26270 Federal Register / Vol. 87, No. 86 / Wednesday, May 4, 2022 / Rules and Regulations 

purposes of publication in the Federal 

Register. 

Faye I. Lipsky, 

Federal Register Liaison, Office of Legislation 

and Congressional Affairs, Social Security 

Administration. 

For the reasons set out in the 

preamble, we are amending part 404 of 

chapter III of title 20 of the Code of 

Federal Regulations as set forth below. 

PART 404—FEDERAL OLD-AGE, 

SURVIVORS AND DISABILITY 

INSURANCE (1950–) 

Subpart P—[Amended] 

■ 1. The authority citation for subpart P 

of part 404 continues to read as follows: 

Authority: Secs. 202, 205(a)–(b) and (d)– 

(h), 216(i), 221(a) and (h)–(j), 222(c), 223, 

225, and 702(a)(5) of the Social Security Act 

(42 U.S.C. 402, 405(a)–(b) and (d)–(h), 416(i), 

421(a) and (h)–(j), 422(c), 423, 425, and 

902(a)(5)); sec. 211(b), Pub. L. 104–193, 110 

Stat. 2105, 2189; sec. 202, Pub. L. 108–203, 

118 Stat. 509 (42 U.S.C. 902 note). 

■ 2. Amend appendix 1 to subpart P of 

part 404 in the introductory text by 

revising items 3, 8, and 11 to read as 

follows: 

Appendix 1 to Subpart P of Part 404— 

Listing of Impairments 

* * * * * 

■ 3. Special Senses and Speech (2.00 

and 102.00): June 5, 2026. 

* * * * * 

8. Hematological Disorders (7.00 and 

107.00): June 5, 2026. 

* * * * * 

11. Congenital Disorders That Affect 

Multiple Body Systems (10.00 and 

110.00): June 5, 2026. 

* * * * * 

[FR Doc. 2022–09552 Filed 5–3–22; 8:45 am] 

BILLING CODE 4191–02–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 100 

[Docket Number USCG–2022–0073] 

RIN 1625–AA08 

Special Local Regulations; Annual 

Events in Captain of the Port Delaware 

Bay Zone 

AGENCY: Coast Guard, DHS. 

ACTION: Final rule. 

SUMMARY: The Coast Guard is 

establishing special local regulations for 

four annual marine events in the 

Captain of the Port (COTP), Delaware 

Bay Zone. This action is necessary to 

protect participants, spectators, and 

vessels from the hazards associated with 

the varying types of marine events. This 

rulemaking prohibits persons and 

vessels from being in the regulated areas 

during the enforcement period unless 

authorized by the COTP or a designated 

representative. 

DATES: This rule is effective June 3, 

2022. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2022– 

0073 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 MST1 Jennifer Padilla, Waterways 

Management Division, Sector Delaware 

Bay, U.S. Coast Guard; telephone (215) 

271–4889, email Jennifer.l.Padilla@

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 four marine events included in 

this rule are held on a recurring basis on 

the navigable waters within the Captain 

of the Port, Delaware Bay Zone. 

Historically, the Coast Guard 

established annual temporary final 

regulations for each of these recurring 

events. In response, on February 17, 

2022, the Coast Guard published a 

notice of proposed rulemaking (NPRM) 

titled Special Local Regulations; Annual 

Events in Captain of the Port Delaware 

Bay Zone (87 FR 8994). There, we stated 

why we issued the NPRM, and invited 

comments on our proposed regulatory 

action related to the special local 

regulations and recurring marine events. 

During the comment period that ended 

March 21, 2022 we received no 

comments. 

III. Legal Authority and Need for Rule 

The Coast Guard is issuing this rule 

under authority in 46 U.S.C. 70041. The 

Secretary has delegated ports and 

waterways authority, with certain 

reservations not applicable here, to the 

Commandant via DHS Delegation No. 

00170.1(II)(70), Revision No. 01.2. The 

Commandant has further delegated 

these authorities within the Coast Guard 

as described in 33 CFR 1.05–1 and 6.04– 

6. The Coast Guard has determined that 

the events listed in this rule could pose 

a risk to participants or waterway users 

if normal vessel traffic were to interfere 

with the event. Possible hazards include 

risks of participant injury or death 

resulting from near or actual contact 

with non-participant vessels traversing 

through the regulated areas. In order to 

protect the safety of all waterway users, 

including event participants and 

spectators, this rule establishes special 

local regulations for the time and 

location of each marine event. This rule 

prevents vessels from entering, 

transiting, mooring or anchoring within 

areas specifically designated as 

regulated areas during the periods of 

enforcement unless authorized by the 

Captain of the Port (COTP), or 

designated Event Patrol Commander. 

IV. Discussion of Comments, Changes, 

and the Rule 

As noted above, we received no 

comments on our NPRM published 

February 17, 2022. There are no changes 

in the regulatory text of this rule from 

the proposed rule in the NPRM. 

The Coast Guard is adding four 

reoccurring special local regulations for 

annual marine events in the Captain of 

the Port Delaware Bay to 33 CFR 

100.501 in Table 1 to Paragraph (i)(1). 

The Coast Guard will publish annual 

notice of the exact dates and times of 

the effective periods of the regulations. 

For each event, the notices will also 

provide the geographical description of 

each regulated area and other pertinent 

details concerning the nature of the 

events. This rule is necessary to protect 

participants, spectators, and vessels 

from the hazards associated with the 

varying types of marine events. During 

the enforcement periods of these special 

local regulations, non-participant 

persons or vessels are prohibited from 

entering into, remaining within, 

transiting through, or anchoring in the 

regulated area unless authorized by the 

Captain of the Port Delaware Bay or a 

designated representative of the Captain 

of the Port. The regulatory text appears 

at the end of this document. 

Below is a description of the four 

reoccurring marine events that we are 

adding to Table 1 to Paragraph (i)(1) in 

100.501. 

1. Stockton Boat Race. 

This marine event takes place one 

weekend in March or April at the 

location described below. The event is 

in Atlantic City, NJ, where the following 

area makes up the regulated area: All 


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Federal Register / Vol. 87, No. 86 / Wednesday, May 4, 2022 / Rules and Regulations 26271 

navigable waters of the New Jersey 

Intracoastal Waterway in Atlantic City, 

NJ, within the polygon bounded by the 

following: Originating on the southwest 

portion at approximate position latitude 

39°20′57′′ N, longitude 074°27′59′′ W; 

thence northeasterly along the shoreline 

to latitude 39°21′35′′ N, longitude 

074°27′06′′ W; thence east across the 

mouth of Beach Thorofare to the 

shoreline at latitude 39°21′41′′ N, 

longitude 074°26′55′′ W; thence east 

along the shoreline to latitude 39°21′42′′ 

N, longitude 074°26′51′′ W; thence 

southeast across the New Jersey 

Intracoastal Waterway to the shoreline 

at latitude 39°21′43′′ N, longitude 

074°26′41′′ W; thence southwest along 

the shoreline to approximate position 

latitude 39°20′55′′ N, longitude 

074°27′57′′ W; thence north to the point 

of origin. The sponsor is Stockton 

University. 

2. Escape the Cape Swim. 

This marine event takes place on one 

Saturday or Sunday in June. The 

regulated area is in Lower Township, 

NJ, in the following area: All navigable 

waters of the Delaware Bay in Lower 

Township, NJ, bounded by a line drawn 

from: Latitude 39°0′57′′ N, longitude 

074°56′56′′ W in Villas, NJ, thence west 

to latitude 39°00′59′′ N, longitude 

074°57′15′′ W, thence south to latitude 

38°58′08′′ N, longitude 074°58′11′′ W, 

thence east to latitude 38°58′04′′ N, 

longitude 074°57′52′′ W in North Cape 

May, NJ, thence north along the 

shoreline to the point of origin. The 

sponsor is DelMoSports. 

3. Around the Island Paddle. 

This marine event takes place on one 

Saturday or Sunday in June, July, or 

August. The regulated area location is in 

Cape May County, NJ. The following 

area is a moving regulated area: All 

waters within 50 yards in front of the 

lead safety vessel preceding the first 

event participants, to 50 yards behind 

the safety vessel trailing the last event 

participants, and 100 yards on either 

side of participant and safety vessels 

during the event. The regulated area 

will move with the safety vessels and 

participants as they transit the waters 

east through Cape May Harbor, south 

through Cape May Inlet, west through 

the Atlantic Ocean, north through the 

Delaware Bay, then east through Cape 

May Canal, and terminate at the Lost 

Fishermen’s Memorial in Cape May 

Harbor. The regulated area will move at 

the pace of event patrol vessels and 

participants. The sponsor is the 

Desatnick Foundation. 

4. Manasquan Inlet Intracoastal Tug. 

This marine event takes place on one 

Saturday or Sunday in September or 

October. The location is Manasquan 

Inlet, NJ. The following area makes up 

the regulated area: All waters of 

Manasquan Inlet extending 400 feet 

from either side of the rope located 

between approximate locations latitude 

40°06′09′′ N, longitude 74°02′08′′ W and 

latitude 40°06′14′′ N, longitude 

74°02′08′′ W. The sponsor is the 

Borough of Manasquan. 

V. Regulatory Analyses 

We developed this rule after 

considering numerous statutes and 

Executive orders related to rulemaking. 

Below we summarize our analyses 

based on a number of these statutes and 

Executive orders, and we discuss First 

Amendment rights of protestors. 

A. Regulatory Planning and Review 

Executive Orders 12866 and 13563 

direct agencies to assess the costs and 

benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits. 

This rule has not been designated a 

‘‘significant regulatory action’’ under 

Executive Order 12866. Accordingly, 

this rule has not been reviewed by the 

Office of Management and Budget 

(OMB). 

This regulatory action determination 

is based on the size, scope, duration, 

and historical data concerning the scope 

and potential impact of these marine 

events. The special local regulation 

areas within this rule have been 

enforced on an annual basis through 

temporary final regulations. The 

regulated areas will be enforced in 

limited areas on six days out of the year, 

usually for only a few hours on those 

days. Specifically, the Manasquan Inlet 

Intracoastal Tug often schedules breaks 

during the event to temporarily let 

vessels pass through the inlet waterway 

entrance. Vessels will be able to contact 

the COTP for permission to transit the 

regulated areas or instructions for safely 

transiting around the area during 

enforcement periods. 

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 received no comments 

from the Small Business Administration 

on this rulemaking. The Coast Guard 

certifies under 5 U.S.C. 605(b) that this 

rule will not have a significant 

economic impact on a substantial 

number of small entities. 

While some owners or operators of 

vessels intending to transit the safety 

zone may be small entities, for the 

reasons stated in section V.A above, this 

rule will not have a significant 

economic impact on any vessel owner 

or operator. 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (Pub. L. 104–121), 

we want to assist small entities in 

understanding this rule. If the rule 

would affect your small business, 

organization, or governmental 

jurisdiction and you have questions 

concerning its provisions or options for 

compliance, please call or email the 

person listed in the FOR FURTHER

INFORMATION CONTACT section. 

Small businesses may send comments 

on the actions of Federal employees 

who enforce, or otherwise determine 

compliance with, Federal regulations to 

the Small Business and Agriculture 

Regulatory Enforcement Ombudsman 

and the Regional Small Business 

Regulatory Fairness Boards. The 

Ombudsman evaluates these actions 

annually and rates each agency’s 

responsiveness to small business. If you 

wish to comment on actions by 

employees of the Coast Guard, call 1– 

888–REG–FAIR (1–888–734–3247). The 

Coast Guard will not retaliate against 

small entities that question or complain 

about this rule or any policy or action 

of the Coast Guard. 

C. Collection of Information 

This rule will not call for a new 

collection of information under the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501–3520). 

D. Federalism and Indian Tribal 

Governments 

A rule has implications for federalism 

under Executive Order 13132, 

Federalism, if it has a substantial direct 

effect on the States, on the relationship 

between the National Government and 

the States, or on the distribution of 

power and responsibilities among the 

various levels of government. We have 

analyzed this rule under that Order and 

have determined that it is consistent 

with the fundamental federalism 

principles and preemption requirements 

described in Executive Order 13132. 

Also, this rule does not have tribal 

implications under Executive Order 

13175, Consultation and Coordination 

with Indian Tribal Governments, 

because it does not have a substantial 

direct effect on one or more Indian 

tribes, on the relationship between the 


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26272 Federal Register / Vol. 87, No. 86 / Wednesday, May 4, 2022 / Rules and Regulations 

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 special 

local regulations at various locations 

and at various times to maintain the 

safety of event participants, spectators, 

and transiting vessel traffic. It is 

categorically excluded from further 

review under paragraph L61 of 

Appendix A, Table 1 of DHS Instruction 

Manual 023–01–001–01, Rev. 1. A 

memorandum for record (MFR) 

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 100 

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 100 as follows: 

PART 100—SAFETY OF LIFE ON 

NAVIGABLE WATERS 

■ 1. The authority citation for part 100 

continues to read as follows: 

Authority: 46 U.S.C. 70041; 33 CFR 1.05– 

1. 

■ 2. In § 100.501, amend Table 1 to 

Paragraph (i)(1) by adding entries for 

‘‘Stockton Boat Race’’, ‘‘Escape the Cape 

Swim’’, ‘‘Around the Island Paddle’’, 

and ‘‘Manasquan Inlet Intracoastal Tug’’ 

at the end of the table to read as follows: 

§ 100.501 Special Local Regulations; 

Marine Events Within the Fifth Coast Guard 

District. 

* * * * * 

TABLE 1 TO PARAGRAPH (i)(1) 

Event Regulated area Enforcement 

period(s) 1 Sponsor 

*******

Stockton Boat Race All navigable waters of the New Jersey Intracoastal Waterway in Atlantic City, 

NJ within the polygon bounded by the following: Originating on the southwest portion at approximate position latitude 39°20′57′′ N, longitude 

074°27′59′′ W; thence northeasterly along the shoreline to latitude 

39°21′35′′ N, longitude 074°27′06′′ W; thence east across the mouth of 

Beach Thorofare to the shoreline at latitude 39°21′41′′ N, longitude 

074°26′55′′ W; thence east along the shoreline to latitude 39°21′42′′ N, longitude 074°26′51′′ W; thence southeast across the New Jersey Intracoastal 

Waterway to the shoreline at latitude 39°21′43′′ N, longitude 074°26′41′′ W; 

thence southwest along the shoreline to approximate position latitude 

39°20′55′′ N, longitude 074°27′57′′ W; thence north to the point of origin.

One weekend in 

March or April.

Stockton University. 

Escape the Cape 

Swim.

All navigable waters of the Delaware Bay in Lower Township, NJ bounded by 

a line drawn from: Latitude 39°0′57′′ N, longitude 074°56′56′′ W in Villas, 

NJ, thence west to latitude 39°00′59′′ N, longitude 074°57′15′′ W, thence 

south to latitude 38°58′08′′ N, longitude 074°58′11′′ W, thence east to latitude 38°58′04′′ N, longitude 074°57′52′′ W in North Cape May, NJ, thence 

north along the shoreline to the point of origin.

One Saturday or 

Sunday in June.

DelMoSports. 

Around the Island 

Paddle.

All waters within 50 yards in front of the lead safety vessel preceding the first 

event participants, to 50 yards behind the safety vessel trailing the last 

event participants, and 100 yards on either side of participant and safety 

vessels during the event. The regulated area will move with the safety vessels and participants as they transit the waters east through Cape May 

Harbor, south through Cape May Inlet, west through the Atlantic Ocean, 

north through the Delaware Bay, then east through Cape May Canal, and 

terminate at the Lost Fishermen’s Memorial in Cape May Harbor. The regulated area will move at the pace of event patrol vessels and participants.

One Saturday or 

Sunday in June, 

July or August.

Desatnick Foundation. 

Manasquan Inlet Intracoastal Tug.All waters of Manasquan Inlet extending 400 feet from either side of the rope 

located between approximate locations latitude 40°06′09′′ N, longitude 

74°02′08′′ W and latitude 40°06′14′′ N, longitude 74°02′08′′ W.

One Saturday or 

Sunday in September or October.

Borough of 

Manasquan. 

1 As noted, the enforcement dates and times for each of the listed events in this table are subject to change. In the event of a change, or for 

enforcement periods listed that do not allow a specific date or dates to be determined, the Captain of the Port will provide notice to the public by 

publishing a Notice of Enforcement in the Federal Register, as well as, issuing a Broadcast Notice to Mariner. 


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Federal Register / Vol. 87, No. 86 / Wednesday, May 4, 2022 / Rules and Regulations 26273 

* * * * * 

Dated: April 26, 2022.

Jonathan D. Theel, 

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

Port, Delaware Bay. 

[FR Doc. 2022–09502 Filed 5–3–22; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 100 

[Docket No. USCG–2022–0061] 

Special Local Regulations: Miami 

Beach Air and Sea Show, Atlantic 

Ocean, Miami Beach, FL 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of enforcement of 

regulation. 

SUMMARY: The Coast Guard will enforce 

a special local regulation for the Miami 

Beach Air and Sea Show to provide for 

the safety of life on navigable waterways 

during this event. During the 

enforcement periods, the operator of any 

vessel in the regulated area must 

comply with directions from the Patrol 

Commander or any Official Patrol 

displaying a Coast Guard ensign. 

DATES: The regulation in 33 CFR 

100.702, Table 1 to § 100.702, Item 2, 

will be enforced from 9 a.m. until 5:30 

p.m., each day from Friday May 27,

2022 through Sunday May 29, 2022.

FOR FURTHER INFORMATION CONTACT: If 

you have questions about this notice of 

enforcement, call or email Petty Officer 

Robert M. Olivas, Sector Miami 

Waterways Management Division, U.S. 

Coast Guard; telephone 305–535–4317, 

email Robert.M.Olivas@uscg.mil. 

SUPPLEMENTARY INFORMATION: The Coast 

Guard will enforce a special local 

regulation in 33 CFR 100.702, Table 1 to 

§ 100.702, Item 2, for the Miami Beach

Air and Sea Show, from 9 a.m. until

5:30 p.m., each day from Friday May 27,

2022 through Sunday May 29, 2022. The

Coast Guard is taking this action to

provide for the safety of life on

navigable waterways during the event.

Our regulation for recurring marine

events, Sector Miami, 33 CFR 100.702,

Table 1 to § 100.702, Item 2, specifies

the location of the regulated area which

encompasses a portion of the Atlantic

Ocean east of Miami Beach. During the

enforcement periods, as reflected in

§ 100.702, if you are the operator of a

vessel in the regulated area you must

comply with directions from the Patrol

Commander or any Official Patrol 

displaying a Coast Guard ensign. 

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 

marine information broadcasts. 

Dated: April 28, 2022. 

J.F. Burdian, 

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

Port Miami. 

[FR Doc. 2022–09501 Filed 5–3–22; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2022–0291] 

RIN 1625–AA00 

Safety Zones; Pensacola, Panama City, 

and Tallahassee, Florida 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing three temporary safety 

zones for the reentry of a capsule 

launched by Space Exploration 

Technologies Corporation (Space X) in 

support of the National Aeronautics and 

Space Administration (NASA) Crew-3 

capsule recovery mission. These three 

temporary safety zones are located 

within the Coast Guard Sector Mobile 

area of responsibility offshore of 

Pensacola, Panama City, and 

Tallahassee, Florida. The purpose of 

this rule is to ensure the safety of 

vessels, mariners, and the navigable 

waters in the safety zones during a 

period when reentry is expected. This 

action is necessary to provide for the 

safe recovery of this capsule and 

astronauts in the U.S. Exclusive 

Economic Zone and implements a 

special activities provision of the 

William M. (Mac) Thornberry National 

Defense Authorization Act for Fiscal 

Year 2021. This rule prohibits U.S. 

flagged vessels from entering the safety 

zones unless authorized by the Captain 

of the Port Mobile or a designated 

representative. 

DATES: This rule is effective without 

actual notice from May 4, 2022 until 

May 15, 2022. For the purposes of 

enforcement, actual notice will be used 

from May 1, 2022 until May 4, 2022. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2022– 

0291 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 (251) 

441–5940, email Andrew.S.Anderson@

uscg.mil. 

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 

§ Section

U.S.C. United States Code 

Space X Space Exploration Technologies 

Corporation 

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 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 May 1, 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 


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