9450 Federal Register / Vol. 87, No. 35 / Tuesday, February 22, 2022 / Rules and Regulations 

Captain of the Port St. Petersburg by 

telephone at (727) 824–7506, or a 

designated representative via VHF radio 

on channel 16. If authorization is 

granted by the Captain of the Port St. 

Petersburg or a designated 

representative, all persons and vessels 

receiving such authorization must 

comply with the instructions of the 

Captain of the Port St. Petersburg or a 

designated representative. 

(d) Enforcement period. This section 

will be enforced daily from 6 a.m. until 

10 p.m., on February 25, 2022, through 

February 27, 2022. 

Dated: February 15, 2022. 

Matthew A. Thompson, 

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

Port Saint Petersburg. 

[FR Doc. 2022–03707 Filed 2–18–22; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2022–0094] 

RIN 1625–AA00 

Safety Zone; Atlantic Ocean, Cape 

Lookout, NC 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone on 

the navigable waters of the Atlantic 

Ocean near Cape Lookout, North 

Carolina. This temporary safety zone 

restricts vessel traffic in a portion of the 

Atlantic Ocean while crews continue to 

search a plane crash area. This action 

restricts vessel traffic to protect 

mariners, vessels, and dive crews from 

the hazards associated with the work or 

surveying a plane crash site. Entry of 

vessels or persons into this safety zone 

is prohibited unless specifically 

authorized by the Captain of the Port 

(COTP) North Carolina or a designated 

representative. 

DATES: This rule is effective without 

actual notice from February 22, 2022, 

until March 1, 2022. For the purposes of 

enforcement, actual notice will be used 

from February 15, 2022, until February 

22, 2022. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2022– 

0094 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 Petty Officer Ken Farah, 

Waterways Management Division, U.S. 

Coast Guard; telephone 910–772–2221, 

email ncmarineevents@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 

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 

would be impracticable and contrary to 

the public interest. The Coast Guard was 

unable to publish an NPRM and hold a 

reasonable comment period for this 

rulemaking due to the emergent nature 

of the recovery operations and required 

publication of this rule. Immediate 

action is needed to protect persons and 

vessels from the hazards associated with 

carrying out operations to recover the 

downed aircraft and survey the area for 

debris. It is impracticable and contrary 

to the public interest to publish an 

NPRM because a final rule needs to be 

in place by February 15, 2022. 

We are issuing this rule, and under 5 

U.S.C. 553(d)(3), the Coast Guard finds 

that good cause exists for making it 

effective less than 30 days after 

publication in the Federal Register. 

Delaying the effective date of this rule 

would be impracticable and contrary to 

the public interest for the reasons 

discussed above, immediate action is 

needed to protect persons, property, 

vessels, and the marine environment on 

the navigable waters of the Atlantic 

Ocean near Cape Lookout in North 

Carolina. 

III. Legal Authority and Need for Rule 

The Coast Guard is issuing this rule 

under authority in 33 U.S.C. 1231. The 

Captain of the Port North Carolina 

(COTP) has determined potential 

hazards associated with operations 

during recovery work on the site of a 

plane crash. Work on this site is starting 

February 15, 2022, and ongoing. This 

work is a safety concern for anyone 

transiting the designated recovery area 

of the Atlantic Ocean and Cape Lookout, 

NC, because the site work will involve 

persons in the water. This rule is 

necessary to protect persons, vessels, 

and participants from the hazards 

associated with the recovery efforts. 

IV. Discussion of the Rule 

This rule establishes a safety zone 

from on February 15, 2022, through 

March 1, 2022. The safety zone will be 

enforced from 7 a.m. through 7 p.m. 

each day the rule is in effect. The safety 

zone will include all navigable waters of 

the Atlantic Ocean within a 1,000 yard 

radius of position 34–48.81 N by 076– 

17.23 W. The duration of this zone is 

intended to protect persons, property, 

vessels, and the marine environment on 

the navigable waters of the Atlantic 

Ocean during the recovery efforts of at 

downed aircraft. No vessel or person 

will be permitted to enter the safety 

zone unless specifically authorized by 

the Captain of the Port North Carolina 

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 emergent nature of this 

event and limited impact to the public. 

The safety zone is in an area where 

there is ample space to pass around this 

area. Moreover, the Coast Guard will 

issue a Broadcast Notice to Mariners via 

VHF–FM marine channel 16 about the 

zone, and the rule will allow vessels to 

seek permission to pass through the 

zone if necessary. 


lotter on DSK11XQN23PROD with RULES1
Federal Register / Vol. 87, No. 35 / Tuesday, February 22, 2022 / Rules and Regulations 9451 

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 safety 

zone 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 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 that will prohibit entry within 

1,000 yards of vessels and machinery 

being used by personnel to survey and 

recover an aircraft crash site at position 

34–48.81 N by 076–17.23 W. It is 

categorically excluded from further 

review under paragraph L[60d] 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.T05–0094 

§ 165.T05–0094 Safety Zone; Atlantic 

Ocean, Cape Lookout, NC. 

(a) Location. The following area is a 

safety zone on all navigable waters 

within a 1,000 yard radius of position 

34–48.81 N by 076–17.23 W on the 

Atlantic Ocean near Cape Lookout, 

North Carolina. 

(b) Definitions. As used in this 

section— 

Designated representative means a 

Coast Guard Patrol Commander, 

including a Coast Guard commissioned, 

warrant, or petty officer designated by 

the Captain of the Port North Carolina 

(COTP) for the enforcement of the safety 

zone. 

(c) Regulations. (1) The general 

regulations governing safety zones in 

§ 165.23 apply to the area described in 

paragraph (a) of this section. 

(2) Entry into or remaining in this 

safety zone is prohibited unless 

authorized by the COTP or the COTP’s 

designated representative. Unless 

permission to remain in the zone has 

been granted by the COTP or the COTP’s 

designated representative, a vessel 

within this safety zone must 

immediately depart the zone when this 

section becomes effective. 

(3) The Captain of the Port, North 

Carolina can be reached through the 

Coast Guard Sector North Carolina 

Command Duty Officer, Wilmington, 

North Carolina, at telephone number 

910–343–3882. 

(4) The Coast Guard and designated 

security vessels enforcing the safety 

zone can be contacted on VHF–FM 

marine band radio channel 13 (165.65 

MHz) and channel 16 (156.8 MHz). 


lotter on DSK11XQN23PROD with RULES1
9452 Federal Register / Vol. 87, No. 35 / Tuesday, February 22, 2022 / Rules and Regulations 

1 Georgia’s SIP is set forth at 40 CFR 52.570. 

2The SIP-approved version of Rule 391–3–1– 

.03(2) states ‘‘Prior to the issuance of any federally 

enforceable operating permit, EPA and the public 

will be notified and given a chance for comment on 

the draft permit.’’ 

3EPA erroneously made the draft change to Rule 

391–3–1–.03(2)(i) in its online Georgia SIP 

compilation at https://www.epa.gov/sips-ga. EPA 

will correct this error in the SIP compilation at the 

time of publication or shortly thereafter. 

4The SIP table at 40 CFR 52.570(c) contains an 

error in the entry for Rule 391–3–1–.03(2) 

indicating a December 26, 2001, state effective date. 

EPA intends to correct this table entry to reflect a 

state effective date of August 17, 1994, in the next 

routine update to the materials incorporated by 

reference into the Georgia SIP. 

(d) Enforcement. The U.S. Coast 

Guard may be assisted in the patrol and 

enforcement of the safety zone by 

Federal, State, and local agencies. 

(e) Enforcement period. This section 

will be enforced from 7 a.m. through 7 

p.m. each day from February 15, 2022, 

through March 1, 2022. 

Dated: February 15, 2022. 

Matthew J. Baer, 

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

Port North Carolina. 

[FR Doc. 2022–03671 Filed 2–18–22; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2022–0002; FRL–9413–01– 

R4] 

Approval and Promulgation of 

Implementation Plans; Georgia: 

Approval of Revisions to State 

Implementation Plan; Correction 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule; correction and 

clarification. 

SUMMARY: The Environmental Protection 

Agency (EPA) is correcting statements 

contained in a July 11, 2002, Federal 

Register notice of direct final 

rulemaking approving changes to the 

Georgia State Implementation Plan 

(SIP). Specifically, EPA stated that it 

was approving a change to the public 

notice requirements in Georgia’s SIP for 

federally-enforceable operating permits. 

However, this change was never 

effective at the state level and, therefore, 

was never incorporated into the SIP. 

EPA is publishing this correction notice 

to eliminate any potential confusion 

regarding the public notice 

requirements in Georgia’s SIP for these 

permits. 

DATES: Effective February 22, 2022. 

ADDRESSES: EPA has established a 

docket for this notice of correction 

under Docket Identification No. EPA– 

R04–OAR–2022–0002 to provide 

electronic access to the July 11, 2002, 

submittal. 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: D. 

Brad Akers, 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. 

Mr. Akers can be reached via telephone 

at 404–562–9089 or via electronic mail 

at akers.brad@epa.gov. 

SUPPLEMENTARY INFORMATION: Section 

110 of the Clean Air Act (CAA) requires 

states to develop and submit to EPA a 

SIP to ensure that state air quality meets 

the National Ambient Air Quality 

Standards (NAAQS). These NAAQS 

currently address six criteria pollutants: 

Carbon monoxide, nitrogen dioxide, 

ozone, lead, particulate matter, and 

sulfur dioxide. Each state has a SIP 

containing the control measures and 

strategies used to attain and maintain 

the NAAQS. The SIP is extensive, 

containing such elements as air 

pollution control and permitting 

regulations, emission inventories, 

attainment demonstrations, and 

enforcement mechanisms. Each state 

must formally adopt the elements it 

proposes to include in its SIP after the 

public has had an opportunity to 

comment on them and must then submit 

the proposed SIP revisions to EPA. If the 

revisions meet all relevant CAA 

requirements, EPA must approve them 

through notice and comment 

rulemaking and incorporate the 

elements into the SIP at 40 Code of 

Federal Regulations part 52—‘‘Approval 

and Promulgation of Implementation 

Plans.’’ 1

EPA incorporated Georgia’s 

‘‘Operating (SIP) Permits’’ rule—Ga. 

Comp. R. & Regs. 391–3–1–.03, Permits, 

at Section (2) (hereinafter Rule 391–3– 

1–.03(2))—into the Georgia SIP on 

August 30, 1995. See 60 FR 45048. 

Paragraph (i) of this rule requires the 

State to notify EPA and the public prior 

to issuing any federally-enforceable 

operating permit and provide the 

opportunity to comment on the draft 

permit. Georgia has not revised this 

public notice provision since its initial 

incorporation into the SIP.2

On July 11, 2002 (67 FR 45909), EPA 

approved numerous changes to the 

Georgia SIP through a direct final rule. 

This rule addressed regulatory changes 

transmitted to EPA on December 6, 

1999, March 21, 2000, January 4, 2001, 

August 21, 2001, and December 28, 

2001, by the State of Georgia, through 

the Georgia Department of Natural 

Resources’ Environmental Protection 

Division (also known as GA EPD). 

GA EPD’s March 21, 2000, submittal 

contained several revisions to Rule 391– 

3–1–.03 and information indicating that 

it included changes to Rule 391–3–1– 

.03(2) for EPA approval. Specifically, 

the submittal contained a strikeout/ 

underline draft version of Rule 391–3– 

1–.03(2)(i), that purported to eliminate 

the phrase ‘‘on the draft permit.’’ In the 

preamble of the July 11, 2002, notice of 

direct final rulemaking, EPA indicated it 

was removing this phrase, stating that 

‘‘Rule 391–3–1–.03(2)(i) is being 

amended to allow the public and EPA 

notification and review of a permit 

application to begin upon receipt of a 

permit application rather than upon 

completion of a draft permit.’’ 3 4 See 67 

FR 45909 at 45910. However, the 

submittal also included a final version 

of the rule that retained the phrase ‘‘on 

the draft permit’’ and a hearing record 

showing that the draft version of Rule 

391–3–1–.03(2)(i) (eliminating the 

phrase ‘‘on the draft permit’’), was never 

adopted by the Georgia Board of Natural 

Resources, and, therefore, was never 

state effective. 

The direct final rule incorporated the 

final version of Rule 391–3–1–.03 into 

the SIP at 40 CFR 52.570(c). Because the 

draft change to the public notice 

requirement in Rule 391–3–1–.03(2)(i) 

(eliminating the phrase ‘‘on the draft 

permit’’), was never state effective, EPA 

could not have incorporated it into the 

SIP. Therefore, EPA did not approve any 

change to 391–3–1–.03(2) in the July 11, 


lotter on DSK11XQN23PROD with RULES1