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
27960 Federal Register / Vol. 87, No. 90 / Tuesday, May 10, 2022 / Proposed Rules 

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 

potential effects of this proposed 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 This rulemaking involves 

a safety zone lasting two hours that will 

prohibit entry on the Ohio River from 

mile 90.3 to mile 91.8, during the 

floating lantern festival. Normally such 

actions are categorically excluded from 

further review under paragraph L60 of 

Appendix A, Table 1 of DHS Instruction 

Manual 023–01–001–01, Rev. 1. A 

preliminary Record of Environmental 

Consideration supporting this 

determination is available in the docket. 

For instructions on locating the docket, 

see the ADDRESSES section of this 

preamble. 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 

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–2022–0284 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 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, 

Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard is proposing 

to amend 33 CFR part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 1. The authority citation for part 165 

continues to read as follows: 

Authority: 46 U.S.C. 70034, 70051; 33 CFR 

1.05–1, 6.04–1, 6.04–6, and 160.5; 

Department of Homeland Security Delegation 

No. 00170.1, Revision No. 01.2. 

■ 2. Add § 165.T08–0284 to read as 

follows: 

§ 165.T08–0284 Safety Zone; Ohio River, 

Miles 90.3–91.8, Wheeling, WV. 

(a) Location. The following area is a 

temporary safety zone: All navigable 

waters of the Ohio River from Mile 90.3 

to Mile 91.8. 

(b) Definitions. As used in this 

section, designated representative 

means a Coast Guard Patrol 

Commander, including a Coast Guard 

coxswain, petty officer, or other officer 

operating a Coast Guard vessel and a 

Federal, State, and local officer 

designated by or assisting the Captain of 

the Port Pittsburgh (COTP) in the 

enforcement of the safety zone. 

(c) Regulations. (1) In accordance with 

the general regulations in § 165.23, entry 

of persons and vessels into the zone in 

paragraph (a) of this section is 

prohibited unless authorized by the 

COTP or a designated representative. 

(2) Persons or vessels requiring entry 

into or passage through the zone must 

request permission from the COTP or a 

designated representative. The COTP’s 

representative may be contacted at 412– 

670–4288. 

(d) Enforcement period. This section 

is effective from 6 p.m. through 8 p.m. 

on August 22, 2022. 


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Federal Register / Vol. 87, No. 90 / Tuesday, May 10, 2022 / Proposed Rules 27961 

1For the purposes of this action, the WTC Health 

Program defines the term ‘‘uterine cancer’’ as ICD– 

10 code C54, including the following specific 

malignant neoplasms: Isthmus uteri (C54.0), 

endometrium (C54.1), myometrium (C54.2), fundus 

uteri (C54.3), overlapping sites of corpus uteri 

(C54.8), and corpus uteri, unspecified (C54.9); and 

ICD–10 code C55, including only a single subcategory, malignant neoplasm of uterus, part 

unspecified. 

2 Due to the implementation of the Affordable 

Care Act in 2014, and as required under the 

authorizing statute for the WTC Health Program, all 

current and future Program members are assumed 

to have or have access to medical insurance 

Continued 

Dated: May 5, 2022. 

Eric J. Velez, 

Commander, U.S. Coast Guard, Captain of 

the Port Marine Safety Unit Pittsburgh. 

[FR Doc. 2022–10024 Filed 5–9–22; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

42 CFR Part 88 

[Docket No. CDC–2022–0052; NIOSH–347] 

RIN 0920–AA82 

World Trade Center (WTC) Health 

Program; Addition of Uterine Cancer to 

the List of WTC-Related Health 

Conditions 

AGENCY: Centers for Disease Control and 

Prevention (CDC), Department of Health 

and Human Services (HHS). 

ACTION: Notice of proposed rulemaking. 

SUMMARY: Title I of the James Zadroga 9/ 

11 Health and Compensation Act of 

2010 amended the Public Health Service 

Act (PHS Act) to establish the World 

Trade Center (WTC) Health Program. 

The WTC Health Program (Program), 

which is administered by the Director of 

the National Institute for Occupational 

Safety and Health (NIOSH), within CDC, 

provides medical monitoring and 

treatment to eligible responders to the 

September 11, 2001, terrorist attacks in 

New York City, at the Pentagon, and in 

Shanksville, Pennsylvania, and to 

eligible survivors of the New York City 

attacks. In accordance with the WTC 

Health Program’s regulations, which 

establish procedures for adding a new 

condition to the list of health conditions 

covered by the Program, this proposed 

rule would add malignant neoplasms of 

corpus uteri and uterus, part 

unspecified (uterine cancer) to the List 

of WTC-Related Health Conditions 

(List). 

DATES: Comments must be received by 

June 24, 2022. 

ADDRESSES: You may submit comments 

identified by Docket No. CDC–2022– 

0052 and NIOSH–347 by either of the 

following methods: 

• Federal eRulemaking Portal: 

https://www.regulations.gov. Follow the 

instructions for submitting comments. 

• Mail: NIOSH Docket Office, Robert 

A. Taft Laboratories, MS C–34, 1090 

Tusculum Avenue, Cincinnati, Ohio 

45226–1998. 

Instructions: All written submissions 

received in response to this document 

must include the agency name and 

docket number (CDC–2022–0052; 

NIOSH–347) for this action. All relevant 

comments, including any personal 

information provided, will be posted 

without change to https://

www.regulations.gov. Do not submit 

comments by email. CDC does not 

accept comments by email. 

FOR FURTHER INFORMATION CONTACT: 

Rachel Weiss, Program Analyst, 

National Institute for Occupational 

Safety and Health, 1090 Tusculum 

Avenue, MS: C–46, Cincinnati, OH 

45226; telephone (855) 818–1629 (this is 

a toll-free number); email NIOSHregs@

cdc.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Executive Summary 

A. Purpose of Regulatory Action 

B. Summary of Major Provisions 

C. Costs and Benefits 

II. Public Participation 

III. Background 

A. WTC Health Program Statutory 

Authority 

B. Methods Used by the Administrator To 

Determine Whether To Add Cancers to 

the List of WTC-Related Health 

Conditions 

C. History and Scope of Rulemaking 

D. Review of Evidence Supporting the 

Proposed Addition of Uterine Cancer to 

the List of WTC-Related Health 

Conditions 

E. Administrator’s Decision Regarding 

Uterine Cancer 

IV. Summary of Proposed Rule 

V. Required Regulatory Analyses 

A. Executive Orders 12866 and 13563 

B. Regulatory Flexibility Act 

C. Paperwork Reduction Act 

D. Small Business Regulatory Enforcement 

Fairness Act 

E. Unfunded Mandates Reform Act of 1995 

F. Executive Order 12988 (Civil Justice) 

G. Executive Order 13132 (Federalism) 

H. Executive Order 13045 (Protection of 

Children From Environmental Health 

Risks and Safety Risks) 

I. Executive Order 13211 (Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use) 

J. Plain Writing Act of 2010 

I. Executive Summary 

A. Purpose of Regulatory Action 

With this rulemaking, the 

Administrator of the WTC Health 

Program (Administrator) and the 

Secretary of HHS propose the addition 

of uterine cancer 1 to the List. The 

Administrator received requests from 

WTC responders and survivors as well 

as a September 2020 letter from five of 

the WTC Health Program Clinical 

Centers of Excellence (CCEs) asking the 

Administrator to add ‘‘uterine cancer’’ 

to the List. The Administrator 

subsequently directed the WTC Health 

Program’s Science Team to review the 

available scientific evidence for adding 

uterine cancer to the List under existing 

Program policy and procedures. A white 

paper issued by the Program’s Science 

Team in September 2021 (White Paper) 

found that the available scientific 

evidence provided sufficient support to 

add uterine cancer to the List but only 

for Program members who have a 

certified WTC-related estrogen-secreting 

tumor. The Administrator asked the 

WTC Health Program Scientific/ 

Technical Advisory Committee (STAC) 

for a recommendation on whether a 

reasonable basis exists for adding 

uterine cancer to the List. Between 

September and November 2021, the 

STAC reviewed the White Paper and 

other available scientific information, 

considered public comment, and 

deliberated on whether there is a 

reasonable basis to recommend the 

addition of uterine cancer to the List. 

Ultimately, the STAC recommended 

that uterine cancer be added to the List 

and provided the Administrator its 

recommendation and rationale. Upon 

review, the Administrator decided that 

the STAC provided a reasonable basis 

for its recommendation to add uterine 

cancer to the List. Based on the STAC’s 

recommendation and the scientific 

literature, including the White Paper, 

the Administrator has determined that 

the available information provides a 

sufficient evidentiary basis to propose 

the addition of uterine cancer to the 

List. 

B. Summary of Major Provisions 

This rule proposes the addition of 

malignant neoplasms of corpus uteri 

and uterus, part unspecified (uterine 

cancer) to the List of WTC-Related 

Health Conditions in 42 CFR 88.15(d). 

C. Costs and Benefits 

The addition of uterine cancer to the 

List through this rulemaking is 

estimated to cost the WTC Health 

Program from $1,718,691 to $2,199,808 

annually, between 2022 and 2025. All of 

the costs to the WTC Health Program are 

transfers.2 Benefits to current and future 


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