3032 Federal Register / Vol. 87, No. 13 / Thursday, January 20, 2022 / Rules and Regulations 

§ 39.13 [Amended] 

■ 2. The FAA amends § 39.13 by adding 

the following new airworthiness 

directive: 

2021–26–12 Stemme AG: Amendment 39– 

21871; Docket No. FAA–2021–0842; 

Project Identifier 2019–CE–032–AD. 

(a) Effective Date 

This airworthiness directive (AD) is 

effective February 24, 2022. 

(b) Affected ADs 

None. 

(c) Applicability 

This AD applies to Stemme AG Model 

Stemme S 12 gliders, serial numbers 12–002 

through 12–026, inclusive, certificated in any 

category. 

(d) Subject 

Joint Aircraft System Component (JASC) 

Code 3200, Landing Gear System. 

(e) Unsafe Condition 

This AD was prompted by mandatory 

continuing airworthiness information (MCAI) 

issued by the aviation authority of another 

country to identify and correct an unsafe 

condition on an aviation product. The MCAI 

describes the unsafe condition as incorrect 

installation of an axle connecting the main 

landing gear (MLG) to the center steel frame 

of the glider. The FAA is issuing this AD to 

prevent failure of the MLG. The unsafe 

condition, if not addressed, could result in 

damage to the glider and possible injury to 

occupants. 

(f) Compliance 

Comply with this AD within the 

compliance times specified, unless already 

done. 

(g) Required Actions 

(1) Before further flight after the effective 

date of this AD, visually inspect the MLG 

left-hand and right-hand legs for proper 

installation as depicted in Figure 3 of 

Stemme Service Bulletin No. P062–980037, 

Revision 00, dated June 5, 2019 (SB P062– 

980037). 

(2) If the MLG installation is not as 

depicted in Figure 3 of SB P062–980037, 

before further flight, inspect the MLG 

installation for damage in accordance with 

the Actions section, Action 2, in SB P062– 

980037, except you are not required to 

contact Stemme if there is damage. Instead, 

repair any damage using a method approved 

by the FAA or the European Union Aviation 

Safety Agency (EASA). 

(h) Alternative Methods of Compliance 

(AMOCs) 

(1) The Manager, International Validation 

Branch, FAA, has the authority to approve 

AMOCs for this AD, if requested using the 

procedures found in 14 CFR 39.19. In 

accordance with 14 CFR 39.19, send your 

request to your principal inspector or local 

Flight Standards District Office, as 

appropriate. If sending information directly 

to the manager of the certification office, 

send it to the attention of the person 

identified in paragraph (i)(1) of this AD and 

email to: 9-AVS-AIR-730-AMOC@faa.gov. 

(2) Before using any approved AMOC, 

notify your appropriate principal inspector, 

or lacking a principal inspector, the manager 

of the local flight standards district office/ 

certificate holding district office. 

(i) Related Information 

(1) For more information about this AD, 

contact Jim Rutherford, Aviation Safety 

Engineer, General Aviation & Rotorcraft 

Section, International Validation Branch, 

FAA, 901 Locust, Room 301, Kansas City, 

MO 64106; phone: (816) 329–4165; fax: (816) 

329–4090; email: jim.rutherford@faa.gov. 

(2) Refer to EASA AD 2019–0130–E, dated 

June 7, 2019, for more information. You may 

examine the EASA AD in the AD docket at 

https://www.regulations.gov by searching for 

and locating Docket No. FAA–2021–0842. 

(j) Material Incorporated by Reference 

(1) The Director of the Federal Register 

approved the incorporation by reference of 

the service information listed in this 

paragraph under 5 U.S.C. 552(a) and 1 CFR 

part 51. 

(2) You must use this service information 

as applicable to do the actions required by 

this AD, unless the AD specifies otherwise. 

(i) Stemme Service Bulletin No. P062– 

980037, Revision 00, dated June 5, 2019. 

Note 1 to paragraph (j)(2)(i): This service 

information has Feb-29 and July 14, 2017, in 

the footer of the document. Feb-29 refers to 

the form number and July 14, 2017, is the 

revision date of the form used to write the 

service information. For enforceability 

purposes, the FAA will cite the Stemme AG 

service information using the release date of 

June 5, 2019, that is located in the footer on 

the bottom of page 1 and used in EASA AD 

2019–0130–E, dated June 7, 2019. 

Note 2 to paragraph (j)(2)(i): This service 

information contains German to English 

translation. EASA used the English 

translation in referencing the document from 

Stemme AG. For enforceability purposes, the 

FAA will cite the Stemme AG service 

information in English as it appears on the 

document. 

(ii) [Reserved] 

(3) For service information identified in 

this AD, contact STEMME AG, 

Flugplatzstrasse F2, Nr. 6–7, D–15344 

Strausberg, Germany; phone: +49 (0) 3341 

3612–0; fax: +49 (0) 3341 3612–30; email: 

airworthiness@stemme.de; website: https://

www.stemme.com. 

(4) You may view this service information 

at FAA, Airworthiness Products Section, 

Operational Safety Branch, 901 Locust, 

Kansas City, MO 64106. For information on 

the availability of this material at the FAA, 

call (817) 222–5110. 

(5) You may view this service information 

that is incorporated by reference at the 

National Archives and Records 

Administration (NARA). For information on 

the availability of this material at NARA, 

email: fr.inspection@nara.gov, or go to: 

https://www.archives.gov/federal-register/cfr/ 

ibr-locations.html. 

Issued on December 9, 2021. 

Lance T. Gant, 

Director, Compliance & Airworthiness 

Division, Aircraft Certification Service. 

[FR Doc. 2022–00968 Filed 1–19–22; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2021–0878; Project 

Identifier MCAI–2020–01460–G; Amendment 

39–21884; AD 2021–26–25] 

RIN 2120–AA64 

Airworthiness Directives; SchemppHirth Flugzeugbau GmbH Gliders 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: The FAA is adopting a new 

airworthiness directive (AD) for certain 

Schempp-Hirth Flugzeugbau GmbH 

Model Duo Discus and Duo Discus T 

gliders. This AD was prompted by 

mandatory continuing airworthiness 

information (MCAI) originated by an 

aviation authority of another country to 

identify and correct an unsafe condition 

on an aviation product. The MCAI 

describes the unsafe condition as jerky 

extension of the air brakes at very high 

air speeds, including cases where the air 

brake blades interlock. This AD requires 

replacing certain air brake end stop 

bushings, inspecting certain other air 

brake end stops, and repairing if 

necessary. The FAA is issuing this AD 

to address the unsafe condition on these 

products. 

DATES: This AD is effective February 24, 

2022. 

The Director of the Federal Register 

approved the incorporation by reference 

of certain publications listed in this AD 

as of February 24, 2022. 

ADDRESSES: For service information 

identified in this final rule, contact 

Schempp-Hirth Flugzeugbau GmbH, 

Krebenstrasse 25, 73230 Kirchheim/ 

Teck, Germany; phone: +49 7021 7298– 

0; fax: +49 7021 7298–199; email: info@

schempp-hirth.com; website: https://

www.schempp-hirth.com. You may 

view this service information at the 

FAA, Airworthiness Products Section, 

Operational Safety Branch, 901 Locust, 

Kansas City, MO 64106. For information 

on the availability of this material at the 

FAA, call (817) 222–5110. It is also 

available at https://www.regulations.gov 

by searching for and locating Docket No. 

FAA–2021–0878. 


lotter on DSK11XQN23PROD with RULES1
Federal Register / Vol. 87, No. 13 / Thursday, January 20, 2022 / Rules and Regulations 3033 

Examining the AD Docket 

You may examine the AD docket at 

https://www.regulations.gov by 

searching for and locating Docket No. 

FAA–2021–0878; or in person at Docket 

Operations between 9 a.m. and 5 p.m., 

Monday through Friday, except Federal 

holidays. The AD docket contains this 

final rule, the MCAI, any comments 

received, and other information. The 

address for Docket Operations is U.S. 

Department of Transportation, Docket 

Operations, M–30, West Building 

Ground Floor, Room W12–140, 1200 

New Jersey Avenue SE, Washington, DC 

20590. 

FOR FURTHER INFORMATION CONTACT: Jim 

Rutherford, Aviation Safety Engineer, 

General Aviation & Rotorcraft Section, 

International Validation Branch, FAA, 

901 Locust, Room 301, Kansas City, MO 

64106; phone: (816) 329–4165; fax: (816) 

329–4090; email: jim.rutherford@

faa.gov. 

SUPPLEMENTARY INFORMATION: 

Discussion 

The FAA issued a notice of proposed 

rulemaking (NPRM) to amend 14 CFR 

part 39 by adding an AD that would 

apply to certain serial-numbered (S/N) 

Schempp-Hirth Flugzeugbau GmbH 

Model Duo Discus and Duo Discus T 

gliders. The NPRM published in the 

Federal Register on October 21, 2021 

(86 FR 58228). The NPRM was 

prompted by MCAI originated by the 

European Union Aviation Safety Agency 

(EASA), which is the Technical Agent 

for the Member States of the European 

Union. EASA issued AD 2020–0233, 

dated October 27, 2020 (referred to after 

this as ‘‘the MCAI’’), to address the 

unsafe condition on certain S/N 

Schempp-Hirth Flugzeugbau GmbH 

Model Duo Discus, Duo Discus C, and 

Duo Discus T gliders. The MCAI states: 

Occurrences were reported of experiencing 

jerky extension of the airbrakes at very high 

air speeds, in some cases of which the 

airbrake blades interlocked. An increasing 

number of age-related damage was observed 

on a specific version (22 mm plastic bushes) 

of the airbrake end-stops. 

This condition, if not corrected, could lead 

to blockage of the airbrakes, possibly 

resulting in reduced control of the (powered) 

sailplane. 

To address this potential unsafe condition, 

Schempp-Hirth issued the applicable 

[technical note] TN (original issue) to provide 

instructions to replace the affected parts with 

a new version bushing, made of better 

material. 

Since [EASA planned AD] PAD 20–119 

was issued, it was discovered that early s/n 

sailplanes were equipped with a single metal 

end stop per airbrake. The applicable TN was 

revised accordingly. The PAD was revised to 

include those metal end stops in the 

definition of ‘affected part’ to ensure these 

are inspected. 

For the reasons described above, this 

[EASA] AD requires replacement of certain 

affected parts with serviceable parts. For 

other affected parts, this [EASA] AD requires 

a one-time inspection for sufficient overlap 

and, depending on findings, accomplishment 

of applicable corrective action(s). This 

[EASA] AD also prohibits (re)installation of 

affected parts. 

You may examine the MCAI in the 

AD docket at https://

www.regulations.gov by searching for 

and locating Docket No. FAA–2021– 

0878. 

Discussion of Final Airworthiness 

Directive 

Comments 

The FAA received no comments on 

the NPRM or on the determination of 

the costs. 

Conclusion 

This product has been approved by 

the aviation authority of another 

country and is approved for operation in 

the United States. Pursuant to the FAA’s 

bilateral agreement with this State of 

Design Authority, it has notified the 

FAA of the unsafe condition described 

in the MCAI referenced above. The FAA 

reviewed the relevant data and 

determined that air safety requires 

adopting this AD as proposed. 

Accordingly, the FAA is issuing this AD 

to address the unsafe condition on these 

products. This AD is adopted as 

proposed in the NPRM. 

Related Service Information Under 1 

CFR Part 51 

The FAA reviewed Schempp-Hirth 

Flugzeugbau GmbH Working 

Instructions for Technical Note 890–16 

rev1 and Technical Note 396–20 rev1 

action 1, dated September 18, 2020. The 

service information contains procedures 

for replacing each air brake end stop 

plastic bushing (22 mm) with an air 

brake end stop plastic bushing (32 mm). 

The FAA also reviewed Schempp-Hirth 

Flugzeugbau GmbH Working 

Instructions for Technical Note 396–20 

rev1 action 2, dated September 18, 2020. 

The service information contains 

procedures for inspecting each single air 

brake metal end stop for overlap. This 

service information is reasonably 

available because the interested parties 

have access to it through their normal 

course of business or by the means 

identified in the ADDRESSES section. 

Differences Between This AD and the 

MCAI 

The MCAI applies to Schempp-Hirth 

Flugzeugbau GmbH Model Duo Discus 

C gliders, and this AD does not because 

this model does not have an FAA type 

certificate. 

The MCAI allows credit for 

modifications done prior to the effective 

date of the EASA AD in accordance 

with the original issue of SchemppHirth TN 396–20/TN 890–16, but this 

AD does not provide such credit. 

The MCAI prohibits installation of air 

brake end stop plastic bushings (22 mm) 

after a glider has been modified with an 

air brake end stop plastic bushing (32 

mm). This AD prohibits installation of 

air brake end stop plastic bushings (22 

mm) as of the effective date of this AD. 

Costs of Compliance 

The FAA estimates that this AD 

affects 27 gliders of U.S. registry. 

The FAA estimates the following 

costs to comply with this AD: 

ESTIMATED COSTS

Action Labor cost Parts cost Cost per glider Cost on U.S. operators 

Replace plastic end stop 

bushings.

4 work-hours × $85 per hour 

= $340.

$150 $490 Up to $13,230 (depending on number of gliders with plastic end stop bushings) 

Inspect metal end stops ......... 1 work-hour × $85 per hour = 

$85.

$0 $85 Up to $2,295 (depending on number of gliders with metal end stops) 

The FAA estimates the following 

costs to do any necessary repairs that 

would be required based on the results 

of the inspection. The FAA has no way 

of determining the number of gliders 

that might need these repairs: 


lotter on DSK11XQN23PROD with RULES1
3034 Federal Register / Vol. 87, No. 13 / Thursday, January 20, 2022 / Rules and Regulations 

ON-CONDITION COSTS

Action Labor cost Parts cost Cost per glider 

Repair metal end stops ................................................ 4 work-hours × $85 per hour = $340 ........................... $150 $490 

Authority for This Rulemaking 

Title 49 of the United States Code 

specifies the FAA’s authority to issue 

rules on aviation safety. Subtitle I, 

section 106, describes the authority of 

the FAA Administrator. Subtitle VII: 

Aviation Programs, describes in more 

detail the scope of the Agency’s 

authority. 

The FAA is issuing this rulemaking 

under the authority described in 

Subtitle VII, Part A, Subpart III, Section 

44701: General requirements. Under 

that section, Congress charges the FAA 

with promoting safe flight of civil 

aircraft in air commerce by prescribing 

regulations for practices, methods, and 

procedures the Administrator finds 

necessary for safety in air commerce. 

This regulation is within the scope of 

that authority because it addresses an 

unsafe condition that is likely to exist or 

develop on products identified in this 

rulemaking action. 

Regulatory Findings 

This AD will not have federalism 

implications under Executive Order 

13132. This AD will not have 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. 

For the reasons discussed above, I 

certify this AD: 

(1) Is not a ‘‘significant regulatory 

action’’ under Executive Order 12866, 

(2) Will not affect intrastate aviation 

in Alaska, and 

(3) Will not have a significant 

economic impact, positive or negative, 

on a substantial number of small entities 

under the criteria of the Regulatory 

Flexibility Act. 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Incorporation by reference, 

Safety. 

The Amendment 

Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA amends 14 CFR part 39 as 

follows: 

PART 39—AIRWORTHINESS 

DIRECTIVES 

■ 1. The authority citation for part 39 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40113, 44701. 

§ 39.13 [Amended] 

■ 2. The FAA amends § 39.13 by adding 

the following new airworthiness 

directive: 

2021–26–25 Schempp-Hirth Flugzeugbau 

GmbH: Amendment 39–21884; Docket 

No. FAA–2021–0878; Project Identifier 

MCAI–2020–01460–G. 

(a) Effective Date 

This airworthiness directive (AD) is 

effective February 24, 2022. 

(b) Affected ADs 

None. 

(c) Applicability 

This AD applies to the Schempp-Hirth 

Flugzeugbau GmbH gliders identified in 

paragraphs (c)(1) and (2) of this AD, 

certificated in any category. 

(1) Model Duo Discus gliders, serial 

number (S/N) 1 through 541 inclusive, except 

S/N 534. 

(2) Model Duo Discus T gliders, S/N 1 

through 174 inclusive. 

(d) Subject 

Joint Aircraft System Component (JASC) 

Code 2760, Drag Control System. 

(e) Unsafe Condition 

This AD was prompted by mandatory 

continuing airworthiness information (MCAI) 

originated by an aviation authority of another 

country to identify and correct an unsafe 

condition on an aviation product. The MCAI 

describes the unsafe condition as jerky 

extension of the air brakes at very high air 

speeds, including cases where the air brake 

blades interlock. The FAA is issuing this AD 

to prevent and correct damage of the airbrake 

end-stops. The unsafe condition, if not 

addressed, could result in blockage of the air 

brakes and reduced control of the glider. 

(f) Compliance 

Comply with this AD within the 

compliance times specified, unless already 

done. 

(g) Required Actions 

(1) For gliders with air brake end stop 

plastic bushings (22 mm) installed: Within 3 

months after the effective date of this AD, 

replace each air brake end stop plastic 

bushing (22 mm) with an air brake end stop 

plastic bushing (32 mm) in accordance with 

Schempp-Hirth Flugzeugbau GmbH Working 

Instructions for Technical Note 890–16 rev1 

and Technical Note 396–20 rev1 action 1, 

dated September 18, 2020. 

(2) For gliders with single air brake metal 

end stops installed: Within 3 months after 

the effective date of this AD, inspect each 

single air brake metal end stop for overlap in 

accordance with Schempp-Hirth 

Flugzeugbau GmbH Working Instructions for 

Technical Note 396–20 rev1 action 2, dated 

September 18, 2020. If there is insufficient 

overlap, before further flight, repair using a 

method approved by the FAA or the 

European Union Aviation Safety Agency 

(EASA). 

(h) Parts Installation Provision 

As of the effective date of this AD, do not 

install an air brake end stop plastic bushing 

(22 mm) on any glider. 

(i) Alternative Methods of Compliance 

(AMOCs) 

(1) The Manager, International Validation 

Branch, FAA, has the authority to approve 

AMOCs for this AD, if requested using the 

procedures found in 14 CFR 39.19. In 

accordance with 14 CFR 39.19, send your 

request to your principal inspector or local 

Flight Standards District Office, as 

appropriate. If sending information directly 

to the manager of the International Validation 

Branch, send it to the attention of the person 

identified in paragraph (j)(1) of this AD and 

email to: 9-AVS-AIR-730-AMOC@faa.gov. 

(2) Before using any approved AMOC, 

notify your appropriate principal inspector, 

or lacking a principal inspector, the manager 

of the local flight standards district office/ 

certificate holding district office. 

(j) Related Information 

(1) For more information about this AD, 

contact Jim Rutherford, Aviation Safety 

Engineer, General Aviation & Rotorcraft 

Section, International Validation Branch, 

FAA, 901 Locust, Room 301, Kansas City, 

MO 64106; phone: (816) 329–4165; fax: (816) 

329–4090; email: jim.rutherford@faa.gov. 

(2) Refer to EASA 2020–0233, dated 

October 27, 2020, for more information. You 

may examine the EASA AD in the AD docket 

at https://www.regulations.gov by searching 

for and locating Docket No. FAA–2021–0878. 

(k) Material Incorporated by Reference 

(1) The Director of the Federal Register 

approved the incorporation by reference of 

the service information listed in this 

paragraph under 5 U.S.C. 552(a) and 1 CFR 

part 51. 

(2) You must use this service information 

as applicable to do the actions required by 

this AD, unless the AD specifies otherwise. 

(i) Schempp-Hirth Flugzeugbau GmbH 

Working Instructions for Technical Note 

396–20 rev1 action 2, dated September 18, 

2020. 

Note 1 to paragraph (k)(2)(i): The service 

information listed in paragraphs (k)(2)(i) of 


lotter on DSK11XQN23PROD with RULES1
Federal Register / Vol. 87, No. 13 / Thursday, January 20, 2022 / Rules and Regulations 3035 

this AD contains German to English 

translation. EASA used the English 

translation in referencing the document from 

Schempp-Hirth Flugzeugbau GmbH. For 

enforceability purposes, the FAA will cite the 

service information in English as it appears 

on the document 

(ii) Schempp-Hirth Flugzeugbau GmbH 

Working Instructions for Technical Note 

890–16 rev1 and Technical Note 396–20 rev1 

action 1, dated September 18, 2020. 

(3) For service information identified in 

this AD, contact Schempp-Hirth Flugzeugbau 

GmbH, Krebenstrasse 25, 73230 Kirchheim/ 

Teck, Germany; phone: +49 7021 7298–0; fax: 

+49 7021 7298–199; email: info@schempphirth.com; website: https://www.schempphirth.com. 

(4) You may view this service information 

at the FAA, Airworthiness Products Section, 

Operational Safety Branch, 901 Locust, 

Kansas City, MO 64106. For information on 

the availability of this material at the FAA, 

call (817) 222–5110. 

(5) You may view this service information 

that is incorporated by reference at the 

National Archives and Records 

Administration (NARA). For information on 

the availability of this material at NARA, 

email: fr.inspection@nara.gov, or go to: 

https://www.archives.gov/federal-register/cfr/ 

ibr-locations.html. 

Issued on December 16, 2021. 

Lance T. Gant, 

Director, Compliance & Airworthiness 

Division, Aircraft Certification Service. 

[FR Doc. 2022–00973 Filed 1–19–22; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 100 

[Docket No. USCG–2021–0863] 

Special Local Regulations; Recurring 

Marine Events, Sector St. Petersburg 

AGENCY: Coast Guard, DHS. 

ACTION: Notification of enforcement of 

regulation. 

SUMMARY: On January 29, 2022, the 

Coast Guard will enforce a special local 

regulation for the Gasparilla Invasion 

and Parade to provide for the safety of 

life on navigable waterways during this 

event. Our regulation for recurring 

marine events within Sector St. 

Petersburg identifies the regulated area 

for this event in Tampa, FL. During the 

enforcement periods, the operator of any 

vessel in the regulated area must 

comply with directions from the Patrol 

Commander or any designated 

representative. 

DATES: The regulations in 33 CFR 

100.703, Table 1 to § 100.703, Line No. 

1, will be enforced from 11:30 a.m. 

through 2 p.m., on January 29, 2022. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions about this notice of 

enforcement, call or email Marine 

Science Technician First Class Michael 

Shackleford, Sector St. Petersburg 

Prevention Department, Coast Guard; 

telephone (813) 228–2191, email: 

Michael.d.shackleford@uscg.mil. 

SUPPLEMENTARY INFORMATION: The Coast 

Guard will enforce the special local 

regulation in 33 CFR 100.703, Table 1 to 

§ 100.703, Line No. 1, for the Gasparilla 

Invasion and Parade on January 29, 

2022 from 11:30 a.m. until 2 p.m. This 

action is being taken to provide for the 

safety of life on navigable waterways 

during this event. Our regulation for 

recurring marine events, Sector St. 

Petersburg, § 100.703, Table 1 to 

§ 100.703, Line No. 1, specifies the 

location of the regulated area for the 

Gasparilla Invasion and Parade which 

encompasses portions of Hillsborough 

Bay, Seddon Channel, Sparkman 

Channel and Hillsborough River near 

Tampa, FL. During the enforcement 

periods, as reflected in § 100.703(c), if 

you are the operator of a vessel in the 

regulated area you must comply with 

directions from the Patrol Commander 

or any designated representative. 

In addition to this notice of 

enforcement in the Federal Register, the 

Coast Guard plans to provide 

notification of this enforcement period 

via the Local Notice to Mariners and/or 

marine information broadcasts. 

Dated: January 10, 2022. 

Matthew A. Thompson, 

Captain, U.S. Coast Guard, Captain of the 

Port St. Petersburg. 

[FR Doc. 2022–01003 Filed 1–19–22; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2021–0139] 

RIN 1625–AA00 

Safety Zone; Atlantic Ocean, Cape 

Canaveral, FL 

AGENCY: Coast Guard, Department of 

Homeland Security (DHS). 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

navigable waters within the points 

defined below during a series of rocket 

launches out of Cape Canaveral, FL. The 

safety zone is needed to protect 

personnel, vessels, and the marine 

environment from potential hazards 

created by space vehicles being 

launched in a direction resulting in a 

southerly or polar orbit trajectory. Entry 

of vessels or persons into this zone is 

prohibited unless specifically 

authorized by the Captain of the Port 

Jacksonville. 

DATES: This rule is effective without 

actual notice from January 20, 2022, 

through January 31, 2022. For purposes 

of enforcement, actual notice will be 

used from January 10, 2022, until 

January 20, 2022. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2021– 

0139 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 LTJG Griffin Terpstra, Sector 

Jacksonville, Waterways Management 

Division, U.S. Coast Guard; telephone 

904–714–7616, email 

Griffin.D.Terpstra@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 Information and 

Regulatory History 

The Coast Guard is issuing this 

temporary rule without prior notice and 

opportunity to comment pursuant to 

authority under section 4(a) of the 

Administrative Procedure Act (APA) (5 

U.S.C. 553(b)). This provision 

authorizes an agency to issue a rule 

without prior notice and opportunity to 

comment when the agency for good 

cause finds that those procedures are 

‘‘impracticable, unnecessary, or contrary 

to the public interest.’’ Under 5 U.S.C. 

553(b)(B), the Coast Guard finds that 

good cause exists for not publishing a 

notice of proposed rulemaking (NPRM) 

with respect to this rule because the 

Coast Guard was notified of this series 

of missions on December 20, 2021, and 

the first launch, scheduled for January 

13, 2022, leaves insufficient time to 

initiate a full rulemaking before the 

need for the safety zone beginnings on 

January 13, 2022. Publishing an NPRM 

would be impracticable and contrary to 

the public interest since the mission 


lotter on DSK11XQN23PROD with RULES1