29244 Federal Register / Vol. 87, No. 93 / Friday, May 13, 2022 / Proposed Rules 

therefore, (1) is not a ‘‘significant 

regulatory action’’ under Executive 

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

rule’’ under 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. 

Environmental Review 

This proposal would 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. 

Lists 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 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 Federal Aviation 

Administration Order JO 7400.11F, 

Airspace Designations and Reporting 

Points, dated August 10, 2021, and 

effective September 15, 2021, is 

amended as follows: 

Paragraph 6005 Class E Airspace Areas 

Extending Upward From 700 Feet or More 

Above the Surface of the Earth. 

* * * * * 

AEA PA E5 Milford, PA [Removed] 

Issued in College Park, Georgia, on May 9, 

2022. 

Andreese C. Davis, 

Manager, Airspace & Procedures Team South, 

Eastern Service Center, Air Traffic 

Organization. 

[FR Doc. 2022–10310 Filed 5–12–22; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2022–0352] 

RIN 1625–AA00 

Safety Zone; Red Bull Flugtag, 

Milwaukee, WI 

AGENCY: Coast Guard, Homeland 

Security (DHS). 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard is proposing 

to establish a temporary safety zone for 

certain waters of Lake Michigan in the 

vicinity of Veterans Park in Milwaukee, 

WI. This action is necessary to provide 

for the safety of life on these navigable 

waters during the Red Bull Flugtag 

event on July 16, 2022. This proposed 

rulemaking would restrict usage by 

persons and vessels within the safety 

zone. At no time during the effective 

period may non-event persons or vessels 

transit the waters of Milwaukee Harbor 

within 800 feet of the southern 

shoreline of Veterans Park. These 

restrictions would apply to all persons 

and vessels during the effective period 

unless authorized by the Captain of the 

Port Lake Michigan 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 June 13, 2022. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2022–0325 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 Chief Petty 

Officer Jeromy Sherrill, Sector Lake 

Michigan Waterways Management 

Division, U.S. Coast Guard; telephone 

414–747–7148, email 

Jeromy.N.Sherrill@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 12, 2022, the organizer of 

the Red Bull Flugtag Milwaukee notified 

the Coast Guard that it will be 

organizing an event in the Milwaukee 

Harbor on July 16, 2022 from 11 a.m. 

through 4 p.m. The marine event will 

take place in the waters of Milwaukee 

Harbor adjacent to the south shore of 

Veterans Park in Milwaukee, WI. The 

Captain of the Port Sector Lake 

Michigan (COTP) has determined that 

potential hazards associated with the 

Red Bull Flugtag Milwaukee event 

would be a safety concern for anyone 

within the safety zone that is not 

participating in the event. 

The purpose of this rulemaking is to 

ensure the safety of persons, vessels and 

the navigable waters of Milwaukee 

Harbor within 800 feet of the southern 

shoreline of Veterans Park during the 

event. 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 9 a.m. through 6 p.m. 

on July 16, 2022. The safety zone would 

cover all navigable waters of Milwaukee 

Harbor within 800 feet of the southern 

shoreline of Veterans Park. The duration 

of the zone is intended to ensure the 

safety of life and vessels on these 

navigable waters before, during, and 

after the event. No vessels 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 characteristics of the 


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Federal Register / Vol. 87, No. 93 / Friday, May 13, 2022 / Proposed Rules 29245 

safety zone. The safety zone created by 

this proposed rule will relatively small 

and is designed to minimize its impact 

on navigable waters. This proposed rule 

will prohibit entry into certain 

navigable waters of Milwaukee Harbor, 

WI, and it is not anticipated to exceed 

9 hours in duration. Thus, restrictions 

on vessel movement within that 

particular area are expected to be 

minimal. Moreover, under certain 

conditions vessels may still transit 

through the safety zone when permitted 

by the COTP Lake Michigan. 

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 rulemaking 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 rulemaking 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 

rulemaking 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 rulemaking 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 a safety zone lasting 7 

hours that would prohibit entry within 

a relatively small portion of Milwaukee 

Harbor. Normally such actions are 

categorically excluded from further 

review under paragraph L60(a) 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. 

We encourage you to submit 

comments through the Federal 

eRulemaking Portal at https://

www.regulations.gov. If your material 

cannot be submitted using https://

www.regulations.gov, call or email the 

person in the FOR FURTHER INFORMATION

CONTACT section of this document for 

alternate instructions. 

We accept anonymous comments. All 

comments received will be posted 

without change to https://

www.regulations.gov and will include 

any personal information you have 

provided. For more about privacy and 

submissions in response to this 

document, see DHS’s eRulemaking 

System of Records notice (85 FR 14226, 

March 11, 2020). 

Documents mentioned in this NPRM 

as being available in the docket, and all 

public comments, will be in our online 

docket at https://www.regulations.gov 

and can be viewed by following that 

website’s instructions. Additionally, if 

you go to the online docket and sign up 

for email alerts, you will be notified 


lotter on DSK11XQN23PROD with PROPOSALS1
29246 Federal Register / Vol. 87, No. 93 / Friday, May 13, 2022 / Proposed Rules 

when comments are posted or a final 

rule is published. 

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 amends 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.T09–0352 to read as 

follows: 

§ 165.T09–0352 Safety Zone; Red Bull 

Flugtag, Milwaukee, WI. 

(a) Location. All navigable waters of 

Milwaukee Harbor within 800 feet of the 

southern shore of Veterans Park in 

Milwaukee, WI. 

(b) Enforcement period. The safety 

zone described in paragraph (a) of this 

section would be effective on July 16, 

2022 from 9 a.m. through 6 p.m. 

(c) Regulations. (1) In accordance with 

the general regulations in § 165.23, entry 

into, transiting, or anchoring within the 

safety zone in paragraph (a) of this 

section is prohibited unless authorized 

by the Captain of the Port Lake 

Michigan (COTP) or a designated 

representative. 

(2) This safety zone is closed to all 

vessel traffic, except as may be 

permitted by the COTP or a designated 

representative. 

(3) The ‘‘designated representative’’ of 

the COTP is any Coast Guard 

commissioned, warrant, or petty officer 

who has been designated by the COTP 

to act on his or her behalf. 

(4) Persons and vessel operators 

desiring to enter or operate within the 

safety zone in paragraph (a) of this 

section during the marine event must 

contact the COTP or an on-scene 

representative to obtain permission to 

do so. The COTP or an on-scene 

representative may be contacted via 

VHF Channel 16. Vessel operators given 

permission to enter or operate in the 

safety zone must comply with all 

directions given to them by the COTP or 

an on-scene representative. 

Dated: May 2, 2022. 

D.P. Montoro, 

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

Port Lake Michigan. 

[FR Doc. 2022–10173 Filed 5–12–22; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2022–0307] 

RIN 1625–AA00 

Safety Zone; Lake Erie, Cleveland, OH 

AGENCY: Coast Guard, Homeland 

Security (DHS). 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard is proposing 

to establish a temporary safety zone for 

certain waters of Lake Erie. This action 

is necessary to provide for the safety of 

life on these navigable waters near 

Cleveland, OH, during the Tri CLE Rock 

and Roll Run, held on August 20, 2022. 

This proposed rulemaking would 

prohibit persons and vessels from being 

in the safety zone unless authorized by 

the Captain of the Port Buffalo 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 June 13, 2022. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2022–0307 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 LT Jared 

Stevens, Waterways Management 

Division, MSU Cleveland, U.S. Coast 

Guard; telephone 216–937–0124, email 

Jared.M.Stevens@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 January 5, 2022, the Phastar 

Corporation notified the Coast Guard 

that it will be holding a triathlon on 

August 20, 2022. The triathlon is to take 

place in the North Coast Harbor into the 

East Basin Channel Cleveland, OH. The 

Captain of the Port Buffalo (COTP) has 

determined that a safety zone that will 

cover all navigable waters and 

tributaries of Lake Erie within the North 

Coast Harbor into the East Basin 

Channel in Cleveland, OH, is needed to 

protect participants during the 

swimming portion of the triathlon. 

The purpose of this rulemaking is to 

ensure the safety of participants and the 

navigable waters within the course of 

the swimming portion of the triathlon 

before, during, and after the scheduled 

marine event. 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 7 a.m. to 10 a.m. on 

August 20, 2022. The safety zone would 

cover all navigable waters and 

tributaries of Lake Erie within the North 

Coast Harbor and immediately adjacent 

waters in Cleveland, OH. The 

boundaries of the safety zone are 

centered on 41°30′17.99′′ N Longitude 

81°41′28.19′′ W Latitude. The duration 

of the zone is intended to ensure the 

safety of participants in these navigable 

waters before, during, and after the 

swim portion of the Tri CLE Rock Roll 

Run triathalon. 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 


lotter on DSK11XQN23PROD with PROPOSALS1