[Federal Register Volume 87, Number 246 (Friday, December 23, 2022)]
[Rules and Regulations]
[Pages 78864-78869]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-27730]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2022-0806]
RIN 1625-AA00


Safety Zones in Reentry Sites; Jacksonville, Daytona, Cape 
Canaveral, Tampa, and Tallahassee, Florida

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is re-establishing 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) and privately 
chartered missions. The temporary safety zones are located within the 
Seventh Coast Guard District area of responsibility (AOR) offshore of 
Jacksonville, Daytona, Cape Canaveral, Tampa, and Tallahassee, Florida. 
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. This rule 
prohibits U.S.-flagged vessels from entering any of the temporary 
safety zones unless authorized by the District Commander of the Seventh 
Coast Guard District, the relevant Captain of the Port, or a designated 
representative.

DATES: This rule is effective from January 1, 2023, through February 4, 
2024.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2022-0806 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 about this 
rulemaking, call or email Lieutenant Ryan Gilbert, District 7 Waterways 
Division (dpw), U.S. Coast Guard; telephone (305) 415-6748, email 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

AOR Area of Responsibility
AIS Automatic Identification System
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
GA Georgia
MSIB Marine Safety Information Bulletin
NASA National Aeronautics and Space Administration
NMFS National Marine Fisheries Service
NOAA National Oceanic and Atmospheric 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
USFWS U.S. Fish and Wildlife Service

II. Background Information and Regulatory History

    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

[[Page 78865]]

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, 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 and 
recovery of reentry vehicles. All these sites are off the coast of 
Florida (FL) and Georgia (GA)--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).
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    On August 4, 2022, the Coast Guard published a temporary final rule 
(TFR) \5\ in the Federal Register establishing five temporary safety 
zones for the safe splashdown and recovery of reentry vehicles launched 
by SpaceX in support of NASA missions. See 33 CFR 165.T07-0289. These 
temporary regulations expire on December 31, 2022.
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    \5\ See Coast Guard temporary final rule titled, ``Safety Zones 
in Reentry Sites; Jacksonville, Daytona, Cape Canaveral, Tampa, and 
Tallahassee, Florida'' (87 FR 47626).
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    On October 21, 2022, the Coast Guard published a notice of proposed 
rulemaking (NPRM) in the Federal Register titled, ``Safety Zones in 
Reentry Sites; Jacksonville, Daytona, Cape Canaveral, Tampa, and 
Tallahassee, Florida.'' \6\ In the NPRM, we stated the purpose of the 
rulemaking was to create five temporary safety zones off the coast of 
FL and GA that would ensure the protection of vessels and waterway 
users in the U.S. Exclusive Economic Zone (EEZ) \7\ from the potential 
hazards created by reentry vehicle splashdowns \8\ and recovery 
operations, and the safe recovery of reentry vehicles and personnel 
involved in reentry services.\9\ The NPRM invited comments on the 
proposed rule. During the comment period that ended November 21, 2022, 
we received four comment submissions.
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    \6\ 87 FR 63981.
    \7\ 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.
    \8\ Splashdown refers to the landing of a reentry vehicle into a 
body of water.
    \9\ 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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    With this TFR, the Coast Guard is ensuring the five temporary 
safety zones created by this TFR are in place for the safe reentry 
vehicle splashdown and recovery of reentry vehicles missions launched 
by SpaceX in support of NASA missions, and privately chartered missions 
during the remaining period of the pilot program, from January 1, 2023, 
through February 4, 2024.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under section 8343 of the 
Authorization Act. The Seventh District Commander has determined there 
are potential hazards in the U.S. EEZ created by reentry vehicle 
splashdowns and recovery operations, and the safe recovery of reentry 
vehicles and personnel involved in reentry services. The purpose of 
this rule is to ensure safety of vessels, reentry vehicles, personnel 
involved in reentry services and the navigable waters in the safety 
zone, whenever a splashdown occurs.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register because this rule is needed to 
ensure there is no lapse in coverage when the existing regulations in 
Sec.  165.T07-0289 expire on December 31, 2022. Delaying the effective 
date of this rule would be impracticable and contrary to the public 
interest because the Cargo Resupply Mission 26 (CRS-26) is scheduled to 
splashdown in early January 2023, and the rule needs to be effective 
before the splashdown occurs. Delaying the enforcement of this rule to 
allow a 30-day effective period would inhibit the Coast Guard's ability 
to fulfill its mission 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.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received four comment submissions on our NPRM 
that published in the Federal Register on October 21, 2022. The 
commenters expressed concerns regarding commercial fisheries and 
related economic impacts, potential environmental impacts, and the 
Coast Guard's notification process. These issues are discussed below.
    Several commenters asked whether the Coast Guard had engaged with 
the National Oceanic and Atmospheric Administration (NOAA) National 
Marine Fisheries Service (NMFS); inquired whether the reentry vehicle 
splashdown and recovery operations complied with the National 
Environmental Policy Act (NEPA); requested further analyses on the 
potential releases of hazardous substances by reentry vehicles; and 
inquired about the potential impacts to the marine environment and 
commercial fisheries stocks.
    While the Coast Guard did not engage NOAA NMFS, the Coast Guard 
prepared a preliminary Record of Environmental Consideration (REC) at 
the NPRM stage and a final REC for this rulemaking stage (see section 
F. Environment in this document). These reviews aided the Coast Guard 
in determining that fisheries stocks would not be impacted. 
Furthermore, this rulemaking involves the creation of temporary safety 
zones that will only be activated periodically for relatively short 
time periods. In most cases the safety zones will be activated for four 
hours or less, therefore any impact on fisheries stocks would be 
insignificant.
    As discussed in the environmental section of our NPRM and in this 
document, the Coast Guard determined this rulemaking is categorically

[[Page 78866]]

excluded (CATEX) \10\ under NEPA from undergoing a detailed 
environmental analysis in an Environmental Assessment or Environmental 
Impact Statement because the activities have been determined to 
normally not have the potential, individually or cumulatively, to have 
a significant effect on the human environment. Reentry vehicle 
splashdown activities are licensed by the FAA. During the FAA licensing 
process, and in various rulemakings and related environmental reviews 
promulgated by the FAA, many of the issues related to fishery and 
environmental concerns were addressed. Most notably, the FAA completed 
an extensive Environmental Assessment (FAA EA) in July of 2020.\11\ In 
that EA, the FAA consulted with the U.S. Fish and Wildlife Service 
(USFWS) and the NMFS. The Coast Guard is establishing these temporary 
safety zones 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.
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    \10\ This rule 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.
    \11\ https://www.faa.gov/space/environmental/nepa_docs.
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    Three commenters expressed concerns about the economic impact on 
commercial vessels of various sizes and types, the economic impact on 
small fishing businesses, along with other impacts on recreational 
vessels due to closures for reentry or recovery operations. This 
rulemaking will not have a significant impact on any type of commercial 
or recreational fishing vessel activity because all vessels would be 
able to transit around the activated temporary safety zone, during the 
recovery, and the recovery would be relatively short in duration. The 
activated temporary safety zone will typically be enforced for 
approximately four hours, and no more than eight hours in extremely 
extenuating circumstances. The Coast Guard is taking significant 
actions to minimize, to the extent possible, the impact on commercial 
and recreational waterway use. Ultimately the Coast Guard deems the 
benefits and needs for the creation of the five temporary safety zones, 
to provide protection to vessels and waterway users from the potential 
hazards created by reentry vehicle splashdowns and recovery operations 
while providing for the safe recovery of reentry vehicles, and any 
personnel involved in reentry services, to exceed the indirect impacts 
on the entities the commenters noted.
    Several commenters expressed concerns about public notification. 
While it is not necessary to modify the rule's regulatory text, 
additional explanation of the intended notification methods is merited. 
Four commenters suggested expanding the means to notify fisherman 
beyond the proposed Broadcast Notice to Mariners (BNM) on VHF-FM 16, 
and/or Marine Safety Information Bulletins (MSIB) to optimize 
notification to commercial and recreational fishing vessels. The Coast 
Guard will continue to provide proper notification to all marine 
transportation system users through available platforms to maintain 
timely and current information with regards to space launch and 
recovery operations. If waterway users are concerned, they will not be 
able to get this information in a timely manner, or they will not see 
the notices or broadcasts the Coast Guard distributes and publishes, 
they have the ability sign up for email updates on the Coast Guard's 
Navigation Center's website.\12\
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    \12\ https://www.navcen.uscg.gov/broadcast-notice-to-mariners.
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    Three commenters requested that reentry safety zones be clearly 
identified on digital navigation or Automatic Identification System 
(AIS) charts for all waterway users to have access to, to reduce the 
need to input coordinates each time a notification is issued. The Coast 
Guard is evaluating different options to provide mariners with an 
efficient way including, plotting the temporary safety zones in the 
NOAA charts and AIS broadcasts.
    Two commenters inquired about how they would be notified when the 
temporary safety zones are enforced. Upon notification of a reentry 
vehicle's reentry, the Coast Guard would activate all five temporary 
safety zones to serve as a cautionary warning that a reentry vehicle 
could splashdown in one of the five temporary safety zones during the 
specified time period. However, only one of the five temporary safety 
zones will be enforced for the window of time of the reentry vehicle 
splashdown and recovery. Once the Coast Guard receives confirmation 
from NASA or SpaceX, where the reentry vehicle will splashdown, usually 
within 24 hours of the reentry vehicle splashdown, the public will be 
notified that only one of the five temporary safety zones will be 
enforced, all other temporary safety zones will be deactivated. The 
notification of enforcement that the Coast Guard publishes in the 
Federal Register will set out the specific times that the one temporary 
safety zone will be closed (enforced), and it will typically be no more 
than six hours. This will allow the Coast Guard to ensure the activated 
temporary safety zone is cleared prior to the reentry vehicle's 
reentry. After the Coast Guard receives notification that the reentry 
vehicle's recovery operation is complete, the temporary safety zone 
enforcement will be deactivated, and mariners will be notified of the 
deactivation via VHF-FM Channel 16.
    The Coast Guard identified in an internal review that the 
Jacksonville reentry site, as provided by NASA and SpaceX, straddles 
the border of the Jacksonville COTP zone and the Savannah COTP zone. 
The coordinates of the Jacksonville reentry site safety zone itself has 
not changed. Moving forward, the COTP Savannah will follow the same 
notification procedures as the COTP Jacksonville, and the COTP St. 
Petersburg, at least as it pertains to the portion of the safety zone 
that falls under the Savannah COTP zone. The only change in regulatory 
text to this rule, from the proposed rule in the NPRM, is the addition 
of the Captain of the Port of Savannah to the definition of Captain of 
the Port.
    When discussing all these issues it is important to reiterate that 
all these safety zones are part of a pilot program, and this is a newly 
established authority for the Coast Guard. This means, all these 
processes are new, and part of a larger Coast Guard initiative to 
establish how to best regulate these types of issues. With every 
recovery operation, the Coast Guard seeks to further streamline the 
process, and make it more efficient for the public, and those operating 
reentry vehicles because at the end of the pilot program the Coast 
Guard is required to brief the Committee on Transportation and 
Infrastructure of the House of Representatives and the Committee on 
Commerce, Science, and Transportation of the Senate.\13\
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    \13\ Section 8343 of the Authorization Act.
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    With this TFR, the Coast Guard is ensuring that the five temporary 
safety zones created by this TFR are in place for the safe reentry 
vehicle splashdown and recovery of reentry vehicles launched by SpaceX 
in support of NASA and privately chartered missions from January 1, 
2023, through February 4, 2024.
    The temporary safety zones are in the U.S. EEZ 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 rule prohibits U.S.-

[[Page 78867]]

flagged vessels from entering any of the safety zones unless authorized 
by the District Commander, a Coast COTP, or a designated 
representative. Because the safety zones are within the U.S. EEZ, only 
U.S.-flagged vessels will be subject to enforcement. However, all 
foreign-flagged vessels are encouraged to remain outside the safety 
zones.
    Three of the five temporary safety zones are located off the coast 
of FL and GA 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 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 
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, COTP,\14\ or 
designated representative will 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 will identify the approximate date(s) 
during which a reentry vehicle splashdown and recovery operations will 
occur. The District Commander, or the COTP Savannah, and COTP 
Jacksonville will issue the NOEs for the safety zone located in 
Jacksonville. The District Commander, or COTP Jacksonville will issue 
the NOEs for the safety zone located in Daytona, and Cape Canaveral, 
FL. The District Commander or COTP St. Petersburg will issue the NOEs 
for the safety zones located Tampa and Tallahassee, FL.
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    \14\ The Daytona, and Cape Canaveral, FL zones in the COTP 
Jacksonville AOR, along with a portion of the Jacksonville zone. The 
remaining portion of the Jacksonville zone is in the COTP Savannah 
AOR. The zones in the COTP St. Petersburg AOR are Tampa and 
Tallahassee, FL.
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    To the extent possible, twenty-four hours before a reentry vehicle 
splashdown and recovery operations, the District Commander, COTP, or 
designated representative will inform the public whether one of the 
five safety zones will remain activated (subject to enforcement) until 
announced by BNM on VHF-FM channel 16, and/or MSIB (as appropriate) 
that the safety zone is no longer subject to enforcement. The specific 
temporary safety zone to be enforced will be based on varying mission 
and environmental factors, including atmospheric conditions, sea state, 
weather, and orbital calculations.
    The MSIB will include the geographic coordinates of the activated 
safety zone, a map identifying the location of the activated safety 
zone, and information related to potential hazards associated with a 
reentry vehicle splashdown and recovery operations associated with 
space activities, including marine environmental and public health 
hazards, such the release of hydrazine and other potential oil or 
hazardous substances.
    When the safety zone is activated, the District Commander, COTP, or 
designated representative will be able to restrict U.S.-flagged vessel 
movement including but not limited to transiting, anchoring, or mooring 
within the safety zone to protect vessels from hazards associated with 
space activities. The activated safety zone will ensure the protection 
of vessels and waterway users from the potential hazards created by 
reentry vehicle splashdowns and recovery operations. This includes 
protection during the recovery of a reentry vehicle, and the protection 
of personnel involved in reentry services and space support 
vessels.\15\
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    \15\ 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, COTP, 
or designated representative will 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, COTP, 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.

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, 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. This rule involves the establishment of five temporary 
safety zones which will be activated two days before a reentry vehicle 
splashdown and recovery operations. Twenty-four hours before a reentry 
vehicle splashdown, the Coast Guard will inform the public whether any 
of the five temporary safety zones will remain activated. If one of the 
safety zones remains activated, the safety zone will be enforced for

[[Page 78868]]

approximately four hours prior to a reentry vehicle splashdown and 
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. 
After the reentry vehicle splashdown, general permission will 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 will no longer be 
subject to enforcement. The activated safety zone will 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 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 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 (Public Law 104-121), we want to assist small 
entities in understanding this rule. If the rule would affect your 
small business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
call or email the person listed in the FOR FURTHER INFORMATION CONTACT 
section. 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 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 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 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 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 rule would not result 
in such an expenditure, we do discuss the potential 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 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 
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 
activated. If one of the safety zones remains activated, the safety 
zone will be enforced for approximately four hours prior to a reentry 
vehicle splashdown and remain activated until announced by BNM on VHF-
FM channel 16, and/or MSIB (as appropriate) that the safety zone is no 
longer subject to enforcement. 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 
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 amend 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:


[[Page 78869]]


    Authority: 46 U.S.C. 70034, 70051, 70124; 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.T07-0806 to read as follows:


Sec.  165.T07-0806  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 1 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 2 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.

                       Table 3 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 4 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 5 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--
    District Commander means Commander of the Seventh Coast Guard 
District.
    Captain of the Port means the Captain of the Port of Jacksonville, 
the Captain of the Port of Savannah, or the Captain of the Port of St. 
Petersburg.
    Designated representative means a 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.
    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, COTP, or designated representative, except as provided in 
paragraph (d)(3) of this section.
    (d) Notification of enforcement. (1) To the extent feasible, the 
District Commander, COTP, or 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, COTP, or designated 
representative will inform the public if 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, 
COTP, or 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, COTP, 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 January 1, 
2023, through February 4, 2024.

    Dated: December 16, 2022.
Brendan C. McPherson,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard 
District.
[FR Doc. 2022-27730 Filed 12-22-22; 8:45 am]
BILLING CODE 9110-04-P


