Safety Zones in Reentry Sites; Panama City, Pensacola, and Tallahassee, Florida, 1528-1532 [2023-00354]
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1528
Federal Register / Vol. 88, No. 7 / Wednesday, January 11, 2023 / Proposed Rules
Figure 4 to paragraph
G) -AFM Revision for Radio Altimeter Tolerant airplanes
(Required by AD 20**-**-**)
Radio Altimeter Flight Restrictions
Due to the presence of 5G C-Band wireless broadband interference, when operating in
the contiguous U.S. airspace, the following operations requiring radio altimeter are
prohibited unless operating at a 5G C-Band mitigated airport as identified in an FAA
Domestic Notice:
• Instrument Landing System (ILS) Instrument Approach Procedures (IAP) SA
CAT I, SA CAT II, CAT II, and CAT III
• Automatic Landing operations
• Manual Flight Control Guidance System operations to landing/head-up display
(HUD) to touchdown operation
• Use of Enhanced Flight Vision System (EFVS) to touchdown under 14 CFR
91.176(a).
(l) Alternative Methods of Compliance
(AMOCs)
(1) The Manager, Operational Safety
Branch, FAA, has the authority to approve
AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In
accordance with 14 CFR 39.19, send your
request to your principal inspector or
responsible Flight Standards Office, as
appropriate. If sending information directly
to the manager of the Operational Safety
Branch, send it to the attention of the person
identified in paragraph (m) of this AD.
Information may be emailed to: AMOC@
faa.gov.
(2) Before using any approved AMOC,
notify your appropriate principal inspector,
or lacking a principal inspector, the manager
of the responsible Flight Standards Office.
(3) AMOCs approved for AD 2021–23–12
are approved as AMOCs for the requirements
specified in paragraph (h) of this AD.
(m) Related Information
For more information about this AD,
contact Brett Portwood, Continued
Operational Safety Technical Advisor, COS
Program Management Section, Operational
Safety Branch, FAA, 3960 Paramount
Boulevard, Lakewood, CA 90712–4137;
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phone: 817–222–5390; email:
operationalsafety@faa.gov.
(n) Material Incorporated by Reference
None.
Issued on January 6, 2023.
Gaetano A. Sciortino,
Acting Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2023–00420 Filed 1–9–23; 8:45 am]
BILLING CODE 4910–13–C
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2022–0995]
RIN 1625–AA00
Safety Zones in Reentry Sites; Panama
City, Pensacola, and Tallahassee,
Florida
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
This proposed rule would
implement a special activities provision
of the William M. (Mac) Thornberry
National Defense Authorization Act for
Fiscal Year 2021. The Coast Guard is
proposing to establish three temporary
safety zones for the safe splashdown
and recovery of reentry vehicles
launched by Space Exploration
Technologies Corporation (SpaceX) in
support of National Aeronautics and
Space Administration (NASA) missions.
The proposed temporary safety zones
are located within the Coast Guard
District Eight area of responsibility
(AOR) offshore of Panama City,
Pensacola, and Tallahassee, Florida.
SUMMARY:
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These proposed temporary safety zones
are also located specifically within the
Coast Guard Sector Mobile AOR. This
proposed rule would prohibit U.S.flagged vessels from entering any of the
temporary safety zones unless
authorized by the Commanding Officer
of Coast Guard Sector Mobile or a
designated representative. Foreignflagged vessels would be encouraged to
remain outside the safety zones. This
action is necessary to protect vessels
and waterway users from the potential
hazards created by reentry vehicle
splashdowns and recovery operations in
the U.S. Exclusive Economic Zone
(EEZ). It is also necessary to provide for
the safe recovery of reentry vehicles,
and any personnel involved in reentry
services, after the splashdown. We
invite your comments on this proposed
rulemaking.
Comments and related material
must be received by the Coast Guard on
or before February 10, 2023.
DATES:
You may submit comments
identified by docket number USCG–
2022–0995 using the Federal Decision
Making Portal at https://
www.regulations.gov. See the ‘‘Public
Participation and Request for
Comments’’ portion of the
SUPPLEMENTARY INFORMATION section for
further instructions on submitting
comments.
ADDRESSES:
If
you have questions about this proposed
rulemaking, call or email Lieutenant
Andrew Anderson Sector Mobile
Waterways Division (dpw), U.S. Coast
Guard; telephone: 251–441–5940, email
Andrew.S.Anderson@uscg.mil.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
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(k) Modification
(1) For non-radio altimeter tolerant
airplanes operating under 14 CFR part 121:
On or before February 1, 2024, modify each
airplane to a radio altimeter tolerant airplane
and accomplish the actions specified in
paragraphs (k)(i) and (ii) of this AD.
(i) Revise the Limitations Section of the
existing AFM by incorporating the
limitations specified in figure 4 to paragraph
(j) of this AD. This may be done by inserting
a copy of figure 4 to paragraph (j) of this AD
into the existing AFM.
(ii) Remove the AFM revision required by
paragraph (i) of this AD.
(2) For non-radio altimeter tolerant
airplanes not operating under part 121,
accomplishing the modification and AFM
revision specified in paragraph (k)(1) of this
AD is optional.
Federal Register / Vol. 88, No. 7 / Wednesday, January 11, 2023 / Proposed Rules
I. Table of Abbreviations
AOR Area of Responsibility
BNM Broadcast Notice to Mariners
CFR Code of Federal Regulations
DHS Department of Homeland Security
EEZ Exclusive Economic Zone
FAA Federal Aviation Administration
FL Florida
FR Federal Register
MSIB Marine Safety Information Bulletin
NASA National Aeronautics and Space
Administration
NM Nautical Mile
NOE Notice of Enforcement
NPRM Notice of Proposed Rulemaking
§ Section
SpaceX Space Exploration Technologies
Corporation
U.S. United States
U.S.C. United States Code
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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.
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.
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.
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defines ‘‘reentry vehicle’’ as a vehicle
designed to return from Earth orbit or
outer space to Earth, or a reusable
launch vehicle designed to return from
Earth orbit or outer space to Earth,
substantially intact. SpaceX, a U.S.
company, has identified three reentry
sites 4 within the U.S. EEZ of the Coast
Guard District Eight area of
responsibility (AOR) expected to be
used for the splashdown 5 and recovery
of reentry vehicles. All of these sites are
located in the Gulf of Mexico off the
coast of Florida (FL).
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).
The purpose of this rulemaking is to
ensure the protection of vessels and
waterway users in the U.S. EEZ from the
potential hazards created by reentry
vehicle splashdowns and recovery
operations, and the safe recovery of
reentry vehicles and personnel involved
in reentry services.6 The Coast Guard is
proposing this rulemaking under
authority of section 8343 of the
Authorization Act.
III. Discussion of Proposed Rule
The Coast Guard is proposing to
establish 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 through the
remainder of the pilot period, which
ends on February 4, 2024.
The proposed temporary safety zones
are located within the Coast Guard
District Eight AOR offshore of Panama
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.
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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City, Pensacola, and Tallahassee, FL in
the Gulf of Mexico. The proposed rule
would prohibit U.S.-flagged vessels
from entering any of the safety zones
unless authorized by the Commanding
Officer of Coast Guard Sector Mobile or
a designated representative. Because the
safety zones are within the U.S. EEZ,
only U.S.-flagged vessels would be
subject to enforcement. However, all
foreign-flagged vessels would be
encouraged to remain outside the safety
zones.
The three proposed temporary safety
zones are located off the coast of FL in
the Gulf of Mexico in the following
areas: (1) Approximately 30 NM
southwest from Pensacola; (2) 26 NM
southwest from Panama City; and 40
NM south of Tallahassee. All three
safety zones have an approximate area
of 100 square miles and are in the shape
of a square.
The coordinates for the safety zones
are based on the furthest north, east,
south, and west points of 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 Sector
Commander or a designated
representative would inform the public
of the activation of the three temporary
safety zones by Notice of Enforcement
(NOE) published in the Federal Register
at least two days before the reentry
vehicle splashdown. The NOE would
identify the approximate date(s) during
which a reentry vehicle splashdown and
recovery operations would occur.
To the extent possible, twenty-four
hours before a reentry vehicle
splashdown and recovery operations,
the Sector Commander or designated
representative would inform the public
that only one of the three safety zones
would remain activated (subject to
enforcement) until announced by
Broadcast Notice to Mariners (BNM) on
VHF–FM channel 16, and/or Marine
Safety Information Bulletin (MSIB) (as
appropriate) that the safety zone is no
longer subject to enforcement. The
specific temporary safety zone to be
enforced would be based on varying
mission and environmental factors,
including atmospheric conditions, sea
state, weather, and orbital calculations.
The MSIB would include the
geographic coordinates of the activated
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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
Sector Commander or a designated
representative would be able to restrict
U.S.-flagged vessel movement including
but not limited to transiting, anchoring,
or mooring within the safety zone to
protect vessels from hazards associated
with space activities. The activated
safety zone would ensure the protection
of vessels and waterway users from the
potential hazards created by reentry
vehicle splashdowns and recovery
operations. This includes protection
during the recovery of a reentry vehicle,
and the protection of personnel
involved in reentry services and space
support vessels.7
After a reentry vehicle splashdown,
the Sector Commander or a designated
representative would grant general
permission to come no closer than 3 NM
within the activated safety zone from
any reentry vehicle or space support
vessel engaged in the recovery
operations. The recovery operations are
expected to last approximately one
hour. That should allow for sufficient
time to let any potential toxic materials
clear the reentry vehicle, recovery of the
reentry vehicle by the space support
vessel, and address any potential
medical evacuations for any personnel
involved in reentry services that were
onboard the reentry vehicle.
Once a reentry vehicle and any
personnel involved in reentry services
are removed from the water and secured
onboard a space support vessel, the
Sector Commander or designated
representative would issue a BNM on
VHF–FM channel 16 announcing the
activated safety zone is no longer
subject to enforcement. A photograph of
a reentry vehicle and space support
vessel expected to use the reentry sites
are available in the docket.
IV. Regulatory Analyses
We developed this proposed rule after
considering numerous statutes and
Executive orders related to rulemaking.
Below we summarize our analyses
based on a number of these statutes and
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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Executive orders, and we discuss First
Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563
direct agencies to assess the costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits.
This NPRM has not been designated a
‘‘significant regulatory action,’’ under
Executive Order 12866. Accordingly,
the NPRM has not been reviewed by the
Office of Management and Budget
(OMB).
This regulatory action determination
is based on the size, location, duration,
and scope of the temporary safety zones.
The temporary safety zones are limited
in size and location to only those areas
where reentry vehicles splashdown and
recovery operations occur. The safety
zones are limited in scope, as vessel
traffic would be able to safely transit
around the activated safety zone which
will only impact a small part of the U.S.
EEZ within the Gulf of Mexico. The
proposed rule involves the
establishment of three temporary safety
zones which would be activated two
days before a reentry vehicle
splashdown and recovery operations.
Twenty-four hours before a reentry
vehicle splashdown, one of the three
temporary safety zones would remain
active. After a reentry vehicle
splashdown, general permission would
be granted to come no closer than 3 NM
within the activated safety zone. There
is a danger associated with fumes from
the reentry vehicle after it has splashed
down. Once a reentry vehicle and any
personnel involved in reentry services
are removed from the water and secured
onboard a space support vessel, the
activated safety zone would no longer
be subject to enforcement. The activated
safety zone would ensure the protection
of vessels and waterway users from the
potential hazards created by a reentry
vehicle splashdown and recovery
operations and the recovery of a reentry
vehicle, personnel involved in reentry
services, and space support vessel.
B. Impact on Small Entities
The Regulatory Flexibility Act of
1980, 5 U.S.C. 601–612, as amended,
requires Federal agencies to consider
the potential impact of regulations on
small entities during rulemaking. The
term ‘‘small entities’’ comprises small
businesses, not-for-profit organizations
that are independently owned and
operated and are not dominant in their
fields, and governmental jurisdictions
with populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C.
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605(b) that this proposed rule would not
have a significant economic impact on
a substantial number of small entities.
The safety zones are only expected to
last a few hours from reentry vehicle
splashdown to recovery. Vessels will be
able to transit around the activated
safety zone location during these
recoveries. We do not anticipate any
significant economic impact resulting
from activation of the safety zones.
If you think that your business,
organization, or governmental
jurisdiction qualifies as a small entity,
and that this proposed rule would have
a significant economic impact on it,
please submit a comment (see
ADDRESSES) explaining why you think it
qualifies and how and to what degree
this rule would economically affect it.
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding this proposed rule. If the
proposed rule would affect your small
business, organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please call or email the
person listed in the FOR FURTHER
INFORMATION CONTACT section. The Coast
Guard will not retaliate against small
entities that question or complain about
this proposed rule or any policy or
action of the Coast Guard.
C. Collection of Information
This proposed rule would not call for
a new collection of information under
the Paperwork Reduction Act of 1995
(44 U.S.C. 3501–3520).
D. Federalism and Indian Tribal
Governments
A rule has implications for federalism
under Executive Order 13132
(Federalism), if it has a substantial
direct effect on the States, on the
relationship between the National
Government and the States, or on the
distribution of power and
responsibilities among the various
levels of government. We have analyzed
this proposed rule under that Order and
have determined that it is consistent
with the fundamental federalism
principles and preemption requirements
described in Executive Order 13132.
Also, this proposed rule does not have
tribal implications under Executive
Order 13175 (Consultation and
Coordination with Indian Tribal
Governments) because it would not
have a substantial direct effect on one or
more Indian tribes, on the relationship
between the Federal Government and
Indian tribes, or on the distribution of
power and responsibilities between the
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Federal Government and Indian tribes.
If you believe this proposed rule has
implications for federalism or Indian
tribes, please call or email the person
listed in the FOR FURTHER INFORMATION
CONTACT section.
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E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this
proposed rule would not result in such
an expenditure, we do discuss the
potential effects of this proposed rule
elsewhere in this preamble.
F. Environment
We have analyzed this proposed rule
under Department of Homeland
Security Directive 023–01, Rev. 1,
associated implementing instructions,
and Environmental Planning
COMDTINST 5090.1 (series), which
guide the Coast Guard in complying
with the National Environmental Policy
Act of 1969 (42 U.S.C. 4321–4370f), and
have made a preliminary determination
that this action is one of a category of
actions that do not individually or
cumulatively have a significant effect on
the human environment. This proposed
rule involves the establishment of three
temporary safety zones which would be
activated two days before a reentry
vehicle splashdown and recovery
operations. Twenty-four hours before a
reentry vehicle splashdown, one of the
three temporary safety zones would
remain active. After a reentry vehicle
splashdown, general permission would
be granted to come no closer than 3 NM
within the activated safety zone. Once a
reentry vehicle and any personnel
involved in reentry services are
removed from the water and secured
onboard a space support vessel, the
activated safety zone would no longer
be subject to enforcement. Normally
such actions are categorically excluded
from further review under paragraph
L60(a) of Appendix A, Table 1 of DHS
Instruction Manual 023–01–001–01,
Rev. 1. A preliminary Record of
Environmental Consideration
supporting this determination is
available in the docket. For instructions
on locating the docket, see the
ADDRESSES section of this preamble. We
seek any comments or information that
may lead to the discovery of a
significant environmental impact from
this proposed rule.
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G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to call or email the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places, or vessels.
V. Public Participation and Request for
Comments
We view public participation as
essential to effective rulemaking, and
will consider all comments and material
received during the comment period.
Your comment can help shape the
outcome of this rulemaking. If you
submit a comment, please include the
docket number for this rulemaking,
indicate the specific section of this
document to which each comment
applies, and provide a reason for each
suggestion or recommendation.
Submitting comments. We encourage
you to submit comments through the
Federal Decision Making Portal at
https://www.regulations.gov. To do so,
go to https://www.regulations.gov, type
USCG–2022–0995 in the search box and
click ‘‘Search.’’ Next, look for this
document in the Search Results column,
and click on it. Then click on the
Comment option. If you cannot submit
your material by using https://
www.regulations.gov, call or email the
person in the FOR FURTHER INFORMATION
CONTACT section of this proposed rule
for alternate instructions.
Viewing material in docket. To view
documents mentioned in this proposed
rule as being available in the docket,
find the docket as described in the
previous paragraph, and then select
‘‘Supporting & Related Material’’ in the
Document Type column. Public
comments will also be placed in our
online docket and can be viewed by
following instructions on the https://
www.regulations.gov Frequently Asked
Questions web page. We review all
comments received, but we will only
post comments that address the topic of
the proposed rule. We may choose not
to post off-topic, inappropriate, or
duplicate comments that we receive.
Personal information. We accept
anonymous comments. Comments we
post to https://www.regulations.gov will
include any personal information you
have provided. For more about privacy
and submissions to the docket in
response to this document, see DHS’s
eRulemaking System of Records notice
(85 FR 14226, March 11, 2020).
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List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard is proposing
to amend 33 CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
is revised to read as follows:
■
Authority: 46 U.S.C. 70034, 70051, 70124;
section 8343 of Pub. L. 116–283, 134 Stat.
3388, 4710; 33 CFR 1.05–1, 6.04–1, 6.04–6,
and 160.5; Department of Homeland Security
Delegation No. 00170.1, Revision No. 01.3.
2. Add § 165.T08–0995 to read as
follows:
■
§ 165.T08–0995 Safety Zones in Reentry
Sites; Panama City, Pensacola, and
Tallahassee, Florida.
(a) Location. The coordinates used in
this paragraph are based on the World
Geodetic System (WGS) 1984. The
following areas are safety zones:
(1) Panama City Site. All waters from
surface to bottom encompassed within a
line connecting the following points:
Point 1, thence to Point 2, thence to
Point 3, thence to Point 4, and then back
to Point 1.
Point
Point
Point
Point
1
2
3
4
.........
.........
.........
.........
29°47′46″
29°47′46″
29°37′48″
29°37′48″
N
N
N
N
086°16′44″
086°05′20″
086°16′44″
086°05′20″
W
W
W
W
(2) Pensacola. All waters from surface
to bottom encompassed within a line
connecting the following points: Point
1, thence to Point 2, thence to Point 3,
thence to Point 4, and then back to Point
1.
Point
Point
Point
Point
1
2
3
4
.........
.........
.........
.........
29°53′02″
29°53′02″
29°42′58″
29°42′58″
N
N
N
N
087°35′46″
087°24′14″
087°35′46″
087°24′14″
W
W
W
W
(3) 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, thence to Point 4, and then back
to Point 1.
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°17′46″
084°06′18″
W
W
W
W
(b) Definitions. As used in this
section—
Designated representative means a
Coast Guard Patrol Commander,
including a Coast Guard coxswain, petty
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officer, or other officer operating a Coast
Guard vessel; Coast Guard
Representatives in the Merrill
Operations Center; and other officers
designated by the Sector Commander of
Coast Guard Sector Mobile.
Sector Commander means
Commander of Coast Guard Sector
Mobile.
Reentry Services means (1) activities
involved in the preparation of a reentry
vehicle and payload, crew (including
crew training), government astronaut, or
space flight participant, if any, for
reentry; and (2) the conduct of a reentry.
Reentry vehicle means a vehicle
designed to return from Earth orbit or
outer space to Earth, or a reusable
launch vehicle designed to return from
Earth orbit or outer space to Earth,
substantially intact.
Space Support Vessel means any
vessel engaged in the support of space
activities. These vessels are typically
approximately 170 feet in length, have
a forward wheelhouse, and are
equipped with a helicopter pad and
lifting crane.
Splashdown means the landing of a
reentry vehicle into a body of water.
(c) Regulations. (1) Because the safety
zones described in paragraph (a) of this
section are within the U.S. Exclusive
Economic Zone, only U.S.-flagged
vessels are subject to enforcement. All
foreign-flagged vessels are encouraged
to remain outside the safety zones.
(2) In accordance with the general
regulations in 33 CFR part 165, subpart
C, no U.S.-flagged vessel may enter the
safety zones described in paragraph (a)
of this section unless authorized by the
Sector Commander or a designated
representative, except as provided in
paragraph (d)(3).
(d) Notification of Enforcement. (1) To
the extent feasible, the Sector
Commander or a designated
representative will inform the public of
the activation of the three 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 Sector Commander or
designated representative will inform
the public that only one of the three
safety zones described in paragraph (a)
will remain activated until announced
by Broadcast Notice to Mariners on
VHF–FM channel 16, and/or Marine
Safety Information Bulletin (as
appropriate) that the safety zone is no
longer subject to enforcement.
(3) After a reentry vehicle
splashdown, the Sector Commander or
a designated representative will grant
VerDate Sep<11>2014
17:14 Jan 10, 2023
Jkt 259001
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
Sector Commander or designated
representative will issue a Broadcast
Notice to Mariners on VHF–FM channel
16 announcing the activated safety zone
is no longer subject to enforcement.
(e) Effective period. This section is
effective from [EFFECTIVE DATE OF
FINAL RULE] through February 4, 2024.
Dated: January 5, 2023.
Ulysses S. Mullins,
Captain, Commander, Coast Guard Sector
Mobile, Captain of the Port Mobile.
[FR Doc. 2023–00354 Filed 1–10–23; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF DEFENSE
Department of the Army, Corps of
Engineers
33 CFR Part 334
Military Ocean Terminal Concord,
California; Restricted Area
AGENCY:
U.S. Army Corps of Engineers,
DoD.
Notice of proposed rulemaking
and request for comments.
ACTION:
The U.S. Army Military
Surface Deployment and Distribution
Command (SDDC) requested that the
U.S. Army Corps of Engineers (Corps)
revise the restricted area boundaries for
the Military Ocean Terminal Concord
(MOTCO). The MOTCO restricted area
is located along the south shore of
Suisun Bay, north of the City of
Concord, Contra Costa County,
California. The request to revise the
boundaries of the MOTCO restricted
area is due to the need to provide a
more sufficient security buffer distance
in navigable waters next to critical
MOTCO shoreline infrastructure.
DATES: Written comments must be
submitted on or before February 10,
2023.
SUMMARY:
You may submit comments,
identified by docket number COE–
2022–0012, by any of the following
methods:
Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
ADDRESSES:
PO 00000
Frm 00013
Fmt 4702
Sfmt 4702
Email: david.b.olson@usace.army.mil.
Include the docket number COE–2022–
0012 in the subject line of the message.
Mail: U.S. Army Corps of Engineers,
Attn: CECW–CO (David B. Olson), 441
G Street NW, Washington, DC 20314–
1000.
Hand Delivery/Courier: Due to
security requirements, we cannot
receive comments by hand delivery or
courier.
Instructions: Direct your comments to
docket number COE–2022–0012. All
comments received will be included in
the public docket without change and
may be made available on-line at https://
regulations.gov, including any personal
information provided, unless the
commenter indicates that the comment
includes information claimed to be
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute. Do not submit
information that you consider to be CBI,
or otherwise protected, through
regulations.gov or email. The
regulations.gov website is an
anonymous access system, which means
we will not know your identity or
contact information unless you provide
it in the body of your comment. If you
send an email directly to the Corps
without going through regulations.gov,
your email address will be
automatically captured and included as
part of the comment that is placed in the
public docket and made available on the
internet. If you submit an electronic
comment, we recommend that you
include your name and other contact
information in the body of your
comment and with any compact disk
you submit. If we cannot read your
comment because of technical
difficulties and cannot contact you for
clarification, we may not be able to
consider your comment. Electronic
comments should avoid the use of any
special characters, any form of
encryption, and be free of any defects or
viruses.
Docket: For access to the docket to
read background documents or
comments received, go to
www.regulations.gov. All documents in
the docket are listed. Although listed in
the index, some information is not
publicly available, such as CBI or other
information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
is not placed on the internet and will be
publicly available only in hard copy
form.
Mr.
David Olson, Headquarters, Operations
and Regulatory Community of Practice,
Washington, DC at 202–761–4922.
FOR FURTHER INFORMATION CONTACT:
E:\FR\FM\11JAP1.SGM
11JAP1
Agencies
[Federal Register Volume 88, Number 7 (Wednesday, January 11, 2023)]
[Proposed Rules]
[Pages 1528-1532]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-00354]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2022-0995]
RIN 1625-AA00
Safety Zones in Reentry Sites; Panama City, Pensacola, and
Tallahassee, Florida
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: This proposed rule would implement a special activities
provision of the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021. The Coast Guard is proposing to
establish three temporary safety zones for the safe splashdown and
recovery of reentry vehicles launched by Space Exploration Technologies
Corporation (SpaceX) in support of National Aeronautics and Space
Administration (NASA) missions. The proposed temporary safety zones are
located within the Coast Guard District Eight area of responsibility
(AOR) offshore of Panama City, Pensacola, and Tallahassee, Florida.
These proposed temporary safety zones are also located specifically
within the Coast Guard Sector Mobile AOR. This proposed rule would
prohibit U.S.-flagged vessels from entering any of the temporary safety
zones unless authorized by the Commanding Officer of Coast Guard Sector
Mobile or a designated representative. Foreign-flagged vessels would be
encouraged to remain outside the safety zones. This action is necessary
to protect vessels and waterway users from the potential hazards
created by reentry vehicle splashdowns and recovery operations in the
U.S. Exclusive Economic Zone (EEZ). It is also necessary to provide for
the safe recovery of reentry vehicles, and any personnel involved in
reentry services, after the splashdown. We invite your comments on this
proposed rulemaking.
DATES: Comments and related material must be received by the Coast
Guard on or before February 10, 2023.
ADDRESSES: You may submit comments identified by docket number USCG-
2022-0995 using the Federal Decision Making Portal at https://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email Lieutenant Andrew Anderson Sector
Mobile Waterways Division (dpw), U.S. Coast Guard; telephone: 251-441-
5940, email [email protected].
SUPPLEMENTARY INFORMATION:
[[Page 1529]]
I. Table of Abbreviations
AOR Area of Responsibility
BNM Broadcast Notice to Mariners
CFR Code of Federal Regulations
DHS Department of Homeland Security
EEZ Exclusive Economic Zone
FAA Federal Aviation Administration
FL Florida
FR Federal Register
MSIB Marine Safety Information Bulletin
NASA National Aeronautics and Space Administration
NM Nautical Mile
NOE Notice of Enforcement
NPRM Notice of Proposed Rulemaking
Sec. Section
SpaceX Space Exploration Technologies Corporation
U.S. United States
U.S.C. United States Code
II. Background, Purpose, and Legal Basis
On January 1, 2021, the William M. (Mac) Thornberry National
Defense Authorization Act for Fiscal Year 2021 (Pub. L. 116-283)
(Authorization Act) was enacted. Section 8343 (134 Stat. 4710) calls
for the Coast Guard to conduct a two-year pilot program to establish
and implement a process to establish safety zones to address special
activities in the U.S. Exclusive Economic Zone (EEZ).\1\ These special
activities include space activities \2\ carried out by United States
(U.S.) citizens. Terms used to describe space activities, including
launch, reentry site, and reentry vehicle, are defined in 51 U.S.C.
50902, and in this document.
---------------------------------------------------------------------------
\1\ The Coast Guard defines the U.S. exclusive economic zone in
33 CFR 2.30(a). Territorial sea is defined in 33 CFR 2.22.
\2\ Space Activities means space activities, including launch
and reentry, as such terms are defined in section 50902 of Title 51,
United States Code, carried out by United States citizens.
---------------------------------------------------------------------------
The Coast Guard has long monitored space activities impacting the
maritime domain and taken actions to ensure the safety of vessels and
the public as needed during space launch \3\ operations. In conducting
this activity, the Coast Guard engages with other government agencies,
including the Federal Aviation Administration (FAA) and National
Aeronautics and Space Administration (NASA), and private space
operators, including Space Exploration Technologies Corporation
(SpaceX). This engagement is necessary to ensure statutory and
regulatory obligations are met to ensure the safety of launch
operations and waterway users.
---------------------------------------------------------------------------
\3\ The term launch is defined in 51 U.S.C. 50902.
---------------------------------------------------------------------------
During this engagement, the Coast Guard was informed of space
reentry vehicles and recovery operations in the U.S. EEZ. Section 50902
of 51 U.S.C. defines ``reentry vehicle'' as a vehicle designed to
return from Earth orbit or outer space to Earth, or a reusable launch
vehicle designed to return from Earth orbit or outer space to Earth,
substantially intact. SpaceX, a U.S. company, has identified three
reentry sites \4\ within the U.S. EEZ of the Coast Guard District Eight
area of responsibility (AOR) expected to be used for the splashdown \5\
and recovery of reentry vehicles. All of these sites are located in the
Gulf of Mexico off the coast of Florida (FL).
---------------------------------------------------------------------------
\4\ Reentry site means the location on Earth to which a reentry
vehicle is intended to return (as defined in a license the FAA
Administrator issues or transfers under this chapter).
\5\ Splashdown refers to the landing of a reentry vehicle into a
body of water.
---------------------------------------------------------------------------
On May 4, 2022, we published a temporary final rule in the Federal
Register (87 FR 26273) for two anticipated reentry vehicle recovery
missions within the Coast Guard District Eight AOR offshore of Panama
City, Pensacola, and Tallahassee, FL from April 17, 2022 through May
15, 2022. Based on the date the Coast Guard was informed of the
reentry, and the immediate need to establish the safety zone, the Coast
Guard did not have sufficient time to publish a notice of proposed
rulemaking (NPRM) for that rule. The Coast Guard additionally published
recovery mission temporary final rules for the periods from August 22,
2022 through September 30, 2022 (87 FR 51253) and October 12, 2022
through November 10, 2022 (87 FR 61508).
The purpose of this rulemaking is to ensure the protection of
vessels and waterway users in the U.S. EEZ from the potential hazards
created by reentry vehicle splashdowns and recovery operations, and the
safe recovery of reentry vehicles and personnel involved in reentry
services.\6\ The Coast Guard is proposing this rulemaking under
authority of section 8343 of the Authorization Act.
---------------------------------------------------------------------------
\6\ Reentry Services means (1) activities involved in the
preparation of a reentry vehicle and payload, crew (including crew
training), government astronaut, or space flight participant, if
any, for reentry; and (2) the conduct of a reentry.
---------------------------------------------------------------------------
III. Discussion of Proposed Rule
The Coast Guard is proposing to establish 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 through the remainder of the pilot period, which ends on
February 4, 2024.
The proposed temporary safety zones are located within the Coast
Guard District Eight AOR offshore of Panama City, Pensacola, and
Tallahassee, FL in the Gulf of Mexico. The proposed rule would prohibit
U.S.-flagged vessels from entering any of the safety zones unless
authorized by the Commanding Officer of Coast Guard Sector Mobile or a
designated representative. Because the safety zones are within the U.S.
EEZ, only U.S.-flagged vessels would be subject to enforcement.
However, all foreign-flagged vessels would be encouraged to remain
outside the safety zones.
The three proposed temporary safety zones are located off the coast
of FL in the Gulf of Mexico in the following areas: (1) Approximately
30 NM southwest from Pensacola; (2) 26 NM southwest from Panama City;
and 40 NM south of Tallahassee. All three safety zones have an
approximate area of 100 square miles and are in the shape of a square.
The coordinates for the safety zones are based on the furthest
north, east, south, and west points of 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 Sector Commander or a designated
representative would inform the public of the activation of the three
temporary safety zones by Notice of Enforcement (NOE) published in the
Federal Register at least two days before the reentry vehicle
splashdown. The NOE would identify the approximate date(s) during which
a reentry vehicle splashdown and recovery operations would occur.
To the extent possible, twenty-four hours before a reentry vehicle
splashdown and recovery operations, the Sector Commander or designated
representative would inform the public that only one of the three
safety zones would remain activated (subject to enforcement) until
announced by Broadcast Notice to Mariners (BNM) on VHF-FM channel 16,
and/or Marine Safety Information Bulletin (MSIB) (as appropriate) that
the safety zone is no longer subject to enforcement. The specific
temporary safety zone to be enforced would be based on varying mission
and environmental factors, including atmospheric conditions, sea state,
weather, and orbital calculations.
The MSIB would include the geographic coordinates of the activated
[[Page 1530]]
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 Sector Commander or a
designated representative would be able to restrict U.S.-flagged vessel
movement including but not limited to transiting, anchoring, or mooring
within the safety zone to protect vessels from hazards associated with
space activities. The activated safety zone would ensure the protection
of vessels and waterway users from the potential hazards created by
reentry vehicle splashdowns and recovery operations. This includes
protection during the recovery of a reentry vehicle, and the protection
of personnel involved in reentry services and space support vessels.\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 Sector Commander or a
designated representative would grant general permission to come no
closer than 3 NM within the activated safety zone from any reentry
vehicle or space support vessel engaged in the recovery operations. The
recovery operations are expected to last approximately one hour. That
should allow for sufficient time to let any potential toxic materials
clear the reentry vehicle, recovery of the reentry vehicle by the space
support vessel, and address any potential medical evacuations for any
personnel involved in reentry services that were onboard the reentry
vehicle.
Once a reentry vehicle and any personnel involved in reentry
services are removed from the water and secured onboard a space support
vessel, the Sector Commander or designated representative would issue a
BNM on VHF-FM channel 16 announcing the activated safety zone is no
longer subject to enforcement. A photograph of a reentry vehicle and
space support vessel expected to use the reentry sites are available in
the docket.
IV. Regulatory Analyses
We developed this proposed rule after considering numerous statutes
and Executive orders related to rulemaking. Below we summarize our
analyses based on a number of these statutes and Executive orders, and
we discuss First Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. This NPRM has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, the NPRM
has not been reviewed by the Office of Management and Budget (OMB).
This regulatory action determination is based on the size,
location, duration, and scope of the temporary safety zones. The
temporary safety zones are limited in size and location to only those
areas where reentry vehicles splashdown and recovery operations occur.
The safety zones are limited in scope, as vessel traffic would be able
to safely transit around the activated safety zone which will only
impact a small part of the U.S. EEZ within the Gulf of Mexico. The
proposed rule involves the establishment of three temporary safety
zones which would be activated two days before a reentry vehicle
splashdown and recovery operations. Twenty-four hours before a reentry
vehicle splashdown, one of the three temporary safety zones would
remain active. After a reentry vehicle splashdown, general permission
would be granted to come no closer than 3 NM within the activated
safety zone. There is a danger associated with fumes from the reentry
vehicle after it has splashed down. Once a reentry vehicle and any
personnel involved in reentry services are removed from the water and
secured onboard a space support vessel, the activated safety zone would
no longer be subject to enforcement. The activated safety zone would
ensure the protection of vessels and waterway users from the potential
hazards created by a reentry vehicle splashdown and recovery operations
and the recovery of a reentry vehicle, personnel involved in reentry
services, and space support vessel.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this
proposed rule would not have a significant economic impact on a
substantial number of small entities.
The safety zones are only expected to last a few hours from reentry
vehicle splashdown to recovery. Vessels will be able to transit around
the activated safety zone location during these recoveries. We do not
anticipate any significant economic impact resulting from activation of
the safety zones.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity, and that this proposed rule
would have a significant economic impact on it, please submit a comment
(see ADDRESSES) explaining why you think it qualifies and how and to
what degree this rule would economically affect it.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule. If the proposed rule
would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please call or email the person listed in the
FOR FURTHER INFORMATION CONTACT section. The Coast Guard will not
retaliate against small entities that question or complain about this
proposed rule or any policy or action of the Coast Guard.
C. Collection of Information
This proposed rule would not call for a new collection of
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132
(Federalism), if it has a substantial direct effect on the States, on
the relationship between the National Government and the States, or on
the distribution of power and responsibilities among the various levels
of government. We have analyzed this proposed rule under that Order and
have determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, this proposed rule does not have tribal implications under
Executive Order 13175 (Consultation and Coordination with Indian Tribal
Governments) because it would not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the
[[Page 1531]]
Federal Government and Indian tribes. If you believe this proposed rule
has implications for federalism or Indian tribes, please call or email
the person listed in the FOR FURTHER INFORMATION CONTACT section.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this proposed rule would not
result in such an expenditure, we do discuss the potential effects of
this proposed rule elsewhere in this preamble.
F. Environment
We have analyzed this proposed rule under Department of Homeland
Security Directive 023-01, Rev. 1, associated implementing
instructions, and Environmental Planning COMDTINST 5090.1 (series),
which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made
a preliminary determination that this action is one of a category of
actions that do not individually or cumulatively have a significant
effect on the human environment. This proposed rule involves the
establishment of three temporary safety zones which would be activated
two days before a reentry vehicle splashdown and recovery operations.
Twenty-four hours before a reentry vehicle splashdown, one of the three
temporary safety zones would remain active. After a reentry vehicle
splashdown, general permission would be granted to come no closer than
3 NM within the activated safety zone. Once a reentry vehicle and any
personnel involved in reentry services are removed from the water and
secured onboard a space support vessel, the activated safety zone would
no longer be subject to enforcement. Normally such actions are
categorically excluded from further review under paragraph L60(a) of
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1. A
preliminary Record of Environmental Consideration supporting this
determination is available in the docket. For instructions on locating
the docket, see the ADDRESSES section of this preamble. We seek any
comments or information that may lead to the discovery of a significant
environmental impact from this proposed rule.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section to coordinate protest activities so
that your message can be received without jeopardizing the safety or
security of people, places, or vessels.
V. Public Participation and Request for Comments
We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
Submitting comments. We encourage you to submit comments through
the Federal Decision Making Portal at https://www.regulations.gov. To
do so, go to https://www.regulations.gov, type USCG-2022-0995 in the
search box and click ``Search.'' Next, look for this document in the
Search Results column, and click on it. Then click on the Comment
option. If you cannot submit your material by using https://www.regulations.gov, call or email the person in the FOR FURTHER
INFORMATION CONTACT section of this proposed rule for alternate
instructions.
Viewing material in docket. To view documents mentioned in this
proposed rule as being available in the docket, find the docket as
described in the previous paragraph, and then select ``Supporting &
Related Material'' in the Document Type column. Public comments will
also be placed in our online docket and can be viewed by following
instructions on the https://www.regulations.gov Frequently Asked
Questions web page. We review all comments received, but we will only
post comments that address the topic of the proposed rule. We may
choose not to post off-topic, inappropriate, or duplicate comments that
we receive.
Personal information. We accept anonymous comments. Comments we
post to https://www.regulations.gov will include any personal
information you have provided. For more about privacy and submissions
to the docket in response to this document, see DHS's eRulemaking
System of Records notice (85 FR 14226, March 11, 2020).
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard is
proposing to amend 33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 is revised to read as follows:
Authority: 46 U.S.C. 70034, 70051, 70124; section 8343 of Pub.
L. 116-283, 134 Stat. 3388, 4710; 33 CFR 1.05-1, 6.04-1, 6.04-6, and
160.5; Department of Homeland Security Delegation No. 00170.1,
Revision No. 01.3.
0
2. Add Sec. 165.T08-0995 to read as follows:
Sec. 165.T08-0995 Safety Zones in Reentry Sites; Panama City,
Pensacola, and Tallahassee, Florida.
(a) Location. The coordinates used in this paragraph are based on
the World Geodetic System (WGS) 1984. The following areas are safety
zones:
(1) Panama City Site. All waters from surface to bottom encompassed
within a line connecting the following points: Point 1, thence to Point
2, thence to Point 3, thence to Point 4, and then back to Point 1.
------------------------------------------------------------------------
------------------------------------------------------------------------
Point 1....................... 29[deg]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]16'44'' W
Point 4....................... 29[deg]37'48'' N 086[deg]05'20'' W
------------------------------------------------------------------------
(2) Pensacola. All waters from surface to bottom encompassed within
a line connecting the following points: Point 1, thence to Point 2,
thence to Point 3, thence to Point 4, and then back to Point 1.
------------------------------------------------------------------------
------------------------------------------------------------------------
Point 1....................... 29[deg]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]35'46'' W
Point 4....................... 29[deg]42'58'' N 087[deg]24'14'' W
------------------------------------------------------------------------
(3) 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, thence to Point 4, and then 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]17'46'' W
Point 4....................... 29[deg]11'46'' N 084[deg]06'18'' W
------------------------------------------------------------------------
(b) Definitions. As used in this section--
Designated representative means a Coast Guard Patrol Commander,
including a Coast Guard coxswain, petty
[[Page 1532]]
officer, or other officer operating a Coast Guard vessel; Coast Guard
Representatives in the Merrill Operations Center; and other officers
designated by the Sector Commander of Coast Guard Sector Mobile.
Sector Commander means Commander of Coast Guard Sector Mobile.
Reentry Services means (1) activities involved in the preparation
of a reentry vehicle and payload, crew (including crew training),
government astronaut, or space flight participant, if any, for reentry;
and (2) the conduct of a reentry.
Reentry vehicle means a vehicle designed to return from Earth orbit
or outer space to Earth, or a reusable launch vehicle designed to
return from Earth orbit or outer space to Earth, substantially intact.
Space Support Vessel means any vessel engaged in the support of
space activities. These vessels are typically approximately 170 feet in
length, have a forward wheelhouse, and are equipped with a helicopter
pad and lifting crane.
Splashdown means the landing of a reentry vehicle into a body of
water.
(c) Regulations. (1) Because the safety zones described in
paragraph (a) of this section are within the U.S. Exclusive Economic
Zone, only U.S.-flagged vessels are subject to enforcement. All
foreign-flagged vessels are encouraged to remain outside the safety
zones.
(2) In accordance with the general regulations in 33 CFR part 165,
subpart C, no U.S.-flagged vessel may enter the safety zones described
in paragraph (a) of this section unless authorized by the Sector
Commander or a designated representative, except as provided in
paragraph (d)(3).
(d) Notification of Enforcement. (1) To the extent feasible, the
Sector Commander or a designated representative will inform the public
of the activation of the three 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 Sector Commander or designated representative
will inform the public that only one of the three safety zones
described in paragraph (a) will remain activated until announced by
Broadcast Notice to Mariners on VHF-FM channel 16, and/or Marine Safety
Information Bulletin (as appropriate) that the safety zone is no longer
subject to enforcement.
(3) After a reentry vehicle splashdown, the Sector Commander or a
designated representative will grant general permission to come no
closer than 3 nautical miles of any reentry vehicle or space support
vessel engaged in the recovery operations, within the activated safety
zone described in paragraph (a) of this section.
(4) Once a reentry vehicle, and any personnel involved in reentry
service, are removed from the water and secured onboard a space support
vessel, the Sector Commander or designated representative will issue a
Broadcast Notice to Mariners on VHF-FM channel 16 announcing the
activated safety zone is no longer subject to enforcement.
(e) Effective period. This section is effective from [EFFECTIVE
DATE OF FINAL RULE] through February 4, 2024.
Dated: January 5, 2023.
Ulysses S. Mullins,
Captain, Commander, Coast Guard Sector Mobile, Captain of the Port
Mobile.
[FR Doc. 2023-00354 Filed 1-10-23; 8:45 am]
BILLING CODE 9110-04-P