26998 Federal Register / Vol. 87, No. 88 / Friday, May 6, 2022 / Rules and Regulations 

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 that will last 8-hours on each of 

two days and that would prohibit entry 

on less than a half-mile stretch of the 

Sabine River in Orange, TX. It is 

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 

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 

AREA 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.T08–0190 to read as 

follows: 

§ 165.T08–0190 Safety Zone; Sabine River, 

Orange, Texas 

(a) Location. The following area is a 

safety zone: All navigable waters of the 

Sabine River, extending the entire width 

of the river, adjacent to the public boat 

ramp located in Orange, TX bounded to 

the north by the Orange Public Wharf 

and latitude 30°05′50′′ N and to the 

south at latitude 30°05′33′′ N. The 

duration of the safety zone is intended 

to protect participants, spectators, and 

other persons and vessels, in the 

navigable waters of the Sabine River 

during high-speed boat races and will 

include breaks and opportunity for 

vessels to transit through the regulated 

area. 

(b) Effective period. This section is 

effective from 9 a.m.on May 21, 2022 

through 6 p.m. on May 22, 2022. 

(c) Enforcement periods. This section 

will be enforced from 9 a.m. through 6 

p.m. daily. 

(d) Regulations. (1) In accordance 

with the general regulations in § 165.23, 

entry of vessels or persons into this zone 

is prohibited unless authorized by the 

Captain of the Port Marine Safety Unit 

Port Arthur (COTP) or a designated 

representative. They may be contacted 

on VHF–FM channel 13 or 16, or by 

phone at by telephone at 409–719–5070. 

(2) The COTP or a designated 

representative may forbid and control 

the movement of all vessels in the 

regulated area. When hailed or signaled 

by an official patrol vessel, a vessel shall 

come to an immediate stop and comply 

with the directions given. Failure to do 

so may result in expulsion from the 

area, citation for failure to comply, or 

both. 

(3) The COTP or a designated 

representative may terminate the event 

or the operation of any vessel at any 

time it is deemed necessary for the 

protection of life or property. 

(4) The COTP or a designated 

representative will terminate 

enforcement of the safety zone of this 

section at the conclusion of the event. 

(e) 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 through Local Notice to 

Mariners (LNMs), Broadcast Notices to 

Mariners (BNMs), and/or Marine Safety 

Information Bulletins (MSIBs) as 

appropriate. 

Dated: May 3, 2022. 

Molly. A. Wike, 

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

Port, Marine Safety Zone Port Arthur. 

[FR Doc. 2022–09753 Filed 5–5–22; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2022–0096] 

Safety Zone; Four Seasons Hotel 

Fireworks Display Event, New Orleans, 

LA 

AGENCY: Coast Guard, DHS. 


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Federal Register / Vol. 87, No. 88 / Friday, May 6, 2022 / Rules and Regulations 26999 

ACTION: Notification of enforcement of 

regulation. 

SUMMARY: The Coast Guard will enforce 

a temporary safety zone for a fireworks 

display located on the navigable waters 

of the Lower Mississippi River (LMR) 

between Mile Marker (MM) 94.5 and 

MM 95.5 Above Head of Passes (AHP). 

This action is needed to provide for the 

safety of life on these navigable 

waterways during the event. During the 

enforcement periods, the operator of any 

vessel in the regulated area must 

comply with directions from the 

Captain of the Port or designated 

representative. 

DATES: The regulations in 33 CFR 

165.845 will be enforced from 8:45 p.m. 

to 10 p.m. on May 18, 2022. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions about this 

notification of enforcement, call or 

email Lieutenant Commander William 

Stewart, Sector New Orleans, U.S. Coast 

Guard; telephone 504–365–2246, email 

William.A.Stewart@uscg.mil. 

SUPPLEMENTARY INFORMATION: The Coast 

Guard will enforce safety zone located 

in 33 CFR 165.845 for the Four Seasons 

Hotel Fireworks Display event. The 

regulations will be enforced from 8:45 

p.m. through 10 p.m. on May 18, 2022. 

This action is being taken to provide for 

the safety of life on navigable waterways 

during this event, which will be located 

between MM 94.5 and MM 95.5 AHP, 

LMR, LA. During the enforcement 

periods, the operator of any vessel in the 

regulated area must comply with 

directions from the Captain of the Port 

or designated representative. 

In addition to this notification of 

enforcement in the Federal Register, the 

Coast Guard plans to provide 

notification of this enforcement period 

via Marine Safety Information Bulletins 

(MSIBs), Local Notice to Mariners 

(LNMs), and/or Broadcast Notice to 

Mariners (BNMs). 

Dated: May 2, 2022. 

K.K. Denning, 

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

Port Sector New Orleans. 

[FR Doc. 2022–09788 Filed 5–5–22; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R01–OAR–2021–0785; FRL–9591–02– 

R1] 

Air Plan Approval; New Hampshire; 

Env-A 800 Testing and Monitoring 

Procedures, Env-A 619.03 PSD 

Program Requirements, and Env-A 

1200 VOC RACT 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving State 

Implementation Plan (SIP) revisions 

submitted by the State of New 

Hampshire. These revisions amend 

Testing and Monitoring Procedures for 

sources of air pollution; revise New 

Hampshire’s Prevention of Significant 

Deterioration (PSD) permitting program 

with respect to requirements for air 

quality modeling; fully approve certain 

infrastructure SIP requirements as they 

related to PSD permitting requirements 

for the 2015 Ozone and 2012 fine 

particle matter (PM2.5) National Ambient 

Air Quality Standards (NAAQS); and 

amend Volatile Organic Compounds 

(VOCs) Reasonably Available Control 

Technology (RACT). This action is being 

taken under the Clean Air Act (CAA). 

DATES: This rule is effective on June 6, 

2022. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R01–OAR– 

2021–0785. 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: John 

Creilson, Air Quality Branch, U.S. 

Environmental Protection Agency, EPA 

Region 1, 5 Post Office Square—Suite 

100, (Mail code 05–2), Boston, MA 

02109, tel. (617) 918–1688, email 

creilson.john@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

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

EPA. 

Table of Contents 

I. Background and Purpose 

a. Env-A 800 Testing and Monitoring 

Procedures 

b. Env-A 619.03 PSD Program 

Requirements 

c. Env-A 1200 VOC RACT 

II. Final Action 

III. Incorporation by Reference 

IV. Statutory and Executive Order Reviews 

I. Background and Purpose 

On March 3, 2022 (87 FR 12016), EPA 

published a notice of proposed 

rulemaking (NPRM) for the State of New 

Hampshire proposing to approve several 

SIP revisions submitted by the State. 

Information about the proposed SIP 

revisions are as follows. 

a. Env-A 800 Testing and Monitoring 

Procedures 

On August 19, and subsequently on 

December 20, 2021, the New Hampshire 

Department of Environmental Services 

(NH DES) submitted a revision to its 

State Implementation Plan (SIP). The 

submittal consisted of revisions to an 

existing rule, Env-A 800, Testing and 

Monitoring Procedures, that was 

previously approved into the New 

Hampshire SIP. Env-A 800 establishes 

testing and monitoring procedures, 

calculation procedures, standards, and 

requirements used to determine 

compliance with Federal and state air 

pollution regulations. 

b. Env-A 619.03 PSD Program 

Requirements 

On September 16, 2021, NH DES 

submitted a revision to its SIP-approved 

regulation Part Env-A 619.03, the State’s 

CAA PSD permitting program, updating 

the reference date for 40 CFR 52.21 to 

incorporate EPA’s current ‘‘Guideline 

on Air Quality Models’’ in appendix W 

of 40 CFR part 51. The revision also 

addressed issues related to EPA’s 

conditional approvals to the State’s PSD 

program for purposes of the 2015 Ozone 

and 2012 PM2.5 NAAQS infrastructure 

SIP requirements. Specifically, EPA 

conditionally approved infrastructure 

SIP elements associated with CAA 

sections 110(a)(2)(C), 110(a)(2)(D)(i)(II), 

110(a)(2)(J), and 110(a)(2)(K). See 85 FR 

67651 (October 26, 2020). EPA proposed 


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