[Federal Register Volume 87, Number 76 (Wednesday, April 20, 2022)]
[Rules and Regulations]
[Pages 23447-23450]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-08332]


-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2021-0661]
RIN 1625-AA11


Regulated Navigation Area; Offshore, Cape Canaveral, Florida

AGENCY: Coast Guard, Department of Homeland Security (DHS).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing a regulated navigation area 
(RNA) for rocket launch vehicles originating from Cape Canaveral, FL. 
The RNA will encompass all waters within typical rocket flight 
trajectories originating from launch complexes on or around Cape 
Canaveral, FL, and out to 12 nautical miles. The RNA is necessary to 
ensure the safety of vessels, mariners and navigable waters during 
scheduled rocket launch vehicle operations. An notice of proposed 
rulemaking (NPRM) and supplemental notice of proposed rulemaking 
(SNPRM) were conducted to allow for public comment on the rule. The 
SNPRM considered the comments from the NPRM, and made several minor 
revisions, which included revisions that expanded the list of RNA 
exclusion zones.

DATES: This rule is effective May 20, 2022.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2021-0661 in the search box and click ``Search.'' Next, in the Document 
Type column, select ``Supporting & Related Material.''

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Lieutenant Junior Grade Stephanie Miranda, District 7 
Waterways Division (dpw), U.S. Coast Guard; telephone (305) 415-6748, 
email [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
SNPRM Supplemental notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code
MOC Merril Operations Center
SLD 45 U.S. Space Launch Delta 45
COTP Captain of the Port
WGS 1984 World Geodetic System 1984

II. Background Information and Regulatory History

    On September 17, 2021, the Coast Guard published a notice of 
proposed rulemaking entitled ``Regulated Navigation Area; Offshore, 
Cape Canaveral, Florida'' in the Federal Register (86 FR 51845) in 
order to replace the existing safety zone in 33 CFR 165.775 with a 
regulated navigation area (RNA). During the comment period on the NPRM 
that ended on October 18, 2021, we received three comments.
    On January 7, 2022, the Coast Guard published a supplemental notice 
of proposed rulemaking (SNPRM) in the Federal Register (87 FR 916). 
Section III of the SNPRM provides a summary of the comments and the 
Coast Guard's

[[Page 23448]]

responses to those comments. The SNPRM revised the regulatory text from 
the original NPRM to expand the list of RNA exclusionary zones to 
include additional missions which are expected to be conducted. The 
SNPRM also included the Captain of the Port's (COTP) consideration of 
analysis from U.S. Space Launch Delta 45 (SLD 45) when activating an 
RNA exclusionary zone. No other changes were made in the SNPRM. The 
comment period on the SNPRM closed on March 16, 2022. No comments were 
submitted on the SNPRM.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C. 
70034. The Seventh District Commander and the Captain of the Port 
Jacksonville have determined that potential hazards associated with 
rocket launches from Cape Canaveral, FL, display a safety concern for 
anyone within the perimeter of the RNA exclusionary zones. The RNA will 
only be activated a reasonable time before a launch and deactivated 
once the area is no longer hazardous. The purpose of this rule is to 
ensure safety of vessels, mariners, and the navigable waters in the RNA 
before, during, and after the scheduled event.

IV. Discussion of Comments, Changes, and the Rule

    We received no comments on our SNPRM published January 7, 2022. In 
the final rule, the Coast Guard is making one change. The Coast Guard 
is revising Sec.  165.775(b) ``Definitions'' to clarify that the Coast 
Guard representative in the Merril Operations Center (MOC) is a 
designated representative of the COTP.
    The final rule establishes an RNA in the following areas: All 
waters offshore Cape Canaveral from surface to bottom, encompassed by a 
line connecting the following points beginning with Point 1 at 
28[deg]48'54'' N, 80[deg]28'40'' W; thence southwest to Point 2 at 
28[deg]43'20'' N, 80[deg]41'00'' W; thence south along the shoreline to 
Point 3 at 28[deg]25'18'' N, 80[deg]34'43'' W; thence continuing south 
offshore to Point 4 at 28[deg]11'00'' N, 80[deg]29'00'' W; thence east 
to Point 5 at 28[deg]10'00'' N, 80[deg]21'13'' W; thence north along 
the 12 nautical mile line back to Point 1. Coordinates are in the World 
Geodetic System 1984 (WGS 1984). These coordinates are based on the 
furthest north and south trajectories of typical rocket launch vehicles 
originating from Cape Canaveral. In addition, there are five launch 
hazard areas in which the majority of rocket launches will fall and are 
meant to alert mariners to the general areas in which launches will 
occur. We list the coordinates and locations of the five launch hazard 
areas in the regulatory text of this RNA.
    When the RNA is deemed activated, the COTP or a designated 
representative will be able to restrict vessel movement including but 
not limited to transiting, anchoring, or mooring within this RNA to 
protect vessels from hazards associated with rocket launches. Active 
restrictions are based on mission specific launch exclusion areas 
provided by the SLD 45, are temporary in nature, and would only be 
enacted and enforced prior to and just after a launch. The COTP would 
be able to activate any single area, a combination of areas, or 
establish areas within the RNA boundary area as warranted by specific 
risks posed by individual launches. The determination of risk would be 
at the discretion of the COTP and informed by the mission specific 
launch exclusion areas provided by SLD 45.
    The COTP will inform the public of the activation or status of the 
RNA and specific exclusion areas, by Broadcast Notice to Mariners on 
VHF-FM channel 16, Public Notice of Enforcement, on-scene presence, and 
by the display of a yellow ball from a 90-foot pole near the shoreline.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
Executive orders related to rulemaking. Below we summarize our analyses 
based on a number of these statutes and Executive orders, and we 
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. This rule has not been designated a ``significant 
regulatory action,'' under Executive Order 12866. Accordingly, this 
rule has not been reviewed by the Office of Management and Budget 
(OMB).
    The RNA will operate in a similar way to the existing safety zone, 
but will reduce the size of exclusionary areas for each specific rocket 
launch. We expect the economic impact of this rule to be so minimal 
that a full regulatory evaluation is unnecessary. The RNA will only be 
activated a reasonable time before a launch and deactivated once the 
area is no longer hazardous.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, requires Federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule 
will not have a significant economic impact on a substantial number of 
small entities.
    The total time of the RNA activation and thus restriction to the 
public is expected to be approximately one hour per launch. Vessels 
would be able to transit around the activated RNA locations during 
these launches. We do not anticipate any significant economic impact 
resulting from activation of the RNA.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this rule. If the rule would affect your 
small business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
call or email the person listed in the FOR FURTHER INFORMATION CONTACT 
section.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

C. Collection of Information

    This rule will not call for a new collection of information under 
the

[[Page 23449]]

Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the National Government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this rule under that order and have 
determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, this rule does not have tribal implications under Executive 
Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it does not have a substantial direct effect on 
one or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 (adjusted for 
inflation) or more in any one year. Though this rule will not result in 
such an expenditure, we do discuss the effects of this rule elsewhere 
in this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security 
Directive 023-01, Rev. 1, associated implementing instructions, and 
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast 
Guard in complying with the National Environmental Policy Act of 1969 
(42 U.S.C. 4321-4370f), and have determined that this action is one of 
a category of actions that do not individually or cumulatively have a 
significant effect on the human environment. This rule involves the 
activation of a RNA with smaller exclusionary zones. The activation of 
the RNA is expected to be an hour total per occurrence. It is 
categorically excluded from further review under paragraph L60(a) of 
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1. A 
Record of Environmental Consideration supporting this determination is 
available in the docket. For instructions on locating the docket, see 
the ADDRESSES section of this preamble.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to call or email the person listed in the FOR 
FURTHER INFORMATION CONTACT section to coordinate protest activities so 
that your message can be received without jeopardizing the safety or 
security of people, places or vessels.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority:  46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No. 
00170.1, Revision No. 01.2.

0
2. Revise Sec.  165.775 to read as follows:


Sec.  165.775  Regulated Navigation Area; Launch Area Offshore Cape 
Canaveral, FL.

    (a) Location. (1) The following area is a regulated navigation area 
(RNA): All waters offshore Cape Canaveral from surface to bottom, 
encompassed by a line connecting the following points beginning with 
Point 1 at 28[deg]48'54'' N, 80[deg]28'40'' W; thence southwest to 
Point 2 at 28[deg]43'20'' N, 80[deg]41'00'' W; thence south along the 
shoreline to Point 3 at 28[deg]25'18'' N, 80[deg]34'43'' W; thence 
continuing south offshore to Point 4 at 28[deg]11'00'' N, 
80[deg]29'00'' W; thence east to Point 5 at 28[deg]10'00'' N, 
80[deg]21'13'' W; thence north along the 12 nautical mile line back to 
Point 1. Coordinates are in World Geodetic System (WGS) 1984. These 
coordinates are based on the furthest north and south trajectories of 
typical rocket launch vehicles originating from Cape Canaveral.
    (2) Restrictions may be enforced anywhere within the boundaries of 
the RNA. Restrictions will be based on the risk assessment of the 
Captain of the Port Jacksonville and informed by the mission specific 
launch exclusion areas provided by U.S. Space Launch Delta 45 (SLD 45). 
There are five launch hazard areas that cover rocket launches. Launch 
hazard areas include all navigable waters within the following 
coordinates, encompassed by a line starting at Point 1 connecting the 
following points:
    (i) Northeast Launch Hazard Area.

                     Table 1 to Paragraph (a)(2)(i)
------------------------------------------------------------------------
 
------------------------------------------------------------------------
Point 1.................................  28[deg]47'47''  080[deg]27'48'
                                                       N             ' W
Point 2.................................  28[deg]42'18''  080[deg]34'55'
                                                       N             ' W
Point 3.................................  28[deg]39'13''  080[deg]37'49'
                                                       N             ' W
Point 4.................................  28[deg]32'29''  080[deg]33'53'
                                                       N             ' W
Point 5.................................  28[deg]34'00''  080[deg]29'00'
                                                       N             ' W
Point 6.................................  28[deg]39'43''  080[deg]21'57'
                                                       N             ' W
------------------------------------------------------------------------

    (ii) East Northeast Launch Hazard Area.

                     Table 2 to Paragraph (a)(2)(ii)
------------------------------------------------------------------------
 
------------------------------------------------------------------------
Point 1.................................  28[deg]43'53''  080[deg]24'50'
                                                       N             ' W
Point 2.................................  28[deg]36'10''  080[deg]35'20'
                                                       N             ' W
Point 3.................................  28[deg]31'46''  080[deg]33'40'
                                                       N             ' W
Point 4.................................  28[deg]34'42''  080[deg]28'40'
                                                       N             ' W
Point 5.................................  28[deg]40'45''  080[deg]22'28'
                                                       N             ' W
------------------------------------------------------------------------

    (iii) Large East Launch Hazard Area.

                    Table 3 to Paragraph (a)(2)(iii)
------------------------------------------------------------------------
 
------------------------------------------------------------------------
Point 1.................................  28[deg]40'32''  080[deg]22'21'
                                                       N             ' W
Point 2.................................  28[deg]39'14''  080[deg]37'48'
                                                       N             ' W
Point 3.................................  28[deg]27'00''  080[deg]31'55'
                                                       N             ' W
Point 4.................................  28[deg]27'35''  080[deg]18'27'
                                                       N             ' W
------------------------------------------------------------------------

    (iv) Small East Launch Hazard Area.

                     Table 4 to Paragraph (a)(2)(iv)
------------------------------------------------------------------------
 
------------------------------------------------------------------------
Point 1.................................  28[deg]39'42''  080[deg]21'56'
                                                       N             ' W
Point 2.................................  28[deg]39'00''  080[deg]31'00'
                                                       N             ' W
Point 3.................................  28[deg]38'00''  080[deg]36'58'
                                                       N             ' W
Point 4.................................  28[deg]32'00''  080[deg]33'45'
                                                       N             ' W
Point 5.................................  28[deg]31'51''  080[deg]20'41'
                                                       N             ' W
------------------------------------------------------------------------

    (v) Southeast Launch Hazard Area.

                     Table 5 to Paragraph (a)(2)(v)
------------------------------------------------------------------------
 
------------------------------------------------------------------------
Point 1.................................  28[deg]37'00''  080[deg]29'00'
                                                       N             ' W
Point 2.................................  28[deg]35'48''  080[deg]34'59'
                                                       N             ' W
Point 3.................................  28[deg]25'18''  080[deg]34'43'
                                                       N             ' W
Point 4.................................  28[deg]11'00''  080[deg]29'00'
                                                       N             ' W
Point 5.................................  28[deg]10'00''  080[deg]21'13'
                                                       N             ' W
Point 6.................................  28[deg]19'36''  080[deg]23'10'
                                                       N             ' W
Point 7.................................  28[deg]22'11''  080[deg]20'17'
                                                       N             ' W
------------------------------------------------------------------------

    (b) Definitions. The following definition applys to this section:
    Designated representative means Coast Guard Patrol Commanders 
including Coast Guard coxswains, petty officers and other officers 
operating Coast Guard vessels, Coast Guard Representatives in the 
Merril Operations Center, and Federal, state, and local officers 
designated by or assisting the Captain of the Port (COTP) Jacksonville 
in the enforcement of the RNA.
    (c) Regulations. (1) The COTP Jacksonville or a designated 
representative may restrict vessel movement including but not limited 
to

[[Page 23450]]

transiting, anchoring, or mooring within this RNA to protect vessels 
from hazards associated with rocket launches. These restrictions are 
temporary in nature and will only be enacted and enforced prior to and 
just after a launch.
    (2) The COTP Jacksonville may activate restrictions within any 
single area, a combination of areas, or establish ad hoc areas within 
the RNA boundary area. Activation of prescribed or ad hoc Launch Hazard 
Areas will be based on the risk assessment of the Captain of the Port 
Jacksonville and informed by the mission specific launch exclusion 
areas provided by SLD 45 to account for the specific risks posed by 
individual launches.
    (d) Notice of activation of RNA. The COTP Jacksonville will inform 
the public of the activation or status of the RNA and specific 
exclusion areas, by Broadcast Notice to Mariners on VHF-FM channel 16, 
Public Notice of Enforcement, on-scene presence, and by the display of 
a yellow ball from a 90-foot pole near the shoreline at approximately 
28[deg]35'00'' N, 080[deg]34'36'' W and from a 90-foot pole near the 
shoreline at approximately 28[deg]55'18'' N, 080[deg]35'00'' W. Coast 
Guard assets or other Federal, State, or local law enforcement assets 
will be clearly identified by lights, markings, or with agency 
insignia.
    (e) Contact information. The COTP Jacksonville may be reached by 
telephone at (904) 564-7513. Any on-scene Coast Guard or designated 
representative assets may be reached on VHF-FM channel 16.

    Dated: April 12, 2022.
Brendan C. McPherson,
Rear Admiral, Commander, Coast Guard Seventh District.
[FR Doc. 2022-08332 Filed 4-19-22; 8:45 am]
BILLING CODE 9110-04-P


