Regulated Navigation Area; Offshore, Cape Canaveral, Florida

• Published date: 07 January 2022
• Record Number: 2021-28537
• Section: Proposed rules
• Court: Coast Guard,Homeland Security Department

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IV. Transcripts

Please be advised that as soon as a

transcript is available, it will be

accessible at: https://

www.regulations.gov. You may also

view the transcript at the Dockets

Management Staff (see

ADDRESSES

).

Dated: December 29, 2021.

Lauren K. Roth,

Associate Commissioner for Policy.

[FR Doc. 2021–28503 Filed 1–6–22; 8:45 am]

BILLING CODE 4164–01–P

DEPARTMENT OF HOMELAND

SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG–2021–0661]

RIN 1625–AA11

Regulated Navigation Area; Offshore,

Cape Canaveral, Florida

AGENCY

: Coast Guard, DHS.

ACTION

: Supplemental notice of

proposed rulemaking.

SUMMARY

: On September 17, 2021, the

Coast Guard published a notice of

proposed rulemaking (NPRM) proposing

to replace the existing safety zone in

Captain of the Port (COTP) zone

Jacksonville, Offshore Cape Canaveral,

Florida with a regulated navigation area

(RNA). Changes in the type and size of

launch vehicles, rocket component

recovery methods, and the increased

frequency of launches now pose

variable risks to marine traffic and

require a more flexible regulatory tool.

After considering comments received

from the public, the Coast Guard is

making modifications to the regulated

area in the proposed rule. This

supplemental notice requests comments

on the revised proposal.

DATES

: Comments and related material

must be received by the Coast Guard on

or before February 7, 2022.

ADDRESSES

: You may submit comments

identified by docket number USCG–

2021–0661 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 about this proposed

rulemaking, call or email Lieutenant

Junior Grade Stephanie Miranda,

Seventh District, Waterways

Management Branch (Dpw), U.S. Coast

Guard; telephone 305–415–6748, email

stephanie.l.miranda@uscg.mil.

SUPPLEMENTARY INFORMATION

:

I. Table of Abbreviations

CFR Code of Federal Regulations

DHS Department of Homeland Security

FR Federal Register

NPRM Notice of proposed rulemaking

§ Section

U.S.C. United States Code

II. Background, Purpose, and Legal

Basis

The Coast Guard proposes to replace

the existing safety zone in 33 CFR

165.775 titled, ‘‘Safety Zone; Captain of

the Port Zone Jacksonville; Offshore

Cape Canaveral, Florida’’ with a

regulated navigation area (RNA). The

existing safety zone established in 2009

is composed of four large regulated

areas and was established in 2009 with

the intent of protecting marine traffic

from the hazards associated with the

launching of space vehicles, to expedite

notification to the public, and to reduce

the administrative workload of the Coast

Guard. However, since the

establishment of the safety zone in

§ 165.775, changes in the type and size

of launch vehicles, rocket component

recovery methods, and the increased

frequency of launches pose variable

risks to marine traffic and require a

more flexible regulatory tool.

On September 17, 2021, the Coast

Guard published a notice of proposed

rulemaking entitled, ‘‘Regulated

Navigation Area; Offshore, Cape

Canaveral, Florida in the Federal

Register (86 FR 51845) in order to

replace the existing safety zone in

§ 165.775 with a RNA. During the

comment period that ended on October

18, 2021, we received three comments

and those comments are addressed in

Section III of this SNPRM.

The Coast Guard is proposing this

SNPRM under authority in 46 U.S.C.

70034. The purpose of this SNPRM is to

revise the regulatory text as proposed in

the NPRM to expand the zone to include

additional missions which are expected

to be conducted (including the

Transport 2 mission conducted by the

U.S Space Launch Delta 45 (SLD 45)

and operations by the Blue Origin, LLC),

and to include the Captain of the Port’s

(COTP) consideration of analysis from

(SLD 45) when activating a zone. The

revised regulatory text we are proposing

in this SNPRM appears at the end of this

document. It differs from the text

proposed in the NPRM, primarily in that

it expands the zone westward to include

areas of operation by the SLD 45 and the

Blue Origin, LLC.

III. Discusion of Comments on the

NPRM and Change to the Proposed

Rule

In response to the NPRM, the Coast

Guard received three public comments.

Unless we receive recommendations for

changes during the SNPRM comment

period, we plan to adopt the regulations

proposed in the NPRM with revisions to

the regulatory text as reflected in this

SNPRM. The SNPRM provides an

additional comment period to shape the

final regulatory action. Concerns

received on this SNPRM will be

addressed in the final rule.

The Coast Guard received a comment

addressing the growing effect of

commercial space travel in terms of

potential for pollution and hazards to

land and sea vehicles in the path of

flight. The commenter felt the proposed

change was valid and important. No

changes were made based on this

comment.

Another comment addressed the

growth of the aerospace industry in the

region and associated increase in launch

activity observed since 2009. The

commenter felt that an evaluation of the

2009 rulemaking and the associated

changes proposed in the NPRM were

warranted and in the interest of

preserving the safety of marine interests

in the area. No changes were made

based on this comment.

The Coast Guard received a comment

from the Blue Origin Florida, LLC and

included a request for an adjustment to

the dimensions of the RNA to provide

a launch hazard area suitable for

potential future launches to Polar

Orbits. The change was evaluated and

implemented. In response to this

comment, the Coast Guard made

changes to the regulatory text in this

SNPRM by making an adjustment to the

southeast launch hazard area to

encompass dimensions aligned to a

Polar Orbit-mission specific launch

exclusion area as provided by the SLD

45.

IV. Discussion of Proposed Rule

The proposed rule would establish a

RNA in the following revised area based

on comments received during the NPRM

comment period: All waters offshore

Cape Canaveral from surface to bottom,

encompassed by a line connecting the

following points beginning with Point 1

at 28°48′54″ N, 80°28′40″ W; thence

southwest to Point 2 at 28°43′20″ N,

80°41′00″ W; thence south along the

shoreline to Point 3 at 28°25′18″ N,

80°34′43″ W; thence continuing south

offshore to Point 4 at 28°11′00″ N,

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80°29′00″ W; thence east to Point 5 at

28°10′00″ N, 80°21′13″ W; thence north

along the 12 nautical mile line back to

Point 1. Coordinates are in WGS 1984.

These coordinates are based on the

furthest north and south trajectories of

typical rocket launch vehicles

originating from Cape Canaveral. In

addition, there are five launch hazard

areas in which the majority of rocket

launches will fall and are meant to alert

mariners to the general areas in which

launches will occur. We list the

coordinates and locations of the five

launch hazard areas in the regulatory

text of this SNPRM.

When the RNA is deemed activated,

the COTP or a designated representative

would be able to restrict vessel

movement including but not limited to

transiting, anchoring, or mooring within

this RNA to protect vessels from hazards

associated with rocket launches. Active

restrictions are based on mission

specific launch exclusion areas

provided by the SLD 45, are temporary

in nature, and would only be enacted

and enforced prior to and just after a

launch. The COTP would be able to

activate any single area, a combination

of areas, or establish areas within the

RNA boundary area as warranted by

specific risks posed by individual

launches. The determination of risk

would be at the discretion of the COTP

and informed by the mission specific

launch exclusion areas provided by

SLD–45.

The COTP would inform the public of

the activation or status of the RNA and

specific exclusion areas, by Broadcast

Notice to Mariners on VHF–FM channel

16, Public Notice of Enforcement, on-

scene presence, and by the display of a

yellow ball from a 90-foot pole near the

shoreline.

V. Regulatory Analyses

We developed this proposed 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 NPRM has not been designated a

‘‘significant regulatory action,’’ under

Executive Order 12866. Accordingly,

the NPRM has not been reviewed by the

Office of Management and Budget

(OMB).

The RNA will operate in a similar

way to the existing safety zone, but will

reduce the size of exclusionary areas for

each specific rocket launch. We expect

the economic impact of this rule to be

so minimal that a full regulatory

evaluation is unnecessary. The RNA

will only be activated a reasonable time

before a launch and deactivated once

the area is no longer hazardous.

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 proposed rule would not

have a significant economic impact on

a substantial number of small entities.

The total time of the RNA activation

and thus restriction to the public is

expected to be approximately one hour

per launch. Vessels would be able to

transit around the activated RNA

locations during these launches. We do

not anticipate any significant economic

impact resulting from activation of the

RNA.

If you think that your business,

organization, or governmental

jurisdiction qualifies as a small entity

and that this rule would have a

significant economic impact on it,

please submit a comment (see

ADDRESSES

) explaining why you think it

qualifies and how and to what degree

this rule would economically affect it.

Under section 213(a) of the Small

Business Regulatory Enforcement

Fairness Act of 1996 (Pub. L. 104–121),

we want to assist small entities in

understanding this proposed rule. If the

rule would affect your small business,

organization, or governmental

jurisdiction and you have questions

concerning its provisions or options for

compliance, please call or email the

person listed in the

FOR FURTHER

INFORMATION CONTACT

section. The Coast

Guard will not retaliate against small

entities that question or complain about

this proposed rule or any policy or

action of the Coast Guard.

C. Collection of Information

This proposed rule would not call for

a new collection of information under

the Paperwork Reduction Act of 1995

(44 U.S.C. 3501–3520).

D. Federalism and Indian Tribal

Governments

A rule has implications for federalism

under Executive Order 13132

(Federalism), if it has a substantial

direct effect on the States, on the

relationship between the National

Government and the States, or on the

distribution of power and

responsibilities among the various

levels of government. We have analyzed

this proposed 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 proposed rule does not have

tribal implications under Executive

Order 13175 (Consultation and

Coordination with Indian Tribal

Governments) because it would not

have a substantial direct effect on one or

more Indian tribes, on the relationship

between the Federal Government and

Indian tribes, or on the distribution of

power and responsibilities between the

Federal Government and Indian tribes.

If you believe this proposed rule has

implications for federalism or Indian

tribes, please call or email the person

listed in the

FOR FURTHER INFORMATION

CONTACT

section.

E. Unfunded Mandates Reform Act

The Unfunded Mandates Reform Act

of 1995 (2 U.S.C. 1531–1538) requires

Federal agencies to assess the effects of

their discretionary regulatory actions. In

particular, the Act addresses actions

that may result in the expenditure by a

State, local, or tribal government, in the

aggregate, or by the private sector of

$100,000,000 (adjusted for inflation) or

more in any one year. Though this

proposed rule would not result in such

an expenditure, we do discuss the

effects of this rule elsewhere in this

preamble.

F. Environment

We have analyzed this proposed rule

under Department of Homeland

Security Directive 023–01 and

Commandant Instruction M16475.1D

which guide the Coast Guard in

complying with the National

Environmental Policy Act of 1969 (42

U.S.C. 4321–4370f), and have made a

preliminary determination that this

action is one of a category of actions that

do not individually or cumulatively

have a significant effect on the human

environment. This proposed rule

involves the activation of a RNAwith

exclusionary zones smaller than the

existing safety zones. The activation of

the RNA is expected to be an hour total

per occurrence. Normally such actions

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are categorically excluded from further

review under paragraph L60(a) of

Appendix A, Table 1 of DHS Instruction

Manual 023–01–001–01. A preliminary

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. We

seek any comments or information that

may lead to the discovery of a

significant environmental impact from

this proposed rule.

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.

VI. 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–2021–0661 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.

For the reasons discussed in the

preamble, the Coast Guard proposes to

amend 33 CFR part 165 as follows:

PART 165—REGULATED NAVIGATION

AREAS AND LIMITED ACCESS AREAS

■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.

■2. Revise § 165.775 to read as follows:

§ 165.775 Regulated Navigation Area;

Launch Area Offshore Cape Canaveral, FL.

(a) Location.

(1) The following area is a regulated

navigation area (RNA): All waters

offshore Cape Canaveral from surface to

bottom, encompassed by a line

connecting the following points

beginning with Point 1 at 28°48′54″ N,

80°28′40″ W; thence southwest to Point

2 at 28°43′20″ N, 80°41′00″ W; thence

south along the shoreline to Point 3 at

28°25′18″ N, 80°34′43″ W; thence

continuing south offshore to Point 4 at

28°11′00″ N, 80°29′00″ W; thence east to

Point 5 at 28°10′00″ N, 80°21′13″ W;

thence north along the 12 nautical mile

line back to Point 1. Coordinates are in

WGS 1984. These coordinates are based

on the furthest north and south

trajectories of typical rocket launch

vehicles originating from Cape

Canaveral.

(2) Restrictions may be enforced

anywhere within the boundaries of the

RNA. Restrictions will be based on the

risk assessment of the Captain of the

Port Jacksonville and informed by the

mission specific launch exclusion areas

provided by U.S Space Launch Delta 45

(SLD 45). There are five launch hazard

areas that cover rocket launches. Launch

hazard areas include all navigable

waters within the following coordinates,

encompassed by a line starting at Point

1 connecting the following points:

(i) Northeast Launch Hazard Area:

Point 1 ......... 28°47′47″ N 080°27′48″ W

Point 2 ......... 28°42′18″ N 080°34′55″ W

Point 3 ......... 28°39′13″ N 080°37′49″ W

Point 4 ......... 28°32′29″ N 080°33′53″ W

Point 5 ......... 28°34′00″ N 080°29′00″ W

Point 6 ......... 28°39′43″ N 080°21′57″ W

(ii) East Northeast Launch Hazard

Area:

Point 1 ......... 28°43′53″ N 080°24′50″ W

Point 2 ......... 28°36′10″ N 080°35′20″ W

Point 3 ......... 28°31′46″ N 080°33′40″ W

Point 4 ......... 28°34′42″ N 080°28′40″ W

Point 5 ......... 28°40′45″ N 080°22′28″ W

(iii) Large East Launch Hazard Area:

Point 1 ......... 28°40′32″ N 080°22′21″ W

Point 2 ......... 28°39′14″ N 080°37′48″ W

Point 3 ......... 28°27′00″ N 080°31′55″ W

Point 4 ......... 28°27′35″ N 080°18′27″ W

(iv) Small East Launch Hazard Area:

Point 1 ......... 28°39′42″ N 080°21′56″ W

Point 2 ......... 28°39′00″ N 080°31′00″ W

Point 3 ......... 28°38′00″ N 080°36′58″ W

Point 4 ......... 28°32′00″ N 080°33′45″ W

Point 5 ......... 28°31′51″ N 080°20′41″ W

(v) Southeast Launch Hazard Area:

Point 1 ......... 28°37′00″ N 080°29′00″ W

Point 2 ......... 28°35′48″ N 080°34′59″ W

Point 3 ......... 28°25′18″ N 080°34′43″ W

Point 4 ......... 28°11′00″ N 080°29′00″ W

Point 5 ......... 28°10′00″ N 080°21′13″ W

Point 6 ......... 28°19′36″ N 080°23′10″ W

Point 7 ......... 28°22′11″ N 080°20′17″ W

(b) Definitions. The following

definitions apply to this section:

Designated representative means Coast

Guard Patrol Commanders including

Coast Guard coxswains, petty officers

and other officers operating Coast Guard

vessels, and federal, state, and local

officers designated by or assisting the

Captain of the Port (COTP) Jacksonville

in the enforcement of RNAs, safety

zones, and security zones.

(c) Regulations. (1) The COTP

Jacksonville or a designated represented

may restrict vessel movement including

but not limited to transiting, anchoring,

or mooring within this RNA to protect

vessels from hazards associated with

rocket launches. These restrictions are

temporary in nature and will only be

enacted and enforced prior to and just

after a launch.

(2) The COTP Jacksonville may

activate restrictions within any single

area, a combination of areas, or establish

ad hoc areas within the RNA boundary

area. Activation of prescribed or ad hoc

Launch Hazard Areas will be based on

the risk assessment of the Captain of the

Port Jacksonville and informed by the

mission specific launch exclusion areas

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provided by SLD 45 to account for the

specific risks posed by individual

launches.

(d) Notice of activation of RNA. The

COTP Jacksonville will inform the

public of the activation or status of the

RNA and specific exclusion areas, by

Broadcast Notice to Mariners on VHF–

FM channel 16, Public Notice of

Enforcement, on-scene presence, and by

the display of a yellow ball from a 90-

foot pole near the shoreline at

approximately 28°35′00″ N, 080°34′36″

W and from a 90-foot pole near the

shoreline at approximately 28°55′18″ N,

080°35′00″ W. Coast Guard assets or

other Federal, State, or local law

enforcement assets will be clearly

identified by lights, markings, or with

agency insignia.

(e) Contact information. The COTP

Jacksonville may be reached by

telephone at (904) 564–7513. Any on-

scene Coast Guard or designated

representative assets may be reached on

VHF–FM channel 16.

Dated: December 22, 2021.

Brendan C. McPherson,

Rear Admiral, Commander, Seventh Coast

Guard District.

[FR Doc. 2021–28537 Filed 1–6–22; 8:45 am]

BILLING CODE 9110–04–P

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