1354 Federal Register / Vol. 87, No. 7 / Tuesday, January 11, 2022 / Rules and Regulations 

the DAO, the approval must include the 

DAO-authorized signature. 

(i) Related Information 

(1) Refer to Mandatory Continuing 

Airworthiness Information (MCAI) TCCA AD 

CF–2020–52, dated November 30, 2020, for 

related information. This MCAI may be 

found in the AD docket on the internet at 

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

and locating Docket No. FAA–2021–0658. 

(2) For more information about this AD, 

contact Elizabeth Dowling, Aerospace 

Engineer, Mechanical Systems and 

Administrative Services Section, FAA, New 

York ACO Branch, 1600 Stewart Avenue, 

Suite 410, Westbury, NY 11590; telephone 

516–228–7300; fax 516–794–5531; email 9- 

avs-nyaco-cos@faa.gov. 

(j) Material Incorporated by Reference 

(1) The Director of the Federal Register 

approved the incorporation by reference 

(IBR) of the service information listed in this 

paragraph under 5 U.S.C. 552(a) and 1 CFR 

part 51. 

(2) You must use this service information 

as applicable to do the actions required by 

this AD, unless this AD specifies otherwise. 

(i) Bombardier Service Bulletin 100–32–36, 

dated June 25, 2020. 

(ii) Bombardier Service Bulletin 350–32– 

012, dated June 25, 2020. 

(3) For service information identified in 

this AD, contact Bombardier, Inc., 200 CoˆteVertu Road West, Dorval, Que ́bec H4S 2A3, 

Canada; North America toll-free telephone 1– 

866–538–1247 or direct-dial telephone 1– 

514–855–2999; email ac.yul@

aero.bombardier.com; internet https://

www.bombardier.com. 

(4) You may view this service information 

at the FAA, Airworthiness Products Section, 

Operational Safety Branch, 2200 South 216th 

St., Des Moines, WA. For information on the 

availability of this material at the FAA, call 

206–231–3195. 

(5) You may view this service information 

that is incorporated by reference at the 

National Archives and Records 

Administration (NARA). For information on 

the availability of this material at NARA, 

email fr.inspection@nara.gov, or go to: 

https://www.archives.gov/federal-register/cfr/ 

ibr-locations.html. 

Issued on December 2, 2021. 

Lance T. Gant, 

Director, Compliance & Airworthiness 

Division, Aircraft Certification Service. 

[FR Doc. 2021–28597 Filed 1–10–22; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2020–0531] 

RIN 1625–AA11 

Regulated Navigation Area; NW 

Natural PGM Site, Willamette River, 

Portland OR 

AGENCY: Coast Guard, DHS. 

ACTION: Final rule. 

SUMMARY: The Coast Guard is 

establishing a regulated navigation area 

(RNA) at the NW Natural PGM Site on 

the Willamette River in Portland, OR. 

This action is necessary to preserve the 

integrity of an engineered sediment cap 

as part of an Oregon Department of 

Environmental Quality (DEQ) required 

remedial action. This regulation 

prohibits persons and vessels from 

activities in the RNA that could disturb 

or damage the engineered sediment cap 

unless authorized by the Captain of the 

Port Sector Columbia River or a 

designated representative. 

DATES: This rule is effective February 

10, 2022. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2020– 

0531 in the ‘‘SEARCH’’ box and click 

‘‘SEARCH.’’ Click on Open Docket 

Folder on the line associated with this 

rule. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call or 

email LCDR Sean Morrison, Waterways 

Management Division, Marine Safety 

Unit Portland, Coast Guard; telephone 

503–240–9319, email D13-SMBMSUPortlandWWM@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

COTP Captain of the Port 

DHS Department of Homeland Security 

FR Federal Register 

NPRM Notice of proposed rulemaking 

PGM Portland Gas Manufacturing 

RNA Regulated Navigation Area 

§ Section 

U.S.C. United States Code 

II. Background Information and 

Regulatory History 

On October 19, 2020, the Coast Guard 

published a notice of proposed 

rulemaking (NPRM) titled ‘‘Regulated 

Navigation Area; NW Natural PGM Site, 

Willamette River, Portland, OR’’ (85 FR 

66292). There we stated why we issued 

the NPRM, and invited comments on 

our proposed regulatory action related 

to this regulated navigation area (RNA). 

During the comment period that ended 

November 18, 2020, we received 1 

comment. 

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 Coast 

Guard is establishing a RNA to protect 

the engineered sediment cap located at 

the NW Natural PGM Site on the 

Willamette River in Portland, OR. This 

sediment cap is part of an Oregon 

Department of Environmental Quality 

(DEQ) required remedial action. The 

engineered sediment cap is designed to 

be compatible with normal vessel 

operations, but could be damaged by 

other maritime activities including 

anchoring, dragging, dredging, 

grounding of vessels, deployment of 

barge spuds, etc. Such damage could 

disrupt the function or impact the 

effectiveness of the cap to contain the 

underlying contaminated sediment and 

soil in these areas. 

The purpose of this rulemaking is to 

prevent disruption of the sediment cap 

which may result in hazardous 

conditions and harm to the marine 

environment. As such, this RNA is 

necessary to help ensure the sediment 

cap is protected and will do so by 

prohibiting maritime activities that 

could disturb or damage it. 

IV. Discussion of Comments, Changes, 

and the Rule 

As noted above, we received 1 

comment on our NPRM published 

October 19, 2020. The commenter 

expressed support in establishing this 

RNA to protect the cap on sediment in 

the Willamette River, noting that if the 

sediment were to increase in the 

Willimette River there is potential for 

flooding and other negative effects on 

users of the waterway. Accordingly, 

there are no changes in the regulatory 

text of this rule from the proposed rule 

in the NPRM. 

This rule establishes a RNA adjacent 

to the NW Natural PGM Site on the 

Willamette River in Portland, OR 

encompassing all waters above the 

sediment cap. The RNA prohibits 

activities which could disrupt or 

damage the sendiment cap on the river 

bed such as anchoring, dragging, 

dredging, trawling, or other related 

activities. The rule also specifies that 

operators who wish to engage in 

dredging, spudding, and vessel 

anchoring within the RNA must consult 

with Oregon DEQ and obtain prior 


khammond on DSKJM1Z7X2PROD with RULES
Federal Register / Vol. 87, No. 7 / Tuesday, January 11, 2022 / Rules and Regulations 1355 

approval from the COTP to prevent 

exposure of buried contamination and/ 

or damage to the engineered sediment 

cap. 

Additionally, this rule allows vessels 

or persons engaged in activities 

associated with remediation efforts in 

the NW Natural PGM Site to engage in 

dredging and related activities, provided 

that the COTP is given advance notice 

of those activities by Oregon DEQ. 

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. 

Executive Order 13771 directs agencies 

to control regulatory costs through a 

budgeting process. 

This regulatory action determination 

is based on the fact that the RNA is 

limited in size and will not limit vessels 

from transiting or using the waters 

covered, except for specified activities 

that may damage the engineered 

sediment cap. Additionally, operators 

who wish to engage in dredging, 

spudding, and vessel anchoring within 

the RNA must consult with Oregon DEQ 

and obtain prior approval from the 

COTP to prevent exposure of buried 

contamination and/or damage to the 

remedial cap. 

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 no 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 RNA 

may be small entities, for the reasons 

stated in section V.B 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 the 

creation of a RNA that prohibits certain 

maritime activities to protect an 

engineered sediment cap. 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. 


khammond on DSKJM1Z7X2PROD with RULES
1356 Federal Register / Vol. 87, No. 7 / Tuesday, January 11, 2022 / Rules and Regulations 

1The Mecklenburg County, North Carolina 

revision that is dated April 24, 2020, and received 

by EPA on June 19, 2020, is comprised of three 

previous submittals—one dated January 21, 2016; 

one dated October 25, 2017; and one dated January 

14, 2019. 

2The April 24, 2020, submittal was received by 

EPA on June 19, 2020. 

3The April 24, 2020, submittal contains changes 

to other Mecklenburg LIP-approved rules that are 

not addressed in this notice. EPA will be acting on 

those rules in separate actions. 

■ 2. Add § 165.1343 to read as follows: 

§ 165.1343 Regulated navigation area; NW 

Natural PGM Site, Willamette River, 

Portland, OR. 

(a) Location. The following area is a 

regulated navigation area (RNA): All 

navigable waters of the Willamette River 

adjacent to the NW Natural Portland Gas 

Manufacturing (PGM) site, encompassed 

by a line connecting the following 

points beginning at 45°31′33.8′′ N, 

122°40′11.6′′ W; thence to 45°31′33.9′′ N, 

122°40′11.2′′ W; thence to 45°31′32.7′′ N, 

122°40′10.7′′ W; thence to 45°31′32.9′′ N, 

122°40′09.4′′ W; thence to 45°31′32.2′′ N, 

122°40′08.8′′ W; thence to 45°31′32.2′′ N, 

122°40′07.9′′ W; thence to 45°31′31.4′′ N, 

122°40′07.6′′ W; thence to 45°31′30.9′′ N, 

122°40′10.7′′ W; and along the shoreline 

back to the beginning point. These 

coordinates are based on North 

American Datum 83 (NAD 83). 

Geographically this location starts on 

the west bank of the Willamette River at 

approximately river mile 12.2, 100 yards 

south of the Steel Bridge. 

(b) Regulations. In addition to the 

general RNA regulations in § 165.13, the 

following regulations apply to the RNA 

described in paragraph (a) of this 

section. 

(1) Sediment disturbance activities 

including dredging, spudding, and 

vessel anchoring require advance 

consultation with the Oregon 

Department of Environmental Quality 

and obtain prior approval from the 

Coast Guard Captain of the Port Sector 

Columbia River (COTP) to prevent 

exposure of buried contamination and/ 

or damage to the remedial cap. Contact 

Oregon DEQ at 503–229–5245, or 

alternatively, call 811 prior to any 

sediment disturbance activity. Any 

work within 10 feet of the seawall is 

prohibited unless there is advance 

consultation and approval by the City of 

Portland, DEQ and the COTP. All 

vessels and persons are prohibited from 

anchoring, dredging, laying cable, 

dragging, seining, bottom fishing, 

conducting salvage operations, or any 

other activity which could potentially 

disturb the riverbed in the designated 

area. Vessels may otherwise transit or 

navigate within this area. 

(2) The regulations described in 

paragraph (b)(1) of this section do not 

apply to vessels or persons engaged in 

activities associated with remediation 

efforts in the NW Natural PGM Site, 

provided that the COTP is given 

advance notice of those activities by 

Oregon DEQ. 

(c) Contact information. If you 

observe violations of the regulations in 

this section, you may notify the COTP 

by email, at D13-SMBMSUPortlandWWM@uscg.mil. 

Dated: November 24, 2021. 

M.W. Bouboulis, 

RADM, U.S. Coast Guard, Commander, 

Thirteenth Coast Guard District. 

[FR Doc. 2022–00199 Filed 1–10–22; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2020–0705; FRL–9235–02– 

R4] 

Air Plan Approval; North Carolina: 

Mecklenburg General Provisions 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is finalizing approval of 

a State Implementation Plan (SIP) 

revision to the Mecklenburg County 

portion of the North Carolina SIP, 

hereinafter referred to as the 

Mecklenburg County Local 

Implementation Plan (LIP). The revision 

was submitted through the North 

Carolina Division Air Quality (NCDAQ), 

on behalf of Mecklenburg County Air 

Quality (MCAQ), via a letter dated April 

24, 2020, and was received by EPA on 

June 19, 2020. The revision updates 

several Mecklenburg County Air 

Pollution Control Ordinance (MCAPCO) 

rules incorporated into the LIP, 

including updating and revising certain 

definitions. EPA is approving these 

changes pursuant to the Clean Air Act 

(CAA or Act). 

DATES: This rule is effective February 

10, 2022. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R04–OAR– 

2020–0705. All documents in the docket 

are listed on the www.regulations.gov 

website. Although listed in the index, 

some information may not be publicly 

available, i.e., Confidential Business 

Information or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available either electronically through 

www.regulations.gov or in hard copy at 

the Air Regulatory Management Section, 

Air Planning and Implementation 

Branch, Air and Radiation Division, 

U.S. Environmental Protection Agency, 

Region 4, 61 Forsyth Street SW, Atlanta, 

Georgia 30303–8960. EPA requests that 

if at all possible, you contact the person 

listed in the FOR FURTHER INFORMATION

CONTACT section to schedule your 

inspection. The Regional Office’s 

official hours of business are Monday 

through Friday 8:30 a.m. to 4:30 p.m., 

excluding Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Pearlene Williams, Air Regulatory 

Management Section, Air Planning and 

Implementation Branch, Air and 

Radiation Division, U.S. Environmental 

Protection Agency, Region 4, 61 Forsyth 

Street SW, Atlanta, Georgia 30303–8960. 

The telephone number is (404) 562– 

9144. Ms. Williams can also be reached 

via electronic mail at 

williams.pearlene@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

The Mecklenburg County LIP was 

originally submitted to EPA on June 14, 

1990, and EPA approved the plan on 

May 2, 1991. See 56 FR 20140. 

Mecklenburg County prepared three 

submittals in order to modify the LIP 

for, among other things, general 

consistency with the North Carolina 

SIP.1 The three submittals were 

submitted to EPA as follows: NCDAQ 

transmitted the October 25, 2017, 

submittal to EPA but withdrew it from 

review through a letter dated February 

15, 2019. On April 24, 2020, NCDAQ 

resubmitted the October 25, 2017, 

update to EPA and also submitted the 

January 21, 2016, and January 14, 2019, 

updates. Due to an inconsistency with 

public notice at the local level, these 

submittals were withdrawn from EPA 

through a letter dated February 15, 

2019. Mecklenburg County corrected 

this error, and NCDAQ submitted the 

updates in a revision dated April 24, 

2020.2

II. What action is EPA taking? 

On April 24, 2020, NCDAQ submitted 

to EPA changes to the MCAPCO to be 

incorporated into the LIP.3 The January 

14, 2019, portion of this submission 

includes changes to Rules 1.5102— 

Definition of Terms and 1.5111— 

General Recordkeeping, Reporting and 

Monitoring Requirements of MCAPCO 


khammond on DSKJM1Z7X2PROD with RULES