Federal Register / Vol. 87, No. 55 / Tuesday, March 22, 2022 / Proposed Rules 16129 

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 

effects of this rule elsewhere in this 

preamble. 

F. Environment 

We have analyzed this proposed rule 

under Department of Homeland 

Security Directive 023–01 and 

Commandant Instruction M16475.1D, 

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 amending the regulations for 

Delaware Bay and River anchorage 

grounds by establishing two new 

anchorage regulations; Anchorage C 

—Cape Henlopen and Anchorage D— 

Indian River. Normally such actions are 

categorically excluded from further 

review under paragraph L59(a) of 

Appendix A, Table 1 of DHS Instruction 

Manual 023–01–001–01, Rev. 01. A 

preliminary Record of Environmental 

Consideration supporting this 

determination is available in the docket 

where indicated under ADDRESSES. 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 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. 

VI. 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 Decision Making Portal at 

https://www.regulations.gov. To do so, 

go to https://www.regulations.gov, type 

USCG–2019–0822 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 

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 110 

Anchorage grounds. 

For the reasons discussed in the 

preamble, the Coast Guard is proposing 

to amend 33 CFR part 110 as follows: 

PART 110—ANCHORAGE 

REGULATIONS 

■ 1. The authority citation for part 110 

continues to read as follows: 

Authority: 33 U.S.C. 471, 2071; 46 U.S.C. 

70034; 33 CFR 1.05–1; Department of 

Homeland Security Delegation No. 0170.1. 

■ 2. Amend § 110.157 by adding 

paragraphs (a)(18) through (20) to read 

as follows: 

§ 110.157 Delaware Bay and River. 

(a) * * * 

(18) Reserved. 

(19) Anchorage C—Cape Henlopen. 

The waters bounded by a line 

connecting the following points: 

Latitude Longitude 

38°40′54.00′′ N 74°52′00.00′′ W 

38°40′56.08′′ N 74°48′51.34′′ W 

38°37′36.00′′ N 74°48′30.00′′ W 

(DATUM: NAD 83) 

(20) Anchorage D—Indian River. The 

waters bounded by a line connecting the 

following points: 

Latitude Longitude 

38°34′56.25′′ N 74°52′19.12′′ W 

38°33′40.91′′ N 74°54′41.50′′ W 

38°31′31.08′′ N 74°55′27.96′′ W 

38°29′07.35′′ N 74°53′29.25′′ W 

38°28′56.87′′ N 74°50′28.69′′ W 

38°30′07.37′′ N 74°48′08.38′′ W 

(DATUM: NAD 83) 

* * * * * 

Dated: March 14, 2022. 

L.M. Dickey, 

Rear Admiral, U.S. Coast Guard, Commander, 

Fifth Coast Guard District. 

[FR Doc. 2022–05806 Filed 3–21–22; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2022–0184] 

RIN 1625–AA00 

Safety Zone; Graduate Boat Parade, 

Sturgeon Bay, WI 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard is proposing 

to establish a temporary safety zone for 

certain waters of Sturgeon Bay, WI. This 

action is necessary to provide for the 

safety of life on these navigable waters 

during the boat parade for the Graduates 

of Sturgeon Bay High School on May 28, 

2022. This proposed rulemaking would 

restrict usage by persons and vessels 

within the safety zone. At no time 

during the effective period may nonparade vessels transit the waters of 

Sturgeon Bay between the Highway 42 

Bridge and Michigan Street Bridge. 

These restrictions would apply to all 

vessels during the effective period 

unless authorized by the Captain of the 

Port Lake Michigan or a designated 

representative. We invite your 

comments on this proposed rulemaking. 


lotter on DSK11XQN23PROD with PROPOSALS1
16130 Federal Register / Vol. 87, No. 55 / Tuesday, March 22, 2022 / Proposed Rules 

DATES: Comments and related material 

must be received by the Coast Guard on 

or before April 6, 2022. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2022–0184 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 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, Purpose, and Legal 

Basis 

On March 9, 2022, the principal of 

Sturgeon Bay High School notified the 

Coast Guard that it will be conducting 

a boat parade for graduates of the Class 

of 2022 on May 28, 2022 from 11:00 

a.m. through 2:00 p.m. The boat parade 

will begin at Madelyn Marine, NW of 

Highway 42 bridge, proceed NW to the 

Michigan Street Bridge, cross the 

channel towards the Maritime Museum, 

then proceed SE, crossing back across 

the channel and ending at Madelyn 

Marine. The Captain of the Port Sector 

Lake Michigan (COTP) has determined 

that potential hazards associated with 

the boat parade would be a safety 

concern for anyone within the safety 

zone that is not participating in the boat 

parade. 

The purpose of this rulemaking is to 

ensure the safety of vessels and the 

navigable waters of Sturgeon Bay 

between the Highway 42 Bridge and 

Michigan Street Bridge during the 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 11:00 a.m. through 2:00 

p.m. on May 28, 2022. The safety zone 

would cover all navigable waters of 

Sturgeon Bay between the Highway 42 

Bridge and Michigan Street Bridge. The 

duration of the zone is intended to 

ensure the safety of vessels and these 

navigable waters before, during, and 

after the boat parade event. No vessels 

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 

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 proposed rule will relatively small 

and is designed to minimize its impact 

on navigable waters. This proposed rule 

will prohibit entry into certain 

navigable waters of Sturgeon Bay, WI, 

and it is not anticipated to exceed 2.5 

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 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 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 rule 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 

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. 


lotter on DSK11XQN23PROD with PROPOSALS1
Federal Register / Vol. 87, No. 55 / Tuesday, March 22, 2022 / Proposed Rules 16131 

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 

effects of this 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 a safety zone lasting 2.5 

hours that would prohibit entry within 

a relatively small portion of Sturgeon 

Bay. 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. 

We encourage you to submit 

comments through the Federal 

eRulemaking Portal at https://

www.regulations.gov. If your material 

cannot be submitted using https://

www.regulations.gov, call or email the 

person in the FOR FURTHER INFORMATION

CONTACT section of this document for 

alternate instructions. 

We accept anonymous comments. All 

comments received will be posted 

without change to https://

www.regulations.gov and will include 

any personal information you have 

provided. For more about privacy and 

submissions in response to this 

document, see DHS’s eRulemaking 

System of Records notice (85 FR 14226, 

March 11, 2020). 

Documents mentioned in this NPRM 

as being available in the docket, and all 

public comments, will be in our online 

docket at https://www.regulations.gov 

and can be viewed by following that 

website’s instructions. Additionally, if 

you go to the online docket and sign up 

for email alerts, you will be notified 

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. 0170.1, Revision No. 01.2. 

■ 2. Add § 165.T09–0184 to read as 

follows: 

§ 165.T09–0184 Safety Zone; Graduate 

Boat Parade, Sturgeon Bay, WI. 

(a) Location. All navigable waters of 

Sturgeon Bay between the Highway 42 

Bridge and Michigan Street Bridge. 

(b) Enforcement Period. The safety 

zone described in paragraph (a) of this 

section would be effective on May 28, 

2022 from 11:00 a.m. through 2:00 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 boat parade 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: March 14, 2022. 

D.P. Montoro, 

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

Port Lake Michigan. 

[FR Doc. 2022–06012 Filed 3–21–22; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R10–OAR–2021–0950, FRL–9395–01– 

R10] 

Air Plan Approval; ID, Incorporation by 

Reference Updates 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) proposes to approve an 

update to the Idaho State 

Implementation Plan (SIP) submitted on 

October 12, 2021. The submission 

updates the incorporation by reference 

of the national ambient air quality 

standards (NAAQS) and other Federal 

provisions into the Idaho SIP as of July 

1, 2020. Idaho undertakes regular 

updates to ensure State air rules and the 

SIP remain consistent with Federal air 

program requirements. 

DATES: Comments must be received on 

or before April 21, 2022. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R10– 

OAR–2021–0950, at https://

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Once submitted, comments cannot be 


lotter on DSK11XQN23PROD with PROPOSALS1