18272 Federal Register / Vol. 87, No. 61 / Wednesday, March 30, 2022 / Rules and Regulations 

■ a. Adding an introductory note; and 

■ b. Revising section 2.1.1; 

The addition and revision read as 

follows: 

Appendix I to Subpart B of Part 430— 

Uniform Test Method for Measuring the 

Energy Consumption of Cooking 

Products 

Note: After September 26, 2022, 

representations made with respect to the 

energy use of microwave ovens must fairly 

disclose the results of testing pursuant to this 

appendix. 

On or after April 29, 2022 and prior to 

September 26, 2022 representations, 

including compliance certifications, made 

with respect to the energy use of microwave 

ovens must fairly disclose the results of 

testing pursuant to either this appendix or 

appendix I as it appeared at 10 CFR part 430, 

subpart B, in the 10 CFR parts 200 to 499 

edition revised as of January 1, 2020. 

Representations made with respect to the 

energy use of microwave ovens within that 

range of time must fairly disclose the results 

of testing under the selected version. Given 

that after September 26, 2022 representations 

with respect to the energy use of microwave 

ovens must be made in accordance with tests 

conducted pursuant to this appendix, 

manufacturers may wish to begin using this 

test procedure as soon as possible. 

* * * * * 

2.1.1 Microwave ovens, excluding any 

microwave oven component of a combined 

cooking product. Install the microwave oven 

in accordance with the manufacturer’s 

instructions and connect to an electrical 

supply circuit with voltage as specified in 

section 2.2.1 of this appendix. Install the 

microwave oven in accordance with Section 

5, Paragraph 5.2 of IEC 62301 (Second 

Edition) (incorporated by reference; see 

§ 430.3), disregarding the provisions 

regarding batteries and the determination, 

classification, and testing of relevant modes. 

If the microwave oven can communicate 

through a network (e.g., Bluetooth® or 

internet connection), disable the network 

function, if it is possible to disable it by 

means provided in the manufacturer’s user 

manual, for the duration of testing. If the 

network function cannot be disabled, or 

means for disabling the function are not 

provided in the manufacturer’s user manual, 

test the microwave oven with the network 

function in the factory default setting or in 

the as-shipped condition as instructed in 

Section 5, paragraph 5.2 of IEC 62301 

(Second Edition). Configure the unit such 

that the clock display remains on during 

testing, regardless of manufacturer’s 

instructions or default setting or supplied 

setting, unless the clock display powers 

down automatically with no option for the 

consumer to override this function. Install a 

watt meter in the circuit that meets the 

requirements of section 2.8.1.2 of this 

appendix. 

* * * * * 

[FR Doc. 2022–06451 Filed 3–29–22; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2022–0093] 

RIN 1625–AA00 

Safety Zone; Atlantic Intracoastal 

Waterway, Swansboro, 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 

Intracoastal Waterway (AICW) and 

Queen Creek near Swansboro, Onslow 

County, NC. The safety zone is 

necessary to enhance the safety of 

mariners and participants during a 

mass-rescue training exercise. 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 from 8 a.m. 

April 19, 2022, through 4 p.m. April 21, 

2022. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2022– 

0093 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. It would be 

impracticable and contrary to the public 

interest to publish an NPRM because we 

must establish this safety zone by April 

19, 2022, to protect persons, vessels, 

and participants against the hazards 

associated with operations during the 

full-scale training exercise. This 

exercise involves both surface vessels 

and aircraft and will simulate search 

and rescue operations for persons in the 

water and other areas on land at 

different points within the designated 

area. Due to the dynamic nature of this 

exercise, non-participants should stay 

clear of the area. 

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 

public interest because immediate 

action is needed to protect persons, 

vessels, and participants against the 

hazards associated with operations 

during the mass-rescue training 

exercise. 

III. Legal Authority and Need for Rule 

The Coast Guard is issuing this rule 

under authority in 46 U.S.C. 70034. The 

Captain of the Port North Carolina 

(COTP) has determined potential 

hazards associated with operations 

during a planned mass rescue training 

exercise starting April 19, 2022, is a 

safety concern for anyone transiting the 

designated training area of the AlCW 

and Queen Creek in the vicinity of 

Hammocks Beach State Park in Onslow 

County, NC, because the training will 

involve persons in the water. This rule 

is necessary to protect persons, vessels, 

and participants from the hazards 

associated with the full scale mass 

rescue operations training exercise. 

IV. Discussion of the Rule 

This rule establishes a safety zone 

April 19–21, 2022, to be enforced from 

8 a.m. through 4 p.m. daily. The safety 

zone will include all navigable waters of 

Queen Creek, Parrot Swamp, the 

Atlantic Intracoastal Waterway (AICW), 

Bogue Sound, and White Oak River 

within a line between the following 

latitudes and longitudes: starting at 

Queen Creek Road Bridge at N 

34°41′03′′, W 077°10′17′′; then Southeast 

along the shoreline to N 34°40′38′′, W 

077°09′47′′; then Southwest to N 

34°40′20′′, W 077°10′10′′; then Southeast 


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Federal Register / Vol. 87, No. 61 / Wednesday, March 30, 2022 / Rules and Regulations 18273 

to N 34°40′06′′, W 077°09′51′′; then 

Northeast to N 34°40′21′′, W 077°09′37′′; 

then Southeast to the AICW at N 

34°39′51′′, W 077°09′07′′; then 

Southwest along the shoreline to N 

34°39′12′′, W 077°09′52′′; then 

Southwest to N 34°38′41′′, W 

077°09′32′′; then Northeast to Bogue 

Sound Daybeacon 45B at N 34°40′32′′, 

W 077°06′26′′; then Northwest to the 

White Oak River Bridge at N 34°41′15′′, 

W 077°07′02′′; then Southwest to 

Hammocks Beach State Park at N 

34°40′11′′, W 077°08′36′′; then 

Northwest to Queen Creek Road Bridge 

at N 34°41′15′′, W 077°10′03′′; then 

Southwest to the point of origin. Due to 

the location of the exercise, the safety 

zone will close a portion of the AICW, 

Queen Creek, and other waters in the 

vicinity to vessel traffic. This area is 

typically used by recreational boaters. 

No vessel or person will be permitted to 

enter the safety zone without obtaining 

permission from the COTP or a 

designated representative while the 

zone is being enforced. To request 

permission to transit the area, mariners 

can contact Coast Guard Sector North 

Carolina Command Center at telephone 

number (910) 343–3882 or on-scene 

representatives on VHF–FM marine 

band radio channel 16 (156.8 MHz). 

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 size, location, and 

duration of the safety zone, which will 

impact a designated area of the AICW 

and Queen Creek in Onslow County, 

NC. Vessel traffic will not be able to 

safely transit around this safety zone. 

However, the eight hour enforcement 

periods should not overly burden any 

vessel or entity because it is not an area 

normally used for commercial vessel 

traffic and recreational vessel traffic is 

lower at this time of the year. The Coast 

Guard will issue a Broadcast Notice to 

Mariners about the safety zone and this 

rule to notify vessels in the region of the 

establishment of this regulation. The 

rule also allows vessels to request 

permission from the COTP or a 

designated representative to enter the 

zone if necessary. 

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 lasting eight hours on two 

consecutive days that prohibits entry 

into portions of Queen Creek, Parrot 

Swamp, the Atlantic Intracoastal 

Waterway (AICW), Bogue Sound, and 

White Oak River in the vicinity of 

Hammocks Beach Park in Onslow 

County, NC. It is categorically excluded 

from further review under paragraph 

L60(a) of Appendix A, Table 1 of DHS 

Instruction Manual 023–01–001–01, 


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18274 Federal Register / Vol. 87, No. 61 / Wednesday, March 30, 2022 / Rules and Regulations 

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.T05–0093 to read as 

follows: 

§ 165.T05–0093 Safety Zone; Atlantic 

Intracoastal Waterway, Swansboro, NC 

(a) Definitions. For the purposes of 

this section— 

Captain of the Port means the 

Commander, Coast Guard Sector North 

Carolina. 

Representative means any Coast 

Guard commissioned, warrant or petty 

officer who has been authorized to act 

on the behalf of the Captain of the Port. 

Participant means an individual or 

vessel involved with the training 

exercise. 

(b) Location. The following area is a 

safety zone: All navigable waters of 

Queen Creek, Parrot Swamp, the 

Atlantic Intracoastal Waterway (AICW), 

Bogue Sound, and White Oak River 

within a line between the following 

latitudes and longitudes: starting at 

Queen Creek Road Bridge at N 

34°41′03′′, W 077°10′17′′; then Southeast 

along the shoreline to N 34°40′38′′, W 

077°09′47′′; then Southwest to N 

34°40′20′′, W 077°10′10′′; then Southeast 

to N 34°40′06′′, W 077°09′51′′; then 

Northeast to N 34°40′21′′, W 077°09′37′′; 

then Southeast to the AICW at N 

34°39′51′′, W 077°09′07′′; then 

Southwest along the shoreline to N 

34°39′12′′, W 077°09′52′′; then 

Southwest to N 34°38′41′′, W 

077°09′32′′; then Northeast to Bogue 

Sound Daybeacon 45B at N 34°40′32′′, 

W 077°06′26′′; then Northwest to the 

White Oak River Bridge at N 34°41′15′′, 

W 077°07′02′′; then Southwest to 

Hammocks Beach State Park at N 

34°40′11′′, W 077°08′36′′; then 

Northwest to Queen Creek Road Bridge 

at N 34°41′15′′, W 077°10′03′′; then 

Southwest to the point of origin. 

(c) Regulations. (1) The general 

regulations governing safety zones in 

§ 165.23 apply to the area described in 

paragraph (b) of this section. 

(2) With the exception of the 

participants, entry into or remaining in 

this safety zone is prohibited unless 

authorized by the COTP North Carolina 

or a designated representative. 

(3) All vessels within this safety zone 

when this section becomes effective 

must depart the zone immediately. 

(4) The COTP North Carolina can be 

reached through the Coast Guard Sector 

North Carolina Command Duty Officer, 

Wilmington, North Carolina, at 

telephone· number 910–343–3882. 

(5) The Coast Guard can be contacted 

on VHF–FM marine band radio channel 

13 (165.65 MHz) and channel 16 (156.8 

MHz). 

(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 8 a.m. through 4 p.m. 

each day from April 19, 2022, through 

April 21, 2022. 

Dated: March 23, 2022. 

Matthew J. Baer, 

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

Port North Carolina. 

[FR Doc. 2022–06715 Filed 3–29–22; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R01–OAR–2022–0089; FRL–9546–02– 

R1] 

Air Plan Approval; Connecticut; 

Negative Declaration for the Oil and 

Gas Industry 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final action. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving a State 

Implementation Plan (SIP) revision 

submitted by the State of Connecticut. 

The revision provides the State’s 

determination, via a negative 

declaration, that there are no facilities 

within its borders subject to EPA’s 2016 

Control Technique Guideline (CTG) for 

the oil and gas industry. The intended 

effect of this action is to approve this 

item into the Connecticut SIP. This 

action is being taken under the Clean 

Air Act. 

DATES: This final action is effective on 

April 29, 2022. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R01–OAR– 

2022–0089. 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, i.e., 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 at https://

www.regulations.gov or at the U.S. 

Environmental Protection Agency, EPA 

Region 1 Regional Office, Air and 

Radiation Division, 5 Post Office 

Square—Suite 100, Boston, MA. EPA 

requests that if at all possible, you 

contact the contact 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 legal holidays and 

facility closures due to COVID–19. 

FOR FURTHER INFORMATION CONTACT: Eric 

Rackauskas, Air Quality Branch, U.S. 

Environmental Protection Agency, EPA 

Region 1, 5 Post Office Square—Suite 

100, (Mail code 05–2), Boston, MA 

02109–3912, tel. (617) 918–1628, email 

rackauskas.eric@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

EPA. 

Table of Contents 

I. Background and Purpose 

II. Final Action 

III. Statutory and Executive Order Reviews 

I. Background and Purpose 

On February 9, 2022 (87 FR 7410), 

EPA published a notice of proposed 

rulemaking (NPRM) for the State of 

Connecticut. 

The NPRM proposed approval of a 

SIP revision by the Connecticut 

Department of Energy and 

Environmental Protection (DEEP) that 


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