Federal Register / Vol. 87, No. 65 / Tuesday, April 5, 2022 / Rules and Regulations 19627 

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 encompassing the width of the 

Upper Mississippi River at MM 172.0– 

172.3. It is categorically excluded from 

further review under paragraph L60 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.T08–0224 to read as 

follows: 

§ 165.T08–0224 Safety Zone; Mississippi 

River, Mile Markers 172.0–172.3, St. Louis, 

MO. 

(a) Location. The following area is a 

safety zone: All navigable waters within 

Upper Mississippi River Mile Markers 

(MM) 172.0–172.3. 

(b) Effective period. This section is 

effective without actual notice from 

April 5, 2022, through May 1, 2022. For 

the purposes of enforcement, actual 

notice will be provided from March 30, 

2022, through April 5, 2022. 

(c) Regulations. (1) In accordance with 

the general safety zone regulations in 

§ 165.23, entry of persons or vessels into 

this safety zone described in paragraph 

(a) of this section is prohibited unless 

authorized by the Captain of the Port 

Sector Upper Mississippi River (COTP) 

or a designated representative. A 

designated representative is a 

commissioned, warrant, or petty officer 

of the U.S. Coast Guard (USCG) assigned 

to units under the operational control of 

USCG Sector Upper Mississippi River. 

(2) To seek permission to enter, 

contact the COTP or a designated 

representative via VHF–FM channel 16, 

or through USCG Sector Upper 

Mississippi River at 314–269–2332. 

Persons and vessels permitted to enter 

the safety zone must comply with all 

lawful orders or directions issued by the 

COTP or designated representative 

(d) Informational broadcasts. The 

COTP or a designated representative 

will inform the public of the effective 

period for the safety zone as well as any 

changes in the dates and times of 

enforcement, as well as reductions in 

size or scope of the safety zone as ice 

or flood conditions improve, through 

Local Notice to Mariners (LNMs), 

Broadcast Notices to Mariners (BNMs), 

and/or Safety Marine Information 

Broadcast (SMIB) as appropriate. 

Dated: March 30, 2022. 

R.M. Scott, 

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

Port Sector Upper Mississippi River. 

[FR Doc. 2022–07070 Filed 4–4–22; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2022–0229] 

RIN 1625–AA00 

Safety Zone; Tennessee River, 

Chattanooga, TN 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

all navigable waters of the Tennessee 

River on mile marker (MM) 464.0 to 

464.5. The safety zone is needed to 

protect personnel, vessels, and the 

marine environment from potential 

hazards created by Vision Hospitality 

25th Anniversary Fireworks. Entry of 

vessels or persons into this zone is 

prohibited unless specifically 

authorized by the Captain of the Port 

Sector Ohio Valley or a designated 

representative. 

DATES: This rule is effective from 9:30 

p.m. through 10:30 p.m. on 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– 

0229 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 Third Class Joshua 

Rehl, Marine Safety Detatchment 

Nashville, U.S. Coast Guard; telephone 

615–736–5421, email Joshua.M.Rehl@

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 


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19628 Federal Register / Vol. 87, No. 65 / Tuesday, April 5, 2022 / Rules and Regulations 

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 because it is 

impracticable . We must establish this 

safety zone immediately and lack 

sufficient time to provide a reasonable 

comment period and then consider 

those comments before issuing the rule. 

III. Legal Authority and Need for Rule 

The Coast Guard is issuing this rule 

under authority in 46 U.S.C. 70034 

(previously 33 U.S.C. 1231). The 

Captain of the Port Sector Ohio Valley 

(COTP) has determined that potential 

hazards associated with the Vision 

Hospitality Group 25th Anniversary 

Fireworks starting April 21, 2022, will 

be a safety concern for anyone within 

mile marker 464.0 to 464.5 on the 

Tennessee River. This rule is needed to 

protect personnel, vessels, and the 

marine environment in the navigable 

waters within the safety zone during the 

firework display. 

IV. Discussion of the Rule 

This rule establishes a temporary 

safety zone from 9:30 p.m. until 10:30 

p.m. on April 21, 2022. The safety zone 

will cover all navigable waters between 

Mile Marker (MM) 464.0 to 464.5 on the 

Tennessee River, extending the entire 

width of the river. The duration of the 

zone is intended to protect personnel, 

vessels, and the marine environment in 

these navigable waters while the 

fireworks display is occuring. No vessel 

or person will be permitted to enter the 

safety zone without obtaining 

permission from the COTP or a 

designated representative. A designated 

representative is a commissioned, 

warrant, or petty officer of the U.S. 

Coast Guard assigned to units under the 

operational control of USCG Sector 

Ohio Valley. 

Vessels requiring entry into this safety 

zone must request permission from the 

COTP or a designated representative. To 

seek entry into the safety zone, contact 

the COTP or the COTP’s representative 

by telephone at 502–779–5422 or on 

VHF–FM channel 16. 

Persons and vessels permitted to enter 

this safety zone must transit at their 

slowest safe speed and comply with all 

lawful directions issued by the COTP or 

the designated representative. 

The COTP or a designated 

representative will inform the public 

through Broadcast Notices to Mariners 

(BNMs), Local Notices to Mariners 

(LNMs), and Marine Safety Information 

Bulletins (MSIBs) about this safety zone, 

enforcement period, as well as any 

changes in the dates and times of 

enforcement. 

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, duration, 

and time-of-day of the safety zone. This 

safety zone restricts transit on a point 

five segment of the Tennessee River for 

1 hour on one day. Moreover, the Coast 

Guard would issue Broadcast Notices to 

Mariners (BNMs), Local Notices to 

Mariners (LNMs), and Marine Safety 

Information Bulletins (MSIBs) about this 

safety zone so that waterway users may 

plan accordingly for this short 

restriction on transit, and the rule 

allows vessels to request permission to 

enter the zone. 

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 


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Federal Register / Vol. 87, No. 65 / Tuesday, April 5, 2022 / Rules and Regulations 19629 

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 only 1 hour that will 

prohibit entry between MM 464.0 to 

464.5 on the Tennessee River for the 

fireworks display. It is categorically 

excluded from further review under 

paragraph L60 of Appendix A, Table 1 

of DHS Instruction Manual 023–01– 

001–01, Rev. 1. Due to the emergency 

nature of this rulemaking, a Record of 

Environmental Consideration is not 

required. 

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. 0170.1., Revision No. 01.2.Inserting 

required closing tag for E. 

■ 2. Add § 165.T08–0223 to read as 

follows: 

§ 165.T08–0223 Safety Zone; Tennessee 

River, Chattanooga, TN. 

(a) Location. The following area is a 

safety zone: All navigable waters of the 

Tennessee River, Mile Markers 464.0 to 

464.5, extending the entire width of the 

river. 

(b) Periods of enforcement. This 

section will be enforced from 9:30 p.m. 

through 10:30 p.m. on April 21, 2022. 

(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 Captain 

of the Port Sector Ohio Valley (COTP) 

or the COTP’s designated representative. 

A designated representative is a 

commissioned, warrant, or petty officer 

of the U.S. Coast Guard assigned to 

units under the operational control of 

USCG Sector Ohio Valley. 

(2) Vessels requiring entry into this 

safety zone must request permission 

from the COTP or a designated 

representative. To seek entry into the 

safety zone, contact the COTP or the 

COTP’s representative by telephone at 

502–779–5422 or on VHF–FM channel 

16. 

(3) Persons and vessels permitted to 

enter this safety zone must transit at 

their slowest safe speed and comply 

with all lawful directions issued by the 

COTP or the designated representative. 

(d) Informational broadcasts. The 

COTP or a designated representative 

will inform the public through 

Broadcast Notices to Mariners (BNMs), 

Local Notices to Mariners (LNMs), and 

Marine Safety Information Bulletins 

(MSIBs) about this safety zone, 

enforcement period, as well as any 

changes in the dates and times of 

enforcement. 

Dated: March 30, 2022. 

A.M. Beach, 

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

Port Sector Ohio Valley. 

[FR Doc. 2022–07156 Filed 4–4–22; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2021–0638; FRL–9101–02– 

R9] 

Clean Air Plans; Base Year Emissions 

Inventories for the 2015 Ozone 

Standards; Arizona; Phoenix-Mesa and 

Yuma Nonattainment Areas 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving, under the 

Clean Air Act (CAA), revisions to the 

Arizona state implementation plan (SIP) 

concerning the base year emissions 

inventory requirements for the PhoenixMesa ozone nonattainment area 

(‘‘Phoenix-Mesa’’) and Yuma ozone 

nonattainment area (‘‘Yuma’’) for the 

2015 ozone national ambient air quality 

standards (NAAQS). 

DATES: This rule is effective May 5, 

2022. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–R09–OAR–2021–0638. 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. If 

you need assistance in a language other 

than English or if you are a person with 

disabilities who needs a reasonable 

accommodation at no cost to you, please 

contact the person identified in the FOR

FURTHER INFORMATION CONTACT section. 

FOR FURTHER INFORMATION CONTACT: Ben 

Leers, Air Planning Office (AIR–2), EPA 

Region IX, (415) 947–4279, leers.ben@

epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, ‘‘we,’’ ‘‘us,’’ 

and ‘‘our’’ refer to the EPA. 

Table of Contents 

I. Proposed Action 

II. Public Comments and EPA Responses 

III. EPA Action 

IV. Statutory and Executive Order Reviews 

I. Proposed Action 

On July 8, 2020, the Arizona 

Department of Environmental Quality 

(ADEQ) submitted a revision to the 

Arizona SIP titled ‘‘Maricopa 

Association of Governments (MAG) 

2020 Eight-Hour Ozone Plan’’ (‘‘2020 

Phoenix-Mesa SIP Submittal’’). The 

2020 Phoenix-Mesa SIP Submittal 

includes a 2017 baseline emissions 

inventory for Phoenix-Mesa developed 

by the Maricopa Association of 

Governments. On December 22, 2020, 

ADEQ submitted a revision to the 

Arizona SIP titled ‘‘Marginal Ozone 


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