27956 Federal Register / Vol. 87, No. 90 / Tuesday, May 10, 2022 / Proposed Rules 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Incorporation by reference, 

Safety. 

The Proposed Amendment 

Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA proposes to amend 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: 

Airbus Helicopters Deutschland GmbH 

(AHD): Docket No. FAA–2022–0510; 

Project Identifier MCAI–2022–00158–R. 

(a) Comments Due Date 

The FAA must receive comments on this 

airworthiness directive (AD) by June 24, 

2022. 

(b) Affected ADs 

None. 

(c) Applicability 

This AD applies to Airbus Helicopters 

Deutschland GmbH (AHD) Model EC135P1, 

EC135P2, EC135P2+, EC135P3, EC135T1, 

EC135T2, EC135T2+, and EC135T3 

helicopters, serial numbers (S/N) from 0008 

to 0869 inclusive, except S/N 0831 and S/N 

0864, certificated in any category. 

(d) Subject 

Joint Aircraft Service Component (JASC) 

Code 2100, Air Conditioning System. 

(e) Unsafe Condition 

This AD was prompted by reports of the air 

conditioning system (ACS) malfunctioning. 

The FAA is issuing this AD to prevent 

possible overheating of the ACS. The unsafe 

condition, if not addressed, could result in an 

overvoltage of the ACS, resulting in 

overheating of the surrounding area, failure 

of the helicopter electrical system connected 

to the ACS, and a subsequent loss of 

electrical power which could result in 

increased pilot workload and reduced 

helicopter control. 

(f) Compliance 

Comply with this AD within the 

compliance times specified, unless already 

done. 

(g) Requirements 

Except as specified in paragraphs (h) and 

(i) of this AD: Comply with all required 

actions and compliance times specified in, 

and in accordance with, European Union 

Aviation Safety Agency (EASA) AD 2022– 

0023, dated February 3, 2022 (EASA AD 

2022–0023). 

(h) Exceptions to EASA AD 2022–0023 

(1) Where EASA AD 2022–0023 requires 

compliance in terms of flight hours, this AD 

requires using hours time-in-service. 

(2) Where EASA AD 2022–0023 refers to its 

effective date, this AD requires using the 

effective date of this AD. 

(3) This AD does not mandate compliance 

with the ‘‘Remarks’’ section of EASA AD 

2022–0023. 

(i) No Reporting Requirement 

Although the service information 

referenced in EASA AD 2022–0023 specifies 

to submit certain information to the 

manufacturer, this AD does not include that 

requirement. 

(j) 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 (k)(2) of this AD. 

Information may be emailed to: 9-AVS-AIR730-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. 

(k) Related Information 

(1) For EASA AD 2022–0023, 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 the 

EASA material on the EASA website at 

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

material at the FAA, Office of the Regional 

Counsel, Southwest Region, 10101 Hillwood 

Pkwy., Room 6N–321, Fort Worth, TX 76177. 

For information on the availability of this 

material at the FAA, call (817) 222–5110. 

This material may be found in the AD docket 

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

for and locating Docket No. FAA–2022–0510. 

(2) For more information about this AD, 

contact Stephanie Sunderbruch, Aerospace 

Engineer, Safety Risk Management Section, 

Systems Policy Branch, Policy & Innovation 

Division, FAA, 10101 Hillwood Pkwy., Fort 

Worth, TX 76177; telephone (817) 222–4659; 

email Stephanie.L.Sunderbruch@faa.gov. 

Issued on April 30, 2022. 

Gaetano A. Sciortino, 

Deputy Director for Strategic Initiatives, 

Compliance & Airworthiness Division, 

Aircraft Certification Service. 

[FR Doc. 2022–09683 Filed 5–9–22; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2022–0475; Airspace 

Docket No. 21–AEA–16] 

RIN 2120–AA66 

Proposed Establishment of Area 

Navigation (RNAV) Routes; Northeast 

United States 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: This action proposes to 

establish six low altitude United States 

Area Navigation (RNAV) routes (Troutes) in support of the VHF 

Omnidirectional Range (VOR) Minimum 

Operational Network (MON) Program. 

The purpose is to enhance the efficiency 

of the National Airspace System (NAS) 

by transitioning from a ground-based to 

a satellite-based navigation system. 

DATES: Comments must be received on 

or before June 24, 2022. 

ADDRESSES: Send comments on this 

proposal to the U.S. Department of 

Transportation, Docket Operations, 1200 

New Jersey Avenue SE, West Building 

Ground Floor, Room W12–140, 

Washington, DC 20590; telephone: (800) 

647–5527, or (202) 366–9826. You must 

identify FAA Docket No. FAA–2022– 

0475; Airspace Docket No. 21–AEA–16 

at the beginning of your comments. You 

may also submit comments through the 

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

FAA Order JO 7400.11F, Airspace 

Designations and Reporting Points, and 

subsequent amendments can be viewed 

online at https://www.faa.gov/air_

traffic/publications/. For further 

information, you can contact the Rules 

and Regulations Group, Federal 

Aviation Administration, 800 

Independence Avenue SW, Washington, 

DC 20591; telephone: (202) 267–8783. 

FOR FURTHER INFORMATION CONTACT: Paul 

Gallant, Rules and Regulations Group, 

Office of Policy, Federal Aviation 

Administration, 800 Independence 

Avenue SW, Washington, DC 20591; 

telephone: (202) 267–8783. 

SUPPLEMENTARY INFORMATION: 

Authority for This Rulemaking 

The FAA’s authority to issue rules 

regarding aviation safety is found in 

Title 49 of the United States Code. 

Subtitle I, Section 106 describes the 

authority of the FAA Administrator. 

Subtitle VII, Aviation Programs, 

describes in more detail the scope of the 


lotter on DSK11XQN23PROD with PROPOSALS1
Federal Register / Vol. 87, No. 90 / Tuesday, May 10, 2022 / Proposed Rules 27957 

agency’s authority. This rulemaking is 

promulgated under the authority 

described in Subtitle VII, Part A, 

Subpart I, Section 40103. Under that 

section, the FAA is charged with 

prescribing regulations to assign the use 

of the airspace necessary to ensure the 

safety of aircraft and the efficient use of 

airspace. This regulation is within the 

scope of that authority as it would 

expand the availability of RNAV in the 

northeast United States and improve the 

efficient flow of air traffic within the 

NAS by lessening the dependency on 

ground-based navigation. 

Comments Invited 

Interested parties are invited to 

participate in this proposed rulemaking 

by submitting such written data, views, 

or arguments as they may desire. 

Comments that provide the factual basis 

supporting the views and suggestions 

presented are particularly helpful in 

developing reasoned regulatory 

decisions on the proposal. Comments 

are specifically invited on the overall 

regulatory, aeronautical, economic, 

environmental, and energy-related 

aspects of the proposal. 

Communications should identify both 

docket numbers (FAA Docket No. FAA– 

2022–0475; Airspace Docket No. 21– 

AEA–16) and be submitted in triplicate 

to the Docket Management Facility (see 

ADDRESSES section for address and 

phone number). You may also submit 

comments through the internet at 

https://www.regulations.gov. 

Commenters wishing the FAA to 

acknowledge receipt of their comments 

on this action must submit with those 

comments a self-addressed, stamped 

postcard on which the following 

statement is made: ‘‘Comments to FAA 

Docket No. FAA–2022–0475; Airspace 

Docket No. 21–AEA–16.’’ The postcard 

will be date/time stamped and returned 

to the commenter. 

All communications received on or 

before the specified comment closing 

date will be considered before taking 

action on the proposed rule. The 

proposal contained in this action may 

be changed in light of comments 

received. All comments submitted will 

be available for examination in the 

public docket both before and after the 

comment closing date. A report 

summarizing each substantive public 

contact with FAA personnel concerned 

with this rulemaking will be filed in the 

docket. 

Availability of NPRMs 

An electronic copy of this document 

may be downloaded through the 

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

Recently published rulemaking 

documents can also be accessed through 

the FAA’s web page at https://

www.faa.gov/air_traffic/publications/ 

airspace_amendments/. You may 

review the public docket containing the 

proposal, any comments received and 

any final disposition in person in the 

Dockets Office (see ADDRESSES section 

for address and phone number) between 

9:00 a.m. and 5:00 p.m., Monday 

through Friday, except Federal holidays. 

An informal docket may also be 

examined during normal business hours 

at the office of the Eastern Service 

Center, Federal Aviation 

Administration, Room 210, 1701 

Columbia Ave., College Park, GA, 

30337. 

Availability and Summary of 

Documents for Incorporation by 

Reference 

This document proposes to amend 

FAA Order JO 7400.11F, Airspace 

Designations and Reporting Points, 

dated August 10, 2021, and effective 

September 15, 2021. FAA Order JO 

7400.11F is publicly available as listed 

in the ADDRESSES section of this 

document. FAA Order JO 7400.11F lists 

Class A, B, C, D, and E airspace areas, 

air traffic service routes, and reporting 

points. 

The Proposal 

The FAA is proposing an amendment 

to 14 CFR part 71 to establish six low 

altitude RNAV T-routes, designated T– 

416, T–428, T–430, T–434, T–436, and 

T–438, in the northeast United States to 

support the VOR MON Program. 

T–416: T–416 would extend between 

the Smyrna, DE, (ENO) VHF 

Omnidirectional Range/Tactical Air 

Navigational System (VORTAC), and the 

PREPI, OA, Fix (OA means ‘‘Offshore 

Atlantic’’). The route would overlie 

VOR Federal airway V–312 between the 

ALBEK, NJ, Fix, and the PREPI Fix. At 

PREPI, T–416 would connect with the 

oceanic route structure. 

T–428: T–428 would extend between 

the Selinsgrove, PA, (SEG) VOR/ 

Distance Measuring Equipment (VOR/ 

DME), and the NECCK, NJ, Waypoint 

(WP). The route would overlie VOR 

Federal airway V–6 from Selinsgrove to 

the Solberg, NJ, (SBJ) VOR/DME. T–428 

would also overlie VOR Federal airway 

V–232 from Solberg to the TYKES, NJ, 

Fix, then to the NECCK, NJ, WP, that 

will replace the Colts Neck, NJ, (COL) 

VOR/DME. 

T–430: T–430 would extend between 

the Philipsburg, PA, VORTAC (PSB), 

and the Solberg, NJ, (SBJ) VOR/DME. 

The route would overlie VOR Federal 

airway V–30 between Philipsburg and 

Solberg. 

T–434: T–434 would extend between 

the SCAAM, PA, WP, and the NECCK, 

NJ, WP. The SCAAM WP would replace 

the Keating, PA, (ETG) VORTAC. The 

HYATT, PA, WP would replace the 

Milton, PA, (MIP) VORTAC. The 

NECCK, NJ, WP, would replace the 

Colts Neck, NJ, (COL) VOR/DME. T–434 

would overlie VOR Federal airway V– 

232 from the SCAAM WP to the NECCK 

WP. 

T–436: T–436 would extend between 

the Robbinsville, NJ, (RBV) VORTAC, 

and the Martha’s Vineyard, MA, (MVY) 

VOR/DME. It would overlie VOR 

Federal airway V–249 from Robbinsville 

to the Sparta, NJ, (SAX) VORTAC. T– 

436 would overlie VOR Federal airway 

V–623 from Sparta to the BIZEX, NY, 

WP. The BIZEX WP will replace the 

Carmel, NY, (CMK) VOR/DME. 

Additionally, T–436 would overlie VOR 

Federal airway V–188 from the BIZEX 

WP to the Groton, CT, (GON) VOR/ 

DME; and, it would overlie VOR Federal 

airway V–374 from Groton to Martha’s 

Vineyard. 

T–438: T–438 would extend between 

the RASHE, PA, Fix and the PREPI, OA, 

Fix. It would overlie VOR Federal 

airway V–276 between RASHE and 

PREPI. 

United States RNAV T-routes are 

published in paragraph 6011 of FAA 

Order JO 7400.11F, dated August 10, 

2021, and effective September 15, 2021, 

which is incorporated by reference in 14 

CFR 71.1. The RNAV routes listed in 

this document would be subsequently 

published in FAA Order JO 7400.11. 

FAA Order JO 7400.11, Airspace 

Designations and Reporting Points, is 

published yearly and effective on 

September 15. 

Regulatory Notices and Analyses 

The FAA has determined that this 

proposed regulation only involves an 

established body of technical 

regulations for which frequent and 

routine amendments are necessary to 

keep them operationally current. It, 

therefore: (1) Is not a ‘‘significant 

regulatory action’’ under Executive 

Order 12866; (2) is not a ‘‘significant 

rule’’ under Department of 

Transportation (DOT) Regulatory 

Policies and Procedures (44 FR 11034; 

February 26, 1979); and (3) does not 

warrant preparation of a regulatory 

evaluation as the anticipated impact is 

so minimal. Since this is a routine 

matter that will only affect air traffic 

procedures and air navigation, it is 

certified that this proposed rule, when 

promulgated, will not have a significant 

economic impact on a substantial 

number of small entities under the 

criteria of the Regulatory Flexibility Act. 


lotter on DSK11XQN23PROD with PROPOSALS1
27958 Federal Register / Vol. 87, No. 90 / Tuesday, May 10, 2022 / Proposed Rules 

Environmental Review 

This proposal will be subject to an 

environmental analysis in accordance 

with FAA Order 1050.1F, 

‘‘Environmental Impacts: Policies and 

Procedures’’ prior to any FAA final 

regulatory action. 

List of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (air). 

The Proposed Amendment 

In consideration of the foregoing, the 

Federal Aviation Administration 

proposes to amend 14 CFR part 71 as 

follows: 

PART 71—DESIGNATION OF CLASS A, 

B, C, D, AND E AIRSPACE AREAS; AIR 

TRAFFIC SERVICE ROUTES; AND 

REPORTING POINTS 

■ 1. The authority citation for part 14 

CFR 71 continues to read as follows: 

Authority: 49 U.S.C. 106(f), 106(g); 40103, 

40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 

1959–1963 Comp., p. 389. 

§ 71.1 [Amended] 

■ 2. The incorporation by reference in 

14 CFR 71.1 of FAA Order JO 7400.11F, 

Airspace Designations and Reporting 

Points, dated August 10, 2021, and 

effective September 15, 2021, is 

amended as follows: 

Paragraph 6011 United States Area 

Navigation Routes. 

* * * * * 

T–416 Smyrna, DE (ENO) to PREPI, OA [New] 

Smyrna, DE (ENO) VORTAC (Lat. 39°13′53.93′′ N, long. 075°30′57.49′′ W) 

TEBEE, NJ Fix (Lat. 39°30′13.97′′ N, long. 075°19′37.19′′ W) 

LULOO, NJ WP (Lat. 39°36′35.96′′ N, long. 075°12′57.43′′ W) 

RIDNG, NJ WP (Lat. 39°45′30.23′′ N, long. 075°05′59.95′′ W) 

ALBEK, NJ Fix (Lat. 39°46′39.92′′ N, long. 074°54′25.99′′ W) 

Coyle, NJ (CYN) VORTAC (Lat. 39°49′02.42′′ N, long. 074°25′53.85′′ W) 

PREPI, OA Fix (Lat. 39°48′41.06′′ N, long. 073°15′40.70′′ W) 

*******

T–428 Selinsgrove, PA (SEG) to NECCK, NJ [New] 

Selinsgrove, PA (SEG) VOR/DME (Lat. 40°47′27.09′′ N, long. 076°53′02.55′′ W) 

EESTN, PA WP (Lat. 40°43′36.50′′ N, long. 075°27′16.55′′ W) 

Solberg, NJ (SBJ) VOR/DME (Lat. 40°34′58.96′′ N, long. 074°44′30.45′′ W) 

TYKES, NJ Fix (Lat. 40°17′22.38′′ N, long. 074°23′06.13′′ W) 

NECCK, NJ WP (Lat. 40°18′41.79′′ N, long. 074°09′35.79′′ W) 

*******

T–430 Philipsburg, PA (PSB) to Solberg, NJ (SBJ) [New] 

Philipsburg, PA (PSB) VORTAC (Lat. 40°54′58.53′′ N, long. 077°59′33.78′′ W) 

Selinsgrove, PA (SEG) VOR/DME (Lat. 40°47′27.09′′ N, long. 076°53′02.55′′ W) 

East Texas, PA (ETX) VOR/DME (Lat. 40°34′51.74′′ N, long. 075°41′02.51′′ W) 

BOPLY, PA Fix (Lat. 40°32′47.79′′ N, long. 075°11′07.06′′ W) 

Solberg, NJ (SBJ) VOR/DME (Lat. 40°34′58.96′′ N, long. 074°44′30.45′′ W) 

*******

T–434 SCAAM, PA to NECCK, NJ [New] 

SCAAM, PA WP (Lat. 41°11′37.46′′ N, long. 077°58′15.20′′ W) 

WATSO, PA Fix (Lat. 41°02′46.31′′ N, long. 076°50′00.10′′ W) 

HYATT, PA WP (Lat. 41°01′24.47′′ N, long. 076°39′54.34′′ W) 

LYTEL, PA Fix (Lat. 40°55′48.79′′ N, long. 075°52′14.42′′ W) 

BEERS, PA Fix (Lat. 40°52′47.50′′ N, long. 075°27′37.36′′ W) 

HOPPS, PA Fix (Lat. 40°51′10.41′′ N, long. 075°23′39.31′′ W) 

Solberg, NJ (SBJ) VOR/DME (Lat. 40°34′58.96′′ N, long. 074°44′30.45′′ W) 

TYKES, NJ Fix (Lat. 40°17′22.38′′ N, long. 074°23′06.13′′ W) 

NECCK, NJ WP (Lat. 40°18′41.79′′ N, long. 074°09′35.79′′ W) 

*******

T–436 Robbinsville, NJ (RBV) to Martha’s Vineyard, MA (MVY) [New] 

Robbinsville, NJ (RBV) VORTAC (Lat. 40°12′08.65′′ N, long. 074°29′42.09′′ W) 

JERYY, NJ Fix (Lat. 40°19′10.38′′ N, long. 074°37′23.66′′ W) 

Solberg, NJ (SBJ) VOR/DME (Lat. 40°34′58.96′′ N, long. 074°44′30.45′′ W) 

Sparta, NJ (SAX) VORTAC (Lat. 41°04′03.15′′ N, long. 074°32′17.91′′ W) 

SEAVY, NJ Fix (Lat. 41°12′30.76′′ N, long. 074°19′35.62′′ W) 

BIZEX, NY WP (Lat. 41°17′02.86′′ N, long. 073°34′50.20′′ W) 

SEALL, CT INT (Lat. 41°23′33.74′′ N, long. 072°50′50.56′′ W) 

Groton, CT (GON) VOR/DME (Lat. 41°19′49.45′′ N, long. 072°03′07.14′′ W) 

Martha’s Vineyard, MA (MVY) VOR/DME (Lat. 41°23′46.37′′ N, long. 070°36′45.78′′ W) 

*******

T–438 RASHE, PA to PREPI, OA [New] 

RASHE, PA Fix (Lat. 40°40′36.04′′ N, long. 077°38′38.94′′ W) 

Ravine, PA (RAV) VORTAC (Lat. 40°33′12.21′′ N, long. 076°35′57.77′′ W) 

HIKES, PA Fix (Lat. 40°22′55.93′′ N, long. 075°36′54.90′′ W) 

MAZIE, PA Fix (Lat. 40°19′19.55′′ N, long. 075°06′35.28′′ W) 

Yardley, PA (ARD) VOR/DME (Lat. 40°15′12.03′′ N, long. 074°54′27.41′′ W) 

Robbinsville, NJ (RBV) VORTAC (Lat. 40°12′08.65′′ N, long. 074°29′42.09′′ W) 

PREPI, OA Fix (Lat. 39°48′41.06′′ N, long. 073°15′40.70′′ W) 

* * * * * 


lotter on DSK11XQN23PROD with PROPOSALS1
Federal Register / Vol. 87, No. 90 / Tuesday, May 10, 2022 / Proposed Rules 27959 

Issued in Washington, DC, on May 3, 2022. 

Scott M. Rosenbloom, 

Manager, Airspace Rules and Regulations. 

[FR Doc. 2022–09922 Filed 5–9–22; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2022–0284] 

RIN 1625–AA00 

Safety Zone; Ohio River, Miles 90.3 to 

91.8 Wheeling, WV 

AGENCY: Coast Guard, Homeland 

Security (DHS). 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard is proposing 

to establish a temporary safety zone for 

all navigable waters of the Ohio River 

from Mile 90.3 to Mile 91.8 from 6 p.m. 

to 8 p.m. The safety zone is needed to 

protect personnel, vessels, and the 

marine environment from potential 

hazards created by a floating lantern 

festival. Entry of vessels or persons into 

this zone is prohibited unless 

specifically authorized by Captain of the 

Port Marine Safety Unit Pittsburgh. We 

invite your comments on this proposed 

rulemaking. 

DATES: Comments and related material 

must be received by the Coast Guard on 

or before June 9, 2022. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2022–0284 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 rulemaking, 

call or email MSTC Kevin Schneider, 

Marine Safety Unit Pittsburgh, U.S. 

Coast Guard, at telephone 412–221– 

0807, email Kevin.L.Schneider@

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, Purpose, and Legal 

Basis 

On March 30, 2022, the Alzheimer’s 

Association West Viginia Chapter 

notified the Coast Guard that it will be 

releasing biodegradable water lanterns 

onto the Ohio Rivert at Heritage Port 1 

Water Street Wheeling, WV, 26003 from 

6 p.m. to 8 p.m. on August 22, 2022. 

Participants can purchase the water 

lanterns in honor of someone they know 

who is currently battling Alzheimer’s or 

some form of dementia, write the 

person’s name, a message, or whatever 

they’d like on the lantern, and place the 

lantern on the river in that person’s 

honor. 

The purpose of this rulemaking is to 

ensure the protection of personnel, 

vessels, and the marine environment in 

the navigable waters within the safety 

zone while the floating. 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 Captain of the Port Marine Safety 

Unit Pittsburgh (COTP) is proposing to 

establish a safety zone from 6 p.m. to 8 

p.m. on August 22, 2022. The safety 

zone would cover all navigable waters 

on the Ohio River from Mile 90.3 to 

Mile 91.8. The duration of the safety 

zone is intended to protect personnel, 

vessels, and the marine environment 

from potential hazards created by a 

floating lantern festival. 

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 size, location, and duration 

of the temporary safety zone. This safety 

zone impacts only a one-and-a-half-mile 

stretch of the Ohio River for a short 

amount of time of two hours on one 

evening. Vessel traffic will be informed 

about the safety zone through local 

notices to mariners. Moreover, the Coast 

Guard will issue Local Notice to 

Mariners, Marine Safety Information 

Bulletins, and Broadcast Notice to 

Mariners via VHF–FM marine channel 

16 about the zone and the rule allows 

vessels to seek permission from the 

COTP to transit the zone. 

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 

temporary safety zone may be small 

entities, for the reasons stated in section 

IV.A above, this rule will 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 proposed rule would have 

a significant economic impact on it, 

please submit a comment (see 

ADDRESSES) explaining why you think it 

qualifies and how and to what degree 

this rule would economically affect it. 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

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

we want to assist small entities in 

understanding this proposed rule. If the 

proposed rule would affect your small 

business, organization, or governmental 

jurisdiction and you have questions 

concerning its provisions or options for 

compliance, please call or email the 

person listed in the FOR FURTHER

INFORMATION CONTACT section. The Coast 

Guard will not retaliate against small 

entities that question or complain about 

this proposed rule or any policy or 

action of the Coast Guard. 

C. Collection of Information 

This proposed rule would not call for 

a new collection of information under 

the Paperwork Reduction Act of 1995 

(44 U.S.C. 3501–3520). 


lotter on DSK11XQN23PROD with PROPOSALS1