37742 Federal Register / Vol. 87, No. 121 / Friday, June 24, 2022 / Rules and Regulations 

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. 0170.1. 2. 

■ 2. Add § 165.T09–0413 to read as 

follows: 

§ 165.T09–0413 Safety Zone; Henderson 

Harbor, Henderson Harbor, NY. 

(a) Location. The following area is a 

safety zone: All waters of Henderson 

Harbor, from surface to bottom, 

encompassing a 150-yard radius of 

position 43°51′05.6′′ N 076°12′17.8′′ W. 

(b) Regulations. (1) Under the general 

safety zone regulations in Subpart C of 

this part, you may not enter the safety 

zone described in paragraph (a) of this 

section unless authorized by the Captain 

of the Port Buffalo (COTP) or the 

COTP’s designated representative. 

(2) 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 behalf. 

(3) To seek permission to enter, 

contact the COTP or the COTP’s 

representative by telephone, 716–843– 

9391. Those in the safety zone must 

comply with all lawful orders or 

directions given to them by the COTP or 

the COTP’s designated representative. 

(c) Enforcement Period. This section 

will be enforced from 8 a.m. through 

11:30 a.m. on July 9, 2022. 

Dated: June 16, 2022. 

M.I. Kuperman, 

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

Port Buffalo. 

[FR Doc. 2022–13423 Filed 6–23–22; 8:45 am] 

BILLING CODE 9110–04–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, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing 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 rulemaking 

will 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 apply 

to all perons and vessels during the 

effective period unless authorized by 

the Captain of the Port Lake Michigan 

or a designated representative. 

DATES: This rule is effective from 9 a.m. 

through 6 p.m. on July 16, 2022. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2022– 

0325 in the search box and click 

‘‘Search.’’ Next, in the Document Type 

column, select ‘‘Supporting & Related 

Material.’’ 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, 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 Information and 

Regulatory History 

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 11:00 a.m. 

through 4:00 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. In 

response, on May 12, 2022, the Coast 

Guard published a notice of proposed 

rulemaking (NPRM) titled Safety Zone; 

Red Bull Flugtag, Milwaukee, WI (87 FR 

29244). There we stated why we issued 

the NPRM, and invited comments on 

our proposed regulatory action related 

to this fireworks display. During the 

comment period that ended June 13, 

2022, we received 00 comments. 

Under 5 U.S.C. 553(d)(3), the Coast 

Guard finds that good cause exists for 

making this rule effective less than 30 

days after publication in the Federal 

Register. Delaying the effective date of 

this rule would be impracticable 

because immediate action is needed to 

respond to the potential safety hazards 

associated with the event. 

III. Legal Authority and Need for Rule 

The Coast Guard is issuing this rule 

under authority in 46 U.S.C. 70034 

(previously 33 U.S.C. 1231). 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 rule is to ensure safety of vessels 

and the navigable waters in the safety 

zone before, during, and after the 

scheduled event. 

IV. Discussion of Comments, Changes, 

and the Rule 

As noted above, we received no 

comments on our NPRM published May 

12, 2022. There are no changes in the 

regulatory text of this rule from the 

proposed rule in the NPRM. 

This rule establishes a safety zone 

from 9:00 a.m. to 6:00 p.m. on July 16, 

2022. The safety zone will 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 will 

be permitted to enter the safety zone 

without obtaining permission from the 

COTP or a designated representative. 

V. Regulatory Analyses 

We developed this 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 rule has not been designated a 

‘‘significant regulatory action,’’ under 

Executive Order 12866. Accordingly, 

this rule has not been reviewed by the 

Office of Management and Budget 

(OMB). 

This regulatory action determination 

is based on the characteristics of the 

safety zone. The safety zone created by 

this rule is relatively small and is 

designed to minimize its impact on 


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Federal Register / Vol. 87, No. 121 / Friday, June 24, 2022 / Rules and Regulations 37743 

navigable waters. This 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 received 00 comments 

from the Small Business Administration 

on this rulemaking. The Coast Guard 

certifies under 5 U.S.C. 605(b) that this 

rule will 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 rule will not have a significant 

economic impact on any vessel owner 

or operator. 

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 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. 

Small businesses may send comments 

on the actions of Federal employees 

who enforce, or otherwise determine 

compliance with, Federal regulations to 

the Small Business and Agriculture 

Regulatory Enforcement Ombudsman 

and the Regional Small Business 

Regulatory Fairness Boards. The 

Ombudsman evaluates these actions 

annually and rates each agency’s 

responsiveness to small business. If you 

wish to comment on actions by 

employees of the Coast Guard, call 1– 

888–REG–FAIR (1–888–734–3247). The 

Coast Guard will not retaliate against 

small entities that question or complain 

about this rule or any policy or action 

of the Coast Guard. 

C. Collection of Information 

This rule will 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 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 rule does not have tribal 

implications under Executive Order 

13175, Consultation and Coordination 

with Indian Tribal Governments, 

because it does 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. 

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 rule 

will not result in such an expenditure, 

we do discuss the effects of this rule 

elsewhere in this preamble. 

F. Environment 

We have analyzed this 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 

determined 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 rule involves a safety 

zone lasting 9 hours that would prohibit 

entry within a relatively small portion 

of Milwaukee Harbor. It is 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 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. 

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. 

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) would 

be effective on July 16, 2022 from 9:00 

a.m. through 6:00 p.m. 

(c) Regulations. (1) In accordance with 

the general regulations in section 

§ 165.23, entry into, transiting, or 

anchoring within this safety zone 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 during the marine event 

must contact the COTP or an on-scene 


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37744 Federal Register / Vol. 87, No. 121 / Friday, June 24, 2022 / Rules and Regulations 

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: June 16, 2022. 

D.P. Montoro, 

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

Port Lake Michigan. 

[FR Doc. 2022–13310 Filed 6–23–22; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2022–0523] 

Safety Zone; Seafair Air Show 

Performance, 2022, Seattle, WA 

AGENCY: Coast Guard, DHS. 

ACTION: Notification of enforcement of 

regulation. 

SUMMARY: The Coast Guard will enforce 

the annual Seafair Air Show 

Performance safety zone on Lake 

Washington, Seattle, WA, from 10 a.m. 

until 4 p.m. on August 4th and from 8 

a.m. until 5 p.m. on August 5th, 6th, 

and 7th 2022. This action is necessary 

to ensure the safety of the public from 

inherent dangers associated with these 

annual aerial displays. During the 

enforcement period, no person or vessel 

may enter or transit this safety zone 

unless authorized by the Captain of the 

Port or his designated representative. 

DATES: The regulations in 33 CFR 

165.1319 will be enforced from 10 a.m. 

until 4 p.m. on August 4th and from 8 

a.m. until 5 p.m. on August 5th, 6th, 

and 7th 2022. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions about this notice of 

enforcement, call or email Lieutenant 

Peter J. McAndrew, Sector Puget Sound 

Waterways Management Division, Coast 

Guard; telephone (206) 217–6051, email 

SectorPugetSoundWWM@uscg.mil. 

SUPPLEMENTARY INFORMATION: The Coast 

Guard will enforce the Seafair Air Show 

Performance safety zone in 33 CFR 

165.1319 from 10 a.m. until 4 p.m. on 

August 4th and from 8 a.m. until 5 p.m. 

on August 5th, 6th, and 7th 2022 unless 

canceled sooner by the Captain of the 

Port. The specific boundaries of the 

safety zone are listed in 33 CFR 

165.1319(b). 

In accordance with the general 

regulations in 33 CFR part 165, subpart 

C, no person or vessel may enter or 

remain in the zone except for support 

vessels and support personnel, vessels 

registered with the event organizer, or 

other vessels authorized by the Captain 

of the Port or designated 

representatives. Vessels and persons 

granted authorization to enter the safety 

zone must obey all lawful orders or 

directions made by the Captain of the 

Port or his designated representative. 

The Captain of the Port may be 

assisted by other federal, state and local 

law enforcement agencies in enforcing 

this regulation. 

In addition to this notice of 

enforcement in the Federal Register, the 

Coast Guard will provide the maritime 

community with advanced notification 

of the safety zone via the Local Notice 

to Mariners and marine information 

broadcasts on the day of the event. 

If the COTP determines that the safety 

zone need not be enforced for the full 

duration stated in this notice of 

enforcement, he may use a Broadcast 

Notice to Mariners to grant general 

permission to enter the regulated area. 

Dated: June 17, 2022. 

P.M. Hilbert, 

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

Port Puget Sound. 

[FR Doc. 2022–13506 Filed 6–23–22; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF VETERANS 

AFFAIRS 

38 CFR Parts 1 and 14 

RIN 2900–AQ81 

Individuals Using the Department of 

Veterans Affairs’ Information 

Technology Systems To Access 

Records Relevant to a Benefit Claim 

AGENCY: Department of Veterans Affairs. 

ACTION: Final rule. 

SUMMARY: The Department of Veterans 

Affairs (VA) issues this final rule 

amending its regulations addressing 

when VA will allow individuals and VA 

recognized service organizations who 

are assisting claimants in the 

preparation, presentation, and 

prosecution of their benefit claims 

before VA to access specific VA’s 

information technology (IT) systems to 

review VA records relevant to their 

clients’ claims. This final rule addresses 

who is permitted, and under what 

circumstances, to directly access VA 

records and other claims-related 

information through specific VA IT 

systems during representation of a 

claimant in a claim for VA benefits. This 

rule also outlines the appropriate 

behavior while using VA’s IT systems to 

access records and the consequences for 

individuals who mishandle such access. 

This rulemaking, however, does not 

address general issues involving 

management of access to VA physical 

facilities or VA’s disclosure of 

claimants’ private information through 

any means other than direct access to 

the specific VA IT systems. 

DATES: This final rule is effective July 

25, 2022. 

FOR FURTHER INFORMATION CONTACT: 

Carling K. Bennett, Management and 

Program Analyst, Office of 

Administrative Review, Department of 

Veterans Affairs, 810 Vermont Avenue 

NW, Washington, DC 20420, 202–632– 

5347(this is not a toll-free number). 

SUPPLEMENTARY INFORMATION: On 

February 19, 2020, VA published a 

proposed rule in the Federal Register at 

85 FR 9435–41, to clarify when an 

individual providing representation on 

a claim may access a claimant’s 

automated records now that VA has 

transitioned to primarily processing VA 

benefit claims electronically. VA 

provided a 60-day public comment 

period and invited interested persons to 

submit written comments on or before 

April 20, 2020. In response to the 

proposed rule, VA received 15 written 

comments. The commenters included 

VA-accredited attorneys, law firms, VArecognized veterans service 

organizations (VSOs), non-profit 

corporations, a legal clinic, a law 

student, and a trade association. In 

preparing this final rule, VA carefully 

considered all comments received in 

response to the proposed rule and 

addresses them below according to 

topic. In this final rule, VA focuses its 

discussion on changes from the 

proposed revisions based on comments 

received during the comment period 

and VA’s further consideration of the 

issues raised by the comments. By 

clarifying through this rulemaking: (1) 

who is eligible to apply for remote 

access to VA IT systems for the purpose 

of representing, or assisting in the 

representation of, claimants on their VA 

benefits claims, and (2) the basic 

parameters on the privileges that will be 

granted to the approved VA IT system 

users, VA will provide transparency to 

Veterans and beneficiaries as to who 

may receive information from VA by 

accessing specific VA IT systems 

remotely. However, this rule does not 

change the ability of VA to disclose a 

claimant’s private claim information 

through other methods to the claimant’s 


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