[Federal Register Volume 80, Number 25 (Friday, February 6, 2015)]
[Notices]
[Pages 6728-6729]
[FR Doc No: 2015-02348]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2010-N-0161]

Agency Information Collection Activities; Submission for Office
of Management and Budget Review; Comment Request; Export of Food and
Drug Administration Regulated Products: Export Certificates

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: The Food and Drug Administration (FDA) is announcing that a
proposed collection of information has been submitted to the Office of
Management and Budget (OMB) for review and clearance under the
Paperwork Reduction Act of 1995.

DATES: Fax written comments on the collection of information by March
9, 2015.

ADDRESSES: To ensure that comments on the information collection are
received, OMB recommends that written comments be faxed to the Office
of Information and Regulatory Affairs, OMB, Attn: FDA Desk Officer,
FAX:<PHONE_NUMBER>, or emailed to<EMAIL_ADDRESS>All
comments should be identified with the OMB control number 0910-0498.
Also include the FDA docket number found in brackets in the heading of
this document.

FOR FURTHER INFORMATION CONTACT: FDA PRA Staff, Office of Operations,
Food and Drug Administration, 8455 Colesville Rd., COLE-14526, Silver
Spring, MD 20993-0002<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: In compliance with 44 U.S.C. 3507, FDA has
submitted the following proposed collection of information to OMB for
review and clearance.

Export of Food and Drug Administration Regulated Products: Export
Certificates--(OMB Control Number 0910-0498)--Extension

    In April 1996, a law entitled ``The FDA Export Reform and
Enhancement Act of 1996'' (FDAERA) amended sections 801(e) and 802 of
the FD&C Act (21 U.S.C. 381(e) and 382). It was designed to ease
restrictions on exportation of unapproved pharmaceuticals, biologics,
and devices regulated by FDA. Section 801(e)(4) of the FDAERA provides
that persons exporting certain FDA regulated products may request FDA
to certify that the products meet the requirements of 801(e) and 802 or
other requirements of the FD&C Act. This section of the law requires
FDA to issue certification within 20 days of receipt of the request and
to charge firms up to $175 for the certifications.
    This section of the FD&C Act authorizes FDA to issue export
certificates for regulated pharmaceuticals, biologics, and devices that
are legally marketed in the United States, as well as for these same
products that are not legally marketed but are acceptable to the
importing country, as specified in sections 801(e) and 802 of the FD&C
Act. FDA has developed four types of certificates that satisfy the
requirements of section 801(e)(4)(B) of the FD&C Act: (1) Certificates
to Foreign Governments, (2) Certificates of Exportability, (3)
Certificates of a Pharmaceutical Product, and (4) Non-Clinical Research
Use Only Certificates. Table 1 of this document lists the different
certificates and details their use:

                     Table 1--Certificates and Uses
------------------------------------------------------------------------
          Type of certificate                          Use
------------------------------------------------------------------------
``Supplementary Information Certificate  For the export of products
 to Foreign Government Requests''.        legally marketed in the United
``Exporter's Certification Statement      States.
 Certificate to Foreign Government''.
``Exporter's Certification Statement
 Certificate to Foreign Government (For
 Human Tissue Intended for
 Transplantation)''.
``Supplementary Information Certificate  For the export of products not
 of Exportability Requests''.             approved for marketing in the
Exporter's Certification Statement        United States (unapproved
 Certificate of Exportability''.          products) that meet the
                                          requirements of sections
                                          801(e) or 802 of the FD&C Act.
``Supplementary Information Certificate  Conforms to the format
 of a Pharmaceutical Product''.           established by the World
``Exporter's Certification Statement      Health Organization and is
 Certificate of a Pharmaceutical          intended for use by the
 Product''.                               importing country when the
                                          product in question is under
                                          consideration for a product
                                          license that will authorize
                                          its importation and sale or
                                          for renewal, extension,
                                          amending, or reviewing a
                                          license.
``Supplementary Information Non-         For the export of a non-
 Clinical Research Use Only               clinical research use only
 Certificate''.                           product, material, or
``Exporter's Certification Statement      component that is not intended
 (Non-Clinical Research Use Only)''..     for human use which may be
                                          marketed in, and legally
                                          exported from the United
                                          States under the FD&C Act.
------------------------------------------------------------------------

    FDA will continue to rely on self-certification by manufacturers
for the first three types of certificates listed in table 1 of this
document. Manufacturers are requested to self-certify that they are in
compliance with all applicable requirements of the FD&C Act, not only
at the time that they submit their request to the appropriate center,
but also at the time that they submit the certification to the foreign
government.
    The appropriate FDA centers will review product information
submitted by firms in support of their certificate and any suspected
case of fraud will be referred to FDA's Office of Criminal
Investigations for follow up. Making or submitting to FDA false
statements on any documents may constitute violations of 18 U.S.C.
1001, with penalties including up to $250,000 in fines and up to 5
years imprisonment.
    In the Federal Register of November 14, 2014 (79 FR 68277), FDA
published a 60-day notice requesting public comment on the proposed
collection of information. No comments were received.
    FDA estimates the burden of this collection of information as
follows:

                                 Table 2--Estimated Annual Reporting Burden \1\
----------------------------------------------------------------------------------------------------------------
                                                     Number of
     FDA center and FDA form         Number of     responses per   Total annual   Average burden    Total hours
                                    respondents     respondent       responses     per response
----------------------------------------------------------------------------------------------------------------
Center for Biologics Evaluation            2,114               1           2,114               1           2,114
 and Research...................
    FDA 3613....................
    FDA 3613a...................
    FDA 3613b...................
    FDA 3613c...................
Center for Devices and                    10,528               1          10,528               2          21,056
 Radiological Health............
    FDA 3613....................
    FDA 3613a...................
    FDA 3613c...................
Center for Veterinary Medicine..             855               1             855               1             855
    FDA 3613....................
    FDA 3613a...................
    FDA 3613b...................
                                 -------------------------------------------------------------------------------
    Total.......................  ..............  ..............  ..............  ..............          24,025
----------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of
  information.

    Dated: January 30, 2015.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2015-02348 Filed 2-5-15; 8:45 am]
BILLING CODE 4164-01-P


[Federal Register Volume 87, Number 161 (Monday, August 22, 2022)]
[Rules and Regulations]
[Pages 51253-51257]
[FR Doc No: 2022-18024]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2022-0716]
RIN 1625-AA00

Safety Zones; Pensacola, Panama City, and Tallahassee, Florida

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: This temporary final 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 establishing
three temporary safety zones for the safe splashdown and recovery of
reentry vehicles launched by Space Exploration Technologies Corporation
(SpaceX) in support of the National Aeronautics and Space
Administration (NASA) from August 16, 2022 until September 30, 2022.
These three temporary safety zones are located within the Captain of
the Port Sector Mobile area of responsibility offshore of Pensacola,
Panama City, and Tallahassee, Florida. This rule would prohibit U.S.
flagged vessels from entering any of the temporary safety zones unless
authorized by the Captain of the Port Sector Mobile or a designated
representative. Foreign-flagged 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.

DATES: This rule is effective without actual notice from August 22,
2022 until September 30, 2022. For the purposes of enforcement, actual
notice will be used from August 16, 2022 until August 22, 2022.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2022-0716 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 Andrew Anderson, Sector Mobile Chief of
Waterways (spw), U.S. Coast Guard; telephone<PHONE_NUMBER>, email
[email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
EEZ Exclusive Economic Zone
FR Federal Register
NASA National Aeronautics and Space Administration
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code
Space X Space Exploration Technologies Corporation

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.
---------------------------------------------------------------------------

    \1\ The Coast Guard defines the U.S. exclusive economic zone in
33 CFR 2.30(a). Territorial sea is defined in 33 CFR 2.22.
    \2\ Space 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.
---------------------------------------------------------------------------

    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.
---------------------------------------------------------------------------

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

    During this engagement, the Coast Guard was informed of space
reentry vehicles and recovery operations in the U.S. EEZ. In accordance
with 51 U.S.C. Section 50902, ``reentry vehicle'' is defined 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 three reentry sites \4\ within the U.S. EEZ of the Captain
of the Port Sector Mobile area of responsibility (AOR) expected to be
used for the splashdown \5\ and recovery of reentry vehicles. All of
these sites are located in the Gulf of Mexico off the Coast of Florida
(FL).
---------------------------------------------------------------------------

    \4\ Reentry 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).
    \5\ Splashdown refers to the landing of a reentry vehicle into a
body of water.
---------------------------------------------------------------------------

    On May 4, 2022, we published a temporary final rule in the Federal
Register (87 FR 26276) for two anticipated reentry vehicle recovery
missions within the Captain of the Port Sector Mobile AOR offshore of
Panama City, Pensacola, 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 rule 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 rule under authority of
section 8343 of the Authorization Act.
---------------------------------------------------------------------------

    \6\ 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
---------------------------------------------------------------------------

    The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the 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 an NPRM with respect to this rule
because it is impracticable and contrary to the public interest. The
National Aeronautics and Space Administration (NASA) Crew-3 capsule
recovery mission was approved and scheduled less than 30 days before
the need for the three safety zones to be in place starting on August
16, 2022. 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 the recovery missions.
    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 zones must be established by August 16,
2022, to mitigate safety concerns during the capsule recovery missions.

III. Discussion of Proposed Rule

    The Coast Guard is establishing three 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 between
August 16, 2022 and September 30, 2022, with one vehicle recovery
taking place in the month of August and one vehicle recovery taking
place in the month of September.
    The temporary safety zones are located within the Captain of the
Port Sector Mobile AOR offshore of Panama City, Pensacola, and
Tallahassee, FL in the Gulf of Mexico. The temporary final rule
prohibits U.S.-flagged vessels from entering any of the safety zones
unless authorized by the Captain of the Port Sector Mobile 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 are encouraged to remain outside
the safety zones.
    The three temporary safety zones are located off the coast of FL in
the Gulf of Mexico in the following areas:
    (1) Pensacola site: All waters from surface to bottom encompassed
within the following coordinates connecting a line from Point 1, thence
to Point 2, thence to Point 3, and thence to point 4, connecting back
to Point 1:

------------------------------------------------------------------------

------------------------------------------------------------------------
Point 1.......................  29.991[deg] N        -087.500[deg] W
Point 2.......................  29.800[deg] N        -087.281[deg] W
Point 3.......................  29.609[deg] N        -087.500[deg] W
Point 4.......................  29.800[deg] N        -087.500[deg] W
------------------------------------------------------------------------

    (2) Panama City site: All waters from surface to bottom encompassed
within the following coordinates connecting a line from Point 1, thence
to Point 2, thence to Point 3, and thence to point 4, connecting back
to Point 1:

------------------------------------------------------------------------

------------------------------------------------------------------------
Point 1.......................  29.907[deg] N        -086.183[deg] W
Point 2.......................  29.716[deg] N        -085.964[deg] W
Point 3.......................  29.525[deg] N        -086.183[deg] W
Point 4.......................  29.716[deg] N        -086.402[deg] W
------------------------------------------------------------------------

    (3) Tallahassee site: All waters from surface to bottom encompassed
within the following coordinates connecting a line from Point 1, thence
to Point 2, thence to Point 3, and thence to point 4, connecting back
to Point 1:

------------------------------------------------------------------------

------------------------------------------------------------------------
Point 1.......................  29.474[deg] N        -084.200[deg] W
Point 2.......................  29.283[deg] N        -083.982[deg] W
Point 3.......................  29.092[deg] N        -084.200[deg] W
Point 4.......................  29.283[deg] N        -084.418[deg] 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, the potential risk to the public, and the
proximity to medical facilities that meet NASA requirements. The
specific coordinates for the three temporary safety zones are presented
in the regulatory text at the end of this document.
    To the extent feasible, the Captain of the Port Sector Mobile or a
designated representative will inform the public of the activation of
the three temporary safety zones by Broadcast Notice to Mariners (BNM)
on VHF-FM channel 16 and/or Marine Safety Information Bulletin (MSIB)
(as appropriate) at least two days before the reentry vehicle
splashdown. These broadcasts will 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 Captain of the Port Sector
Mobile or designated representative will inform the public that only
one of the three

safety zones would remain activated (subject to enforcement) until
announced by BNM on VHF-FM channel 16, and/or MSIB (as appropriate)
that the safety zone is no longer subject to enforcement. The specific
temporary safety zone to be enforced will be based on varying mission
and environmental factors, including atmospheric conditions, sea state,
weather, and orbital calculations.
    The MSIB will 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 Captain of the Port Sector
Mobile 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.\7\
---------------------------------------------------------------------------

    \7\ 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.
---------------------------------------------------------------------------

    After a reentry vehicle splashdown, the Captain of the Port Sector
Mobile 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. 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 Captain of the Port Sector Mobile 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 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 safety zones. The safety zones are
limited in size and location to only those areas where capsule re-entry
is reasonably occurs. The safety zones are limited in scope, as vessel
traffic will be able to safely transit around the safety zones which
will impact a small part of the United States exclusive economic zone
(EEZ) within the Gulf of Mexico.

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.
    The safety zone activation and thus restriction to the public is
expected to be approximately two hours per capsule recovery, and we
anticipate one splash down during the effective period of this rule.
Vessels would be able to transit around the activated safety zone
location during this recovery. We do not anticipate any significant
economic impact resulting from activation of the safety zones.
    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 the
establishing of three temporary safety zones, one of which may be
activated on one occasion for approximately two hours between August
16, 2022 and September 30, 2022 for a SpaceX and NASA mission. 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; 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.

0
2. Add Sec.  165.T08-0716 to read as follows:

Sec.  165.T08-0716  Safety Zones; Pensacola, Panama City, 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) Pensacola site. All waters from surface to bottom encompassed
within the following coordinates connecting a line from Point 1, thence
to Point 2, thence to Point 3, and thence to point 4, connecting back
to Point 1:

------------------------------------------------------------------------

------------------------------------------------------------------------
Point 1.......................  29.991[deg] N        -087.500[deg] W
Point 2.......................  29.800[deg] N        -087.281[deg] W
Point 3.......................  29.609[deg] N        -087.500[deg] W
Point 4.......................  29.800[deg] N        -087.500[deg] W
------------------------------------------------------------------------

    (2) Panama City site. All waters from surface to bottom encompassed
within the following coordinates connecting a line from Point 1, thence
to Point 2, thence to Point 3, and thence to point 4, connecting back
to Point 1:

------------------------------------------------------------------------

------------------------------------------------------------------------
Point 1.......................  29.907[deg] N        -086.183[deg] W
Point 2.......................  29.716[deg] N        -085.964[deg] W
Point 3.......................  29.525[deg] N        -086.183[deg] W
Point 4.......................  29.716[deg] N        -086.402[deg] W
------------------------------------------------------------------------

    (3) Tallahassee site. All waters from surface to bottom encompassed
within the following coordinates connecting a line from Point 1, thence
to Point 2, thence to Point 3, and thence to point 4, connecting back
to Point 1:

------------------------------------------------------------------------

------------------------------------------------------------------------
Point 1.......................  29.474[deg] N        -084.200[deg] W
Point 2.......................  29.283[deg] N        -083.982[deg] W
Point 3.......................  29.092[deg] N        -084.200[deg] W
Point 4.......................  29.283[deg] N        -084.418[deg] W
------------------------------------------------------------------------

    (b) Definitions. As used in this section--
    Designated representative means a Coast Guard Captain of the Port
Sector Mobile; Coast Guard Patrol Commanders including Coast Guard
coxswains, petty officers and other officers operating a Coast Guard
vessel; Coast Guard Representatives in the Merrill Operations Center;
and other officers designated by the Captain of the Port Sector Mobile
or assisting the Captain of the Port Sector Mobile in the enforcement
of the safety zones.
    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.
    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 Captain of
the Port Sector Mobile or a designated representative, except as
provided in paragraph (d)(3) of this section.
    (d) Enforcement periods. (1) To the extent possible, at least two
days before a reentry vehicle splashdown, the Captain of the Port
Sector Mobile or designated representative will inform the public of
the activation of the three safety zones described in paragraph (a) of
this section by Broadcast Notice to Mariners on VHF-FM channel 16, and/
or Marine Safety Information Bulletin (as appropriate) for at least two
days before the splashdown.
    (2) To the extent possible, twenty-four hours before a reentry
vehicle splashdown, the Captain of the Port Sector Mobile or designated
representative will inform the public that only one of the three 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 appripriate) that the safety zone is no
longer subject to enforcement.
    (3) After a reentry vehicle splashdown, the Captain of the Port
Sector Mobile 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.
    (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 Captain of the Port Sector Mobile 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 rule is subject to enforcement from
August 16, 2022, until September 30, 2022.

    Dated: August 16, 2022.
Ulysses S. Mullins,
Captain, Commander, Coast Guard Sector Mobile, Captain of the Port
Mobile.
[FR Doc. 2022-18024 Filed 8-19-22; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 86, Number 196 (Thursday, October 14, 2021)]
[Notices]
[Page 57186]
[FR Doc No: 2021-22421]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4614-DR; Docket ID FEMA-2021-0001]

New Jersey; Amendment No. 3 to Notice of a Major Disaster
Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This notice amends the notice of a major disaster declaration
for the State of New Jersey (FEMA-4614-DR), dated September 5, 2021,
and related determinations.

DATES: This amendment was issued September 18, 2021.

FOR FURTHER INFORMATION CONTACT: Dean Webster, Office of Response and
Recovery, Federal Emergency Management Agency, 500 C Street SW,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The notice of a major disaster declaration
for the State of New Jersey is hereby amended to include the following
area among those areas determined to have been adversely affected by
the event declared a major disaster by the President in his declaration
of September 5, 2021.

    Warren County for Individual Assistance.

    The following Catalog of Federal Domestic Assistance Numbers
(CFDA) are to be used for reporting and drawing funds: 97.030,
Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis
Counseling; 97.033, Disaster Legal Services; 97.034, Disaster
Unemployment Assistance (DUA); 97.046, Fire Management Assistance
Grant; 97.048, Disaster Housing Assistance to Individuals and
Households In Presidentially Declared Disaster Areas; 97.049,
Presidentially Declared Disaster Assistance--Disaster Housing
Operations for Individuals and Households; 97.050 Presidentially
Declared Disaster Assistance to Individuals and Households--Other
Needs; 97.036, Disaster Grants--Public Assistance (Presidentially
Declared Disasters); 97.039, Hazard Mitigation Grant.

Deanne Criswell,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2021-22421 Filed 10-13-21; 8:45 am]
BILLING CODE 9111-23-P