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°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, onscene 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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918 Federal Register / Vol. 87, No. 5 / Friday, January 7, 2022 / Proposed Rules 

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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Federal Register / Vol. 87, No. 5 / Friday, January 7, 2022 / Proposed Rules 919 

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 onscene 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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