[Federal Register Volume 87, Number 189 (Friday, September 30, 2022)]
[Rules and Regulations]
[Pages 59299-59302]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-21206]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2022-0799]
RIN 1625-AA00


Safety Zone; Atlantic Ocean, Cape Canaveral Offshore Launch Area, 
Cape Canaveral, FL

AGENCY: Coast Guard, DHS.

ACTION: Temporary interim rule and request for comments.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for 
waters of the Atlantic Ocean, adjacent to Cape Canaveral, FL. This 
safety zone 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 this zone for the 
launch of the Artemis I rocket, which is being launched by the National 
Aeronautics and Space Administration (NASA). The temporary safety zone 
will be located within the Coast Guard District Seven area of 
responsibility offshore of Cape Canaveral, Florida. This temporary 
interim rule prohibits U.S.-flagged vessels from entering the temporary 
safety zone unless authorized by the District Commander, or the Captain 
of the Port of the Seventh Coast Guard District or a designated 
representative. Foreign-flagged vessels are encouraged to remain 
outside the safety zone. This action is necessary to protect vessels 
and waterway users from the potential hazards created by launch of the 
Artemis I rocket, flying over the U.S. Exclusive Economic Zone (EEZ).

DATES: This temporary interim rule is effective without actual notice 
September 30, 2022 through December 31, 2022. For the purposes of 
enforcement, actual notice will be used from September 27, 2022 until 
September 30, 2022.

ADDRESSES: You may submit comments identified by docket number USCG-
2022-0799 using the Federal Decision Making Portal at https://www.regulations.gov. See the ``Public Participation and Request for 
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further 
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email LT Ryan Gilbert, District Seven, Waterways Management 
Division, U.S. Coast Guard; telephone 305-415-6750, email 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

BNM Broadcast Notice to Mariners
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
EEZ Exclusive Economic Zone
FAA Federal Aviation Administration
FL Florida
FR Federal Register
MSIB Marine Safety Information Bulletin
NASA National Aeronautics and Space Administration
NM Nautical Mile
NOE Notice of Enforcement
NPRM Notice of Proposed Rulemaking
RNA Regulated Navigation Area
Sec.  Section
U.S. United States
U.S.C. United States Code

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 2-year pilot program to establish and 
implement a process to establish safety zones to address special 
activities,\1\ including space activities carried out by United States 
(U.S.) citizens in the U.S. Exclusive Economic Zone (EEZ).\2\ Terms 
used to describe space activities, including launch, are defined in 51 
U.S.C. 50902.
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    \1\ Special 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.
    \2\ 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.
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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 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). This engagement is 
necessary to ensure statutory and regulatory obligations are met to 
ensure the safety

[[Page 59300]]

of launch operations and waterway users.
    The Coast Guard has an existing permanent regulated navigation area 
(RNA) that prevents vessels from operating in the waters adjacent to 
the Cape Canaveral launch area; however, that area only extends to the 
limits of the territorial seas.\3\ With this temporary interim rule, 
the Coast Guard is establishing a temporary safety zone in the Atlantic 
Ocean in the U.S. EEZ that will abut the existing RNA near Cape 
Canaveral, FL. The Coast Guard intends to activate the existing RNA in 
Sec.  165.775 concurrently with the temporary safety zone established 
by this temporary interim rule for the launch of the Artemis I rocket.
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    \3\ See 33 CFR 165.775.
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    The Artemis I is the first launch of the Artemis Program, and the 
only Artemis rocket launch anticipated until May of 2024. It is being 
launched to conduct a test flight for future missions to the moon, and 
the mission will include orbiting the moon. The Artemis rocket is much 
larger than most rockets that have been launched from the Eastern Range 
in Cape Canaveral, FL in recent years. While it is of a similar size to 
the Space Shuttle and Apollo rockets, an untested rocket of this size 
has not been launched from Cape Canaveral in decades. As the rocket is 
much larger, and has never been launched before, there is a higher risk 
profile than with a typical launch. Additionally, based on the historic 
nature of this launch it is expected that there will be additional 
recreational boating traffic; therefore, it has been determined that 
the best way to reduce risk is to establish this offshore safety zone 
abutting the established RNA.
    The Coast Guard is issuing this temporary interim 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 temporary interim rule 
because doing so would be impracticable. This safety zone must be 
established by September 27, 2022, in order to protect vessels and 
waterway users from the potential hazards associated with the next 
scheduled launch of the Artemis I rocket.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this temporary interim rule effective less than 30 
days after publication in the Federal Register. Delaying the effective 
date of this temporary interim rule would be contrary to the rule's 
objectives of ensuring the protection of vessels and waterway users in 
the U.S. EEZ from the potential hazards created by the next scheduled 
launch operation.
    We are soliciting comments on this rulemaking. If we determine that 
changes to this rulemaking action are necessary, the Coast Guard will 
consider comments received in a subsequent temporary interim rule or 
temporary final rule.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this temporary interim rule under 
section 8343 of the Authorization Act. The Seventh District Commander 
has determined that there are potential hazards in the U.S. EEZ created 
by the launch of the Artemis I rocket. The purpose of this temporary 
interim rule is to ensure safety of vessels and waterway users before, 
during, and after the scheduled launch.

IV. Discussion of the Rule

    This temporary interim rule establishes a temporary safety zone 
with an effective date starting with the next scheduled launch on 
September 27, 2022 through December 31, 2022. However, the temporary 
safety zone would only be subject to enforcement for 5 to 6 hours for 
the Artemis I rocket launch from Cape Canaveral, FL. The Coast Guard 
will inform the public of the activation of the temporary safety zone 
through a Notice of Enforcement (NOE) that will be issued once the 
Coast Guard receives notification of the launch date from NASA. The 
Coast Guard intends to enforce the temporary safety zone for the 
Artemis I rocket launch with assets on scene to ensure the temporary 
safety zone is cleared of persons and vessels.
    The temporary safety zone will cover certain navigable waters in 
the path of the rocket being launched. The safety zone will cover 
approximately 720 square miles, and is rectangular in shape. It will 
directly abut the RNA established in Sec.  165.775. U.S.-flagged 
vessels will be prohibited from entering the temporary safety zone 
unless authorized by the District Commander or the Captain of the Port 
(COTP) of the Seventh Coast Guard District or a designated 
representative. Foreign-flagged vessels are encouraged to remain 
outside the safety zone. The coordinates of the safety zone are 
provided in the regulatory text.
    No U.S. flagged vessel will be permitted to enter the safety zone 
without obtaining permission from the District Commander, the COTP, or 
a designated representative.
    Once the Artemis I rocket has been launched, the safety zone will 
no longer be needed. At that time, the Coast Guard will notify the 
public of the cancellation of the safety zone through a Broadcast 
Notice to Mariners (BNM), and through social media.

V. Regulatory Analyses

    We developed this temporary interim 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 temporary interim rule has not been designated a 
``significant regulatory action,'' under Executive Order 12866. 
Accordingly, this temporary interim 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 temporary safety zone. The 
temporary safety zone is limited in size and location to only to the 
areas where Artemis I rocket launch may pose a danger to vessels 
outside the RNA. The temporary safety zone is limited in scope, as 
vessel traffic will be able to safely transit around the zone. The 
safety zone is expected to be enforced for approximately 5 to 6 hours 
for each launch window. After the launch has been completed, and there 
is no longer any danger to vessels from the Artemis I rocket, the Coast 
Guard will cancel the safety zone and notify waterway users and vessels 
of its cancellation. The safety zone will ensure the protection of 
vessels and waterway users from the potential hazards created by the 
launch of the Artemis I rocket.

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

[[Page 59301]]

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 temporary interim rule will 
not have a significant economic impact on a substantial number of small 
entities.
    While some owners or operators of vessels intending to transit the 
safety zone may be small entities, for the reasons stated in section 
V.A. above, this temporary interim rule will not have a significant 
economic impact on any vessel owner or operator.
    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 temporary interim rule. If the temporary 
interim 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 temporary interim rule or 
any policy or action of the Coast Guard.

C. Collection of Information

    This temporary interim 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 temporary interim 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 temporary interim 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 temporary interim 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 temporary interim rule 
will not result in such an expenditure, we do discuss the effects of 
this temporary interim rule elsewhere in this preamble.

F. Environment

    We have analyzed this temporary interim 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 temporary interim rule involves enforcement of a 
safety zone for approximately 5 to 6 hours during the duration of the 
rocket launch of the Artemis I rocket. The zone will be activated as 
many times as it is needed until the rocket is launched, or 11:59 p.m. 
on December 31, 2022, whichever comes first. 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.

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking, 
and will consider all comments and material received during the comment 
period. Your comment can help shape the outcome of this rulemaking. If 
you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this document to which 
each comment applies, and provide a reason for each suggestion or 
recommendation.
    Submitting comments. We encourage you to submit comments through 
the Federal Decision Making Portal at https://www.regulations.gov. To 
do so, go to https://www.regulations.gov, type USCG-2022-0799 in the 
search box and click ``Search.'' Next, look for this document in the 
Search Results column, and click on it. Then click on the Comment 
option. If you cannot submit your material by using https://www.regulations.gov, call or email the person in the FOR FURTHER 
INFORMATION CONTACT section of this proposed rule for alternate 
instructions.
    Viewing material in docket. To view documents mentioned in this 
proposed rule as being available in the docket, find the docket as 
described in the previous paragraph, and then select ``Supporting & 
Related Material'' in the Document Type column. Public comments will 
also be placed in our online docket and can be viewed by following 
instructions on the https://www.regulations.gov Frequently Asked 
Questions web page. We review all comments received, but we will only 
post comments that address the topic of the proposed rule. We may 
choose not to post off-topic, inappropriate, or duplicate comments that 
we receive.
    Personal information. We accept anonymous comments. Comments we 
post to https://www.regulations.gov will include any personal 
information you have provided. For more about privacy and submissions 
to the docket in response to this document, see DHS's eRulemaking 
System of Records notice (85 FR 14226, March 11, 2020).

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.


[[Page 59302]]


    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 is revised to read as follows:

    Authority:  46 U.S.C. 70034, 70051; section 8343 of Pub. L. 116-
283, 134 Stat. 3388, 4710; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; 
Department of Homeland Security Delegation No. 00170.1, Revision No. 
01.2.

0
2. Add Sec.  165.T07-0799 to read as follows:


Sec.  165.T07-0799  Safety Zone; Atlantic Ocean, Cape Canaveral 
Offshore Launch Area, Cape Canaveral, FL.

    (a) Location. The following area is a safety zone: All waters of 
the Atlantic Ocean, from surface to bottom, encompassed by a line 
connecting the following points beginning at Point 1: 28[deg]47'51'' N, 
080[deg]27'43.4'' W, thence to Point 2: 28[deg]59'24.5'' N, 
080[deg]03'37.4'' W, thence to Point 3: 28[deg]29'1.2'' N, 
079[deg]53'33.7'' W, thence to Point 4: 28[deg]30'38.3'' N, 
080[deg]18'13.9'' W, following along the 12 nautical mile line back to 
Point 1. These coordinates are based on WGS 84.
    (b) Definitions. As used in this section, designated representative 
means a Coast Guard Patrol Commander, including a Coast Guard coxswain, 
petty officer, or other officer operating a Coast Guard vessel, U.S. 
Space Force range safety personnel, and Federal, State, and local 
officers designated by or assisting the District Commander or the 
Captain of the Port (COTP) in the enforcement of the safety zone.
    (c) Regulations. (1) Under the general safety zone regulations in 
subpart C of this part, U.S.-flagged vessels may not enter the safety 
zone described in paragraph (a) of this section unless authorized by 
the District Commander, the COTP, or a designated representative. All 
foreign-flagged vessels are encouraged to remain outside the safety 
zone.
    (2) To seek permission to enter, transit through, anchor in or 
remain within the safety zone contact Sector Jacksonville by telephone 
at (904) 714-7557 or the District Commander's or the COTP's 
representative via VHF-FM radio on channel 16. Those in the safety zone 
must comply with all lawful orders or directions given to them by the 
District Commander, the COTP, or a designated representative.
    (d) Notification of enforcement. (1) The District Commander, or the 
COTP, or a designated representative will inform the public of the 
activation of the safety zone described in paragraph (a) of this 
section by Notice of Enforcement that will be issued once the Coast 
Guard receives notification of the launch date from NASA.
    (2) The Coast Guard intends to enforce the temporary safety zone 
for the Artemis I rocket launch with assets on scene to ensure the 
temporary safety zone is cleared of persons and vessels.
    (3) Once the Artemis I rocket has been launched, the safety zone 
will no longer be needed. At that time, the Coast Guard will notify the 
public of the cancellation of the safety zone through a Broadcast 
Notice to Mariners on VHF-FM channel 16, and through social media.
    (e) Effective period. This section is effective from 12:01 a.m. on 
September 27, 2022, through 11:59 p.m. on December 31, 2022.

    Dated: September 22, 2022.
Brendan C. McPherson,
Rear Admiral U.S. Coast Guard, Commander, Seventh Coast Guard District.
[FR Doc. 2022-21206 Filed 9-29-22; 8:45 am]
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