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 


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16132 Federal Register / Vol. 87, No. 55 / Tuesday, March 22, 2022 / Proposed Rules 

edited or removed from https://

www.regulations.gov. The EPA may 

publish any comment received to its 

public docket. Do not electronically 

submit any information you consider to 

be Confidential Business Information 

(CBI) or other information the disclosure 

of which is restricted by statute. 

Multimedia submissions (audio, video, 

etc.) must be accompanied by a written 

comment. The written comment is 

considered the official comment and 

should include discussion of all points 

you wish to make. The EPA will 

generally not consider comments or 

comment contents located outside of the 

primary submission (i.e., on the web, 

cloud, or other file sharing system). For 

additional submission methods, the full 

EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

https://www.epa.gov/dockets/ 

commenting-epa-dockets. 

FOR FURTHER INFORMATION CONTACT: 

Kristin Hall, EPA Region 10, 1200 Sixth 

Avenue, Suite 155, Seattle, WA 98101, 

at (206) 553–6357 or hall.kristin@

epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, the use of 

‘‘we’’ and ‘‘us’’ is intended to refer to 

the EPA. 

Table of Contents 

I. Background 

II. Evaluation 

III. Proposed Action 

IV. Incorporation by Reference 

V. Statutory and Executive Order Reviews 

I. Background 

Section 110 of the Clean Air Act 

specifies the general requirements for 

states to submit SIPs to attain and 

maintain the NAAQS and the EPA’s 

actions on such submissions. To 

efficiently adopt and implement the 

NAAQS and related requirements, Idaho 

incorporates certain Federal regulations 

by reference into the Idaho air rules 

(IDAPA 58.01.01) at IDAPA 

58.01.01.107.03 Incorporation by 

Reference. Idaho then submits some of 

those provisions to the EPA for approval 

and codification into the Code of 

Federal Regulations (CFR) at 40 CFR 

part 52, subpart N (Idaho SIP). When 

Federal regulations are revised, Idaho 

updates the date by which the 

regulations are incorporated by 

reference and submits the updates to the 

EPA for approval. 

II. Evaluation 

The current Idaho SIP incorporates 

the following regulations by reference, 

as of July 1, 2019, at IDAPA 

58.01.01.107.03, paragraphs a through e: 

• National Primary and Secondary 

Ambient Air Quality Standards, 40 CFR 

part 50; 

• Requirements for Preparation, 

Adoption, and Submittal of 

Implementation Plans, 40 CFR part 51, 

with the exception of certain visibilityrelated provisions; 

• Approval and Promulgation of 

Implementation Plans, 40 CFR part 52, 

subparts A and N, and appendices D 

and E; 

• Ambient Air Monitoring Reference 

and Equivalent Methods, 40 CFR part 

53; and 

• Ambient Air Quality Surveillance, 

40 CFR part 58. 

On October 12, 2021, Idaho submitted 

updates to the SIP to incorporate these 

regulations by reference as of July 1, 

2020. Between July 1, 2019 and July 1, 

2020, most of these incorporated 

Federal regulations did not change. 

However, the EPA did revise 40 CFR 

part 52 subpart N to approve three Idaho 

SIP revisions. See 84 FR 45918, 

September 3, 2019; 84 FR 67189, 

December 9, 2019; and 85 FR 9664, 

February 20, 2020. In addition, the EPA 

revised 40 CFR part 58 to delay the 

implement of revised photochemical 

assessment monitoring systems. See 85 

FR 834, January 8, 2020. 

After reviewing the submitted 

updates, we have made the preliminary 

determination that the updates are 

consistent with Clean Air Act 

requirements. 

III. Proposed Action 

The EPA proposes to approve and 

incorporate by reference the updates to 

the Idaho SIP submitted on October 12, 

2021. Upon final approval, the Idaho 

SIP will include IDAPA 

58.01.01.107.03, paragraphs a through e, 

State effective June 17, 2021, which, as 

discussed in section II of this preamble, 

incorporate by reference the specified 

Federal regulations as of July 1, 2020. 

IV. Incorporation by Reference 

In this document, the EPA is 

proposing to include in a final rule, 

regulatory text that includes 

incorporation by reference. In 

accordance with requirements of 1 CFR 

51.5, the EPA is proposing to 

incorporate by reference the provisions 

described in section III of this preamble. 

The EPA has made, and will continue 

to make, these documents generally 

available through https://

www.regulations.gov and at the EPA 

Region 10 Office (please contact the 

person identified in the FOR FURTHER

INFORMATION CONTACT section of this 

preamble for more information). 

V. Statutory and Executive Order 

Reviews 

Under the Clean Air Act, the 

Administrator is required to approve a 

SIP submission that complies with the 

provisions of the Clean Air Act and 

applicable Federal regulations. 42 

U.S.C. 7410(k); 40 CFR 52.02(a). Thus, 

in reviewing SIP submissions, the EPA’s 

role is to approve State choices, 

provided that they meet the criteria of 

the Clean Air Act. Accordingly, this 

proposed action merely approves State 

law as meeting Federal requirements 

and does not impose additional 

requirements beyond those imposed by 

State law. For that reason, this proposed 

action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Orders 12866 (58 FR 51735, 

October 4, 1993) and 13563 (76 FR 3821, 

January 21, 2011); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of the requirements would 

be inconsistent with the Clean Air Act; 

and 

• Does not provide the EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this proposed rulemaking 

would not apply on any Indian 

reservation land or in any other area in 


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Federal Register / Vol. 87, No. 55 / Tuesday, March 22, 2022 / Proposed Rules 16133 

Idaho where the EPA or an Indian tribe 

has demonstrated that a tribe has 

jurisdiction. In those areas of Indian 

country, the proposed rule would not 

have tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Ozone, Particulate matter, Reporting 

and recordkeeping requirements, Sulfur 

oxides, Volatile organic compounds. 

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

Dated: March 15, 2022. 

Michelle L. Pirzadeh, 

Acting Regional Administrator, Region 10. 

[FR Doc. 2022–05847 Filed 3–21–22; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 174 and 180 

[EPA–HQ–OPP–2022–0161; FRL–9410–11– 

OCSPP] 

Receipt of Pesticide Petitions Filed for 

Residues of Pesticide Chemicals in or 

on Various Commodities—February 

2022 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notifictions of filing of petitions 

and request for comment. 

SUMMARY: This document announces the 

Agency’s receipt of initial filings of 

pesticide petitions requesting the 

establishment or modification of 

regulations for residues of pesticide 

chemicals in or on various commodities. 

DATES: Comments must be received on 

or before April 21, 2022. 

ADDRESSES: Submit your comments, 

identified by docket identification (ID) 

number and the pesticide petition (PP) 

of interest as shown in the body of this 

document, through the Federal 

eRulemaking Portal at https://

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Do not submit electronically any 

information you consider to be 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. Additional 

instructions on commenting or visiting 

the docket, along with more information 

about dockets generally, is available at 

https://www.epa.gov/dockets. 

Due to the public health concerns 

related to COVID–19, the EPA Docket 

Center (EPA/DC) and Reading Room is 

open to visitors by appointment only. 

For the latest status information on 

EPA/DC services and access, visit 

https://www.epa.gov/dockets. 

FOR FURTHER INFORMATION CONTACT: 

Charles Smith, Biopesticides and 

Pollution Prevention Division (BPPD) 

(7511P), main telephone number: (202) 

566–2427, email address: 

BPPDFRNotices@epa.gov; or Marietta 

Echeverria, Registration Division (RD) 

(7505P), main telephone number: (703) 

305–7090, email address: 

RDFRNotices@epa.gov. The mailing 

address for each contact person: Office 

of Pesticide Programs, Environmental 

Protection Agency, 1200 Pennsylvania 

Ave. NW, Washington, DC 20460–0001. 

As part of the mailing address, include 

the contact person’s name, division, and 

mail code. The division to contact is 

listed at the end of each application 

summary. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this action apply to me? 

You may be potentially affected by 

this action if you are an agricultural 

producer, food manufacturer, or 

pesticide manufacturer. The following 

list of North American Industrial 

Classification System (NAICS) codes is 

not intended to be exhaustive, but rather 

provides a guide to help readers 

determine whether this document 

applies to them. Potentially affected 

entities may include: 

• Crop production (NAICS code 111). 

• Animal production (NAICS code 

112). 

• Food manufacturing (NAICS code 

311). 

• Pesticide manufacturing (NAICS 

code 32532). 

B. What should I consider as I prepare 

my comments for EPA? 

1. Submitting CBI. Do not submit this 

information to EPA through 

regulations.gov or email. Clearly mark 

the part or all of the information that 

you claim to be CBI. For CBI 

information in a disk or CD–ROM that 

you mail to EPA, mark the outside of the 

disk or CD–ROM as CBI and then 

identify electronically within the disk or 

CD–ROM the specific information that 

is claimed as CBI. In addition to one 

complete version of the comment that 

includes information claimed as CBI, a 

copy of the comment that does not 

contain the information claimed as CBI 

must be submitted for inclusion in the 

public docket. Information so marked 

will not be disclosed except in 

accordance with procedures set forth in 

40 CFR part 2. 

2. Tips for preparing your comments. 

When preparing and submitting your 

comments, see the commenting tips at 

https://www.epa.gov/dockets/ 

comments.html. 

3. Environmental justice. EPA seeks to 

achieve environmental justice, the fair 

treatment and meaningful involvement 

of any group, including minority and/or 

low-income populations, in the 

development, implementation, and 

enforcement of environmental laws, 

regulations, and policies. To help 

address potential environmental justice 

issues, the Agency seeks information on 

any groups or segments of the 

population who, as a result of their 

location, cultural practices, or other 

factors, may have atypical or 

disproportionately high and adverse 

human health impacts or environmental 

effects from exposure to the pesticides 

discussed in this document, compared 

to the general population. 

II. What action is the Agency taking? 

EPA is announcing receipt of 

pesticide petitions filed under section 

408 of the Federal Food, Drug, and 

Cosmetic Act (FFDCA), 21 U.S.C. 346a, 

requesting the establishment or 

modification of regulations in 40 CFR 

part 174 or 180 for residues of pesticide 

chemicals in or on various food 

commodities. The Agency is taking 

public comment on the requests before 

responding to the petitioners. EPA is not 

proposing any particular action at this 

time. EPA has determined that the 

pesticide petitions described in this 

document contain data or information 

prescribed in FFDCA section 408(d)(2), 

21 U.S.C. 346a(d)(2); however, EPA has 

not fully evaluated the sufficiency of the 

submitted data at this time or whether 

the data supports granting of the 

pesticide petitions. After considering 

the public comments, EPA intends to 

evaluate whether and what action may 

be warranted. Additional data may be 

needed before EPA can make a final 

determination on these pesticide 

petitions. 

Pursuant to 40 CFR 180.7(f), 

summaries of the petitions that are the 

subject of this document, prepared by 

the petitioners, are included in dockets 

EPA has created for these rulemakings. 

The dockets for these petitions are 

available at https://

www.regulations.gov. 

As specified in FFDCA section 

408(d)(3), 21 U.S.C. 346a(d)(3), EPA is 

publishing notice of the petitions so that 

the public has an opportunity to 

comment on these requests for the 

establishment or modification of 

regulations for residues of pesticides in 

or on food commodities. Further 


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