Federal Register / Vol. 87, No. 113 / Monday, June 13, 2022 / Proposed Rules 35697 

Drafting Information 

Jennifer Berry of the Regulations and 

Rulings Division, Alcohol and Tobacco 

Tax and Trade Bureau, drafted this 

document. 

List of Subjects in 27 CFR Part 4 

Administrative practice and 

procedure, Advertising, Customs duties 

and inspection, Imports, Labeling, 

Packaging and containers, Reporting 

and recordkeeping requirements, Trade 

practices, Wine. 

Proposed Regulatory Amendment 

For the reasons discussed in the 

preamble, TTB proposes to amend 27 

CFR, chapter I, part 4 as set forth below: 

PART 4—LABELING AND 

ADVERTISING OF WINE 

■ 1. The authority citation for 27 CFR 

part 4 continues to read as follows: 

Authority: 27 U.S.C. 205, unless otherwise 

noted. 

■ 2. Section 4.39 is amended by: 

■ a. Revising paragraphs (a)(7) 

introductory text and (a)(7)(i); and 

■ b. Removing the undesignated 

paragraph located after paragraph 

(a)(7)(iii). 

The revisions reads as follows: 

§ 4.39 Prohibited practices. 

(a) * * * 

(7) Any statement, design, device, or 

representation (other than a statement of 

alcohol content in conformity with 

§ 4.36), which tends to create a 

misleading or inaccurate impression 

that a wine: 

(i) Contains distilled spirits. (A wine 

that contains added distilled spirits may 

be labeled with an accurate statement of 

composition which references the type 

of distilled spirits that have been added, 

for example, ‘‘grape wine fortified with 

apple brandy,’’ or ‘‘apple wine with 

apple neutral spirits,’’ and not be 

considered misleading.); 

(ii) * * * 

(iii) * * * 

* * * * * 

■ 3. Section 4.64 is amended by revising 

paragraph (a)(8), including the 

undesignated concluding paragraph, to 

read as follows: 

§ 4.64 Prohibited practices. 

(a) * * * 

(8) Any statement, design, device, or 

representation which relates to alcohol 

content or which tends to create a 

misleading or inaccurate impression 

that a wine: 

(i) Contains distilled spirits. (A wine 

that contains added distilled spirits may 

be labeled with an accurate statement of 

composition which references the type 

of distilled spirits that have been added, 

for example, ‘‘grape wine fortified with 

apple brandy,’’ or ‘‘apple wine with 

apple neutral spirits,’’ and not be 

considered misleading.); 

* * * * * 

■ 3. Section 4.64 is amended by revising 

paragraph (a)(8) to read as follows: 

§ 4.64 Prohibited practices. 

(a) * * * 

(8)(i) Any statement, design, device, 

or representation which relates to 

alcohol content or which tends to create 

a misleading or inaccurate impression 

that a wine: 

(A) Contains distilled spirits. (A wine 

that contains added distilled spirits may 

be designated with an accurate 

statement of composition which 

references the type of distilled spirits 

that have been added, for example, 

‘‘grape wine fortified with apple 

brandy,’’ or ‘‘apple wine with apple 

neutral spirits,’’ and not be considered 

misleading.); (B) Is comparable to a 

distilled spirit; 

(C)) Has intoxicating qualities. 

(ii) An approved wine label, which 

bears the statement of alcohol content, 

may be depicted in any advertising 

media, or an actual wine bottle showing 

the approved label bearing the statement 

of alcohol content may be displayed in 

any advertising media. 

* * * * * 

Signed: May 27, 2022. 

Mary G. Ryan, 

Administrator. 

Approved: May 27, 2022. 

Timothy E. Skud, 

Deputy Assistant Secretary (Tax, Trade, and 

Tariff Policy). 

[FR Doc. 2022–11901 Filed 6–10–22; 8:45 am] 

BILLING CODE 4810–31–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2022–0289] 

RIN 1625–AA00 

Safety Zones in Reentry Sites; 

Jacksonville, Daytona, Cape 

Canaveral, Tampa, and Tallahassee, 

Florida 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: This proposed rule would 

implement a special activities provision 

of the William M. (Mac) Thornberry 

National Defense Authorization Act for 

Fiscal Year 2021. The Coast Guard is 

proposing to establish five temporary 

safety zones for the safe splashdown 

and recovery of reentry vehicles 

launched by Space Exploration 

Technologies Corporation (SpaceX) in 

support of National Aeronautics and 

Space Administration (NASA) missions 

for the remainder of 2022. The proposed 

temporary safety zones are located 

within the Coast Guard District Seven 

area of responsibility (AOR) offshore of 

Jacksonville, Daytona, Cape Canaveral, 

Tampa, and Tallahassee, Florida. This 

proposed rule would prohibit U.S.- 

flagged vessels from entering any of the 

temporary safety zones unless 

authorized by the District Commander 

of the Seventh Coast Guard District or 

a designated representative. Foreignflagged vessels would be encouraged to 

remain outside the safety zones. This 

action is necessary to protect vessels 

and waterway users from the potential 

hazards created by reentry vehicle 

splashdowns and recovery operations in 

the U.S. Exclusive Economic Zone 

(EEZ). It is also necessary to provide for 

the safe recovery of reentry vehicles, 

and any personnel involved in reentry 

services, after the splashdown. We 

invite your comments on this proposed 

rulemaking. 

DATES: Comments and related material 

must be received by the Coast Guard on 

or before July 13, 2022. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2022–0289 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, 

District 7 Waterways Division (dpw), 

U.S. Coast Guard; telephone (305) 415– 

6748, email Stephanie.L.Miranda@

uscg.mil. 

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 


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35698 Federal Register / Vol. 87, No. 113 / Monday, June 13, 2022 / Proposed Rules 

1The Coast Guard defines the U.S. exclusive 

economic zone in 33 CFR 2.30(a). Territorial sea is 

defined in 33 CFR 2.22. 

2Space 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. 

3The term launch is defined in 51 U.S.C. 50902. 

4Reentry site means the location on Earth to 

which a reentry vehicle is intended to return (as 

defined in a license the FAA Administrator issues 

or transfers under this chapter). 

5Splashdown refers to the landing of a reentry 

vehicle into a body of water. 

6Reentry 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. 

NASA National Aeronautics and Space 

Administration 

NM Nautical Mile 

NPRM Notice of Proposed Rulemaking 

§ Section 

SpaceX Space Exploration Technologies 

Corporation 

U.S. United States 

U.S.C. United States Code 

II. Background, Purpose, and Legal 

Basis 

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 two-year pilot program to 

establish and implement a process to 

establish safety zones to address special 

activities in the U.S. Exclusive 

Economic Zone (EEZ).1 These special 

activities include space activities 2

carried out by United States (U.S.) 

citizens. Terms used to describe space 

activities, including launch, reentry site, 

and reentry vehicle, are defined in 51 

U.S.C. 50902, and in this document. 

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 3

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), and private 

space operators, including Space 

Exploration Technologies Corporation 

(SpaceX). This engagement is necessary 

to ensure statutory and regulatory 

obligations are met to ensure the safety 

of launch operations and waterway 

users. 

During this engagement, the Coast 

Guard was informed of space reentry 

vehicles and recovery operations in the 

U.S. EEZ. Section 50902 of 51 U.S.C. 

defines ‘‘reentry vehicle’’ as 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. SpaceX, a U.S. 

company, has identified five reentry 

sites 4 within the U.S. EEZ of the Coast 

Guard District Seven area of 

responsibility (AOR) expected to be 

used for the splashdown 5 and recovery 

of reentry vehicles. All of these sites are 

off the coast of Florida (FL)—three are 

located in the Atlantic Ocean and two 

are located in the Gulf of Mexico. 

On April 20, 2022, we published a 

temporary final rule in the Federal 

Register (87 FR 23441) for two 

anticipated reentry vehicle recovery 

missions within the Coast Guard District 

Seven AOR offshore of Jacksonville, 

Daytona, Cape Canaveral, Tampa, and 

Tallahassee, FL, from April 17, 2022, 

through May 15, 2022. Based on the 

date the Coast Guard was informed of 

the reentry, and the immediate need to 

establish the safety zone, the Coast 

Guard did not have sufficient time to 

publish a notice of proposed rulemaking 

(NPRM) for that rule. 

The purpose of this rulemaking is to 

ensure the protection of vessels and 

waterway users in the U.S. EEZ from the 

potential hazards created by reentry 

vehicle splashdowns and recovery 

operations, and the safe recovery of 

reentry vehicles and personnel involved 

in reentry services.6 The Coast Guard is 

proposing this rulemaking under 

authority of section 8343 of the 

Authorization Act. 

III. Discussion of Proposed Rule 

The Coast Guard is proposing to 

establish five temporary safety zones in 

the U.S. EEZ for the safe reentry vehicle 

splashdown and recovery of reentry 

vehicles launched by SpaceX in support 

of NASA missions through the 

remainder of 2022. 

The proposed temporary safety zones 

are located within the Coast Guard 

District Seven AOR offshore of 

Jacksonville, Daytona, and Cape 

Canaveral, FL, in the Atlantic Ocean, 

and Tampa and Tallahassee, FL, in the 

Gulf of Mexico. The proposed rule 

would prohibit U.S.-flagged vessels 

from entering any of the safety zones 

unless authorized by the District 

Commander of the Seventh Coast Guard 

District or a designated representative. 

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 

would be encouraged to remain outside 

the safety zones. 

Three of the five proposed temporary 

safety zones are located off the coast of 

FL in the Atlantic Ocean in the 

following areas: (1) Approximately 65 

nautical miles (NM) northeast from 

Jacksonville; (2) 29 NM northeast from 

Daytona; and (3) 17 NM east from Port 

Canaveral. The remaining two proposed 

temporary safety zones are located off 

the coast of FL in the Gulf of Mexico in 

the following areas: (1) Approximately 

58 NM northwest from Tampa Bay; and 

(2) 43 NM south from Tallahassee. The 

Jacksonville, Daytona, Cape Canaveral, 

and Tampa safety zones have an 

approximate area of 256 square miles, 

and are diamond shaped with the top 

point of the diamond pointing to the 

North. The Tallahassee safety zone is 

approximately 59 square miles in size 

and is triangular in shape. The 

Tallahassee safety zone, as provided by 

NASA and SpaceX, is the same size and 

shape as the other four safety zones; 

however, only a portion of the safety 

zone is within the jurisdiction of the 

Seventh Coast Guard District, so only 

the 59 square miles is included in this 

proposed rule. The remaining portion of 

the safety zone falls within the Coast 

Guard District Eight AOR. 

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, the 

potential risk to the public, and the 

proximity to medical facilities that meet 

NASA requirements. The specific 

coordinates for the five temporary safety 

zones are presented in the regulatory 

text at the end of this document. 

To the extent feasible, the District 

Commander or a designated 

representative would inform the public 

of the activation of the five temporary 

safety zones by Notice of Enforcement 

(NOE) published in the Federal Register 

at least two days before the reentry 

vehicle splashdown. The NOE would 

identify the approximate date(s) during 

which a reentry vehicle splashdown and 

recovery operations would occur. 

To the extent possible, twenty-four 

hours before a reentry vehicle 

splashdown and recovery operations, 

the District Commander or designated 

representative would inform the public 

that only one of the five safety zones 

would remain activated (subject to 

enforcement) until announced by 

Broadcast Notice to Mariners (BNM) on 

VHF–FM channel 16, and/or Marine 

Safety Information Bulletin (MSIB) (as 

appropriate) that the safety zone is no 

longer subject to enforcement. The 

specific temporary safety zone to be 

enforced would be based on varying 


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7Space 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. 

mission and environmental factors, 

including atmospheric conditions, sea 

state, weather, and orbital calculations. 

The MSIB would include the 

geographic coordinates of the activated 

safety zone, a map identifying the 

location of the activated safety zone, 

and information related to potential 

hazards associated with a reentry 

vehicle splashdown and recovery 

operations associated with space 

activities, including marine 

environmental and public health 

hazards, such the release of hydrazine 

and other potential oil or hazardous 

substances. 

When the safety zone is activated, the 

District Commander or a designated 

representative would 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 would 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.7

After a reentry vehicle splashdown, 

the District Commander or a designated 

representative would grant general 

permission to come no closer than 3 NM 

within the activated safety zone from 

any reentry vehicle or space support 

vessel engaged in the recovery 

operations. The recovery operations are 

expected to last approximately one 

hour. That should allow for sufficient 

time to let any potential toxic materials 

clear the reentry vehicle, recovery of the 

reentry vehicle by the space support 

vessel, and address any potential 

medical evacuations for any personnel 

involved in reentry services that were 

onboard the reentry vehicle. 

Once a reentry vehicle and any 

personnel involved in reentry services 

are removed from the water and secured 

onboard a space support vessel, the 

District Commander or designated 

representative would issue a BNM on 

VHF–FM channel 16 announcing the 

activated safety zone is no longer 

subject to enforcement. A photograph of 

a reentry vehicle and space support 

vessel expected to use the reentry sites 

are available in the docket. 

IV. 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). 

This regulatory action determination 

is based on the size, location, duration, 

and scope of the temporary safety zones. 

The temporary safety zones are limited 

in size and location to only those areas 

where reentry vehicles splashdown and 

recovery operations occur. The safety 

zones are limited in scope, as vessel 

traffic would be able to safely transit 

around the activated safety zone which 

will only impact a small part of the U.S. 

EEZ within the Atlantic Ocean and Gulf 

of Mexico. The proposed rule involves 

the establishment of five temporary 

safety zones which would be activated 

two days before a reentry vehicle 

splashdown and recovery operations. 

Twenty-four hours before a reentry 

vehicle splashdown, one of the five 

temporary safety zones would remain 

active. After a reentry vehicle 

splashdown, general permission would 

be granted to come no closer than 3 NM 

within the activated safety zone. There 

is a danger associated with fumes from 

the reentry vehicle after it has splashed 

down. Once a reentry vehicle and any 

personnel involved in reentry services 

are removed from the water and secured 

onboard a space support vessel, the 

activated safety zone would no longer 

be subject to enforcement. The activated 

safety zone would ensure the protection 

of vessels and waterway users from the 

potential hazards created by a reentry 

vehicle splashdown and recovery 

operations and the recovery of a reentry 

vehicle, personnel involved in reentry 

services, and space support vessel. 

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 safety zones are only expected to 

last a few hours from reentry vehicle 

splashdown to recovery. Vessels will be 

able to transit around the activated 

safety zone location during these 

recoveries. We do not anticipate any 

significant economic impact resulting 

from activation of the safety zones. 

If you think that your business, 

organization, or governmental 

jurisdiction qualifies as a small entity, 

and that this proposed 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 proposed 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 

proposed 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 


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35700 Federal Register / Vol. 87, No. 113 / Monday, June 13, 2022 / Proposed Rules 

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 

potential effects of this proposed rule 

elsewhere in this preamble. 

F. Environment 

We have analyzed this proposed 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 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 establishment of five 

temporary safety zones which would be 

activated two days before a reentry 

vehicle splashdown and recovery 

operations. Twenty-four hours before a 

reentry vehicle splashdown, one of the 

five temporary safety zones would 

remain active. After a reentry vehicle 

splashdown, general permission would 

be granted to come no closer than 3 NM 

within the activated safety zone. Once a 

reentry vehicle and any personnel 

involved in reentry services are 

removed from the water and secured 

onboard a space support vessel, the 

activated safety zone would no longer 

be subject to enforcement. Normally 

such actions are 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 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. 

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–2022–0289 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 is proposing 

to amend 33 CFR part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 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. 

■ 2. Add § 165.T07–0289 to read as 

follows: 

§ 165.T07–0289 Safety Zones in Reentry 

Sites; Jacksonville, Daytona, Cape 

Canaveral, Tampa, and Tallahassee, Florida. 

(a) Location. The coordinates used in 

this paragraph are based on the World 

Geodetic System (WGS) 1984. The 

following areas are safety zones: 

(1) Jacksonville Site. All waters from 

surface to bottom encompassed within a 

line connecting the following points: 

Point 1, thence to Point 2, thence to 

Point 3, thence to Point 4, and then back 

to Point 1. 

TABLE TO PARAGRAPH (a)(1) 

Point 1 .... 31°06′28′′ N 080°15′00′′ W 

Point 2 .... 30°55′01′′ N 080°01′40′′ W 

Point 3 .... 30°43′30′′ N 080°15′00′′ W 

Point 4 .... 30°55′01′′ N 080°28′19′′ W 

(2) Daytona Site. All waters from 

surface to bottom encompassed within a 

line connecting the following points: 

Point 1, thence to Point 2, thence to 

Point 3, thence to Point 4, and then back 

to Point 1. 

TABLE TO PARAGRAPH (a)(2) 

Point 1 .... 29°59′27′′ N 080°40′01′′ W 

Point 2 .... 29°48′00′′ N 080°26′52′′ W 

Point 3 .... 29°36′32′′ N 080°40′01′′ W 

Point 4 .... 29°48′00′′ N 080°53′09′′ W 

(3) Cape Canaveral Site. All waters 

from surface to bottom encompassed 

within a line connecting the following 

points: Point 1, thence to Point 2, thence 

to Point 3, thence to Point 4, and then 

back to Point 1. 


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TABLE TO PARAGRAPH (a)(3) 

Point 1 .... 29°02′27′′ N 080°13′48′′ W 

Point 2 .... 28°51′00′′ N 080°00′46′′ W 

Point 3 .... 28°39′32′′ N 080°13′48′′ W 

Point 4 .... 28°51′00′′ N 080°26′49′′ W 

(4) Tampa Site. All waters from 

surface to bottom encompassed within a 

line connecting the following points: 

Point 1, thence to Point 2, thence to 

Point 3, thence to Point 4, and then back 

to Point 1. 

TABLE TO PARAGRAPH (a)(4) 

Point 1 .... 28°17′27′′ N 083°54′00′′ W 

Point 2 .... 28°06′00′′ N 083°41′02′′ W 

Point 3 .... 27°54′32′′ N 083°54′00′′ W 

Point 4 .... 28°06′00′′ N 084°06′57′′ W 

(5) Tallahassee Site. All waters from 

surface to bottom encompassed within a 

line connecting the following points: 

Point 1, thence to Point 2, thence to 

Point 3, and then back to Point 1. 

TABLE TO PARAGRAPH (a)(5) 

Point 1 .... 29°22′38′′ N 084°05′20′′ W 

Point 2 .... 29°16′58′′ N 083°58′55′′ W 

Point 3 .... 29°06′20′′ N 084°11′12′′ W 

(b) Definitions. As used in this 

section— 

Designated representative means a 

Coast Guard Captain of the Port (COTP) 

in the Seventh Coast Guard District; 

Coast Guard Patrol Commander, 

including a Coast Guard coxswain, petty 

officer, or other officer operating a Coast 

Guard vessel; Coast Guard 

Representatives in the Merrill 

Operations Center; and other officers 

designated by the District Commander 

of the Seventh Coast Guard District or 

cognizant COTP. 

District Commander means 

Commander of the Seventh Coast Guard 

District. 

Reentry Services means 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 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. These vessels are typically 

approximately 170 feet in length, have 

a forward wheelhouse, and are 

equipped with a helicopter pad and 

lifting crane. 

Splashdown means the landing of a 

reentry vehicle into a body of water. 

(c) Regulations. (1) Because the safety 

zones described in paragraph (a) of this 

section are within the U. S. Exclusive 

Economic Zone, only U.S.-flagged 

vessels are subject to enforcement. All 

foreign-flagged vessels are encouraged 

to remain outside the safety zones. 

(2) In accordance with the general 

regulations in 33 CFR part 165, subpart 

C, no U.S.-flagged vessel may enter the 

safety zones described in paragraph (a) 

of this section unless authorized by the 

District Commander or a designated 

representative, except as provided in 

paragraph (d)(3) of this section. 

(d) Notification of Enforcement. (1) To 

the extent feasible, the District 

Commander or a designated 

representative will inform the public of 

the activation of the five safety zones 

described in paragraph (a) of this 

section by Notice of Enforcement 

published in the Federal Register at 

least two days before the splashdown. 

(2) To the extent possible, twenty-four 

hours before a reentry vehicle 

splashdown, the District Commander or 

designated representative will inform 

the public that only one of the five 

safety zones 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. 

(3) After a reentry vehicle 

splashdown, the District Commander or 

a designated representative will grant 

general permission to come no closer 

than 3 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. 

(4) Once a reentry vehicle, and any 

personnel involved in reentry service, 

are removed from the water and secured 

onboard a space support vessel, the 

District Commander 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 [EFFECTIVE DATE OF 

FINAL RULE] through December 31, 

2022. 

Dated: June 6, 2022. 

Brendan C. McPherson, 

Rear Admiral, U.S. Coast Guard, Commander, 

Seventh Coast Guard District. 

[FR Doc. 2022–12540 Filed 6–10–22; 8:45 am] 

BILLING CODE 9110–04–P 

POSTAL SERVICE 

39 CFR Part 111 

Parcels Prepared in Soft Packaging 

AGENCY: Postal ServiceTM. 

ACTION: Proposed rule; withdrawal. 

SUMMARY: The Postal Service is 

withdrawing the proposed rule that 

would have added new subsections to 

establish parcel selvage standards and to 

clarify how to measure parcels prepared 

in soft packaging. 

DATES: The proposed rule published on 

March 24, 2022 (87 FR 16700), is 

withdrawn effective [immediately or 

June 13, 2022. 

FOR FURTHER INFORMATION CONTACT: 

Karen F. Key at (202) 268–7492 or Garry 

Rodriguez at (202) 268–7281. 

SUPPLEMENTARY INFORMATION: In the 

proposed rule that was published in the 

Federal Register on March 24, 2022, the 

Postal Service proposed to implement a 

two-inch maximum of selvage on the 

length and the width of a parcel 

prepared in soft packaging and to 

provide a clarification defining how to 

measure parcels prepared in soft 

packaging to generally determine the 

length, width, and height of the 

mailpiece. 

In consideration of concerns 

expressed by members of the mailing 

community during the proposed rule 

comment period, the Postal Service has 

elected to withdraw the proposed rule. 

Joshua J. Hofer, 

Attorney, Ethics & Legal Compliance. 

[FR Doc. 2022–12596 Filed 6–10–22; 8:45 am] 

BILLING CODE P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2016–0673; FRL–9878–01– 

R6] 

Air Plan Approval; AlbuquerqueBernalillo County, New Mexico; Excess 

Emissions 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: Pursuant to the Federal Clean 

Air Act (CAA, the Act), the 

Environmental Protection Agency (EPA) 

is proposing to approve a State 

Implementation Plan (SIP) revision from 

the New Mexico Environment 

Department (NMED) submitted on 

October 17, 2016, on behalf of the 


khammond on DSKJM1Z7X2PROD with PROPOSALS