[Federal Register Volume 87, Number 76 (Wednesday, April 20, 2022)]
[Rules and Regulations]
[Pages 23441-23444]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-08425]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2022-0233]
RIN 1625-AA00


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

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing five temporary safety zones 
for the reentry of capsules launched by Space Exploration Technologies 
Corporation (Space X) in support of the Axiom and the National 
Aeronautics and Space Administration (NASA) Crew-3 capsule recovery 
missions. These five temporary safety zones are located within the 
Coast Guard District Seven area of responsibility offshore of Cape 
Canaveral, Daytona, Jacksonville, Tampa, and Tallahassee, Florida. The 
purpose of this rule is to ensure the safety of vessels, mariners, and 
the navigable waters in the safety zones before, during, and after the 
scheduled

[[Page 23442]]

event. This action is necessary to provide for the safe recovery of 
these capsules and astronauts in our exclusive economic zone and 
implements a special activities provision of the William M. (Mac) 
Thornberry National Defense Authorization Act for Fiscal Year 2021. 
This rule prohibits U.S. flagged vessels from being in the safety zones 
unless authorized by the Commander of the Seventh Coast Guard District 
or a designated representative.

DATES: This rule is effective without actual notice from April 20, 2022 
through May 15, 2022. For purposes of enforcement, actual notice will 
be used from April 17, 2022 until April 20, 2022.

ADDRESSES:  To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2022-0233 in the search box and click ``Search.'' Next, in the Document 
Type column, select ``Supporting & Related Material.''

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

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
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
COTP Captain of the Port
Space X Space Exploration Technologies Corporation

II. Background Information and Regulatory History

    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 a notice of proposed rulemaking (NPRM) 
with respect to this rule because it is impracticable and contrary to 
the public interest. The U.S. company, Space Exploration Technologies 
Corporation (Space X) Axiom-1 and the National Aeronautics and Space 
Administration (NASA) Crew-3 capsule recovery missions were approved 
and scheduled less than 30 days before the need for the five safety 
zones to be in place starting on April 17, 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 on April 17, 
2022, to mitigate safety concerns during the capsule recovery missions.

III. Legal Authority and Need for Rule

    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. Its section 8343 (134 Stat. 4710) 
calls for the Coast Guard to conduct a 2-year pilot program to 
establish and implement a process to establish safety zones to address 
special activities in the exclusive economic zone (EEZ).\1\ These 
special activities include space activities carried out by United 
States citizens. The Seventh District Commander, Captain of the Port 
Jacksonville, and Captain of the Port St. Petersburg have determined 
that potential hazards associated with the Space X Axiom-1 and the NASA 
Crew-3 capsule recovery missions present a safety concern for anyone 
within the perimeter of the five safety zones. The safety zones will 
only be activated at a reasonable time before a recovery mission and 
deactivated once the area is no longer hazardous. The purpose of this 
rule is to ensure the safety of astronauts, vessels, mariners, and the 
navigable waters in the safety zones before, during, and after the 
scheduled event. The Coast Guard is issuing this rule under authority 
of section 8343 of the Authorization Act and 46 U.S.C. 70034.
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    \1\ The Coast Guard defines the exclusive economic zone in 33 
CFR 2.30.
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IV. Discussion of the Rule

    The Coast Guard is establishing five temporary safety zones. The 
Space X Axiom-1 and Crew-3 recovery missions may occur within one of 
the five following sites: Cape Canaveral, Daytona, Jacksonville, Tampa, 
and Tallahassee, Florida. Based on mission and environmental factors, 
Space X and NASA will determine which of the sites will be utilized 
approximately one day before capsule reentry and recovery. The 
appropriate safety zone will then be activated at a reasonable time 
before the recovery mission and deactivated once the area is no longer 
hazardous. Coast Guard District Eight may also establish temporary 
safety zones for recovery missions in its respective area of 
responsibility for these missions.
    The five temporary safety zones are listed below and include all 
waters within the coordinates from surface to bottom. The coordinates 
are based on the projected reentry locations as determined from 
telemetry data and modeling by Space X.
    (1) Cape Canaveral site:

------------------------------------------------------------------------
 
------------------------------------------------------------------------
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
Point 5.......................  29[deg]02'27'' N    080[deg]13'48'' W
------------------------------------------------------------------------

    (2) Daytona site:

------------------------------------------------------------------------
 
------------------------------------------------------------------------
Point 1.......................  29[deg]59'27'' N    080[deg]35'59'' W
Point 2.......................  29[deg]48'00'' N    080[deg]22'51'' W
Point 3.......................  29[deg]36'32'' N    080[deg]35'59'' W
Point 4.......................  29[deg]48'00'' N    080[deg]49'08'' W
Point 5.......................  29[deg]59'27'' N    080[deg]35'59'' W
------------------------------------------------------------------------

    (3) Jacksonville site:

------------------------------------------------------------------------
 
------------------------------------------------------------------------
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
Point 5.......................  31[deg]06'28'' N    080[deg]15'00'' W
------------------------------------------------------------------------

    (4) Tampa site:

------------------------------------------------------------------------
 
------------------------------------------------------------------------
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
Point 5.......................  28[deg]17'27'' N    083[deg]54'00'' W
------------------------------------------------------------------------

    (5) Tallahassee site:

------------------------------------------------------------------------
 
------------------------------------------------------------------------
Point 1.......................  29[deg]22'38'' N    084[deg]05'20'' W
Point 2.......................  29[deg]16'59'' N    083[deg]58'55'' W
Point 3.......................  29[deg]06'20'' N    084[deg]11'12'' W
Point 4.......................  29[deg]22'38'' N    084[deg]05'20'' W
------------------------------------------------------------------------

    When the safety zones are activated, the COTP or a designated 
representative will be able to restrict vessel movement including but 
not limited to transiting, anchoring, or mooring within the safety zone 
to protect vessels from hazards associated with rocket and capsule 
recovery missions. Active restrictions are based on mission specific 
recovery

[[Page 23443]]

exclusion areas provided by Space X and NASA, are temporary in nature, 
and would only be enacted and enforced at a reasonable time prior to 
and after a recovery. Since the safety zones fall in the EEZ, only 
United States flagged vessels are subject to safety zone enforcement. 
The determination of risk would be at the discretion of the COTP and 
informed by the mission specific recovery exclusion areas provided by 
Space X and NASA.
    The COTP will inform the public of the activation or status of the 
safety zones by Local Notice to Mariners and Broadcast Notice to 
Mariners on VHF-FM channel 16.

V. Regulatory Analyses

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

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. This rule has not been designated a ``significant 
regulatory action'' under Executive Order 12866. Accordingly, this rule 
has not been reviewed by the Office of Management and Budget (OMB).
    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 expected to occur. Of the five safety zones, only one may 
will be activated for approximately two hours and only at a reasonable 
time prior to re-entry, then deactivated once the area is no longer 
hazardous. 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 Atlantic Ocean and 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 total time of the safety zone activation and thus restriction 
to the public is expected to be approximately two hours per capsule 
recovery, of which two instances are projected during prior to the 
expiration of this rule. Vessels would 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.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this rule. If the rule would affect your 
small business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
call or email the person listed in the FOR FURTHER INFORMATION CONTACT 
section.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

C. Collection of Information

    This rule will not call for a new collection of information under 
the 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 five temporary safety zones, one of which may be 
activated on two occasions for approximately two hours between April 
17, 2022 and May 15, 2022 for a Space X 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.

[[Page 23444]]

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.T07-0233 to read as follows:


Sec.  165.T07-0233  Safety Zones; Cape Canaveral, Daytona, Tampa, 
Jacksonville, and Tallahassee, Florida.

    (a) Location. The following areas are safety zones:
    (1) Cape Canaveral 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, thence to Point 4, 
connecting back to Point 5:

------------------------------------------------------------------------
 
------------------------------------------------------------------------
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
Point 5.......................  29[deg]02'27'' N    080[deg]13'48'' W
------------------------------------------------------------------------

    (2) Daytona 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, thence to Point 4, connecting back to 
Point 5:

------------------------------------------------------------------------
 
------------------------------------------------------------------------
Point 1.......................  29[deg]59'27'' N    080[deg]35'59'' W
Point 2.......................  29[deg]48'00'' N    080[deg]22'51'' W
Point 3.......................  29[deg]36'32'' N    080[deg]35'59'' W
Point 4.......................  29[deg]48'00'' N    080[deg]49'08'' W
Point 5.......................  29[deg]59'27'' N    080[deg]35'59'' W
------------------------------------------------------------------------

    (3) Jacksonville 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, thence to Point 4, 
connecting back to Point 5:

------------------------------------------------------------------------
 
------------------------------------------------------------------------
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
Point 5.......................  31[deg]06'28'' N    080[deg]15'00'' W
------------------------------------------------------------------------

    (4) Tampa 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, thence to Point 4, connecting back to 
Point 5:

------------------------------------------------------------------------
 
------------------------------------------------------------------------
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
Point 5.......................  28[deg]17'27'' N    083[deg]54'00'' W
------------------------------------------------------------------------

    (5) 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, connecting back to Point 4:

------------------------------------------------------------------------
 
------------------------------------------------------------------------
Point 1.......................  29[deg]22'38'' N    084[deg]05'20'' W
Point 2.......................  29[deg]16'59'' N    083[deg]58'55'' W
Point 3.......................  29[deg]06'20'' N    084[deg]11'12'' W
Point 4.......................  29[deg]22'38'' N    084[deg]05'20'' W
------------------------------------------------------------------------

    (b) Definitions. As used in this section--
    Designated representative means Coast Guard Patrol Commanders 
including Coast Guard coxswains, petty officers and other officers 
operating Coast Guard vessels, Coast Guard Representatives in the 
Merrill Operations Center, and Federal, state, and local officers 
designated by or assisting the Captain of the Port (COTP) Jacksonville 
and COTP St. Petersburg in the enforcement of the safety zones.
    (c) Regulations. (1) Under the general safety zone regulations in 
subpart C of this part, you may not enter the safety zone described in 
paragraph (a) of this section unless authorized by the COTP or the 
COTP's designated representative.
    (2) The COTP Jacksonville and COTP St. Petersburg or a designated 
representative may restrict vessel movement including but not limited 
to transiting, anchoring, or mooring within these safety zones to 
protect vessels from hazards associated with rocket recoveries. These 
restrictions are temporary in nature and will only be enacted and 
enforced prior to and just after the recovery missions.
    (3) Due to the safety zones falling within the United States 
exclusive economic zone, only United States flagged vessels are subject 
to safety zone enforcement. Other vessels are encouraged to remain 
outside the safety zone.
    (4) Activation of a safety zone will be based on the risk 
assessment of the COTP Jacksonville and COTP St. Petersburg and 
informed by the mission specific recovery exclusion areas provided by 
the Space Exploration Technologies Corporation and the National 
Aeronautics and Space Administration to account for the specific risks 
posed by individual recoveries.
    (d) Enforcement periods. This rule will be enforced from a 
reasonable time before a recovery mission and deactivated once the area 
is no longer hazardous between April 17, 2022 and May 15, 2022. The 
COTP will inform the public of which safety zone will be activated by 
Broadcast Notice to Mariners on VHF-FM channel 16.

    Dated: April 12, 2022.
Brendan C. McPherson,
Rear Admiral Commander, Seventh Coast Guard District.
[FR Doc. 2022-08425 Filed 4-18-22; 11:15 am]
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