[Federal Register Volume 87, Number 86 (Wednesday, May 4, 2022)]
[Rules and Regulations]
[Pages 26273-26276]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-09577]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2022-0291]
RIN 1625-AA00


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

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing three temporary safety zones 
for the reentry of a capsule launched by Space Exploration Technologies 
Corporation (Space X) in support of the National Aeronautics and Space 
Administration (NASA) Crew-3 capsule recovery mission. These three 
temporary safety zones are located within the Coast Guard Sector Mobile 
area of responsibility offshore of Pensacola, Panama City, and 
Tallahassee, Florida. The purpose of this rule is to ensure the safety 
of vessels, mariners, and the navigable waters in the safety zones 
during a period when reentry is expected. This action is necessary to 
provide for the safe recovery of this capsule and astronauts in the 
U.S. 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 entering the safety zones unless authorized by the 
Captain of the Port Mobile or a designated representative.

DATES: This rule is effective without actual notice from May 4, 2022 
until May 15, 2022. For the purposes of enforcement, actual notice will 
be used from May 1, 2022 until May 4, 2022.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2022-0291 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) 441-5940, email 
[email protected].

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
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 National Aeronautics and Space Administration 
(NASA) Crew-3 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 May 1, 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

[[Page 26274]]

the temporary safety zones must be established by May 1, 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. Terms used to describe space activities, including 
reentry site, and reentry vehicle, are defined in 51 U.S.C. 50902.
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    \1\ The Coast Guard defines the Exclusive Economic Zone in 33 
CFR 2.30.
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    The Captain of the Port Mobile has determined that potential 
hazards associated with the NASA Crew-3 capsule recovery mission 
presents a safety concern for anyone within the perimeter of the three 
safety zones. The safety zones will only be activated when a reentry 
vehicle is approaching a reentry site and will be deactivated once the 
reentry vehicle is removed from the reentry site. 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.

IV. Discussion of the Rule

    The Coast Guard is establishing special activity temporary safety 
zones for reentry vehicles within any of the three reentry sites 
described in this rule. The Crew-3 recovery mission may occur within 
any of the following reentry sites in the Gulf of Mexico: Pensacola, 
Panama City, and Tallahassee, Florida.
    Approximately one day before capsule reentry and recovery, Space X 
and NASA will determine which of the sites will be used. This 
determination is based on mission and environmental factors. After the 
determination is made, the respective COTP will use Local Notice to 
Mariners and Broadcast Notice to Mariners on VHF-FM channel 16 to 
inform the public of which safety zone is expected to be used.
    The three temporary reentry sites in the EEZ 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) Pensacola site:

------------------------------------------------------------------------
 
------------------------------------------------------------------------
Point 1.......................  29.930[deg] N        -087.643[deg] W
Point 2.......................  29.930[deg] N        -087.357[deg] W
Point 3.......................  29.670[deg] N        -087.357[deg] W
Point 4.......................  29.670[deg] N        -087.[deg] W
------------------------------------------------------------------------

    (2) Panama City site:

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------------------------------------------------------------------------
Point 1.......................  29.846[deg] N        -086.326[deg] W
Point 2.......................  29.846[deg] N        -086.040[deg] W
Point 3.......................  29.586[deg] N        -086.040[deg] W
Point 4.......................  29.586[deg] N        -086.326[deg] W
------------------------------------------------------------------------

    (3) Tallahassee site:

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Point 1.......................  29.413[deg] N        -084.342[deg] W
Point 2.......................  29.413[deg] N        -084.058[deg] W
Point 3.......................  29.153[deg] N        -084.058[deg] W
Point 4.......................  29.153[deg] N        -084.342[deg] W
------------------------------------------------------------------------

    When the reentry site is activated as a safety zone, 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 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. Because the safety zones 
are located in the EEZ, only United States flagged vessels are subject 
to safety zone enforcement. Other vessels are encouraged to remain 
outside the safety zone.
    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 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 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

[[Page 26275]]

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 May 1, 
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.

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.T08-0291  Safety Zones; Pensacola, Panama City, and 
Tallahassee, Florida.

    (a) Location. 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, and thence to Point 3, connecting back to Point 4:

------------------------------------------------------------------------
 
------------------------------------------------------------------------
Point 1.......................  29.930[deg] N        -087.643[deg] W
Point 2.......................  29.930[deg] N        -087.357[deg] W
Point 3.......................  29.670[deg] N        -087.357[deg] W
Point 4.......................  29.670[deg] N        -087.643[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, and thence to Point 3, connecting back to Point 4:

------------------------------------------------------------------------
 
------------------------------------------------------------------------
Point 1.......................  29.846[deg] N        -086.326[deg] W
Point 2.......................  29.846[deg] N        -086.040[deg] W
Point 3.......................  29.586[deg] N        -086.040[deg] W
Point 4.......................  29.586[deg] N        -086.326[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, and thence to Point 3, connecting back to Point 4:

------------------------------------------------------------------------
 
------------------------------------------------------------------------
Point 1.......................  29.413[deg] N        -084.342[deg] W
Point 2.......................  29.413[deg] N        -084.058[deg] W
Point 3.......................  29.153[deg] N        -084.058[deg] W
Point 4.......................  29.153[deg] N        -084.342[deg] W
------------------------------------------------------------------------

    (b) Definitions. As used in this section--
    Designated representative means Coast Guard Patrol Commanders 
including Coast Guard coxswains, petty officers and other officers 
designated by or assisting the COTP Mobile in the enforcement of the 
safety zones.
    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.
    (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 Mobile or other 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) Because the safety zones are 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.
    (d) Enforcement periods. This rule will be enforced between May 1, 
2022 and May 15, 2022, beginning a reasonable time before splashdown of 
a reentry vehicle in one of the areas described above, and will be 
deactivated once the area is no longer hazardous. The COTP will inform 
the public of which safety zone will be activated by Broadcast Notice 
to Mariners on VHF-FM channel 16.


[[Page 26276]]


    Dated: April 29, 2022
LaDonn A. Allen,
Captain, Commander, Coast Guard Sector Mobile, Captain of the Port 
Mobile.
[FR Doc. 2022-09577 Filed 5-3-22; 8:45 am]
BILLING CODE 9110-04-P