Safety Zones in Reentry Sites; Panama City, Pensacola, and Tallahassee, Florida, 1528-1532 [2023-00354]

Download as PDF 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; VerDate Sep<11>2014 16:29 Jan 10, 2023 Jkt 259001 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: PO 00000 Frm 00009 Fmt 4702 Sfmt 4702 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: E:\FR\FM\11JAP1.SGM 11JAP1 EP11JA23.016</GPH> lotter on DSK11XQN23PROD with PROPOSALS1 (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 lotter on DSK11XQN23PROD with PROPOSALS1 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. VerDate Sep<11>2014 16:29 Jan 10, 2023 Jkt 259001 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. PO 00000 Frm 00010 Fmt 4702 Sfmt 4702 1529 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 E:\FR\FM\11JAP1.SGM 11JAP1 1530 Federal Register / Vol. 88, No. 7 / Wednesday, January 11, 2023 / Proposed Rules lotter on DSK11XQN23PROD with PROPOSALS1 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. VerDate Sep<11>2014 16:29 Jan 10, 2023 Jkt 259001 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. PO 00000 Frm 00011 Fmt 4702 Sfmt 4702 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 E:\FR\FM\11JAP1.SGM 11JAP1 1531 Federal Register / Vol. 88, No. 7 / Wednesday, January 11, 2023 / Proposed Rules 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. lotter on DSK11XQN23PROD with PROPOSALS1 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. VerDate Sep<11>2014 16:29 Jan 10, 2023 Jkt 259001 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). PO 00000 Frm 00012 Fmt 4702 Sfmt 4702 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 E:\FR\FM\11JAP1.SGM 11JAP1 lotter on DSK11XQN23PROD with PROPOSALS1 1532 Federal Register / Vol. 88, No. 7 / Wednesday, January 11, 2023 / Proposed Rules 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]


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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.

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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


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