[Federal Register Volume 87, Number 196 (Wednesday, October 12, 2022)]
[Rules and Regulations]
[Pages 61508-61512]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-22235]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2022-0840]
RIN 1625-AA00


Safety Zones; Pensacola, Panama City, and Tallahassee, Florida

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: This temporary final 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 establishing 
three temporary safety zones for the safe splashdown and recovery of 
reentry vehicles launched by Space Exploration Technologies Corporation 
(SpaceX) in support of the National Aeronautics and Space 
Administration (NASA) from October 12, 2022 until November 10, 2022. 
These three temporary safety zones are located within the Captain of 
the Port Sector Mobile area of responsibility offshore of Pensacola, 
Panama City, and Tallahassee, Florida. This rule would prohibit U.S. 
flagged vessels from entering any of the temporary safety zones unless 
authorized by the Captain of the Port Sector Mobile or a designated 
representative. Foreign-flagged vessels would be encouraged to remain 
outside the safety zones. This action is necessary to protect vessels 
and waterway users from the potential hazards created by reentry 
vehicle splashdowns and recovery operations in the U.S. Exclusive 
Economic Zone (EEZ). It is also necessary to provide for the safe 
recovery of reentry vehicles, and any personnel involved in reentry 
services, after the splashdown.

DATES: This rule is effective from October 12, 2022 through November 
10, 2022.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2022-0840 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 Andrew Anderson, Sector Mobile Chief of 
Waterways (spw), U.S. Coast Guard; telephone (251) 441-5768, email 
[email protected].

[[Page 61509]]


SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
EEZ Exclusive Economic Zone
FR Federal Register
NASA National Aeronautics and Space Administration
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code
SpaceX Space Exploration Technologies Corporation

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. In accordance 
with 51 U.S.C. Section 50902, ``reentry vehicle'' is defined as a 
vehicle designed to return from Earth orbit or outer space to Earth, or 
a reusable launch vehicle designed to return from Earth orbit or outer 
space to Earth, substantially intact. SpaceX, a U.S. company, has 
identified three reentry sites \4\ within the U.S. EEZ of the Captain 
of the Port Sector Mobile area of responsibility (AOR) expected to be 
used for the splashdown \5\ and recovery of reentry vehicles. All of 
these sites are located in the Gulf of Mexico off the Coast of Florida 
(FL).
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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 August 22, 2022, we published a temporary final rule in the 
Federal Register (87 FR 51253) for an anticipated reentry vehicle 
recovery missions within the Captain of the Port Sector Mobile AOR 
offshore of Panama City, Pensacola, and Tallahassee, FL, from August 
22, 2022, through September 30, 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. We also previously 
published a temporary final rule in the Federal Register (87 FR 51253) 
for anticipated reentry vehicle recovery missions from April 17, 2022 
through May 15, 2022.
    The purpose of this rule 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 rule 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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    The Coast Guard is issuing this temporary rule without prior notice 
and opportunity to comment pursuant to authority under section 4(a) of 
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing an NPRM with respect to this rule 
because it is impracticable and contrary to the public interest. The 
National Aeronautics and Space Administration (NASA) Crew-4 capsule 
recovery mission was approved and scheduled less than 30 days before 
the need for the three safety zones to be in place starting on October 
12, 2022. Publishing an NPRM would be impracticable and contrary to the 
public interest since the missions would begin before completion of the 
rulemaking process, thereby inhibiting the Coast Guard's ability to 
protect against the hazards associated with the recovery missions.
    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. Delaying the effective date of 
this rule would be impracticable and contrary to the public interest 
because the temporary safety zones must be established by October 12, 
2022, to mitigate safety concerns during the capsule recovery missions.

III. Discussion of Proposed Rule

    The Coast Guard is establishing three temporary safety zones in the 
U.S. EEZ for the safe reentry vehicle splashdown and recovery of 
reentry vehicles launched by SpaceX in support of NASA missions between 
October 12, 2022 and November 10, 2022, with one vehicle recovery 
taking place in the month of October and one vehicle recovery taking 
place in the month of November.
    The temporary safety zones are located within the Captain of the 
Port Sector Mobile AOR offshore of Panama City, Pensacola, and 
Tallahassee, FL in the Gulf of Mexico. The temporary final rule 
prohibits U.S.-flagged vessels from entering any of the safety zones 
unless authorized by the Captain of the Port Sector Mobile or a 
designated representative. Because the safety zones are within the U.S. 
EEZ, only U.S.-flagged vessels would be subject to enforcement. 
However, all foreign-flagged vessels are encouraged to remain outside 
the safety zones.
    The three temporary safety zones are located off the coast of FL in 
the Gulf of Mexico in the following areas:
    (1) Pensacola site: All waters from surface to bottom encompassed 
within the following coordinates connecting a line from Point 1, thence 
to Point 2, thence to Point 3, and thence to point 4, connecting back 
to Point 1:

------------------------------------------------------------------------
 
------------------------------------------------------------------------
Point 1.......................  29.991[deg] N        -087.500[deg] W
Point 2.......................  29.800[deg] N        -087.281[deg] W
Point 3.......................  29.609[deg] N        -087.500[deg] W
Point 4.......................  29.800[deg] N        -087.500[deg] W
------------------------------------------------------------------------

    (2) Panama City site: All waters from surface to bottom encompassed 
within the following coordinates connecting a line from Point 1, thence 
to Point 2,

[[Page 61510]]

thence to Point 3, and thence to point 4, connecting back to Point 1:

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Point 1.......................  29.907[deg] N        -086.183[deg] W
Point 2.......................  29.716[deg] N        -085.964[deg] W
Point 3.......................  29.525[deg] N        -086.183[deg] W
Point 4.......................  29.716[deg] N        -086.402[deg] W
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    (3) Tallahassee site: All waters from surface to bottom encompassed 
within the following coordinates connecting a line from Point 1, thence 
to Point 2, thence to Point 3, and thence to point 4, connecting back 
to Point 1:

------------------------------------------------------------------------
 
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Point 1.......................  29.474[deg] N        -084.200[deg] W
Point 2.......................  29.283[deg] N        -083.982[deg] W
Point 3.......................  29.092[deg] N        -084.200[deg] W
Point 4.......................  29.283[deg] N        -084.418[deg] W
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    The coordinates for the safety zones are based on the furthest 
north, east, south, and west points of the reentry vehicles splashdown 
and are determined from data and modeling by SpaceX and NASA. The 
coordinates take into account the trajectories of the reentry vehicles 
coming out of orbit, the potential risk to the public, and the 
proximity to medical facilities that meet NASA requirements. The 
specific coordinates for the three temporary safety zones are presented 
in the regulatory text at the end of this document.
    To the extent feasible, the Captain of the Port Sector Mobile or a 
designated representative will inform the public of the activation of 
the three temporary safety zones by Broadcast Notice to Mariners (BNM) 
on VHF-FM channel 16 and/or Marine Safety Information Bulletin (MSIB) 
(as appropriate) at least two days before the reentry vehicle 
splashdown. These broadcasts will 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 Captain of the Port Sector 
Mobile or designated representative will inform the public that only 
one of the three safety zones would 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 Captain of the Port Sector 
Mobile or a 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.\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 Captain of the Port Sector 
Mobile or a designated representative will grant general permission to 
come no closer than three nautical miles 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 Captain of the Port Sector Mobile 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 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).
    This regulatory action determination is based on the size, 
location, duration, and scope of the safety zones. The safety zones are 
limited in size and location to only those areas where capsule re-entry 
is reasonably occurs. The safety zones are limited in scope, as vessel 
traffic will be able to safely transit around the safety zones which 
will impact a small part of the United States exclusive economic zone 
(EEZ) within the Gulf of Mexico.

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 safety zone activation and thus restriction to the public is 
expected to be approximately two hours per capsule recovery, and we 
anticipate one splash down during the effective period of this rule. 
Vessels would be able to transit around the activated safety zone 
location during this recovery. We do not anticipate any significant 
economic impact resulting from activation of the safety zones.
    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

[[Page 61511]]

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 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 
establishing of three temporary safety zones, one of which may be 
activated on one occasion for approximately two hours between October 
12, 2022 and November 10, 2022 for a SpaceX and NASA mission. 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. Add Sec.  165.T08-0840 to read as follows:


Sec.  165.T08-0840  Safety Zones; Pensacola, Panama City, 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) Pensacola site. All waters from surface to bottom encompassed 
within the following coordinates connecting a line from Point 1, thence 
to Point 2, thence to Point 3, and thence to point 4, connecting back 
to Point 1:

                       Table 1 to Paragraph (a)(1)
------------------------------------------------------------------------
 
------------------------------------------------------------------------
Point 1.......................  29.991[deg] N        -087.500[deg] W
Point 2.......................  29.800[deg] N        -087.281[deg] W
Point 3.......................  29.609[deg] N        -087.500[deg] W
Point 4.......................  29.800[deg] N        -087.500[deg] W
------------------------------------------------------------------------

    (2) Panama City site. All waters from surface to bottom encompassed 
within the following coordinates connecting a line from Point 1, thence 
to Point 2, thence to Point 3, and thence to point 4, connecting back 
to Point 1:

                       Table 2 to Paragraph (a)(2)
------------------------------------------------------------------------
 
------------------------------------------------------------------------
Point 1.......................  29.907[deg] N        -086.183[deg] W
Point 2.......................  29.716[deg] N        -085.964[deg] W
Point 3.......................  29.525[deg] N        -086.183[deg] W
Point 4.......................  29.716[deg] N        -086.402[deg] W
------------------------------------------------------------------------

    (3) Tallahassee site. All waters from surface to bottom encompassed 
within the following coordinates connecting a line from Point 1, thence 
to Point 2, thence to Point 3, and thence to point 4, connecting back 
to Point 1:

                       Table 3 to Paragraph (a)(3)
------------------------------------------------------------------------
 
------------------------------------------------------------------------
Point 1.......................  29.474[deg] N        -084.200[deg] W
Point 2.......................  29.283[deg] N        -083.982[deg] W
Point 3.......................  29.092[deg] N        -084.200[deg] W
Point 4.......................  29.283[deg] N        -084.418[deg] W
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    (b) Definitions. As used in this section--
    Designated representative means a Coast Guard Captain of the Port 
Sector Mobile; Coast Guard Patrol Commanders including Coast Guard 
coxswains, petty officers and other officers operating a Coast Guard 
vessel; Coast Guard Representatives in the Merrill Operations Center; 
and other officers designated by the Captain of the Port Sector Mobile 
or assisting the Captain of the Port Sector Mobile in the enforcement 
of the safety zones.
    Reentry Services means:
    (1) Activities involved in the preparation of a reentry vehicle and 
payload, crew (including crew training), government astronaut, or space 
flight participant, if any, for reentry; and
    (2) The conduct of a reentry.
    Reentry Vehicle means a vehicle designed to return from Earth orbit 
or outer space to Earth, or a reusable launch vehicle designed to 
return from Earth orbit or outer space to Earth, substantially intact.
    Space Support Vessel means any vessel engaged in the support of 
space activities. These vessels are typically approximately 170 feet in 
length, have a forward wheelhouse, and are

[[Page 61512]]

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 subpart C of this 
part, no U.S. flagged vessel may enter the safety zones described in 
paragraph (a) of this section unless authorized by the Captain of the 
Port Sector Mobile or a designated representative, except as provided 
in paragraph (d)(3) of this section.
    (d) Enforcement periods. (1) To the extent possible, at least two 
days before a reentry vehicle splashdown, the Captain of the Port 
Sector Mobile or designated representative will inform the public of 
the activation of the three safety zones described in paragraph (a) of 
this section by Broadcast Notice to Mariners on VHF-FM channel 16, and/
or Marine Safety Information Bulletin (as appropriate) for at least two 
days before the splashdown.
    (2) To the extent possible, twenty-four hours before a reentry 
vehicle splashdown, the Captain of the Port Sector Mobile or designated 
representative will inform the public that only one of the three safety 
zones described in paragraph (a) will remain activated until announced 
by Broadcast Notice to Mariners on VHF-FM channel 16, and/or Marine 
Safety Information Bulletin (as appropriate) that the safety zone is no 
longer subject to enforcement.
    (3) After a reentry vehicle splashdown, the Captain of the Port 
Sector Mobile or a designated representative will grant general 
permission to come no closer than three 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 Captain of the Port Sector Mobile 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 rule is subject to enforcement from 
October 12, 2022 until November 10, 2022.

    Dated: October 6, 2022.
Ulysses S. Mullins,
Captain Commander, Coast Guard Sector Mobile, Captain of the Port 
Mobile.
[FR Doc. 2022-22235 Filed 10-7-22; 4:15 pm]
BILLING CODE 9110-04-P


