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 


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Federal Register / Vol. 87, No. 93 / Friday, May 13, 2022 / Proposed Rules 29247 

Office of Management and Budget 

(OMB). 

This regulatory action determination 

is based on size, location, and duration 

of the proposed rule. This safety zone 

would restrict navigation through the 

swimming area for three hours on one 

day. 

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 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 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 

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). 

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 the establishment of a 

safety zone lasting 3 hours that would 

prohibit entry in, out or through North 

Coast Harbor on August 20, 2022. 

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. 

Submitting comments. We encourage 

you to submit comments through the 

Federal eRulemaking Portal at https://

www.regulations.gov. To do so, go to 

https://www.regulations.gov, type 

USCG–2022–0307 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 


lotter on DSK11XQN23PROD with PROPOSALS1
29248 Federal Register / Vol. 87, No. 93 / Friday, May 13, 2022 / Proposed Rules 

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—SAFETY OF LIFE ON 

NAVIGABLE WATERS 

■ 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.T09–0307 to read as 

follows: 

§ 165.T09–0307 Safety Zone; North Coast 

Harbor, Lake Erie, Cleveland, OH. 

(a) Location. All navigable waters of 

North Coast Harbor into the East Basin 

Channel. 

(b) Enforcement period. This section 

will be enforced from 7 a.m. through 10 

a.m. on August 20, 2022. 

(c) Definitions. ‘‘Official Patrol 

Vessel’’ 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 Sector Buffalo (COTP) in the 

enforcement of the regulations in this 

section. ‘‘Participant’’ means all persons 

and vessels attending the event. 

(d) Regulations. (1) The Coast Guard 

may patrol the event area under the 

direction of a designated Coast Guard 

Patrol Commander. The Patrol 

Commander may be contacted on 

Channel 16 VHF–FM (156.8 MHz) by 

the call sign ‘‘PATCOM.’’ 

(2) All persons and vessels not 

registered with the sponsor as 

participants or official patrol vessels are 

considered spectators. The ‘‘official 

patrol vessels’’ consist of any Coast 

Guard, state or local law enforcement 

and sponsor provided vessels 

designated or assigned by the Captain of 

the Port Sector Buffalo, to patrol the 

event. 

(3) Spectator vessels desiring to 

transit the regulated area may do so only 

with prior approval of the Patrol 

Commander and when so directed by 

that officer and will be operated at a no 

wake speed in a manner which will not 

endanger participants in the event or 

any other craft. 

(4) No spectator shall anchor, block, 

loiter, or impede the through transit of 

official patrol vessels in the area 

specified in paragraph (a) of this section 

during the effective dates and times 

specified in paragraph (b) of this 

section, unless cleared for entry by or 

through an official patrol vessel. 

(5) The Patrol Commander may forbid 

and control the movement of all vessels 

in the regulated area specified in 

paragraph (a) of this section. When 

hailed or signaled by an official patrol 

vessel, a vessel shall come to an 

immediate stop and comply with the 

directions given. Failure to do so may 

result in expulsion from the area, 

citation for failure to comply, or both. 

(6) Any spectator vessel may anchor 

outside the regulated areas specified in 

this section, but may not anchor in, 

block, or loiter in a navigable channel. 

(7) The Patrol Commander may 

terminate the event or the operation of 

any vessel at any time it is deemed 

necessary for the protection of life or 

property. 

(8) The Patrol Commander will 

terminate enforcement of the special 

regulations at the conclusion of the 

event. 

Dated: May 2, 2022. 

L.M. Littlejohn, 

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

Port Buffalo. 

[FR Doc. 2022–10172 Filed 5–12–22; 8:45 am] 

BILLING CODE 9110–04–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Parts 15, 20, 22, 24, 25, 27, 30, 

73, 74, 76, 78, 80, 87, 90, 95, 96, and 

101 

[ET Docket No. 22–137; FCC 22–29 FRS 

85531] 

Promoting Efficient Use of Spectrum 

Through Improved Receiver 

Interference Immunity Performance 

AGENCY: Federal Communications 

Commission. 

ACTION: Proposed rule. 

SUMMARY: This document invites 

comments from all stakeholders in 

connection with the development of an 

up-to-date record on the role of 

receivers in spectrum management and 

how the Federal Communications 

Commission (Commission or FCC) 

might best promote improvements in 

receiver interference immunity 

performance that would serve the public 

interest. The Commission seeks to build 

upon the progress, including 

technological advances, in recent years 

that has enabled better receiver 

interference immunity performance, and 

the Commission seeks comment on 

where those efforts and advances have 

been most successful. The Commission 

also seeks to learn lessons from recent 

Commission proceedings in which 

receiver performance concerns have 

been prominent, to better inform the 

Commission as it considers how to 

ensure valuable and innovative services 

are able to thrive across the frequency 

range. 

DATES: Comments are due on or before 

June 27, 2022, and reply comments are 

due on or before July 27, 2022. 

FOR FURTHER INFORMATION CONTACT: Paul 

Murray of the Office of Engineering and 

Technology, at paul.murray@fcc.gov or 

(202) 418–0688, or Michael Ha of the 

Office of Engineering and Technology, 

at michael.ha@fcc.gov or (202) 418– 

2099. 

SUPPLEMENTARY INFORMATION: This is a 

summary of a document in, ET Docket 

No. 22–137, FCC 22–29, released April 

21, 2022 (Notice of Inquiry). The full 

text of the document is available for 

inspection and copying during normal 

business hours in the FCC Reference 

Center (Room CY–A257), 45 L Street 

NE, Washington, DC 20554. The full text 

may also be downloaded at: https://

www.fcc.gov/document/fcc-launchesproceeding-promoting-receiverperformance-0. People with Disabilities: 

To request materials in accessible 

formats for people with disabilities 

(braille, large print, electronic files, 

audio format), send an email to fcc504@

fcc.gov or call the Consumer & 

Governmental Affairs Bureau at (202) 

418–0530 (voice), (202) 418–0432 (tty). 

Synopsis 

In this document, the Commission 

takes a fresh look at the role of receiver 

performance in its spectrum 

management responsibilities, with the 

goal of facilitating new opportunities for 

use of its nation’s spectrum resources. 

Forward-facing spectrum management 

necessitates that the Commission 

continuously promote more efficient 

spectrum use to enable the introduction 

of valuable new wireless services that 

benefit the American people. As 

spectrum use across the radio 

frequencies (RF) becomes more 

intensive, and services are packed more 

closely together, Commission spectrum 

management policies must consider 

potential efficiencies across all aspects 


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