21750 Federal Register / Vol. 87, No. 71 / Wednesday, April 13, 2022 / Rules and Regulations 

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. 

■ 2. Add § 165.T05–0751 to read as 

follows: 

§ 165.T05–0751 Safety Zone; 

Chincoteague Bay, Chincoteague, VA 

(a) Location. The following area is a 

safety zone: All waters of the 

Chincoteague Bay extending 500 yards 

from centerpoint of the wreckage site at 

approximate position 37° 59.27′ N, 075° 

18.75′′ W just north of Wildcat 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 Captain of 

the Port Sector Virginia (COTP) in the 

enforcement of the safety zone. 

(c) Regulations. 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 VHF/FM Chanel 16. 

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 rule will 

be enforced April 7, 2022, through May 

6, 2022, unless an earlier end is 

announced by broadcast notice to 

mariners. 

Dated: April 5, 2022. 

Samson C. Stevens, 

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

Port Sector Virginia. 

[FR Doc. 2022–07656 Filed 4–12–22; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2022–0223] 

RIN 1625–AA00 

Safety Zone; Tennessee River, 

Tuscumbia, AL 

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 from mile marker (MM) 244.0 to 

MM 246.0. The safety zone is needed to 

protect personnel, vessels, and the 

marine environment from potential 

hazards created by TVA imploding the 

Colbert Fossil Plant. 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 represenative. 

DATES: This rule is effective from 6 a.m. 

through 8 a.m. on April 14, 2022. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2022– 

0223 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 

Benjamin Gardner, Marine Safety 

Detachment Nashville, U.S. Coast 

Guard; telephone 615–736–5421, email 

Benjamin.T.Gardner@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 

emergency 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 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 TVA 

Colbert Fossil Plant Implosion will be a 

safety concern for anyone within 2 

miles of the Colbert Plant implosion, 

and is establishing a safety zone from 

mile marker (MM) 244.0 to 246.0 on the 

Tennessee River. This rule is needed to 

protect personnel, vessels, and the 

marine environment in the navigable 

waters for the duration of the fiber line 

installation. 

IV. Discussion of the Rule 

This rule establishes an emergency 

safety zone from 6 a.m. until 8 a.m. on 

April 14, 2022. The safety zone will 

cover all navigable waters between Mile 

Marker (MM) 244.0 to 246.0 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 TVA is 

imploding the Colbert Fossil Plant. 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. 


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Federal Register / Vol. 87, No. 71 / Wednesday, April 13, 2022 / Rules and Regulations 21751 

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 two 

mile segment of the Tennessee River for 

2 hours 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 

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 2 hours that will 

prohibit entry between MM 244.0 to 

246.0 on the Tennessee River to 

implode the Colbert Fossil Plant. 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. 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. 0170.1, Revision No. 01.2. 

■ 2. Add § 165.T08–0223 to read as 

follows: 

§ 165.T08–0223 Safety Zone; Tennessee 

River, Tuscumbia, AL. 

(a) Location. The following area is a 

safety zone: All navigable waters of the 

Tennessee River, Mile Markers 244.0 to 

246.0, extending the entire width of the 

river. 

(b) Periods of enforcement. This 

section will be enforced from 6 a.m. 

through 8 a.m. on April 14, 2022. and 

(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 


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21752 Federal Register / Vol. 87, No. 71 / Wednesday, April 13, 2022 / Rules and Regulations 

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: April 4, 2022. 

A.M. Beach, 

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

Port Sector Ohio Valley. 

[FR Doc. 2022–07818 Filed 4–12–22; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2021–0727; FRL–9552–02– 

R3] 

Approval and Promulgation of Air 

Quality Implementation Plans; District 

of Columbia, Maryland, and Virginia; 

2017 Base Year Emissions Inventories 

for the Washington, DC-MD-VA 

Nonattainment Area for the 2015 

Ozone National Ambient Air Quality 

Standard 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving state 

implementation plan (SIP) revisions 

submitted by the District of Columbia 

(DC), State of Maryland (MD), and 

Commonwealth of Virginia (VA) 

(collectively, the States). The revisions 

consist of the base year inventory for the 

Washington, DC-MD-VA nonattainment 

area (the DC Area) for the 2015 ozone 

national ambient air quality standards 

(NAAQS). This action is being taken 

under the Clean Air Act (CAA). 

DATES: This final rule is effective May 

13, 2022. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

Number EPA–R03–OAR–2021–0727. 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: 

Michael O’Shea, Planning & 

Implementation Branch (3AD30), Air & 

Radiation Division, U.S. Environmental 

Protection Agency, Region III, 1650 

Arch Street, Philadelphia, Pennsylvania 

19103. The telephone number is (215) 

814–2064. Dr. O’Shea can also be 

reached via electronic mail at 

OShea.Michael@epa.gov. 

SUPPLEMENTARY INFORMATION: On 

October 7, 2020, the Maryland 

Department of the Environment (MDE) 

submitted a revision to the Maryland 

SIP entitled, ‘‘SIP–20–04 2017 Base Year 

Inventory for the Washington, DC–MD– 

VA 2015 Ozone NAAQS Nonattainment 

Area.’’ This revision is referred to as the 

‘‘MD submittal’’ in this rule. On 

November 4, 2020, the District of 

Columbia Department of Energy and 

Environment (DOEE), submitted a 

revision to the DC SIP entitled, ‘‘DC 

2015 Ozone NAAQS Attainment Plan 

Base Year Inventory.’’ This revision is 

referred to as the ‘‘DC submittal’’ in this 

rule. On December 11, 2020, the 

Virginia Department of Environmental 

Quality (VADEQ) submitted a revision 

to the Virginia SIP entitled, ‘‘8-Hour 

Ozone (2015 Standard)—Washington 

Attainment Plan ‘ VA_2017O3BYEI_

12112020.’ ’’ This revision is referred to 

as the ‘‘VA submittal’’ in this rule. The 

individual state SIP revisions, referred 

to collectively in this rule action as the 

‘‘DC Area base year inventory SIPs,’’ 

address the base year inventory 

requirement for the DC Area for the 

2015 ozone NAAQS. 

I. Background 

On February 24, 2022 (87 FR 10318), 

EPA published a notice of proposed 

rulemaking (NPRM) for the States. In the 

NPRM, EPA proposed approval of the 

DC Area base year inventory SIPs. The 

formal SIP revisions were submitted by 

MD on October 7, 2020, DC on 

November 4, 2020, and VA on December 

11, 2020. 

On October 1, 2015, EPA strengthened 

the 8-hour ozone NAAQS, lowering the 

level of the NAAQS from 0.075 ppm 

parts per million (ppm) to 0.070 ppm. 

80 FR 65292 (October 26, 2015). 

Effective August 3, 2018, EPA 

designated the following jurisdictions in 

the DC Area as marginal nonattainment 

for the 2015 ozone NAAQS: District of 

Columbia; Calvert, Charles, Frederick, 

Montgomery, and Prince George’s 

Counties in MD; and Arlington, Fairfax, 

Loudoun, and Prince William Counties 

and Alexandria, Fairfax, Falls Church, 

Manassas, and Manassas Park Cities in 

VA. 83 FR 25776 (June 4, 2018). CAA 

section 182(a)(1) requires ozone 

nonattainment areas classified as 

marginal or above to submit a 

comprehensive, accurate, current 

inventory of actual emissions from all 

emissions sources in the nonattainment 

area, known as a ‘‘base year inventory.’’ 

The DC Area base year inventory SIPs 

address a base year inventory 

requirement for the DC Area. 

II. Summary of SIP Revision and EPA 

Analysis 

A. EPA’s Evaluation of the DC Area 

Base Year Inventory SIPs 

EPA’s review of the DC Area base year 

inventory SIPs indicate that they meet 

the base year inventory requirements for 

the 2015 ozone NAAQS. 

EPA prepared a technical support 

document (TSD) for each state’s 

submittal in support of this rule. In 

those TSDs, EPA reviewed the results, 

procedures, and methodologies for the 

SIP base year, and found them to be 

acceptable and developed in accordance 

with EPA’s technical guidance. EPA’s 

TSDs for the individual state SIPs are 

available online at http://

www.regulations.gov, Docket ID No. 

EPA–R03–OAR–2021–0727. 

B. Base Year Inventory Requirements 

In EPA’s December 6, 2018 rule, 

‘‘Implementation of the 2015 National 

Ambient Air Quality Standards for 

Ozone: Nonattainment Area State 

Implementation Plan Requirements,’’ 

known as the ‘‘SIP Requirements Rule,’’ 

EPA set out nonattainment area 

requirements for the 2015 ozone 

NAAQS. (83 FR 62998). The SIP 


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