16640 Federal Register / Vol. 87, No. 57 / Thursday, March 24, 2022 / Rules and Regulations 

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 

temporary safety zone that prohibits 

entry within 500 yards of the motor 

vessel EVER FORWARD. It is 

categorically excluded from further 

review under paragraph L60(d) 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.T05–0750 to read as 

follows: 

§ 165.T05–0750 Safety Zone; Chesapeake 

Bay, Craighill Channel, MD. 

(a) Location. The following area is a 

safety zone: All navigable waters of the 

Chesapeake Bay, within a 500-yard 

radius of the motor vessel EVER 

FORWARD during damage assessment 

and salvage operations. 

(b) Definitions. As used in this 

section— 

Captain of the Port (COTP) means the 

Commander, U.S. Coast Guard Sector 

Maryland-National Capital Region. 

Designated representative means any 

Coast Guard commissioned, warrant, or 

petty officer, including a Coast Guard 

coxswain, petty officer, or other officer 

operating a Coast Guard vessel and a 

Federal, State, and local officer 

designated by or assisting the Captain of 

the Port Maryland-National Capital 

Region (COTP) in the enforcement of the 

safety zone. 

(c) 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 COTP 

or the COTP’s designated representative. 

(2) To seek permission to enter, 

contact the COTP or the COTP’s 

representative by telephone number 

410–576–2693 or on Marine Band Radio 

VHF–FM channel 16 (156.8 MHz). 

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. 

(d) Enforcement officials. 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 9 p.m. on March 

20, 2022, through 9 p.m. on April 13, 

2022. 

Dated: March 17, 2022. 

David E. O’Connell, 

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

Port Sector Maryland-NCR. 

[FR Doc. 2022–06230 Filed 3–23–22; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2020–0487; FRL–8931–03– 

R3] 

Air Plan Approval; West Virginia; 2020 

Amendments to West Virginia’s 

Ambient Air Quality Standards; 

Correction 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule; correction. 

SUMMARY: The Environmental Protection 

Agency (EPA) issued a final rule on 

September 23, 2021, entitled ‘‘Air Plan 

Approval; West Virginia; 2020 

Amendments to West Virginia’s 

Ambient Air Quality Standards.’’ This 

current action corrects an inadvertent 

error in the DATES section of the final 

rule by setting an effective date for the 

state implementation plan (SIP) revision 

submitted by the State of West Virginia. 

West Virginia’s revision updated the 

incorporation by reference of EPA’s 

national ambient air quality standards 

(NAAQS) and the associated monitoring 

reference and equivalent methods. This 

correction does not change West 

Virginia’s previously approved 

incorporation by reference, only the 

DATES section in the preamble removing 

the request for comments and replacing 

it with the effective date assigned to it. 

DATES: This correction is effective 

March 24, 2022, and is applicable 

beginning October 25, 2021. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R03–OAR–2020–0487. All 

documents in the docket are listed on 

the https://www.regulations.gov 

website. Although listed in the index, 

some information is not publicly 

available, e.g., confidential business 

information (CBI) 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 through https://

www.regulations.gov, or please contact 

the person identified in the FOR FURTHER

INFORMATION CONTACT section for 

additional availability information. 

FOR FURTHER INFORMATION CONTACT: 

Serena Nichols, Planning & 

Implementation Branch (3AD30), Air & 

Radiation Division, U.S. Environmental 

Protection Agency, Region III, 1650 

Arch Street, Philadelphia, PA 19103. 

The telephone number is (215) 814– 

2053. Ms. Nichols can also be reached 

via electronic mail at Nichols.Serena@

epa.gov. 

SUPPLEMENTARY INFORMATION: On 

September 23, 2021 (86 FR 52837), EPA 

published a final rule action 

announcing our approval of West 

Virginia’s revision updating the 

incorporation by reference of EPA’s 

NAAQS and the associated monitoring 

reference and equivalent methods. In 

the document, we inadvertently opened 

another comment period instead of 

setting an effective date for the rule. 

EPA had previously opened a 30-day 

public comment period for this action in 

the notice of proposed rulemaking 

(NPRM) published on February 9, 2021 


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Federal Register / Vol. 87, No. 57 / Thursday, March 24, 2022 / Rules and Regulations 16641 

(86 FR 8727) and responded to the 

comments received in response to the 

NPRM in the September 23rd final rule, 

so the provision of another comment 

period was an error in EPA’s final 

action. This document corrects the 

erroneous language. This document has 

no impact on West Virginia’s 

incorporation by reference of the 

NAAQS or the Clean Air Act (CAA) 

requirements applicable to West 

Virginia, only the effective date. 

Need for Correction 

As published, the September 23, 2021 

final rule opens another comment 

period instead of setting an effective 

date. 

Section 553 of the Administrative 

Procedure Act, 5 U.S.C. 553(b)(B), 

provides that, when an agency for good 

cause finds that notice and public 

procedure are impracticable, 

unnecessary, or contrary to the public 

interest, the agency may issue a rule 

without providing notice and an 

opportunity for public comment. EPA 

has determined that there is good cause 

for making this rule final without 

another prior proposal and opportunity 

for comment because, as explained here 

and in the explanation above, the 

change to the rule is a minor correction, 

it is noncontroversial in nature, and 

does not substantively change the 

requirements of West Virginia’s 

incorporation by reference of the 

NAAQS. Rather, the change sets the 

necessary effective date of this 

previously approved SIP revision. Thus, 

notice and opportunity for public 

comment are unnecessary. EPA finds 

that this constitutes good cause under 5 

U.S.C. 553(b)(B). 

Petitions for Judicial Review 

Under section 307(b)(1) of the CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by May 23, 2022. Filing a 

petition for reconsideration by the 

Administrator of this final rule does not 

affect the finality of this action for the 

purposes of judicial review nor does it 

extend the time within which a petition 

for judicial review may be filed, and 

shall not postpone the effectiveness of 

such rule or action. 

This action, approving a correction to 

the West Virginia SIP revision 

incorporating by reference the NAAQS 

that previously appeared in the Federal 

Register on September 23, 2021 (86 FR 

52837), may not be challenged later in 

proceedings to enforce its requirements. 

(See section 307(b)(2).) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Ozone, Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

Correction 

In the Federal Register of September 

23, 2021, 86 FR 52837, correct the DATES

to read: DATES: This final rule is 

effective on October 25, 2021. 

Dated: March 8, 2022. 

Diana Esher, 

Acting Regional Administrator, Region III. 

[FR Doc. 2022–06127 Filed 3–23–22; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

46 CFR Part 162 

RIN 1625–ZA42 

[Docket No. USCG–2019–0477] 

Final Policy Letter Describing TypeApproval Testing Methods for Ballast 

Water Management Systems (BWMS) 

That Render Organisms Nonviable in 

Ballast Water 

AGENCY: Coast Guard, DHS. 

ACTION: Final policy; notification. 

SUMMARY: The Coast Guard announces 

the availability of the final policy letter 

that describes type-approval testing 

methods, and the acceptance process for 

such methods, for ballast water 

management systems (BWMS) that 

render organisms nonviable in ballast 

water. At this time, the Coast Guard 

does not accept any type-approval 

testing methods for ballast water 

management systems that render 

organisms in ballast water nonviable 

(meaning ‘‘permanently incapable of 

reproduction’’). In consideration of 

public comments on the draft policy 

letter, this final policy letter establishes 

the mechanism for reviewing and 

integrating viability testing methods 

into the existing Coast Guard typeapproval testing program. The Coast 

Guard invites submissions of viability 

testing methods in accordance with the 

policy letter at any time following 

publication. The Coast Guard will 

review any provided information 

responsive to the policy letter and 

enclosure. This final policy letter is 

subject to revision, in coordination with 

the Environmental Protection Agency, 

contingent on any Coast Guard 

determination that a viability testing 

method is acceptable. 

DATES: The final policy letter 

announced in this notification is issued 

as of February 28, 2022. 

ADDRESSES: To view the final policy 

letter, as well as comments mentioned 

in this notice as being available in the 

docket, go to https://

www.regulations.gov, type ‘‘USCG– 

2019–0477,’’ and click ‘‘Search.’’ To see 

the final policy letter, click on this 

notice in the search results, and then 

click ‘‘View More Documents.’’ To see 

comments, click on the July 2019 Draft 

Policy Letter notice in the search 

results, and then click ‘‘View Related 

Comments.’’ 

FOR FURTHER INFORMATION CONTACT: Mr. 

Matthew Reudelhuber, Environmental 

Standards Division, 202–372–1432. 

SUPPLEMENTARY INFORMATION: 

Table of Contents for Preamble 

I. Abbreviations 

II. Background 

III. Summary of Changes From the Draft 

Policy Letter to the Final Policy Letter 

IV. Response to Comments 

V. Periodic Review of Viability Testing 

Methods 

VI. Environmental Aspect and Impact 

Considerations 

VII. Paperwork Reduction Act 

VIII. Public Availability of the Final Policy 

Letter 

I. Abbreviations 

BWMS Ballast Water Management System 

CFR Code of Federal Regulations 

DHS Department of Homeland Security 

ETV Environmental Technology 

Verification Program 

FR Federal Register 

IL Independent Laboratory 

IMO International Maritime Organization 

MPN Most Probable Number 

NEPA National Environmental Policy Act 

U.S.C. United States Code 

USCG U.S. Coast Guard 

VIDA Vessel Incidental Discharge Act of 

2018 

II. Background 

The Vessel Incidental Discharge Act 

of 2018 (VIDA) found at Title IX of the 

Frank LoBiondo Coast Guard 

Authorization Act of 2018, Public Law 

115–282, amended Section 312(p) of the 

Federal Water Pollution Control Act (33 

U.S.C. 1322). Pursuant to 33 U.S.C. 

1322(p)(6)(D)(ii), the Coast Guard 

published a draft policy letter in the 

Federal Register on July 31, 2019 (84 FR 

37330), receiving 38 submissions to the 

docket. 

The final policy letter is issued 

pursuant to 33 U.S.C. 

1322(p)(6)(D)(iv))which requires the 


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