Regulated Navigation Area; Offshore, Cape Canaveral, Florida

CourtCoast Guard,Homeland Security Department
Citation87 FR 916
Record Number2021-28537
Publication Date07 January 2022
916
Federal Register / Vol. 87, No. 5 / Friday, January 7, 2022 / Proposed Rules
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°4854N, 80°2840W; thence
southwest to Point 2 at 28°4320N,
80°4100W; thence south along the
shoreline to Point 3 at 28°2518N,
80°3443W; thence continuing south
offshore to Point 4 at 28°1100N,
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80°2900W; thence east to Point 5 at
28°1000N, 80°2113W; 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°4854N,
80°2840W; thence southwest to Point
2 at 28°4320N, 80°4100W; thence
south along the shoreline to Point 3 at
28°2518N, 80°3443W; thence
continuing south offshore to Point 4 at
28°1100N, 80°2900W; thence east to
Point 5 at 28°1000N, 80°2113W;
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°4747N 080°2748W
Point 2 ......... 28°4218N 080°3455W
Point 3 ......... 28°3913N 080°3749W
Point 4 ......... 28°3229N 080°3353W
Point 5 ......... 28°3400N 080°2900W
Point 6 ......... 28°3943N 080°2157W
(ii) East Northeast Launch Hazard
Area:
Point 1 ......... 28°4353N 080°2450W
Point 2 ......... 28°3610N 080°3520W
Point 3 ......... 28°3146N 080°3340W
Point 4 ......... 28°3442N 080°2840W
Point 5 ......... 28°4045N 080°2228W
(iii) Large East Launch Hazard Area:
Point 1 ......... 28°4032N 080°2221W
Point 2 ......... 28°3914N 080°3748W
Point 3 ......... 28°2700N 080°3155W
Point 4 ......... 28°2735N 080°1827W
(iv) Small East Launch Hazard Area:
Point 1 ......... 28°3942N 080°2156W
Point 2 ......... 28°3900N 080°3100W
Point 3 ......... 28°3800N 080°3658W
Point 4 ......... 28°3200N 080°3345W
Point 5 ......... 28°3151N 080°2041W
(v) Southeast Launch Hazard Area:
Point 1 ......... 28°3700N 080°2900W
Point 2 ......... 28°3548N 080°3459W
Point 3 ......... 28°2518N 080°3443W
Point 4 ......... 28°1100N 080°2900W
Point 5 ......... 28°1000N 080°2113W
Point 6 ......... 28°1936N 080°2310W
Point 7 ......... 28°2211N 080°2017W
(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°3500N, 080°3436
W and from a 90-foot pole near the
shoreline at approximately 28°5518N,
080°3500W. 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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