24088 Federal Register / Vol. 87, No. 78 / Friday, April 22, 2022 / Proposed Rules 

any time the COTP Maryland-National 

Capital Region or Event PATCOM 

believes it necessary to do so for the 

protection of life or property. 

(2) Except for participants and vessels 

already at berth, a person or vessel 

within the regulated area at the start of 

enforcement of this section must 

immediately depart the regulated area. 

(3) A spectator must contact the Event 

PATCOM to request permission to 

either enter or pass through the 

regulated area. The Event PATCOM and 

official patrol vessels enforcing this 

regulated area can be contacted on 

marine band radio VHF–FM channel 16 

(156.8 MHz) and channel 22A (157.1 

MHz). If permission is granted, the 

spectator must enter a designated 

spectator area or pass directly through 

the regulated area as instructed by Event 

PATCOM. A vessel within the regulated 

area must operate at safe speed that 

minimizes wake. A spectator vessel 

must not loiter within the navigable 

channel while within the regulated area. 

(4) Only participant vessels are 

allowed to enter and remain within the 

aerobatics box. 

(5) A person or vessel that desires to 

transit, moor, or anchor within the 

regulated area must obtain authorization 

from the COTP Maryland-National 

Capital Region or Event PATCOM. A 

person or vessel seeking such 

permission can contact the COTP 

Maryland-National Capital Region at 

telephone number 410–576–2693 or on 

Marine Band Radio, VHF–FM channel 

16 (156.8 MHz) or the Event PATCOM 

on Marine Band Radio, VHF–FM 

channel 16 (156.8 MHz). 

(6) The Coast Guard will publish a 

notice in the Fifth Coast Guard District 

Local Notice to Mariners and issue a 

marine information broadcast on VHF– 

FM marine band radio announcing 

specific event dates and times. 

(d) Enforcement officials. The Coast 

Guard may be assisted with marine 

event patrol and enforcement of the 

regulated area by other federal, state, 

and local agencies. 

(e) Enforcement periods. This section 

will be enforced from 4 p.m. to 7 p.m. 

on July 15, 2022, from 1 p.m. to 4 p.m. 

on July 16, 2022, and from 1 p.m. to 4 

p.m. on July 17, 2022. 

Dated: April 18, 2022. 

James R. Bendle, 

Commander, U.S. Coast Guard, Acting 

Captain of the Port Maryland-National 

Capital Region. 

[FR Doc. 2022–08594 Filed 4–21–22; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2022–0134] 

RIN 1625–AA00 

Safety Zone; Falls Bridge Project, Blue 

Hill, ME 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard is proposing 

to establish a temporary safety zone for 

the navigable waters within a 50-yard 

radius from the center of the Falls 

Bridge in Blue Hill, ME. This action is 

necessary to protect personnel, vessels, 

and marine environment from potential 

hazards created by the demolition, 

subsequent removal, and replacement of 

the Falls Bridge. This proposed 

regulation would prohibit entry of 

vessels or persons into the safety zone 

unless authorized by the Captain of the 

Port Northern New England (COTP) 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 23, 2022. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2022–0134 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 on this rule, call or 

email Lieutenant Shaun Doyle, 

Waterways Management Division, 

Sector Northern New England, U.S. 

Coast Guard; telephone 207–347–5015, 

email Shaun.T.Doyle@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

COTP Captain of the Port 

DHS Department of Homeland Security 

FR Federal Register 

TIR Temporary Interim Rule 

NPRM Notice of proposed rulemaking 

§ Section 

U.S.C. United States Code 

II. Background, Purpose, and Legal 

Basis 

On January 6, 2022, Maine 

Department of Transportation notified 

Sector Northern New England of an 

upcoming construction project on the 

Falls Bridge in Blue Hill, ME. The 

construction project consists of a 

complete replacement of the bridge 

superstructure and is scheduled to 

commence July 1, 2022, through June 

30, 2024. The COTP has determined that 

the potential hazards associated with 

the bridge construction project will be a 

safety concern for anyone within a 50- 

yard radius from the center of the Falls 

Bridge in Blue Hill, ME. 

The purpose of this rulemaking is to 

ensure the safety of vessels and the 

navigable waters within a 50-yard 

radius from the center of the Falls 

Bridge in Blue Hill, ME. 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 July 1, 2022, through 

June 30, 2024. The safety zone would 

cover all navigable waters within a 50- 

yard radius from the center of the Falls 

Bridge located in Blue Hill, Maine. The 

duration of the zone is intended to 

ensure the safety of vessels and these 

navigable waters during bridge 

replacement. 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 and location of the 

safety zone. The safety zone would only 

impact a 50-yard radius from the center 

of the Falls Bridge in Blue Hill, ME. 

Local waterway use is normally 

recreational and public outreach 

performed by Maine Department of 


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Federal Register / Vol. 87, No. 78 / Friday, April 22, 2022 / Proposed Rules 24089 

Transportation has not identified any 

commercial vessel use. Proper public 

notice of enforcement will be given 

through appropriate means, which may 

include, but are not limited to, 

publication in the Local Notice to 

Mariners and Broadcast Notice to 

Mariners via VHF–FM marine channel 

16. 

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 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 establishing a safety zone 

that would be enforced 24 hours a day 

from July 1, 2022, through June 30, 

2024, that would prohibit entry within 

a 50-yard radius from the center of the 

Falls Bridge in Blue Hill, ME. 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. 

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–2022–0134 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. 


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24090 Federal Register / Vol. 87, No. 78 / Friday, April 22, 2022 / Proposed Rules 

1State Implementation Plans: Response to 

Petition for Rulemaking; Findings of Substantial 

Inadequacy; and SIP Calls To Amend Provisions 

Applying to Excess Emissions During Periods of 

Startup, Shutdown, and Malfunction, 78 FR 12460 

(Feb. 22, 2013). 

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: 

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.T01–0134 to read as 

follows: 

§ 165.T01–0134 Safety Zone; Falls Bridge 

Project, Blue Hill, ME. 

(a) Locations. The following area is a 

safety zone: All navigable waters from 

surface to bottom, within a 50-yard 

radius from the center of the Falls 

Bridge in Blue Hill, ME. 

(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 Northern New England (COTP) 

in the enforcement of the safety zone. 

(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 via VHF–FM marine 

channel 16 or by contacting the Coast 

Guard Sector Northern New England 

Command Center at (207) 741–5465. 

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 

is effective from July 1, 2022, through 

June 30, 2024, and subject to 

enforcement 24 hours a day. The Coast 

Guard will use Broadcast Notice to 

Mariners and Local Notice to Mariners 

to notify the public of this safety zone. 

Dated: April 12, 2022. 

A.E. Florentino, 

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

Port Northern New England. 

[FR Doc. 2022–08630 Filed 4–21–22; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[R2–OAR–2021–0912; FRL–9613–01–R2] 

Approval of Air Quality Implementation 

Plans; New Jersey; Removal of Excess 

Emissions Provision 

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 New 

Jersey, through the New Jersey 

Department of Environmental 

Protection, on December 14, 2017. The 

revision submitted by New Jersey was in 

response to a finding of substantial 

inadequacy and a SIP call published on 

June 12, 2015, for a provision in the 

New Jersey SIP related to excess 

emissions during startup, shutdown, 

and malfunction (SSM) events. EPA is 

proposing approval of the SIP revision 

and proposing to determine that such 

SIP revision corrects the deficiency 

identified in the June 12, 2015, SIP call. 

DATES: Comments must be received on 

or before May 23, 2022. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R02– 

OAR–2021–0912 at https://

www.regulations.gov. 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. 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 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. 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: 

Edward J. Linky, EPA Region 2, 290 

Broadway, 25th floor, New York, New 

York 10007–1866, at 212–637–3764; or 

email Linky.Edward@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document wherever 

‘‘we’’ or ‘‘our’’ is used, it refers to EPA. 

Table of Contents 

I. Background 

II. Analysis of SIP Submission 

III. Proposed Action 

IV. Incorporation by Reference 

V. Statutory and Executive Orders Review 

I. Background 

On February 22, 2013, EPA issued a 

Federal Register notice of proposed 

rulemaking outlining EPA’s policy at 

the time with respect to SIP provisions 

related to periods of SSM. EPA analyzed 

specific SSM SIP provisions and 

explained how each one either did or 

did not comply with the Clean Air Act 

(CAA) with regard to excess emission 

events.1 For each SIP provision that 

EPA determined to be inconsistent with 

the CAA, EPA proposed to find that the 

existing SIP provision was substantially 

inadequate to meet CAA requirements 

and thus proposed to issue a SIP call 

under CAA section 110(k)(5). On 

September 17, 2014, EPA issued a 

document supplementing and revising 

what the Agency had previously 

proposed on February 22, 2013, in light 

of a D.C. Circuit decision that 

determined the CAA precludes 

authority of EPA to create affirmative 

defense provisions applicable to private 

civil suits. EPA outlined its updated 

policy that affirmative defense SIP 

provisions are not consistent with CAA 

requirements. EPA proposed in the 

supplemental proposal document to 

apply its revised interpretation of the 

CAA to specific affirmative defense SIP 


lotter on DSK11XQN23PROD with PROPOSALS1