[Federal Register Volume 87, Number 113 (Monday, June 13, 2022)]
[Proposed Rules]
[Pages 35697-35701]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-12540]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2022-0289]
RIN 1625-AA00


Safety Zones in Reentry Sites; Jacksonville, Daytona, Cape 
Canaveral, Tampa, 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 five temporary safety zones for the safe splashdown and 
recovery of reentry vehicles launched by Space Exploration Technologies 
Corporation (SpaceX) in support of National Aeronautics and Space 
Administration (NASA) missions for the remainder of 2022. The proposed 
temporary safety zones are located within the Coast Guard District 
Seven area of responsibility (AOR) offshore of Jacksonville, Daytona, 
Cape Canaveral, Tampa, and Tallahassee, Florida. This proposed rule 
would prohibit U.S.-flagged vessels from entering any of the temporary 
safety zones unless authorized by the District Commander of the Seventh 
Coast Guard District 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 July 13, 2022.

ADDRESSES: You may submit comments identified by docket number USCG-
2022-0289 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 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

BNM Broadcast Notice to Mariners
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
EEZ Exclusive Economic Zone
FAA Federal Aviation Administration
FL Florida
FR Federal Register
MSIB Marine Safety Information Bulletin

[[Page 35698]]

NASA National Aeronautics and Space Administration
NM Nautical Mile
NPRM Notice of Proposed Rulemaking
Sec.  Section
SpaceX Space Exploration Technologies Corporation
U.S. United States
U.S.C. United States Code

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.
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    \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.
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    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.
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    \3\ The term launch is defined in 51 U.S.C. 50902.
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    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 five 
reentry sites \4\ within the U.S. EEZ of the Coast Guard District Seven 
area of responsibility (AOR) expected to be used for the splashdown \5\ 
and recovery of reentry vehicles. All of these sites are off the coast 
of Florida (FL)--three are located in the Atlantic Ocean and two are 
located in the Gulf of Mexico.
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    \4\ Reentry site means the location on Earth to which a reentry 
vehicle is intended to return (as defined in a license the FAA 
Administrator issues or transfers under this chapter).
    \5\ Splashdown refers to the landing of a reentry vehicle into a 
body of water.
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    On April 20, 2022, we published a temporary final rule in the 
Federal Register (87 FR 23441) for two anticipated reentry vehicle 
recovery missions within the Coast Guard District Seven AOR offshore of 
Jacksonville, Daytona, Cape Canaveral, Tampa, 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 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.
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    \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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III. Discussion of Proposed Rule

    The Coast Guard is proposing to establish five 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 2022.
    The proposed temporary safety zones are located within the Coast 
Guard District Seven AOR offshore of Jacksonville, Daytona, and Cape 
Canaveral, FL, in the Atlantic Ocean, and Tampa and Tallahassee, FL, in 
the Gulf of Mexico. The proposed rule would prohibit U.S.-flagged 
vessels from entering any of the safety zones unless authorized by the 
District Commander of the Seventh Coast Guard District 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.
    Three of the five proposed temporary safety zones are located off 
the coast of FL in the Atlantic Ocean in the following areas: (1) 
Approximately 65 nautical miles (NM) northeast from Jacksonville; (2) 
29 NM northeast from Daytona; and (3) 17 NM east from Port Canaveral. 
The remaining two proposed temporary safety zones are located off the 
coast of FL in the Gulf of Mexico in the following areas: (1) 
Approximately 58 NM northwest from Tampa Bay; and (2) 43 NM south from 
Tallahassee. The Jacksonville, Daytona, Cape Canaveral, and Tampa 
safety zones have an approximate area of 256 square miles, and are 
diamond shaped with the top point of the diamond pointing to the North. 
The Tallahassee safety zone is approximately 59 square miles in size 
and is triangular in shape. The Tallahassee safety zone, as provided by 
NASA and SpaceX, is the same size and shape as the other four safety 
zones; however, only a portion of the safety zone is within the 
jurisdiction of the Seventh Coast Guard District, so only the 59 square 
miles is included in this proposed rule. The remaining portion of the 
safety zone falls within the Coast Guard District Eight AOR.
    The coordinates for the safety zones are based on the furthest 
north, east, south, and west points of the reentry vehicles splashdown 
and are determined from data and modeling by SpaceX and NASA. The 
coordinates take into account the trajectories of the reentry vehicles 
coming out of orbit, the potential risk to the public, and the 
proximity to medical facilities that meet NASA requirements. The 
specific coordinates for the five temporary safety zones are presented 
in the regulatory text at the end of this document.
    To the extent feasible, the District Commander or a designated 
representative would inform the public of the activation of the five 
temporary safety zones by Notice of Enforcement (NOE) published in the 
Federal Register at least two days before the reentry vehicle 
splashdown. The NOE 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 District Commander or 
designated representative would inform the public that only one of the 
five 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

[[Page 35699]]

mission and environmental factors, including atmospheric conditions, 
sea state, weather, and orbital calculations.
    The MSIB would include the geographic coordinates of the activated 
safety zone, a map identifying the location of the activated safety 
zone, and information related to potential hazards associated with a 
reentry vehicle splashdown and recovery operations associated with 
space activities, including marine environmental and public health 
hazards, such the release of hydrazine and other potential oil or 
hazardous substances.
    When the safety zone is activated, the District Commander 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\
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    \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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    After a reentry vehicle splashdown, the District 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 District 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 Atlantic Ocean and Gulf 
of Mexico. The proposed rule involves the establishment of five 
temporary safety zones which would be activated two days before a 
reentry vehicle splashdown and recovery operations. Twenty-four hours 
before a reentry vehicle splashdown, one of the five temporary safety 
zones would remain 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 proposed 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

[[Page 35700]]

Order 13175 (Consultation and Coordination with Indian Tribal 
Governments) because it would not have a substantial direct effect on 
one or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes. If 
you believe this 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 five temporary safety zones which would be activated 
two days before a reentry vehicle splashdown and recovery operations. 
Twenty-four hours before a reentry vehicle splashdown, one of the five 
temporary safety zones would remain 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-2022-0289 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; section 8343 of Pub. L. 116-
283, 134 Stat. 3388, 4710; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; 
Department of Homeland Security Delegation No. 00170.1, Revision No. 
01.2.

0
2. Add Sec.  165.T07-0289 to read as follows:


Sec.  165.T07-0289  Safety Zones in Reentry Sites; Jacksonville, 
Daytona, Cape Canaveral, Tampa, and Tallahassee, Florida.

    (a) Location. The coordinates used in this paragraph are based on 
the World Geodetic System (WGS) 1984. The following areas are safety 
zones:
    (1) Jacksonville Site. All waters from surface to bottom 
encompassed within a line connecting the following points: Point 1, 
thence to Point 2, thence to Point 3, thence to Point 4, and then back 
to Point 1.

                        Table to Paragraph (a)(1)
------------------------------------------------------------------------
 
------------------------------------------------------------------------
Point 1.......................  31[deg]06'28'' N     080[deg]15'00'' W
Point 2.......................  30[deg]55'01'' N     080[deg]01'40'' W
Point 3.......................  30[deg]43'30'' N     080[deg]15'00'' W
Point 4.......................  30[deg]55'01'' N     080[deg]28'19'' W
------------------------------------------------------------------------

    (2) Daytona Site. All waters from surface to bottom encompassed 
within a line connecting the following points: Point 1, thence to Point 
2, thence to Point 3, thence to Point 4, and then back to Point 1.

                        Table to Paragraph (a)(2)
------------------------------------------------------------------------
 
------------------------------------------------------------------------
Point 1.......................  29[deg]59'27'' N     080[deg]40'01'' W
Point 2.......................  29[deg]48'00'' N     080[deg]26'52'' W
Point 3.......................  29[deg]36'32'' N     080[deg]40'01'' W
Point 4.......................  29[deg]48'00'' N     080[deg]53'09'' W
------------------------------------------------------------------------

    (3) Cape Canaveral Site. All waters from surface to bottom 
encompassed within a line connecting the following points: Point 1, 
thence to Point 2, thence to Point 3, thence to Point 4, and then back 
to Point 1.

[[Page 35701]]



                        Table to Paragraph (a)(3)
------------------------------------------------------------------------
 
------------------------------------------------------------------------
Point 1.......................  29[deg]02'27'' N     080[deg]13'48'' W
Point 2.......................  28[deg]51'00'' N     080[deg]00'46'' W
Point 3.......................  28[deg]39'32'' N     080[deg]13'48'' W
Point 4.......................  28[deg]51'00'' N     080[deg]26'49'' W
------------------------------------------------------------------------

    (4) Tampa Site. All waters from surface to bottom encompassed 
within a line connecting the following points: Point 1, thence to Point 
2, thence to Point 3, thence to Point 4, and then back to Point 1.

                        Table to Paragraph (a)(4)
------------------------------------------------------------------------
 
------------------------------------------------------------------------
Point 1.......................  28[deg]17'27'' N     083[deg]54'00'' W
Point 2.......................  28[deg]06'00'' N     083[deg]41'02'' W
Point 3.......................  27[deg]54'32'' N     083[deg]54'00'' W
Point 4.......................  28[deg]06'00'' N     084[deg]06'57'' W
------------------------------------------------------------------------

    (5) Tallahassee Site. All waters from surface to bottom encompassed 
within a line connecting the following points: Point 1, thence to Point 
2, thence to Point 3, and then back to Point 1.

                        Table to Paragraph (a)(5)
------------------------------------------------------------------------
 
------------------------------------------------------------------------
Point 1.......................  29[deg]22'38'' N     084[deg]05'20'' W
Point 2.......................  29[deg]16'58'' N     083[deg]58'55'' W
Point 3.......................  29[deg]06'20'' N     084[deg]11'12'' W
------------------------------------------------------------------------

    (b) Definitions. As used in this section--
    Designated representative means a Coast Guard Captain of the Port 
(COTP) in the Seventh Coast Guard District; Coast Guard Patrol 
Commander, including a Coast Guard coxswain, petty officer, or other 
officer operating a Coast Guard vessel; Coast Guard Representatives in 
the Merrill Operations Center; and other officers designated by the 
District Commander of the Seventh Coast Guard District or cognizant 
COTP.
    District Commander means Commander of the Seventh Coast Guard 
District.
    Reentry Services means activities involved in the preparation of a 
reentry vehicle and payload, crew (including crew training), government 
astronaut, or space flight participant, if any, for reentry; and the 
conduct of a reentry.
    Reentry vehicle means a vehicle designed to return from Earth orbit 
or outer space to Earth, or a reusable launch vehicle designed to 
return from Earth orbit or outer space to Earth, substantially intact.
    Space Support Vessel means any vessel engaged in the support of 
space activities. These vessels are typically approximately 170 feet in 
length, have a forward wheelhouse, and are equipped with a helicopter 
pad and lifting crane.
    Splashdown means the landing of a reentry vehicle into a body of 
water.
    (c) Regulations. (1) Because the safety zones described in 
paragraph (a) of this section are within the U. S. Exclusive Economic 
Zone, only U.S.-flagged vessels are subject to enforcement. All 
foreign-flagged vessels are encouraged to remain outside the safety 
zones.
    (2) In accordance with the general regulations in 33 CFR part 165, 
subpart C, no U.S.-flagged vessel may enter the safety zones described 
in paragraph (a) of this section unless authorized by the District 
Commander or a designated representative, except as provided in 
paragraph (d)(3) of this section.
    (d) Notification of Enforcement. (1) To the extent feasible, the 
District Commander or a designated representative will inform the 
public of the activation of the five safety zones described in 
paragraph (a) of this section by Notice of Enforcement published in the 
Federal Register at least two days before the splashdown.
    (2) To the extent possible, twenty-four hours before a reentry 
vehicle splashdown, the District Commander or designated representative 
will inform the public that only one of the five safety zones described 
in paragraph (a) will remain activated until announced by Broadcast 
Notice to Mariners on VHF-FM channel 16, and/or Marine Safety 
Information Bulletin (as appropriate) that the safety zone is no longer 
subject to enforcement.
    (3) After a reentry vehicle splashdown, the District Commander 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 District 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 December 31, 2022.

    Dated: June 6, 2022.
Brendan C. McPherson,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard 
District.
[FR Doc. 2022-12540 Filed 6-10-22; 8:45 am]
BILLING CODE 9110-04-P


