Federal Register / Vol. 87, No. 62 / Thursday, March 31, 2022 / Proposed Rules 18757 

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 Columbia River 

(COTP) in the enforcement of the safety 

zone. 

Participant means all persons and 

vessels registered with the event 

sponsor as a participant in the race. 

(c) Regulations. 

(1) Under the general safety zone 

regulations in subpart C of this part, all 

non-participants 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 calling (503) 209–2468 

or the Sector Columbia River Command 

Center on Channel 16 VHF–FM. 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. 

(3) The COTP will provide notice of 

the regulated area through advanced 

notice via broadcast notice to mariners 

and by on-scene designated 

representatives. 

(d) Enforcement periods. This section 

will be enforced from 7:30 a.m. until 

7:30 p.m. on June 24, June 25, and June 

26, 2022. It will be subject to 

enforcement this entire period unless 

the COTP determines it is no longer 

needed, in which case the Coast Guard 

will inform mariners via Notice to 

Mariners. 

Dated: March 24, 2022. 

M. Scott Jackson, 

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

Port Sector Columbia River. 

[FR Doc. 2022–06790 Filed 3–30–22; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2022–0140] 

RIN 1625–AA00 

Safety Zone; Columbia River, 

Vancouver, WA 

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 the Columbia River. 

This action is necessary to provide for 

the safety of life on these navigable 

waters near Vancouver, WA during a 

high-speed hydroplane boat testing 

event on May 20, 2022. This proposed 

rulemaking would prohibit persons and 

vessels from being in the safety zone 

unless authorized by the Captain of the 

Port Columbia River or a designated 

representative. We invite your 

comments on this proposed rulemaking. 

DATES: Comments and related material 

must be received by the Coast Guard on 

or before May 2, 2022. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2022–0140 using the Federal Decision 

Making 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 LT Sean 

Murphy, Waterways Management 

Division, Marine Safety Unit Portland, 

U.S. Coast Guard; telephone 503–240– 

9319, email D13-SMBMSUPortlandWWM@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 

COTP Captain of the Port 

II. Background, Purpose, and Legal 

Basis 

On January 19, 2022, the H1 

Unlimited notified the Coast Guard that 

it will be conducting a hydroplane 

testing event from 9 a.m. to 3 p.m. on 

May 20, 2022. The hydroplane event 

will consist of individual testing of 10 

hydroplane vessels in between the I–5 

and I–205 bridges on the Columbia 

River. The Captain of the Port Columbia 

(COTP) has determined that potential 

hazards associated with the high-speed 

hydroplane boat testing would be a 

safety concern for anyone within the 

regulated area. 

The purpose of this rulemaking is to 

ensure the safety of vessels and the 

navigable waters within the safety zone 

before, during, and after the scheduled 

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 8:30 a.m. to 3:30 p.m. 

on May 20, 2022. The safety zone would 

cover all navigable waters of the 

Columbia River, from surface to bottom, 

starting approximately 700 yards east of 

the I–5 bridge from shoreline to 

shoreline heading east for 

approximately 1.2 miles; specifically 

beginning at the shoreline at 45°36′40.7′′ 

N, 122°40′11.2′′ W, northeast to 

45°37′08.7′′ N, 122°39′53.8′′ W, 

southeast to 45°36′41.3′′ N, 122°38′32.0′′ 

W, thence southwest to 45°36′15.8′′ N, 

122°38′53.0′′ W, and along the shoreline 

back to the beginning point. The 

duration of the safety zone is intended 

to ensure the safety of vessels and these 

navigable waters before, during, and 

after the scheduled 9 a.m. to 3 p.m. 

high-speed hydroplane boat testing. No 

vessel 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 size, location, and the 

duration of the safety zone. The safety 

zone will impact a 1.2 mile stretch of 

the Columbia River during the 

hydroplane boat testing for 7 hours and 

thus is limited in scope. The Coast 

Guard will issue a Broadcase Notice to 

Mariners via VHF–FM marine channel 

16 about the zone and the rule allows 

vessels to seek permission to enter. 

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 


jspears on DSK121TN23PROD with PROPOSALS1
18758 Federal Register / Vol. 87, No. 62 / Thursday, March 31, 2022 / Proposed Rules 

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 proposed 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 

proposed 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. 

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 

potential effects of this proposed 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 7 

hours that would prohibit entry within 

an approximate 1.2 miles of the 

Columbia River for the duration of a 

high-speed hydroplane testing event. 

Normally such actions are categorically 

excluded from further review under 

paragraph L[60a] 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. 

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–2022–0140 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 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, 

Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard is proposing 

to amend 33 CFR part 165 as follows: 


jspears on DSK121TN23PROD with PROPOSALS1
Federal Register / Vol. 87, No. 62 / Thursday, March 31, 2022 / Proposed Rules 18759 

1EPA received the submittal on April 14, 2021, 

and for clarity, refers to the submission per its 

‘‘letter date’’ of April 13, 2021, throughout this 

notice. 

2EPA notes that the Agency received several 

revisions to the North Carolina SIP that were 

transmitted with the same April 13, 2021, cover 

letter. EPA will be considering action for these 

other SIP revisions in separate rulemakings. 

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.T13–0140 to read as 

follows: 

§ 165.T13–0140 Safety Zone; Columbia 

River, Vancouver, WA. 

(a) Location. The following area is a 

safety zone: All navigable waters of the 

Columbia River, from surface to bottom, 

starting approximately 700 yards east of 

the I–5 bridge from shoreline to 

shoreline heading east for 

approximately 1.2 miles; specifically 

beginning at the shoreline at 45°36′40.7′′ 

N, 122°40′11.2′′ W, northeast to 

45°37′08.7′′ N, 122°39′53.8′′ W, 

southeast to 45°36′41.3′′ N, 122°38′32.0′′ 

W, thence southwest to 45°36′15.8′′ N, 

122°38′53.0′′ W, and along the shoreline 

back to the beginning point. 

(b) Definitions. As used in this section 

Designated representative means a Coast 

Guard Patrol Commander, 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 

COTP in the enforcement of the 

regulations in this section. 

Participant means all persons and 

vessels registered with the event 

sponsor as a participant in the testing 

event. 

(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 calling (503) 209–2468 

or the Sector Columbia River Command 

Center on Channel 16 VHF–FM. 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 period. This section 

will be enforced from 8:30 a.m. until 

3:30 p.m. on May 20, 2022. It will be 

subject to enforcement this entire period 

unless the COTP determines it is no 

longer needed, in which case the Coast 

Guard will inform mariners via Notice 

to Mariners. 

Dated: March 24, 2022. 

M. Scott Jackson, 

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

Port Sector Columbia River. 

[FR Doc. 2022–06786 Filed 3–30–22; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2021–0472; FRL–9646–01– 

R4] 

Air Plan Approval; North Carolina; 

Repeal of Delegation Authority 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve a 

State Implementation Plan (SIP) 

revision submitted by the State of North 

Carolina’s Department of Environmental 

Quality (DEQ), Division of Air Quality 

(DAQ or Division), via a letter dated 

April 13, 2021. This proposed 

rulemaking addresses the repeal of a 

State regulation related to delegation of 

authority and removal of the regulation 

from the North Carolina SIP. EPA is 

proposing to approve these changes 

pursuant to the Clean Air Act (CAA or 

Act). 

DATES: Comments must be received on 

or before May 2, 2022. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R04– 

OAR–2021–0472 at 

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Once submitted, comments cannot be 

edited or removed from Regulations.gov. 

EPA may publish any comment received 

to its public docket. Do not submit 

electronically any information you 

consider to be Confidential Business 

Information (CBI) or other information 

whose disclosure 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. 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 

www2.epa.gov/dockets/commentingepa-dockets. 

FOR FURTHER INFORMATION CONTACT: 

Andres Febres, 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. The telephone number is (404) 

562–8966. Mr. Febres can also be 

reached via electronic mail at febresmartinez.andres@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On April 13, 2021, the State of North 

Carolina submitted changes to the North 

Carolina SIP for EPA’s approval.1

Specifically, EPA is proposing to 

approve changes to the North Carolina 

SIP related to 15A North Carolina 

Administrative Code (NCAC) 

Subchapter 02D, Rule .0615, 

Delegation.2 The April 13, 2021, SIP 

revision seeks to remove the 

aforementioned regulation from the SIP 

because the regulation is unnecessary 

and has been repealed at the state level. 

II. Analysis of the State’s Submittal 

The April 13, 2021, SIP revision seeks 

to remove 15 NCAC 02D, Rule .0615— 

Delegation, from the North Carolina SIP. 

Rule .0615 provides that the Director of 

the DAQ has the authority to delegate 

his or her administrative and approval 

functions under Section 02D .0600, 

Monitoring: Recordkeeping: Reporting, 

to other officials in the Division. North 

Carolina states in its April 13, 2021, 

submittal that this rule is unnecessary 

and was repealed at the state level. EPA 

is proposing to approve the removal of 

Rule .0615 from the SIP for these 

reasons and because removal will not 

impact emissions or interfere with 

attainment and maintenance of the 

NAAQS or any other applicable 

requirement of the Act. 

III. Incorporation by Reference 

In this document, EPA is proposing to 

include in a final EPA rule amended 

regulatory text that includes 

incorporation by reference. EPA is 

proposing to remove 15A NCAC 02D, 

Rule .0615—Delegation, state effective 

on November 1, 2020, from the North 

Carolina State Implementation Plan, 

which is incorporated by reference in 

accordance with the requirements of 1 


jspears on DSK121TN23PROD with PROPOSALS1