″
29°37′48″
29°37′48″
N
N
N
N
¥086°16′44″
¥086°05′20″
¥086°05′20″
¥086°16′44″
W
W
W
W
(3) Tallahassee site: All waters from
surface to bottom encompassed within
the following coordinates connecting a
line from Point 1, thence to Point 2,
thence to Point 3, and thence to point
4, connecting back to Point 1:
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Point
Point
Point
Point
1
2
3
4
....
....
....
....
29°21′47″
29°21′47″
29°11′46″
29°11′46″
N
N
N
N
¥084°17′46″
¥084°06′18″
¥084°06′18″
¥084°17′46″
W
W
W
W
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
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reentry vehicles coming out of orbit, the
potential risk to the public, and the
proximity to medical facilities that meet
NASA requirements. The specific
coordinates for the three temporary
safety zones are presented in the
regulatory text at the end of this
document.
To the extent feasible, the Captain of
the Port Sector Mobile or a designated
representative will inform the public of
the activation of the three temporary
safety zones by Broadcast Notice to
Mariners (BNM) on VHF–FM channel
16 and/or Marine Safety Information
Bulletin (MSIB) (as appropriate) at least
two days before the reentry vehicle
splashdown. These broadcasts will
identify the approximate date(s) during
which a reentry vehicle splashdown and
recovery operations would occur.
To the extent possible, twenty-four
hours before a reentry vehicle
splashdown and recovery operations,
the Captain of the Port Sector Mobile or
designated representative will inform
the public that only one of the three
safety zones would 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
Captain of the Port Sector Mobile or a
designated representative will be able to
restrict U.S.-flagged vessel movement
including but not limited to transiting,
anchoring, or mooring within the safety
zone to protect vessels from hazards
associated with space activities. The
activated safety zone will ensure the
protection of vessels and waterway
users from the potential hazards created
by reentry vehicle splashdowns and
recovery operations. This includes
protection during the recovery of a
reentry vehicle, and the protection of
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1143
personnel involved in reentry services
and space support vessels.7
After a reentry vehicle splashdown,
the Captain of the Port Sector Mobile or
a designated representative will grant
general permission to come no closer
than three nautical miles 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
Captain of the Port Sector Mobile 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 rule after
considering numerous statutes and
Executive orders related to rulemaking.
Below we summarize our analyses
based on a number of these statutes and
Executive orders, and we discuss First
Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563
direct agencies to assess the costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits.
This rule has not been designated a
‘‘significant regulatory action’’ under
Executive Order 12866. Accordingly,
this rule has not been reviewed by the
Office of Management and Budget
(OMB).
This regulatory action determination
is based on the size, location, duration,
and scope of the safety zones. The safety
zones are limited in size and location to
only those areas where capsule re-entry
is reasonably occurs. The safety zones
are limited in scope, as vessel traffic
will be able to safely transit around the
safety zones which will impact a small
7 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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part of the United States exclusive
economic zone (EEZ) within the Gulf of
Mexico.
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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 rule will not have a
significant economic impact on a
substantial number of small entities.
The safety zone activation and thus
restriction to the public is expected to
be approximately two hours per capsule
recovery, and we anticipate one splash
down during the effective period of this
rule. Vessels would be able to transit
around the activated safety zone
location during this recovery. We do not
anticipate any significant economic
impact resulting from activation of the
safety zones.
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (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.
Small businesses may send comments
on the actions of Federal employees
who enforce, or otherwise determine
compliance with, Federal regulations to
the Small Business and Agriculture
Regulatory Enforcement Ombudsman
and the Regional Small Business
Regulatory Fairness Boards. The
Ombudsman evaluates these actions
annually and rates each agency’s
responsiveness to small business. If you
wish to comment on actions by
employees of the Coast Guard, call 1–
888–REG–FAIR (1–888–734–3247). The
Coast Guard will not retaliate against
small entities that question or complain
about this rule or any policy or action
of the Coast Guard.
C. Collection of Information
This rule will not call for a new
collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520).
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D. Federalism and Indian Tribal
Governments
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on the States, on the relationship
between the National Government and
the States, or on the distribution of
power and responsibilities among the
various levels of government. We have
analyzed this rule under that Order and
have determined that it is consistent
with the fundamental federalism
principles and preemption requirements
described in Executive Order 13132.
Also, this rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it does not have a substantial
direct effect on one or more Indian
tribes, on the relationship between the
Federal Government and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this rule
will not result in such an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
F. Environment
We have analyzed this rule under
Department of Homeland Security
Directive 023–01, Rev. 1, associated
implementing instructions, and
Environmental Planning COMDTINST
5090.1 (series), which guide the Coast
Guard in complying with the National
Environmental Policy Act of 1969 (42
U.S.C. 4321–4370f), and have
determined that this action is one of a
category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule involves the
establishing of three temporary safety
zones, one of which may be activated on
one occasion for approximately two
hours between October 12, 2022 and
November 10, 2022 for a SpaceX and
NASA mission. It is categorically
excluded from further review under
paragraph L60(a) of Appendix A, Table
1 of DHS Instruction Manual 023–01–
001–01, Rev. 1. A Record of
Environmental Consideration
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supporting this determination is
available in the docket. For instructions
on locating the docket, see the
ADDRESSES section of this preamble.
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to call or email the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places or vessels.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues 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.T08–1000 to read as
follows:
■
§ 165.T08–1000 Safety Zones; Pensacola,
Panama City, and Tallahassee, Florida.
(a) Location. The coordinates used in
this paragraph are based on the World
Geodetic System (WGS) 1984. The
following areas are safety zones:
(1) Pensacola Site. All waters from
surface to bottom encompassed within
the following coordinates connecting a
line from Point 1, thence to Point 2,
thence to Point 3, and thence to point
4, connecting back to Point 1:
Point
Point
Point
Point
1
2
3
4
....
....
....
....
29°53′02″
29°53′02″
29°42′58″
29°42′58″
N
N
N
N
¥087°35′46″
¥087°24′14″
¥087°24′14″
¥087°35′46″
W
W
W
W
(2) Panama City Site. All waters from
surface to bottom encompassed within
the following coordinates connecting a
line from Point 1, thence to Point 2,
thence to Point 3, and thence to point
4, connecting back to Point 1:
Point
Point
Point
Point
1
2
3
4
....
....
....
....
29°47′46″
29°47′46″
29°37′48″
29°37′48″
N
N
N
N
¥086°16′44″
¥086°05′20″
¥086°05′20″
¥086°16′44″
W
W
W
W
(3) Tallahassee Site. All waters from
surface to bottom encompassed within
the following coordinates connecting a
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line from Point 1, thence to Point 2,
thence to Point 3, and thence to point
4, connecting back to Point 1:
lotter on DSK11XQN23PROD with RULES1
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(b) Definitions. As used in this
section—
Designated representative means a
Coast Guard Captain of the Port Sector
Mobile; Coast Guard Patrol
Commanders including Coast Guard
coxswains, petty officers and other
officers operating a Coast Guard vessel;
Coast Guard Representatives in the
Merrill Operations Center; and other
officers designated by the Captain of the
Port Sector Mobile or assisting the
Captain of the Port Sector Mobile in the
enforcement of the safety zones.
Reentry Services means 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
Captain of the Port Sector Mobile or a
designated representative, except as
provided in paragraph (d)(3) of this
section.
(d) Enforcement periods. (1) To the
extent possible, at least two days before
a reentry vehicle splashdown, the
Captain of the Port Sector Mobile or
designated representative will inform
the public of the activation of the three
safety zones described in paragraph (a)
of this section by Broadcast Notice to
Mariners on VHF–FM channel 16, and/
or Marine Safety Information Bulletin
VerDate Sep<11>2014
17:08 Jan 06, 2023
Jkt 259001
(as appropriate) for at least two days
before the splashdown.
(2) To the extent possible, twenty-four
hours before a reentry vehicle
splashdown, the Captain of the Port
Sector Mobile or designated
representative will inform the public
that only one of the three safety zones
described in paragraph (a) 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 Captain of the Port
Sector Mobile or a designated
representative will grant general
permission to come no closer than three
nautical miles of any reentry vehicle or
space support vessel engaged in the
recovery operations, within the
activated safety zone described in
paragraph (a) of this section.
(4) Once a reentry vehicle, and any
personnel involved in reentry service,
are removed from the water and secured
onboard a space support vessel, the
Captain of the Port Sector Mobile or
designated representative will issue a
Broadcast Notice to Mariners on VHF–
FM channel 16 announcing the
activated safety zone is no longer
subject to enforcement.
(e) Effective period. This rule is
subject to enforcement from January 9,
2023 until January 30, 2023.
Dated: December 30, 2022.
Ulysses S. Mullins, Captain,
Commander, Coast Guard Sector Mobile,
Captain of the Port Mobile.
[FR Doc. 2023–00187 Filed 1–6–23; 8:45 am]
BILLING CODE P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2022–0988]
RIN 1625–AA00
Safety Zone, Port Arthur Canal, Sabine,
Pass, TX
Coast Guard, Department of
Homeland Security (DHS).
ACTION: Temporary interim rule and
request for comments.
AGENCY:
The Coast Guard is
establishing a temporary safety zone for
waters of Port Arthur Canal adjacent to
Golden Pass Liquiefied Natural Gas
(LNG) Facility in Sabine Pass, TX. This
SUMMARY:
PO 00000
Frm 00013
Fmt 4700
Sfmt 4700
1145
safety zone would be temporarily
activated when high pressure testing of
piping systems is occurring. This safety
zone is necessary to protect persons and
vessels from potential blast and
fragmentation hazards associated with
high pressure piping testing.
DATES: This temporary interim rule is
effective from January 20, 2023, until
December 31, 2024. Comments and
related material must be received by the
Coast Guard on or before April 10, 2023.
ADDRESSES: You may submit comments
identified by docket number USCG–
2022–0988 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
below for instructions on submitting
comments.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email Mr. Scott Whalen, Marine Safety
Unit Port Arthur, TX, U.S. Coast Guard;
telephone 409–719–5086, email
scott.k.whalen@uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port, Marine Safety
Unit Port Arthur
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
OMB Office of Management and Budget
§ Section
U.S.C. United States Code
II. Basis and Purpose, and Regulatory
History
On December 8, 2022, the Coast
Guard was provided information
regarding high pressure testing of piping
systems at Golden Pass LNG in Sabine
Pass, TX, that will occur between
January 2023 and December 2024. A
minimum of 15 test events will occur
over the course of 2 years. Engineers
have calculated the size of the exclusion
zones necessary to ensure the safety of
personnel. These exclusion zones reach
navigable waters of the U.S. The Coast
Guard has determined that these
exclusion zones are areas where a safety
zone is appropriate to prevent persons
and vessels from entering during
potentially hazardous high pressure
testing. The Coast Guard is issuing this
temporary interim rule without prior
notice and opportunity to comment
pursuant to authority under section 4(a)
of the Administrative Procedures Act
(APA) (5 U.S.C. 553(b)). This provision
authorizes an agency to issue a rule
without prior notice and opportunity to
comment when the agency, for good
E:\FR\FM\09JAR1.SGM
09JAR1
]]>Agencies
[Federal Register Volume 88, Number 5 (Monday, January 9, 2023)]
[Rules and Regulations]
[Pages 1141-1145]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-00187]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2022-1000]
RIN 1625-AA00
Safety Zones; Pensacola, Panama City, and Tallahassee, Florida
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: This temporary final 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 establishing
three temporary safety zones for the safe splashdown and recovery of
reentry vehicles launched by Space Exploration Technologies Corporation
(SpaceX) in support of the National Aeronautics and Space
Administration (NASA) from January 9, 2023 until January 30, 2023.
These three temporary safety zones are located within the Captain of
the Port Sector Mobile area of responsibility
[[Page 1142]]
offshore of Pensacola, Panama City, and Tallahassee, Florida. This rule
would prohibit U.S. flagged vessels from entering any of the temporary
safety zones unless authorized by the Captain of the Port Sector Mobile
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.
DATES: This rule is effective from January 9, 2023 through January 30,
2023.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2022-1000 in the search box and click ``Search.'' Next, in the Document
Type column, select ``Supporting & Related Material.''
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Lieutenant Andrew Anderson, Sector Mobile Chief of
Waterways (spw), U.S. Coast Guard; telephone (251) 441-5768, email
[email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
EEZ Exclusive Economic Zone
FR Federal Register
NASA National Aeronautics and Space Administration
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
Space X Space Exploration Technologies Corporation
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
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. In accordance
with 51 U.S.C. Section 50902, ``reentry vehicle'' is defined as a
vehicle designed to return from Earth orbit or outer space to Earth, or
a reusable launch vehicle designed to return from Earth orbit or outer
space to Earth, substantially intact. SpaceX, a U.S. company, has
identified three reentry sites \4\ within the U.S. EEZ of the Captain
of the Port Sector Mobile area of responsibility (AOR) expected to be
used for the splashdown \5\ and recovery of reentry vehicles. All of
these sites are located in the Gulf of Mexico off the Coast of Florida
(FL).
---------------------------------------------------------------------------
\4\ Reentry site means the location on Earth to which a reentry
vehicle is intended to return (as defined in a license the FAA
Administrator issues or transfers under this chapter).
\5\ Splashdown refers to the landing of a reentry vehicle into a
body of water.
---------------------------------------------------------------------------
On May 4, 2022, we published a temporary final rule in the Federal
Register (87 FR 26273) for two anticipated reentry vehicle recovery
missions within the Coast Guard District Eight AOR offshore of Panama
City, Pensacola, and Tallahassee, FL from April 17, 2022 through May
15, 2022. Based on the date the Coast Guard was informed of the
reentry, and the immediate need to establish the safety zone, the Coast
Guard did not have sufficient time to publish a notice of proposed
rulemaking (NPRM) for that rule. The Coast Guard additionally published
recovery mission temporary final rules for the periods from August 22,
2022 through September 30, 2022 (87 FR 51253) and October 12, 2022
through November 10, 2022 (87 FR 61508).
Elsewhere in this issue of the Federal Register we have published a
notice of proposed rulemaking (NPRM) under docket COTP USCG-2022-0995,
Safety Zones in Reentry Sites; Panama City, Pensacola, and Tallahassee,
Florida, in which we will propose to establish these safety zones
through the end of the pilot period in 2024.
The purpose of this rule 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 rule 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.
---------------------------------------------------------------------------
The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing an NPRM with respect to this rule
because it is impracticable and contrary to the public interest. The
National Aeronautics and Space Administration (NASA) Crew-4 capsule
recovery mission was approved and scheduled less than 30 days before
the need for the three safety zones to be in place starting on January
9, 2023. Publishing an NPRM would be impracticable and contrary to the
public interest since the missions would begin before completion of the
rulemaking process, thereby inhibiting the Coast Guard's ability to
protect against the hazards associated with the recovery missions.
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. Delaying the effective date of
this rule would be impracticable and contrary to the public interest
because the temporary safety zones must be established by January 9,
2023, to
[[Page 1143]]
mitigate safety concerns during the capsule recovery missions.
III. Discussion of Proposed Rule
The Coast Guard is establishing three temporary safety zones in the
U.S. EEZ for the safe reentry vehicle splashdown and recovery of
reentry vehicles launched by SpaceX in support of NASA missions between
January 9, 2023 and January 30, 2023.
The temporary safety zones are located within the Captain of the
Port Sector Mobile AOR offshore of Panama City, Pensacola, and
Tallahassee, FL in the Gulf of Mexico. The temporary final rule
prohibits U.S.-flagged vessels from entering any of the safety zones
unless authorized by the Captain of the Port Sector Mobile or a
designated representative. Because the safety zones are within the U.S.
EEZ, only U.S.-flagged vessels would be subject to enforcement.
However, all foreign-flagged vessels are encouraged to remain outside
the safety zones.
The three temporary safety zones are located off the coast of FL in
the Gulf of Mexico in the following areas:
(1) Pensacola site: All waters from surface to bottom encompassed
within the following coordinates connecting a line from Point 1, thence
to Point 2, thence to Point 3, and thence to point 4, connecting back
to Point 1:
------------------------------------------------------------------------
------------------------------------------------------------------------
Point 1........... 29[deg]53'02'' N -087[deg]35'46'' W
Point 2........... 29[deg]53'02'' N -087[deg]24'14'' W
Point 3........... 29[deg]42'58'' N -087[deg]24'14'' W
Point 4........... 29[deg]42'58'' N -087[deg]35'46'' W
------------------------------------------------------------------------
(2) Panama City site: All waters from surface to bottom encompassed
within the following coordinates connecting a line from Point 1, thence
to Point 2, thence to Point 3, and thence to point 4, connecting back
to Point 1:
------------------------------------------------------------------------
------------------------------------------------------------------------
Point 1........... 29[deg]47'46'' N -086[deg]16'44'' W
Point 2........... 29[deg]47'46'' N -086[deg]05'20'' W
Point 3........... 29[deg]37'48'' N -086[deg]05'20'' W
Point 4........... 29[deg]37'48'' N -086[deg]16'44'' W
------------------------------------------------------------------------
(3) Tallahassee site: All waters from surface to bottom encompassed
within the following coordinates connecting a line from Point 1, thence
to Point 2, thence to Point 3, and thence to point 4, connecting back
to Point 1:
------------------------------------------------------------------------
------------------------------------------------------------------------
Point 1........... 29[deg]21'47'' N -084[deg]17'46'' W
Point 2........... 29[deg]21'47'' N -084[deg]06'18'' W
Point 3........... 29[deg]11'46'' N -084[deg]06'18'' W
Point 4........... 29[deg]11'46'' N -084[deg]17'46'' W
------------------------------------------------------------------------
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 three temporary safety zones are presented
in the regulatory text at the end of this document.
To the extent feasible, the Captain of the Port Sector Mobile or a
designated representative will inform the public of the activation of
the three temporary safety zones by Broadcast Notice to Mariners (BNM)
on VHF-FM channel 16 and/or Marine Safety Information Bulletin (MSIB)
(as appropriate) at least two days before the reentry vehicle
splashdown. These broadcasts will identify the approximate date(s)
during which a reentry vehicle splashdown and recovery operations would
occur.
To the extent possible, twenty-four hours before a reentry vehicle
splashdown and recovery operations, the Captain of the Port Sector
Mobile or designated representative will inform the public that only
one of the three safety zones would 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 Captain of the Port Sector
Mobile or a designated representative will be able to restrict U.S.-
flagged vessel movement including but not limited to transiting,
anchoring, or mooring within the safety zone to protect vessels from
hazards associated with space activities. The activated safety zone
will ensure the protection of vessels and waterway users from the
potential hazards created by reentry vehicle splashdowns and recovery
operations. This includes protection during the recovery of a reentry
vehicle, and the protection of personnel involved in reentry services
and space support vessels.\7\
---------------------------------------------------------------------------
\7\ 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 Captain of the Port Sector
Mobile or a designated representative will grant general permission to
come no closer than three nautical miles 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 Captain of the Port Sector Mobile 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 rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. This rule has not been designated a ``significant
regulatory action'' under Executive Order 12866. Accordingly, this rule
has not been reviewed by the Office of Management and Budget (OMB).
This regulatory action determination is based on the size,
location, duration, and scope of the safety zones. The safety zones are
limited in size and location to only those areas where capsule re-entry
is reasonably occurs. The safety zones are limited in scope, as vessel
traffic will be able to safely transit around the safety zones which
will impact a small
[[Page 1144]]
part of the United States exclusive economic zone (EEZ) within the Gulf
of Mexico.
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
will not have a significant economic impact on a substantial number of
small entities.
The safety zone activation and thus restriction to the public is
expected to be approximately two hours per capsule recovery, and we
anticipate one splash down during the effective period of this rule.
Vessels would be able to transit around the activated safety zone
location during this recovery. We do not anticipate any significant
economic impact resulting from activation of the safety zones.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (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.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
C. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the National Government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
F. Environment
We have analyzed this rule under Department of Homeland Security
Directive 023-01, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast
Guard in complying with the National Environmental Policy Act of 1969
(42 U.S.C. 4321-4370f), and have determined that this action is one of
a category of actions that do not individually or cumulatively have a
significant effect on the human environment. This rule involves the
establishing of three temporary safety zones, one of which may be
activated on one occasion for approximately two hours between October
12, 2022 and November 10, 2022 for a SpaceX and NASA mission. It is
categorically excluded from further review under paragraph L60(a) of
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1. A
Record of Environmental Consideration supporting this determination is
available in the docket. For instructions on locating the docket, see
the ADDRESSES section of this preamble.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section to coordinate protest activities so
that your message can be received without jeopardizing the safety or
security of people, places or vessels.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 46 U.S.C. 70034, 70051; 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.T08-1000 to read as follows:
Sec. 165.T08-1000 Safety Zones; Pensacola, Panama City, and
Tallahassee, Florida.
(a) Location. The coordinates used in this paragraph are based on
the World Geodetic System (WGS) 1984. The following areas are safety
zones:
(1) Pensacola Site. All waters from surface to bottom encompassed
within the following coordinates connecting a line from Point 1, thence
to Point 2, thence to Point 3, and thence to point 4, connecting back
to Point 1:
------------------------------------------------------------------------
------------------------------------------------------------------------
Point 1........... 29[deg]53'02'' N -087[deg]35'46'' W
Point 2........... 29[deg]53'02'' N -087[deg]24'14'' W
Point 3........... 29[deg]42'58'' N -087[deg]24'14'' W
Point 4........... 29[deg]42'58'' N -087[deg]35'46'' W
------------------------------------------------------------------------
(2) Panama City Site. All waters from surface to bottom encompassed
within the following coordinates connecting a line from Point 1, thence
to Point 2, thence to Point 3, and thence to point 4, connecting back
to Point 1:
------------------------------------------------------------------------
------------------------------------------------------------------------
Point 1........... 29[deg]47'46'' N -086[deg]16'44'' W
Point 2........... 29[deg]47'46'' N -086[deg]05'20'' W
Point 3........... 29[deg]37'48'' N -086[deg]05'20'' W
Point 4........... 29[deg]37'48'' N -086[deg]16'44'' W
------------------------------------------------------------------------
(3) Tallahassee Site. All waters from surface to bottom encompassed
within the following coordinates connecting a
[[Page 1145]]
line from Point 1, thence to Point 2, thence to Point 3, and thence to
point 4, connecting back to Point 1:
------------------------------------------------------------------------
------------------------------------------------------------------------
Point 1........... 29[deg]21'47'' N -084[deg]17'46'' W
Point 2........... 29[deg]21'47'' N -084[deg]06'18'' W
Point 3........... 29[deg]11'46'' N -084[deg]06'18'' W
Point 4........... 29[deg]11'46'' N -084[deg]17'46'' W
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(b) Definitions. As used in this section--
Designated representative means a Coast Guard Captain of the Port
Sector Mobile; Coast Guard Patrol Commanders including Coast Guard
coxswains, petty officers and other officers operating a Coast Guard
vessel; Coast Guard Representatives in the Merrill Operations Center;
and other officers designated by the Captain of the Port Sector Mobile
or assisting the Captain of the Port Sector Mobile in the enforcement
of the safety zones.
Reentry Services means 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 Captain of
the Port Sector Mobile or a designated representative, except as
provided in paragraph (d)(3) of this section.
(d) Enforcement periods. (1) To the extent possible, at least two
days before a reentry vehicle splashdown, the Captain of the Port
Sector Mobile or designated representative will inform the public of
the activation of the three safety zones described in paragraph (a) of
this section by Broadcast Notice to Mariners on VHF-FM channel 16, and/
or Marine Safety Information Bulletin (as appropriate) for at least two
days before the splashdown.
(2) To the extent possible, twenty-four hours before a reentry
vehicle splashdown, the Captain of the Port Sector Mobile or designated
representative will inform the public that only one of the three safety
zones described in paragraph (a) 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 Captain of the Port
Sector Mobile or a designated representative will grant general
permission to come no closer than three nautical miles of any reentry
vehicle or space support vessel engaged in the recovery operations,
within the activated safety zone described in paragraph (a) of this
section.
(4) Once a reentry vehicle, and any personnel involved in reentry
service, are removed from the water and secured onboard a space support
vessel, the Captain of the Port Sector Mobile or designated
representative will issue a Broadcast Notice to Mariners on VHF-FM
channel 16 announcing the activated safety zone is no longer subject to
enforcement.
(e) Effective period. This rule is subject to enforcement from
January 9, 2023 until January 30, 2023.
Dated: December 30, 2022.
Ulysses S. Mullins, Captain,
Commander, Coast Guard Sector Mobile, Captain of the Port Mobile.
[FR Doc. 2023-00187 Filed 1-6-23; 8:45 am]
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