[Federal Register Volume 88, Number 220 (Thursday, November 16, 2023)]
[Rules and Regulations]
[Pages 78641-78644]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-25429]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2023-0906]
RIN 1625-AA11


Safety Zone; Pacific Ocean, Oahu, Hawaii

AGENCY: Coast Guard, Department of Homeland Security (DHS).

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for 
the re-entry of a space vehicle from the Starship Super Heavy launch by 
Space Exploration Technologies Corporation (Space X). The temporary 
safety zone is located within the Coast Guard District Fourteen area of 
responsibility, approximately 129 nautical miles offshore of Oahu, 
Hawaii. 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 event. This action is necessary to provide for 
the safety of vessels and waterway users from the potential hazards 
created by reentry vehicle splashdowns and recovery operations in our 
exclusive economic zone. It is also necessary to provide for the safe 
recovery of reentry vehicles, and any personnel involved in reentry 
services, after the splashdown. This rule implements a special 
activities provision of the William M. (Mac) Thornberry National 
Defense Authorization Act for Fiscal Year 2021. Foreign-flagged vessels 
are encouraged to remain outside the safety zones. This rule prohibits 
U.S. flagged vessels from being in the safety zones unless authorized 
by the Commander of the Fourteenth Coast Guard District or a designated 
representative.

DATES: This rule is effective from 12:01 a.m. on November 17, 2023, 
through 11:59 p.m. on November 20, 2023.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0906 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 Commander Jessica Hull, District 14, Waterways 
Management Division, U.S. Coast Guard; telephone 808-535-3407, email 
<a href="/cdn-cgi/l/email-protection#a6ecc3d5d5cfc5c788ea88eed3cacae6d3d5c5c188cbcfca"><span class="__cf_email__" data-cfemail="efa58a9c9c868c8ec1a3c1a79a8383af9a9c8c88c1828683">[email protected]</span></a>.

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
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

    The Coast Guard is issuing this temporary rule without prior notice 
and opportunity to comment pursuant to authority under section 4(a) of 
the

[[Page 78642]]

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. Space Exploration Technologies Corporation (Space 
X) is a U.S. company. The SpaceX Starship Super Heavy mission was 
approved and scheduled less than 30 days before the need for the safety 
zone to be in place starting on November 17, 2023. 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 re-entry of the capsule. 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 zone must be established on November 17, 2023, to mitigate 
safety concerns during the capsule re-entry mission.

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). These special 
activities include space activities carried out by United States 
citizens. The Fourteenth District Commander and Captain of the Port 
Honolulu have determined that potential hazards associated with the 
Space X Starship spacecraft mission present a safety concern for anyone 
within the perimeter of the safety zone. The safety zone will only be 
activate for a reasonable time before the mission and deactivated once 
the area is no longer hazardous. 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 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 a temporary safety zone 
approximately 126 nautical miles north of Oahu, Hawaii for the re-entry 
of a SpaceX capsule. The coordinates are based on the projected re-
entry locations as determined from telemetry data and modeling by Space 
X.
    (1) Re-entry site:

------------------------------------------------------------------------
 
------------------------------------------------------------------------
Point 1............................  24[deg]02'38'' N 157[deg]33'43'' W
Point 2............................  24[deg]08'49'' N 157[deg]02'49'' W
Point 3............................  23[deg]32'10'' N 156[deg]53'17'' W
Point 4............................  23[deg]25'48'' N 157[deg]25'34'' W
------------------------------------------------------------------------

    The coordinates for the safety zones are based on the furthest 
north, east, south, and west points of the reentry vehicles splashdown 
and are determined from data and modeling by SpaceX and NASA. The 
coordinates take into account the trajectories of the reentry vehicles 
coming out of orbit and the potential risk to the public. The specific 
coordinates for the temporary safety zone is presented in the 
regulatory text at the end of this document.
    To the extent feasible, 24 hours before a reentry vehicle 
splashdown and recovery operations, the District Commander, Captain of 
the Port Sector Honolulu, or a designated representative will inform 
the public of the activation of the temporary safety zones by Broadcast 
Notice to Mariners (BNM) on VHF-FM channel 16.
    The District Commander, Captain of the Port Sector Honolulu, or 
designated representative will inform the public that the safety zone 
would remain activated (subject to enforcement) until announced by BNM 
on VHF-FM channel 16 that the safety zone is no longer subject to 
enforcement.
    When the safety zone is activated, the District Commander, Captain 
of the Port Sector Honolulu, or a designated representative will be 
able to restrict U.S.-flagged vessel movement including but not limited 
to transiting, anchoring, or mooring within the safety zone to protect 
vessels from hazards associated with space activities. The activated 
safety zone will ensure the protection of vessels and waterway users 
from the potential hazards created by reentry vehicle splashdowns and 
recovery operations. This includes protection during the recovery of a 
reentry vehicle, and the protection of personnel involved in reentry 
services and space support vessels.\1\
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    \1\ Space Support Vessel means any vessel engaged in the support 
of space activities. These vessels are typically approximately 170 
feet in length, have a forward wheelhouse, and are equipped with a 
helicopter pad and lifting crane.
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    After a reentry vehicle splashdown, the District Commander, Captain 
of the Port Sector Honolulu, or a designated representative will grant 
general permission to come no closer than three nautical miles within 
the activated safety zone from any reentry vehicle or space support 
vessel engaged in the recovery operations.
    Once a reentry vehicle services are removed from the water and 
secured onboard a space support vessel, the District Commander, Captain 
of the Port Sector Honolulu, or designated representative would issue a 
BNM on VHF-FM channel 16 announcing the activated safety zone is no 
longer subject to enforcement.
    When the safety zone is activated, the COTP or a designated 
representative will be able to restrict U.S.-flagged vessel movement 
including but not limited to transiting, anchoring, or mooring within 
the safety zone to protect vessels from hazards associated with capsule 
re-entry.\2\ Because the safety zones are within the U.S. EEZ, only 
U.S.-flagged vessels would be subject to enforcement. However, all 
foreign-flagged vessels are encouraged to remain outside the safety 
zone.
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    \2\ Reentry Services means (1) activities involved in the 
preparation of a reentry vehicle and payload, crew (including crew 
training), government astronaut, or space flight participant, if 
any, for reentry; and (2) the conduct of a reentry.
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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 temporary safety zone. The safety 
zone will be established for approximately three and one half hours. 
After the launch has been completed, the Coast Guard will notify 
waterway

[[Page 78643]]

users and vessels that the safety zone is no longer in effect. The 
safety zone will ensure the protection of vessels and waterway users 
from the potential hazards created by the re-entry of the SpaceX 
capsule.

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.
    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 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 (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 
establishing a safety zone through the duration of a space vehicle 
reentry. 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, 70124; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No. 
00170.1, Revision No. 01.3.


0
2. Add Sec.  165.T14-0906 to read as follows:


Sec.  165.T14-0906  Safety Zone; Pacific Ocean, Oahu, Hawaii.

    (a) Location. The Coast Guard is establishing a safety zone in the 
U.S. exclusive economic zone (EEZ) for the re-entry of a capsule 
launched by SpaceX. The temporary zone is located within the Captain of 
the Port Sector Honolulu area of responsibility 129 nautical miles 
offshore of Oahu, Hawaii.
    (1) Re-entry site. All waters of the Pacific Ocean, from surface to 
bottom, encompassed by a line connecting the following points beginning 
at Point 1, thence to Point 2, thence to Point 3, thence to Point 4, 
connecting back to the beginning point.

                       Table 1 to Paragraph (a)(1)
------------------------------------------------------------------------
 
------------------------------------------------------------------------
Point 1.............  24[deg]02'38'' N          157[deg]33'43'' W
Point 2.............  24[deg]08'49'' N          157[deg]02'49'' W
Point 3.............  23[deg]32'10'' N          156[deg]53'17'' W
Point 4.............  23[deg]25'48'' N          157[deg]25'34'' W
------------------------------------------------------------------------

    (2) [Reserved]
    (b) Definitions. As used in this section--
    Designated representative means a Coast Guard Captain of the Port 
(COTP) Sector Honolulu; Coast Guard Patrol Commanders including Coast 
Guard coxswains, petty officers and other officers operating a Coast 
Guard vessel; and other officers designated by the Captain of the Port 
Sector Honolulu or assisting the Captain of the Port Sector

[[Page 78644]]

Honolulu in the enforcement of the safety zones.
    District Commander means Commander of the Fourteenth Coast Guard 
District.
    Reentry services means:
    (i) Activities involved in the preparation of a reentry vehicle and 
payload, crew (including crew training), government astronaut, or space 
flight participant, if any, for reentry; and
    (ii) The conduct of a reentry.
    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.
    Space support vessel means any vessel engaged in the support of 
space activities.
    Splashdown means the landing of a reentry vehicle into a body of 
water.
    (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 or a designated representative. All foreign-
flagged vessels are requested and 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 Honolulu Command Center by 
telephone at (808) 842-2600 or the District Commander'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 or a designated representative.
    (3) The COTP Honolulu or a designated representative may restrict 
vessel movement including but not limited to transiting, anchoring, or 
mooring within the safety zone 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.
    (d) Enforcement period. (1) To the extent possible, twenty-four 
hours before a reentry vehicle splashdown, reentry vehicle splashdown, 
the District Commander, Captain of the Port Sector Honolulu or 
designated representative will inform the public of the activation of 
the safety zone described in paragraph (a) of this section by Broadcast 
Notice to Mariners on VHF-FM channel 16. The safety zone described in 
paragraph (a) will remain activated until announced by Broadcast Notice 
to Mariners on VHF-FM channel 16, and/or Marine Safety Information 
Bulletin (as appropriate) that the safety zone is no longer subject to 
enforcement.
    (2) After a reentry vehicle splashdown, the District Commander, 
Captain of the Port Sector Honolulu, or a designated representative 
will grant general permission to come no closer than three nautical 
miles of any reentry vehicle or space support vessel engaged in the 
recovery operations, within the activated safety zone described in 
paragraph (a) of this section.
    (3) Once a reentry vehicle or its remnants are removed from the 
water and secured onboard a space support vessel, the District 
Commander, Captain of the Port Sector Honolulu, or designated 
representative will issue a Broadcast Notice to Mariners on VHF-FM 
channel 16 announcing the activated safety zone is no longer subject to 
enforcement.
    (e) Effective period. This section is effective from 12:01 a.m. on 
November 17, 2023, through 11:59 p.m. on November 20, 2023.

Blake L. Novak,
Captain, U.S. Coast Guard, Fourteenth Coast Guard District.
[FR Doc. 2023-25429 Filed 11-15-23; 8:45 am]
BILLING CODE 9110-04-P


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