24084 Federal Register / Vol. 87, No. 78 / Friday, April 22, 2022 / Proposed Rules 

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: 

■ a. Removing Airworthiness Directive 

(AD) 2018–13–08, Amendment 39– 

19320; (83 FR 33809, July 18, 2018); and 

■ b. Adding the following new AD: 

Airbus SAS: Docket No. FAA–2022–0468; 

Project Identifier MCAI–2021–01243–T. 

(a) Comments Due Date 

The FAA must receive comments on this 

airworthiness directive (AD) by June 6, 2022. 

(b) Affected ADs 

This AD replaces AD 2018–13–08, 

Amendment 39–19320 (83 FR 33809, July 18, 

2018) (AD 2018–13–08). 

(c) Applicability 

This AD applies to the Airbus SAS 

airplanes identified in paragraphs (c)(1) 

through (4) of this AD, certificated in any 

category, as identified in European Union 

Aviation Safety Agency (EASA) AD 2021– 

0241, dated November 8, 2021 (EASA AD 

2021–0241). 

(1) Model A318–111, –112, –121, and –122 

airplanes. 

(2) Model A319–111, –112, –113, –114, 

–115, –131, –132, and –133 airplanes. 

(3) Model A320–211, –212, –214, –216, 

–231, –232, and –233 airplanes. 

(4) Model A321–111, –112, –131, –211, 

–212, –213, –231, and –232 airplanes. 

(d) Subject 

Air Transport Association (ATA) of 

America Code 57, Wings. 

(e) Reason 

This AD was prompted by a report that, 

during a center fuselage certification fullscale fatigue test, cracks were found on the 

front spar vertical stringer at a certain frame. 

This AD was also prompted by a 

determination that Model A321 airplanes 

that have incorporated modification 160021 

are also subject to the unsafe condition. The 

FAA is issuing this AD to address fatigue 

cracking of the front spar vertical stringers on 

the wings, which, if not corrected, could 

result in the reduced structural integrity of 

the airplane. 

(f) Compliance 

Comply with this AD within the 

compliance times specified, unless already 

done. 

(g) Requirements 

Except as specified in paragraph (h) of this 

AD: Comply with all required actions and 

compliance times specified in, and in 

accordance with, EASA AD 2021–0241. 

(h) Exceptions to EASA AD 2021–0241 

(1) Where EASA AD 2021–0241 refers to its 

effective date, this AD requires using the 

effective date of this AD. 

(2) The ‘‘Remarks’’ section of EASA AD 

2021–0241 does not apply to this AD. 

(3) Where paragraph (3) of EASA AD 2021– 

0241 specifies actions for airplanes repaired 

‘‘in accordance with instructions approved 

by EASA or approved under Airbus DOA,’’ 

for this AD use ‘‘using a method approved by 

the Manager, Large Aircraft Section, 

International Validation Branch, FAA; or 

EASA; or Airbus SAS’s EASA DOA. If 

approved by the DOA, the approval must 

include the DOA-authorized signature.’’ 

(4) Where paragraph (4) of EASA AD 2021– 

0241 specifies to ‘‘contact Airbus for 

approved corrective action instructions and 

accomplish those instructions accordingly’’ if 

cracks are detected, for this AD if any 

cracking is detected, the cracking must be 

repaired before further flight using a method 

approved by the Manager, Large Aircraft 

Section, International Validation Branch, 

FAA; or EASA; or Airbus SAS’s EASA DOA. 

If approved by the DOA, the approval must 

include the DOA-authorized signature. 

(5) Where paragraph (8) of EASA AD 2021– 

0241 specifies actions for airplanes inspected 

by additional instructions ‘‘approved before 

the effective date of this AD by Airbus DOA,’’ 

for this AD use ‘‘approved before the 

effective date of this AD by the Manager, 

Large Aircraft Section, International 

Validation Branch, FAA; or EASA; or Airbus 

SAS’s EASA DOA. If approved by the DOA, 

the approval must include the DOAauthorized signature.’’ 

(i) No Reporting Requirement 

Although the service information 

referenced in EASA AD 2021–0241 specifies 

to submit certain information to the 

manufacturer, this AD does not include that 

requirement. 

(j) Other FAA AD Provisions 

The following provisions also apply to this 

AD: 

(1) Alternative Methods of Compliance 

(AMOCs): The Manager, Large Aircraft 

Section, 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 responsible Flight 

Standards Office, as appropriate. If sending 

information directly to the Large Aircraft 

Section, International Validation Branch, 

send it to the attention of the person 

identified in paragraph (k)(2) of this AD. 

Information may be emailed to: 9-AVS-AIR730-AMOC@faa.gov. 

(i) Before using any approved AMOC, 

notify your appropriate principal inspector, 

or lacking a principal inspector, the manager 

of the responsible Flight Standards Office. 

(ii) AMOCs approved previously for AD 

2018–13–08 are approved as AMOCs for the 

corresponding provisions of EASA AD 2021– 

0241 that are required by paragraph (g) of this 

AD. 

(2) Contacting the Manufacturer: For any 

requirement in this AD to obtain instructions 

from a manufacturer, the instructions must 

be accomplished using a method approved 

by the Manager, Large Aircraft Section, 

International Validation Branch, FAA; or 

EASA; or Airbus SAS’s EASA Design 

Organization Approval (DOA). If approved by 

the DOA, the approval must include the 

DOA-authorized signature. 

(3) Required for Compliance (RC): For any 

service information referenced in EASA AD 

2021–0241 that contains RC procedures and 

tests: Except as required by paragraph (j)(2) 

of this AD, RC procedures and tests must be 

done to comply with this AD; any procedures 

or tests that are not identified as RC are 

recommended. Those procedures and tests 

that are not identified as RC may be deviated 

from using accepted methods in accordance 

with the operator’s maintenance or 

inspection program without obtaining 

approval of an AMOC, provided the 

procedures and tests identified as RC can be 

done and the airplane can be put back in an 

airworthy condition. Any substitutions or 

changes to procedures or tests identified as 

RC require approval of an AMOC. 

(k) Related Information 

(1) For information about EASA AD 2021– 

0241, contact EASA, Konrad-Adenauer-Ufer 

3, 50668 Cologne, Germany; telephone +49 

221 8999 000; email ADs@easa.europa.eu; 

internet www.easa.europa.eu. You may find 

this EASA AD on the EASA website at 

https://ad.easa.europa.eu. You may view this 

material at the FAA, Airworthiness Products 

Section, Operational Safety Branch, 2200 

South 216th St., Des Moines, WA. For 

information on the availability of this 

material at the FAA, call 206–231–3195. This 

material may be found in the AD docket on 

the internet at https://www.regulations.gov 

by searching for and locating Docket No. 

FAA–2022–0468. 

(2) For more information about this AD, 

contact Vladimir Ulyanov, Aerospace 

Engineer, Large Aircraft Section, 

International Validation Branch, FAA, 2200 

South 216th St., Des Moines, WA 98198; 

phone 206–231–3229; email 

vladimir.ulyanov@faa.gov. 

Issued on April 15, 2022. 

Ross Landes, 

Deputy Director for Regulatory Operations, 

Compliance & Airworthiness Division, 

Aircraft Certification Service. 

[FR Doc. 2022–08585 Filed 4–21–22; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 100 

[Docket Number USCG–2022–0141] 

RIN 1625–AA08 

Special Local Regulation; Back River, 

Baltimore County, MD 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard is proposing 

to establish temporary special local 


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regulations for certain waters of Back 

River. This action is necessary to 

provide for the safety of life on these 

navigable waters located in Baltimore 

County, MD, during activities associated 

with an air show event from July 15, 

2022, through July 17, 2022. This 

proposed rulemaking would prohibit 

persons and vessels from being in the 

regulated area unless authorized by the 

Captain of the Port Maryland-National 

Capital Region or the Coast Guard Event 

Patrol Commander. We invite your 

comments on this proposed rulemaking. 

DATES: Comments and related material 

must be received by the Coast Guard on 

or before May 23, 2022. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2022–0141 using the Federal 

eRulemaking Portal at https://

www.regulations.gov. See the ‘‘Public 

Participation and Request for 

Comments’’ portion of the 

SUPPLEMENTARY INFORMATION section for 

further instructions on submitting 

comments. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions about this proposed 

rulemaking, call or email Mr. Ron 

Houck, U.S. Coast Guard Sector 

Maryland-National Capital Region; 

telephone 410–576–2674, email D05- 

DG-SectorMD-NCR-MarineEvents@

uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

COTP Captain of the Port 

DHS Department of Homeland Security 

FR Federal Register 

NPRM Notice of proposed rulemaking 

PATCOM Patrol Commander 

§ Section 

U.S.C. United States Code 

II. Background, Purpose, and Legal 

Basis 

Tiki Lee’s Dock Bar of Sparrows 

Point, MD, and David Schultz Airshows 

LLC of Clearfield, PA, notified the Coast 

Guard that they will be conducting the 

2022 Tiki Lee’s Shootout on the River 

Airshow from 5 p.m. to 6 p.m. on July 

15, 2022, from 2 p.m. to 3 p.m. on July 

16, 2022, and from 2 p.m. to 3 p.m. on 

July 17, 2022. High speed, low-flying 

civilian and military aircraft air show 

performers will operate within a 

designated, marked aerobatics box 

located on Back River, between Lynch 

Point to the south and Walnut Point to 

the north. The event is being held 

adjacent to Tiki Lee’s Dock Bar, 4309 

Shore Road, Sparrows Point, in 

Baltimore County, MD. Hazards from 

the air show include risks of injury or 

death resulting from aircraft accidents, 

dangerous projectiles, hazardous 

materials spills, falling debris, and near 

or actual contact among participants 

and spectator vessels or waterway users 

if normal vessel traffic were to interfere 

with the event. Additionally, such 

hazards include participants operating 

near a designated navigation channel, as 

well as operating adjacent to waterside 

residential communities. The COTP 

Maryland-National Capital Region has 

determined that potential hazards 

associated with the air show would be 

a safety concern for anyone intending to 

participate in this event and for vessels 

that operate within specified waters of 

Back River. 

The purpose of this rulemaking is to 

protect event participants, nonparticipants, and transiting vessels 

before, during, and after the scheduled 

event. The Coast Guard is proposing this 

rulemaking under authority in 46 U.S.C. 

70041. 

III. Discussion of Proposed Rule 

The COTP Maryland-National Capital 

Region proposes to establish special 

local regulations from 4 p.m. on July 15, 

2022 through 4 p.m. on July 17, 2022. 

The regulations would be enforced from 

4 p.m. to 7 p.m. on July 15, 2022, from 

1 p.m. to 4 p.m. on July 16, 2022, and 

from 1 p.m. to 4 p.m. on July 17, 2022. 

The regulated area would cover all 

navigable waters of Back River within 

an area bounded by a line connecting 

the following points: from the shoreline 

at Lynch Point at latitude 39°14′46′′ N, 

longitude 076°26′23′′ W, thence 

northeast to Porter Point at latitude 

39°15′13′′ N, longitude 076°26′11′′ W, 

thence north along the shoreline to 

Walnut Point at latitude 39°17′06′′ N, 

longitude 076°27′04′′ W, thence 

southwest to the shoreline at latitude 

39°16′41′′ N, longitude 076°27′31′′ W, 

thence south along the shoreline to the 

point of origin, located in Baltimore 

County, MD. The regulated area is 

approximately 4,200 yards in length and 

1,200 yards in width. 

This proposed rule provides 

additional information about areas 

within the regulated area and their 

definitions. These areas include 

‘‘Aerobatics Box’’ and ‘‘Spectator 

Areas.’’ 

The proposed duration of the special 

local regulations and size of the 

regulated area are intended to ensure 

the safety of life on these navigable 

waters before, during, and after 

activities associated with the air show, 

scheduled from 5 p.m. to 6 p.m. on July 

15, 2022, from 2 p.m. to 3 p.m. on July 

16, 2022, and from 2 p.m. to 3 p.m. on 

July 17, 2022. The COTP and the Coast 

Guard Event PATCOM would have 

authority to forbid and control the 

movement of all vessels and persons, 

including event participants, in the 

regulated area. When hailed or signaled 

by an official patrol, a vessel or person 

in the regulated area would be required 

to immediately comply with the 

directions given by the COTP or Event 

PATCOM. If a person or vessel fails to 

follow such directions, the Coast Guard 

may expel them from the area, issue 

them a citation for failure to comply, or 

both. 

Except for 2022 Tiki Lee’s Shootout 

on the River Airshow participants and 

vessels already at berth, a vessel or 

person would be required to get 

permission from the COTP or Event 

PATCOM before entering the regulated 

area. Vessel operators would be able to 

request permission to enter and transit 

through the regulated area by contacting 

the Event PATCOM on VHF–FM 

channel 16. Vessel traffic would be able 

to safely transit the regulated area once 

the Event PATCOM deems it safe to do 

so. A vessel within the regulated area 

must operate at safe speed that 

minimizes wake. A person or vessel not 

registered with the event sponsor as a 

participant or assigned as official patrols 

would be considered a spectator. 

Official Patrols are any vessel assigned 

or approved by the Commander, Coast 

Guard Sector Maryland-National Capital 

Region with a commissioned, warrant, 

or petty officer on board and displaying 

a Coast Guard ensign. Official Patrols 

enforcing this regulated area can be 

contacted on VHF–FM channel 16 and 

channel 22A. 

If permission is granted by the COTP 

or Event PATCOM, a person or vessel 

would be allowed to enter the regulated 

area or pass directly through the 

regulated area as instructed. Vessels 

would be required to operate at a safe 

speed that minimizes wake while 

within the regulated area in a manner 

that would not endanger event 

participants or any other craft. A 

spectator vessel must not loiter within 

the navigable channel while within the 

regulated area. Official patrol vessels 

would direct spectators to the 

designated spectator area. Only 

participant vessels would be allowed to 

enter the aerobatics box. The Coast 

Guard would publish a notice in the 

Fifth Coast Guard District Local Notice 

to Mariners and issue a marine 

information broadcast on VHF–FM 

marine band radio announcing specific 

event dates and times. 

The regulatory text we are proposing 

appears at the end of this document. 


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IV. Regulatory Analyses 

We developed this proposed rule after 

considering numerous statutes and 

Executive orders related to rulemaking. 

Below we summarize our analyses 

based on a number of these statutes and 

Executive orders, and we discuss First 

Amendment rights of protestors. 

A. Regulatory Planning and Review 

Executive Orders 12866 and 13563 

direct agencies to assess the costs and 

benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits. 

This NPRM has not been designated a 

‘‘significant regulatory action’’ under 

Executive Order 12866. Accordingly, 

the NPRM has not been reviewed by the 

Office of Management and Budget 

(OMB). 

This regulatory action determination 

is based on the size and duration of the 

regulated area, which would impact a 

small designated area of Back River for 

9 total enforcement hours. This 

waterway supports mainly recreational 

vessel traffic, which at its peak, occurs 

during the summer season. Although 

this regulated area extends across the 

entire width of the waterway, the rule 

would allow vessels and persons to seek 

permission to enter the regulated area, 

and vessel traffic would be able to 

transit the regulated area as instructed 

by Event PATCOM. Such vessels must 

operate at safe speed that minimizes 

wake and not loiter within the navigable 

channel while within the regulated area. 

Moreover, the Coast Guard would issue 

a Broadcast Notice to Mariners via 

VHF–FM marine channel 16 about the 

status of the regulated area. 

B. Impact on Small Entities 

The Regulatory Flexibility Act of 

1980, 5 U.S.C. 601–612, as amended, 

requires Federal agencies to consider 

the potential impact of regulations on 

small entities during rulemaking. The 

term ‘‘small entities’’ comprises small 

businesses, not-for-profit organizations 

that are independently owned and 

operated and are not dominant in their 

fields, and governmental jurisdictions 

with populations of less than 50,000. 

The Coast Guard certifies under 5 U.S.C. 

605(b) that this proposed rule would not 

have a significant economic impact on 

a substantial number of small entities. 

While some owners or operators of 

vessels intending to transit the safety 

zone may be small entities, for the 

reasons stated in section IV.A above, 

this proposed rule would not have a 

significant economic impact on any 

vessel owner or operator. 

If you think that your business, 

organization, or governmental 

jurisdiction qualifies as a small entity 

and that this rule would have a 

significant economic impact on it, 

please submit a comment (see 

ADDRESSES) explaining why you think it 

qualifies and how and to what degree 

this rule would economically affect it. 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

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

we want to assist small entities in 

understanding this proposed rule. If the 

rule would affect your small business, 

organization, or governmental 

jurisdiction and you have questions 

concerning its provisions or options for 

compliance, please call or email the 

person listed in the FOR FURTHER

INFORMATION CONTACT section. The Coast 

Guard will not retaliate against small 

entities that question or complain about 

this proposed rule or any policy or 

action of the Coast Guard. 

C. Collection of Information 

This proposed rule would not call for 

a new collection of information under 

the Paperwork Reduction Act of 1995 

(44 U.S.C. 3501–3520). 

D. Federalism and Indian Tribal 

Governments 

A rule has implications for federalism 

under Executive Order 13132 

(Federalism), if it has a substantial 

direct effect on the States, on the 

relationship between the National 

Government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government. We have analyzed 

this proposed rule under that Order and 

have determined that it is consistent 

with the fundamental federalism 

principles and preemption requirements 

described in Executive Order 13132. 

Also, this proposed rule does not have 

tribal implications under Executive 

Order 13175 (Consultation and 

Coordination with Indian Tribal 

Governments) because it would not 

have a substantial direct effect on one or 

more Indian tribes, on the relationship 

between the Federal Government and 

Indian tribes, or on the distribution of 

power and responsibilities between the 

Federal Government and Indian tribes. 

If you believe this proposed rule has 

implications for federalism or Indian 

tribes, please call or email the person 

listed in the FOR FURTHER INFORMATION

CONTACT section. 

E. Unfunded Mandates Reform Act 

The Unfunded Mandates Reform Act 

of 1995 (2 U.S.C. 1531–1538) requires 

Federal agencies to assess the effects of 

their discretionary regulatory actions. In 

particular, the Act addresses actions 

that may result in the expenditure by a 

State, local, or tribal government, in the 

aggregate, or by the private sector of 

$100,000,000 (adjusted for inflation) or 

more in any one year. Though this 

proposed rule would not result in such 

an expenditure, we do discuss the 

effects of this rule elsewhere in this 

preamble. 

F. Environment 

We have analyzed this proposed rule 

under Department of Homeland 

Security Directive 023–01, Rev. 1, 

associated implementing instructions, 

and Environmental Planning 

COMDTINST 5090.1 (series), which 

guide the Coast Guard in complying 

with the National Environmental Policy 

Act of 1969 (42 U.S.C. 4321–4370f), and 

have made a preliminary determination 

that this action is one of a category of 

actions that do not individually or 

cumulatively have a significant effect on 

the human environment. This proposed 

rule involves implementation of 

regulations within 33 CFR part 100 

applicable to organized marine events 

on the navigable waters of the United 

States that could negatively impact the 

safety of waterway users and shore side 

activities in the event area lasting for 9 

total enforcement hours. Normally such 

actions are categorically excluded from 

further review under paragraph L61 of 

Appendix A, Table 1 of DHS Instruction 

Manual 023–01–001–01, Rev. 1. For 

instructions on locating the docket, see 

the ADDRESSES section of this preamble. 

We seek any comments or information 

that may lead to the discovery of a 

significant environmental impact from 

this proposed rule. 

G. Protest Activities 

The Coast Guard respects the First 

Amendment rights of protesters. 

Protesters are asked to call or email the 

person listed in the FOR FURTHER

INFORMATION CONTACT section to 

coordinate protest activities so that your 

message can be received without 

jeopardizing the safety or security of 

people, places, or vessels. 

V. Public Participation and Request for 

Comments 

We view public participation as 

essential to effective rulemaking, and 

will consider all comments and material 

received during the comment period. 

Your comment can help shape the 

outcome of this rulemaking. If you 

submit a comment, please include the 

docket number for this rulemaking, 

indicate the specific section of this 

document to which each comment 


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Federal Register / Vol. 87, No. 78 / Friday, April 22, 2022 / Proposed Rules 24087 

applies, and provide a reason for each 

suggestion or recommendation. 

Submitting comments. We encourage 

you to submit comments through the 

Federal Decision Making Portal at 

https://www.regulations.gov. To do so, 

go to https://www.regulations.gov, type 

USCG–2022–0141 in the ‘‘SEARCH’’ 

box and click ‘‘SEARCH.’’ Next, look for 

this document in the Search Results 

column, and click on it. Then click on 

the Comment option. If you cannot 

submit your material by using https://

www.regulations.gov, call or email the 

person in the FOR FURTHER INFORMATION

CONTACT section of this proposed rule 

for alternate instructions. 

Viewing material in docket. To view 

documents mentioned in this proposed 

rule as being available in the docket, 

find the docket as described in the 

previous paragraph, and then select 

‘‘Supporting & Related Material’’ in the 

Document Type column. Public 

comments will also be placed in our 

online docket and can be viewed by 

following instructions on the https://

www.regulations.gov Frequently Asked 

Questions web page. We review all 

comments received, but we will only 

post comments that address the topic of 

the proposed rule. We may choose not 

to post off-topic, inappropriate, or 

duplicate comments that we receive. 

Personal information. We accept 

anonymous comments. Comments we 

post to https://www.regulations.gov will 

include any personal information you 

have provided. For more about privacy 

and submissions to the docket in 

response to this document, see DHS’s 

eRulemaking System of Records notice 

(85 FR 14226, March 11, 2020). 

List of Subjects in 33 CFR Part 100 

Marine safety, Navigation (water), 

Reporting and recordkeeping 

requirements, Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard is proposing 

to amend 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. Add § 100.T05–0141 to read as 

follows: 

§ 100.T05 –0141 2022 Tiki Lee’s Shootout 

on the River Airshow, Back River, Baltimore 

County, MD. 

(a) Locations. All coordinates are 

based on datum NAD 1983. 

(1) Regulated area. All navigable 

waters of Back River, within an area 

bounded by a line connecting the 

following points: from the shoreline at 

Lynch Point at latitude 39°14′46′′ N, 

longitude 076°26′23′′ W, thence 

northeast to Porter Point at latitude 

39°15′13′′ N, longitude 076°26′11′′ W, 

thence north along the shoreline to 

Walnut Point at latitude 39°17′06′′ N, 

longitude 076°27′04′′ W, thence 

southwest to the shoreline at latitude 

39°16′41′′ N, longitude 076°27′31′′ W, 

thence south along the shoreline to and 

terminating at the point of origin. The 

aerobatics box and spectator areas are 

within the regulated area. 

(2) Aerobatics Box. The aerobatics box 

is a polygon in shape measuring 

approximately 5,000 feet in length by 

1,000 feet in width. The area is bounded 

by a line commencing at position 

latitude 39°16′01.2′′ N, longitude 

076°27′05.7′′ W, thence east to latitude 

39°16′04.7′′ N, longitude 076°26′53.7′′ 

W, thence south to latitude 39°15′16.9′′ 

N, longitude 076°26′35.2′′ W, thence 

west to latitude 39°15′13.7′′ N, longitude 

076°26′47.2′′ W, thence north to and 

terminating at the point of origin. 

(3) Spectator Areas—(i) East 

Spectator Fleet Area. The area is a 

polygon in shape measuring 

approximately 2,200 yards in length by 

450 yards in width. The area is bounded 

by a line commencing at position 

latitude 39°15′20.16′′ N, longitude 

076°26′17.99′′ W, thence west to latitude 

39°15′17.47′′ N, longitude 076°26′27.41′′ 

W, thence north to latitude 39°16′18.48′′ 

N, longitude 076°26′48.42′′ W, thence 

east to latitude 39°16′25.60′′ N, 

longitude 076°26′27.14′′ W, thence 

south to latitude 39°15′40.90′′ N, 

longitude 076°26′31.30′′ W, thence 

south to and terminating at the point of 

origin. 

(ii) Northwest Spectator Fleet Area. 

The area is a polygon in shape 

measuring approximately 750 yards in 

length by 150 yards in width. The area 

is bounded by a line commencing at 

position latitude 39°16′01.64′′ N, 

longitude 076°27′11.62′′ W, thence 

south to latitude 39°15′47.80′′ N, 

longitude 076°27′06.50′′ W, thence 

southwest to latitude 39°15′40.11′′ N, 

longitude 076°27′08.71′′ W, thence 

northeast to latitude 39°15′45.63′′ N, 

longitude 076°27′03.08′′ W, thence 

northeast to latitude 39°16′01.19′′ N, 

longitude 076°27′05.65′′ W, thence west 

to and terminating at the point of origin. 

(iii) Southwest Spectator Fleet Area. 

The area is a polygon in shape 

measuring approximately 400 yards in 

length by 175 yards in width. The area 

is bounded by a line commencing at 

position latitude 39°15′30.81′′ N, 

longitude 076°27′05.58′′ W, thence 

south to latitude 39°15′21.06′′ N, 

longitude 076°26′56.14′′ W, thence east 

to latitude 39°15′21.50′′ N, longitude 

076°26′52.59′′ W, thence north to 

latitude 39°15′29.75′′ N, longitude 

076°26′56.12′′ W, thence west to and 

terminating at the point of origin. 

(b) Definitions. As used in this 

section— 

Aerobatics Box is an area described by 

a line bound by coordinates provided in 

latitude and longitude that outlines the 

boundary of an aerobatics box within 

the regulated area defined by this 

section. 

Captain of the Port (COTP) MarylandNational Capital Region means the 

Commander, U.S. Coast Guard Sector 

Maryland-National Capital Region or 

any Coast Guard commissioned, warrant 

or petty officer who has been authorized 

by the COTP to act on his behalf. 

Event Patrol Commander or Event 

PATCOM means a commissioned, 

warrant, or petty officer of the U.S. 

Coast Guard who has been designated 

by the Commander, Coast Guard Sector 

Maryland-National Capital Region. 

Official patrol means any vessel 

assigned or approved by Commander, 

Coast Guard Sector Maryland-National 

Capital Region with a commissioned, 

warrant, or petty officer on board and 

displaying a Coast Guard ensign. 

Participant means a person or vessel 

registered with the event sponsor as 

participating in the ‘‘2022 Tiki Lee’s 

Shootout on the River Airshow’’ event, 

or otherwise designated by the event 

sponsor as having a function tied to the 

event. 

Spectator means a person or vessel 

not registered with the event sponsor as 

participants or assigned as official 

patrols. 

Spectator area is an area described by 

a line bound by coordinates provided in 

latitude and longitude within the 

regulated area defined by this section 

that outlines the boundary of an area 

reserved for non-participant vessels 

watching the event. 

(c) Special local regulations. (1) The 

COTP Maryland-National Capital 

Region or Event PATCOM may forbid 

and control the movement of all vessels 

and persons, including event 

participants, in the regulated area 

described in paragraph (a)(1) of this 

section. When hailed or signaled by an 

official patrol, a vessel or person in the 

regulated area shall immediately 

comply with the directions given by the 

patrol. Failure to do so may result in the 

Coast Guard expelling the person or 

vessel from the area, issuing a citation 

for failure to comply, or both. The COTP 

Maryland-National Capital Region or 

Event PATCOM may terminate the 

event, or a participant’s operations at 


lotter on DSK11XQN23PROD with PROPOSALS1
24088 Federal Register / Vol. 87, No. 78 / Friday, April 22, 2022 / Proposed Rules 

any time the COTP Maryland-National 

Capital Region or Event PATCOM 

believes it necessary to do so for the 

protection of life or property. 

(2) Except for participants and vessels 

already at berth, a person or vessel 

within the regulated area at the start of 

enforcement of this section must 

immediately depart the regulated area. 

(3) A spectator must contact the Event 

PATCOM to request permission to 

either enter or pass through the 

regulated area. The Event PATCOM and 

official patrol vessels enforcing this 

regulated area can be contacted on 

marine band radio VHF–FM channel 16 

(156.8 MHz) and channel 22A (157.1 

MHz). If permission is granted, the 

spectator must enter a designated 

spectator area or pass directly through 

the regulated area as instructed by Event 

PATCOM. A vessel within the regulated 

area must operate at safe speed that 

minimizes wake. A spectator vessel 

must not loiter within the navigable 

channel while within the regulated area. 

(4) Only participant vessels are 

allowed to enter and remain within the 

aerobatics box. 

(5) A person or vessel that desires to 

transit, moor, or anchor within the 

regulated area must obtain authorization 

from the COTP Maryland-National 

Capital Region or Event PATCOM. A 

person or vessel seeking such 

permission can contact the COTP 

Maryland-National Capital Region at 

telephone number 410–576–2693 or on 

Marine Band Radio, VHF–FM channel 

16 (156.8 MHz) or the Event PATCOM 

on Marine Band Radio, VHF–FM 

channel 16 (156.8 MHz). 

(6) The Coast Guard will publish a 

notice in the Fifth Coast Guard District 

Local Notice to Mariners and issue a 

marine information broadcast on VHF– 

FM marine band radio announcing 

specific event dates and times. 

(d) Enforcement officials. The Coast 

Guard may be assisted with marine 

event patrol and enforcement of the 

regulated area by other federal, state, 

and local agencies. 

(e) Enforcement periods. This section 

will be enforced from 4 p.m. to 7 p.m. 

on July 15, 2022, from 1 p.m. to 4 p.m. 

on July 16, 2022, and from 1 p.m. to 4 

p.m. on July 17, 2022. 

Dated: April 18, 2022. 

James R. Bendle, 

Commander, U.S. Coast Guard, Acting 

Captain of the Port Maryland-National 

Capital Region. 

[FR Doc. 2022–08594 Filed 4–21–22; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2022–0134] 

RIN 1625–AA00 

Safety Zone; Falls Bridge Project, Blue 

Hill, ME 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard is proposing 

to establish a temporary safety zone for 

the navigable waters within a 50-yard 

radius from the center of the Falls 

Bridge in Blue Hill, ME. This action is 

necessary to protect personnel, vessels, 

and marine environment from potential 

hazards created by the demolition, 

subsequent removal, and replacement of 

the Falls Bridge. This proposed 

regulation would prohibit entry of 

vessels or persons into the safety zone 

unless authorized by the Captain of the 

Port Northern New England (COTP) or 

a designated representative. We invite 

your comments on this proposed 

rulemaking. 

DATES: Comments and related material 

must be received by the Coast Guard on 

or before May 23, 2022. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2022–0134 using the Federal Decision 

Making Portal at https://

www.regulations.gov. See the ‘‘Public 

Participation and Request for 

Comments’’ portion of the 

SUPPLEMENTARY INFORMATION section for 

further instructions on submitting 

comments. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call or 

email Lieutenant Shaun Doyle, 

Waterways Management Division, 

Sector Northern New England, U.S. 

Coast Guard; telephone 207–347–5015, 

email Shaun.T.Doyle@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

COTP Captain of the Port 

DHS Department of Homeland Security 

FR Federal Register 

TIR Temporary Interim Rule 

NPRM Notice of proposed rulemaking 

§ Section 

U.S.C. United States Code 

II. Background, Purpose, and Legal 

Basis 

On January 6, 2022, Maine 

Department of Transportation notified 

Sector Northern New England of an 

upcoming construction project on the 

Falls Bridge in Blue Hill, ME. The 

construction project consists of a 

complete replacement of the bridge 

superstructure and is scheduled to 

commence July 1, 2022, through June 

30, 2024. The COTP has determined that 

the potential hazards associated with 

the bridge construction project will be a 

safety concern for anyone within a 50- 

yard radius from the center of the Falls 

Bridge in Blue Hill, ME. 

The purpose of this rulemaking is to 

ensure the safety of vessels and the 

navigable waters within a 50-yard 

radius from the center of the Falls 

Bridge in Blue Hill, ME. The Coast 

Guard is proposing this rulemaking 

under authority in 46 U.S.C. 70034 

(previously 33 U.S.C. 1231). 

III. Discussion of Proposed Rule 

The COTP is proposing to establish a 

safety zone from July 1, 2022, through 

June 30, 2024. The safety zone would 

cover all navigable waters within a 50- 

yard radius from the center of the Falls 

Bridge located in Blue Hill, Maine. The 

duration of the zone is intended to 

ensure the safety of vessels and these 

navigable waters during bridge 

replacement. No vessel or person would 

be permitted to enter the safety zone 

without obtaining permission from the 

COTP or a designated representative. 

The regulatory text we are proposing 

appears at the end of this document. 

IV. Regulatory Analyses 

We developed this proposed rule after 

considering numerous statutes and 

Executive orders related to rulemaking. 

Below we summarize our analyses 

based on a number of these statutes and 

Executive orders, and we discuss First 

Amendment rights of protestors. 

A. Regulatory Planning and Review 

Executive Orders 12866 and 13563 

direct agencies to assess the costs and 

benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits. 

This NPRM has not been designated a 

‘‘significant regulatory action,’’ under 

Executive Order 12866. Accordingly, 

the NPRM has not been reviewed by the 

Office of Management and Budget 

(OMB). 

This regulatory action determination 

is based on the size and location of the 

safety zone. The safety zone would only 

impact a 50-yard radius from the center 

of the Falls Bridge in Blue Hill, ME. 

Local waterway use is normally 

recreational and public outreach 

performed by Maine Department of 


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