2552 Federal Register / Vol. 87, No. 11 / Tuesday, January 18, 2022 / Rules and Regulations 

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 less than one hour that will 

prohibit entry into a designated area. It 

is categorically excluded from further 

review under paragraph L60(a) in Table 

3–1 of U.S. Coast Guard Environmental 

Planning Implementing Procedures 

5090.1. A Record of Environmental 

Consideration supporting this 

determination is available in the docket 

where indicated under ADDRESSES. 

G. Protest Activities 

The Coast Guard respects the First 

Amendment rights of protesters. 

Protesters are asked to contact 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 record keeping 

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.T09–0006 to read as 

follows: 

§ 165.T09–0006 Safety Zone; St. Clair Icy 

Bazaar Fireworks, St. Clair River, MI. 

(a) Location. A safety zone is 

established to include all U.S. navigable 

waters of the St. Clair River, St. Clair, 

MI, within a 50-yard radius of position 

42°49.477′ N, 082°29.107′ W (NAD 83). 

(b) Enforcement period. The regulated 

area described in paragraph (a) of this 

section will be enforced from 6 p.m. 

until 6:30 p.m. on January 22, 2022. In 

the case of inclement weather on 

January 22, 2022, this safety zone will 

be enforced from 6 p.m. to 6:30 p.m. on 

January 23, 2022. 

(c) Regulations. (1) No vessel or 

person may enter, transit through, or 

anchor within the safety zone unless 

authorized by the Captain of the Port 

Detroit (COTP), or his on-scene 

representative. 

(2) The safety zone is closed to all 

vessel traffic, except as may be 

permitted by the COTP or his on-scene 

representative. 

(3) The ‘‘on-scene representative’’ of 

COTP is any Coast Guard 

commissioned, warrant or petty officer 

or a Federal, State, or local law 

enforcement officer designated by or 

assisting the Captain of the Port Detroit 

to act on his behalf. 

(4) Vessel operators shall contact the 

COTP or his on-scene representative to 

obtain permission to enter or operate 

within the safety zone. The COTP or his 

on-scene representative may be 

contacted via VHF Channel 16 or at 

(313) 568–9464. Vessel operators given 

permission to enter or operate in the 

regulated area must comply with all 

directions given to them by the COTP or 

his on-scene representative. 

Dated: January 5, 2022. 

Brad W. Kelly, 

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

Port Detroit. 

[FR Doc. 2022–00792 Filed 1–14–22; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2022–0020] 

RIN 1625–AA87 

Security Zones; Corpus Christi Ship 

Channel, Corpus Christi, TX 

AGENCY: Coast Guard, Department of 

Homeland Security (DHS). 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing two temporary, 500-yard 

radius, moving security zones for 

certain Liquefied Natural Gas Carriers 

(LNGC) within the Corpus Christi Ship 

Channel and La Quinta Channel. The 

security zones are needed to protect the 

vessels and the marine environment 

from potential hazards created by 

Liquefied Natural Gas (LNG) cargo 

aboard the vessels. Entry of vessels or 

persons into these zones is prohibited 

unless specifically authorized by the 

Captain of the Port Sector Corpus 

Christi or a designated representative. 

DATES: This rule is effective without 

actual notice from 12:01 a.m. until 11:59 

p.m. on January 18, 2022. For the 

purposes of enforcement, actual notice 

will be used from January 12, 2022, 

until 12:01 a.m. on January 18, 2022. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call or 

email Lieutenant Commander Anthony 

Garofalo, Sector Corpus Christi 

Waterways Management Division, U.S. 

Coast Guard; telephone 361–939–5130, 

email Anthony.M.Garofalo@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

COTP Captain of the Port Sector Corpus 

Christi 

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 

The Coast Guard is issuing this 

temporary rule without prior notice and 

opportunity to comment pursuant to 

authority under section 4(a) of the 

Administrative Procedure Act (APA) (5 

U.S.C. 553(b)). This provision 

authorizes an agency to issue a rule 

without prior notice and opportunity to 

comment when the agency for good 

cause finds that those procedures are 

‘‘impracticable, unnecessary, or contrary 

to the public interest.’’ Under 5 U.S.C. 

553(b)(B), the Coast Guard finds that 

good cause exists for not publishing a 

notice of proposed rulemaking (NPRM) 

with respect to this rule because it is 

impracticable. We must establish these 

security zones by January 12, 2022, to 

ensure security of these vessels and lack 

sufficient time to provide a reasonable 

comment period and then consider 

those comments before issuing the rule. 

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 contrary to the public 

interest because immediate action is 

needed to provide for the security of 

these vessels. 

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 Corpus 

Christi (COTP) has determined that 

potential hazards associated with the 

transit of the Motor Vessel (M/V) 

GASLOG WALES and M/V VALENCIA 

KNUTSEN when loaded will be a 

security concern within a 500-yard 

radius of the vessels. This rule is needed 

to protect the vessels while the vessels 

are transiting within Corpus Christi, TX, 


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Federal Register / Vol. 87, No. 11 / Tuesday, January 18, 2022 / Rules and Regulations 2553 

from January 12, 2022 through January 

18, 2022. 

IV. Discussion of the Rule 

The Coast Guard is establishing two 

500-yard radius temporary moving 

security zones around M/V GASLOG 

WALES and M/V VALENCIA 

KNUTSEN. The zones for the vessels 

will be enforced from the time the first 

vessel departs loaded on January 12, 

2022, until the last vessels departs the 

Corpus Christi Ship Channel and La 

Quinta Channel loaded on January 18, 

2022. The duration of the zones is 

intended to protect the vessels and 

cargo on board while the vessels are in 

transit. No vessel or person will be 

permitted to enter the security zones 

without obtaining permission from the 

COTP or a designated representative. 

Entry into these security zones is 

prohibited unless authorized by the 

COTP or a designated representative. A 

designated representative is a 

commissioned, warrant, or petty officer 

of the U.S. Coast Guard (USCG) assigned 

to units under the operational control of 

USCG Sector Corpus Christi. Persons or 

vessels desiring to enter or pass through 

this zone must request permission from 

the COTP or a designated representative 

on VHF–FM channel 16 or by telephone 

at 361–939–0450. If permission is 

granted, all persons and vessels shall 

comply with the instructions of the 

COTP or designated representative. The 

COTP or a designated representative 

will inform the public through 

Broadcast Notices to Mariners (BNMs), 

Local Notices to Mariners (LNMs), and/ 

or Marine Safety Information Bulletins 

(MSIBs) as appropriate of the 

enforcement times and dates for this 

security zone. 

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 size, duration, and 

location of the security zones. This rule 

will impact a small designated area of 

500-yards around the vessels in the 

Corpus Christi Ship Channel and La 

Quinta Channel over a 4 hour period of 

time as each vessel transits the channel. 

Moreover, the rule allows vessels to 

seek permission to enter the zones. 

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 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 

temporary security zones may be small 

entities, for the reasons stated in section 

V.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 contact 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. If you 

believe this rule has implications for 

federalism or Indian tribes, please 

contact the person listed in the FOR

FURTHER INFORMATION CONTACT section 

above. 

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 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 moving 

security zones lasting for the duration of 

time that the M/V GASLOG WALES and 

M/V VALENCIA KNUTSEN are within 

the Corpus Christi Ship Channel and La 

Quinta Channel while loaded with 


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2554 Federal Register / Vol. 87, No. 11 / Tuesday, January 18, 2022 / Rules and Regulations 

cargo. It will prohibit entry within a 500 

yard radius of M/V GASLOG WALES 

and M/V VALENCIA KNUTSEN while 

the vessels are transiting loaded within 

Corpus Christi Ship Channel and La 

Quinta Channel. It is categorically 

excluded from further review under L60 

in 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 

where indicated under ADDRESSES. 

G. Protest Activities 

The Coast Guard respects the First 

Amendment rights of protesters. 

Protesters are asked to contact 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.T08–0020 to read as 

follows: 

§ 165.T08–0020 Security Zones; Corpus 

Christi Ship Channel, Corpus Christi, TX. 

(a) Location. The following areas are 

two security zones: All navigable waters 

encompassing a 500-yard radius around 

each of the following vessels: M/V 

GASLOG WALES and M/V VALENCIA 

KNUTSEN while the vessels are in the 

Corpus Christi Ship Channel and La 

Quinta Channel. 

(b) Effective period. This section is 

effective without actual notice from 

12:01 a.m. until 11:59 p.m. on January 

18, 2022. For the purposes of 

enforcement, actual notice will be used 

from January 12, 2022, until 12:01 a.m. 

on January 18, 2022. 

(c) Regulations. (1) The general 

regulations in § 165.33 apply. Entry into 

the zones is prohibited unless 

authorized by the Captain of the Port 

Sector Corpus Christi (COTP) or a 

designated representative. A designated 

representative is a commissioned, 

warrant, or petty officer of the U.S. 

Coast Guard (USCG) assigned to units 

under the operational control of USCG 

Sector Corpus Christi. 

(2) Persons or vessels desiring to enter 

or pass through the zones must request 

permission from the COTP Sector 

Corpus Christi on VHF–FM channel 16 

or by telephone at 361–939–0450. 

(3) If permission is granted, all 

persons and vessels shall comply with 

the instructions of the COTP or 

designated representative. 

(d) Information broadcasts. The COTP 

or a designated representative will 

inform the public through Broadcast 

Notices to Mariners (BNMs), Local 

Notices to Mariners (LNMs), and/or 

Marine Safety Information Bulletins 

(MSIBs) as appropriate of the 

enforcement times and dates for these 

security zones. 

Dated: January 11, 2022. 

H.C. Govertsen, 

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

Port Sector Corpus Christi. 

[FR Doc. 2022–00786 Filed 1–14–22; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2017–0583; EPA–R05– 

OAR–2019–0311; EPA–R05–OAR–2020– 

0501; FRL 9056–03–R5] 

Air Plan Approval; Illinois; Removal of 

Infrastructure SIP Requirements for 

the 2012 PM2.5 and 2015 Ozone NAAQS 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: Due to the receipt of an 

adverse comment on a direct final rule 

published on September 29, 2021, the 

Environmental Protection Agency (EPA) 

is revising its regulations approving 

elements of a State Implementation Plan 

revision submitted by the Illinois 

Environmental Protection Agency on 

September 29, 2017, May 16, 2019, and 

September 22, 2020. The submitted 

revisions were intended to address the 

infrastructure requirements of section 

110 of the Clean Air Act for the 2012 

annual fine particulate matter (PM2.5) 

and 2015 ozone National Ambient Air 

Quality Standards (NAAQS). 

DATES: This final rule is effective 

January 18, 2022. 

FOR FURTHER INFORMATION CONTACT: 

Olivia Davidson, Environmental 

Scientist, Attainment Planning and 

Maintenance Section, Air Programs 

Branch (AR–18J), EPA, Region 5, 77 

West Jackson Boulevard, Chicago, 

Illinois 60604, (312) 886–0266. 

davidson.olivia@epa.gov. The EPA 

Region 5 office is open from 8:30 a.m. 

to 4:30 p.m., Monday through Friday, 

excluding Federal holidays and facility 

closures due to COVID–19. 

SUPPLEMENTARY INFORMATION: EPA 

published a direct final rule on 

September 29, 2021 (86 FR 53872), 

approving elements of a State 

Implementation Plan (SIP) revision 

submitted by the State of Illinois 

regarding the infrastructure 

requirements of section 110 of the Clean 

Air Act (CAA) for the 2012 PM2.5 and 

2015 ozone NAAQS and approving the 

infrastructure requirements related to 

Prevention of Significant Deterioration 

(PSD) for previous NAAQS. In the direct 

final rule, EPA stated that if adverse 

comments were received by October 29, 

2021, the rule would be withdrawn and 

not take effect. On October 27, 2021, 

EPA received a comment. EPA believes 

this comment is adverse and, therefore, 

EPA is revising its regulations because 

EPA was unable to withdraw the direct 

final rule before it took effect. EPA will 

address the comment in a subsequent 

final action based upon the proposed 

action also published on September 29, 

2021. See 86 FR 53915. EPA will not 

institute a second comment period on 

this action. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Ozone, Particulate matter. 

Authority: 42 U.S.C. 7401 et seq. 

Dated: January 11, 2022. 

Debra Shore, 

Regional Administrator, Region 5. 

For the reasons stated in the 

preamble, EPA amends 40 CFR part 52 

as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

■ 2. In § 52.720, the table in paragraph 

(e) is amended under the heading 

‘‘Section 110(a)(2) Infrastructure 

Requirements’’ by: 

■ a. Revising the entries for ‘‘1997 8- 

hour Ozone NAAQS Infrastructure 

Requirements’’, ‘‘1997 PM2.5 NAAQS 

Infrastructure Requirements’’, ‘‘2006 24- 

hour PM2.5 NAAQS Infrastructure 


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