25408 Federal Register / Vol. 87, No. 83 / Friday, April 29, 2022 / Rules and Regulations 

Charleston Race Week from April 28 

through May 1, 2022. This action is 

necessary to ensure the safety of life on 

navigable waters of the United States 

during the Charleston Race Week event. 

Our regulation for marine events within 

the Seventh Coast Guard District 

identifies the regulated area for this 

event in Charleston, SC. During the 

enforcement period, no person or vessel 

may enter, transit through, anchor in, or 

remain within the designated area 

unless authorized by the Captain of the 

Port Charleston (COTP) or a designated 

representative. 

DATES: The regulations in 33 CFR 

100.704, Table 1 to § 100.704, Item No. 

2 will be enforced from 9 a.m. until 5 

p.m. from April 28 to May 1, 2022. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions about this notice of 

enforcement, call or email LCDR Chad 

Ray, Sector Charleston Office of 

Waterways Management, Coast Guard; 

telephone (843) 740–3184, email 

Chad.L.Ray@uscg.mil. 

SUPPLEMENTARY INFORMATION: The Coast 

Guard will enforce 33 CFR 100.704, 

Table 1 to § 100.704, Item No. 2 for the 

Charleston Race Week regulated area 

from 9 a.m. to 5 p.m. from April 28 to 

May 1, 2022. This action is being taken 

to provide for the safety of life on 

navigable waterways during this 4-day 

event. Our regulation for marine events 

within the Captain of the Port 

Charleston, § 100.704, specifies the 

locations of the regulated areas for the 

Charleston Race Week which 

encompasses portions of the Charleston 

Harbor. During the enforcement periods, 

as reflected in § 100.100(c), if you are 

the operator of a vessel in the regulated 

area you must comply with directions 

from the Patrol Commander or any 

Official Patrol displaying a Coast Guard 

ensign. 

Dated: April 22, 2022. 

J.D. Cole, 

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

Port Charleston. 

[FR Doc. 2022–09213 Filed 4–28–22; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2022–0295] 

RIN 1625–AA00 

Safety Zone; Motus Myrtle Beach 

Triathlon, Myrtle Beach, SC 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone on 

certain waters of the Atlantic 

Intracoastal Waterway, near Myrtle 

Beach, SC. This action is necessary to 

ensure the safety of life on navigable 

waters of the United States during the 

Motus Myrtle Beach Triathlon Swim 

event. During the enforcement period, 

no person or vessel may enter, transit 

through, anchor in, or remain within the 

designated area unless authorized by the 

Captain of the Port Charleston (COTP) 

or a designated representative. 

DATES: This rule is effective from 7:30 

a.m. to 9:30 a.m., on May 1, 2022. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2022– 

0295 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 about this temporary 

final rule, call or email LCDR Chad Ray, 

Sector Charleston Office of Waterways 

Management, Coast Guard; telephone 

(843) 740–3184, email Chad.L.Ray@

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.’’ The primary 

justification for this action is that the 

Coast Guard was given short notice from 

the event sponsor, that the dates would 

not align with the dates of the event in 

the special local regulation. Therefore, it 

is impracticable to publish an NPRM 

because we lack sufficient time to 

provide a reasonable comment period 

and then consider those comments 

before issuing the rule. It would be 

impracticable and contrary to the public 

interest to delay promulgating this rule, 

as it is necessary to protect the safety of 

participants, spectators, and vessels 

transiting near the race area during the 

Motus Myrtle Beach Triathalon event on 

May 1, 2022. 

Under 5 U.S.C. 553(d)(3), the Coast 

Guard finds that good cause exists for 

making this rule effective less than 30 

days after publication in the Federal 

Register. Delaying the effective date of 

this rule would be impracticable 

because the safety zone must be 

established by May, 1, 2022 to ensure 

the safety of life on navigable waters of 

the United States during the event. 

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 Charleston (COTP) 

has determined that potential hazards 

associated with the large number of 

participants and spectators during the 

swim will be a safety concern. The 

purpose of the rule is to ensure the 

safety of participants, spectators, the 

general public, vessels and the 

navigable waters in the safety zone 

before, during and after the scheduled 

swim. 

IV. Discussion of the Rule 

This rule establishes a safety zone 

from 7:30 a.m. until 9:30 a.m., on May 

1, 2022. The safety zone will cover 

certain waters of the Atlantic 

Intracoastal Waterway near near Myrtle 

Beach, South Carolina during the Motus 

Myrtle Beach Triathalon event. The 

duration of the safety zone is intended 

to ensure the safety of the participants, 

spectators, and the general public 

during the scheduled 7:30 a.m. to 9:30 

a.m. race. No vessel or person will be 

permitted to enter, transit through, 

anchor in or remain within the safety 

zone without obtaining permission from 

the COTP or a designated 

representative. If authorization to enter, 

transit through, anchor in, or remain 

within the saftey zone is granted by the 

COTP or a designated representative, all 

persons and vessels receiving such 

authorization must comply with the 

instructions of the COTP or a designated 

representative. The COTP will inform 

the public of the safety zone by Local 

Notice to Mariners, Broadcast Notice to 

Mariners, or by on-scene designated 

representatives. 

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 


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Federal Register / Vol. 87, No. 83 / Friday, April 29, 2022 / Rules and Regulations 25409 

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 following reasons: (1) 

The safety zone only being enforced for 

a total of two hours; (2) although 

persons and vessels may not enter, 

transit through, anchor in, or remain 

within the zone without authorization 

from the COTP or a designated 

representative, they may operate in the 

surrounding area during the 

enforcement period; and (3) persons and 

vessels may still enter, transit through, 

anchor in, or remain within the areas 

during the enforcement period if 

authorized by the COTP or a designated 

representative. 

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 that will prohibit persons and 

vessels from entering, transiting 

through, anchoring in, or remaining 

within a limited area along the Atlantic 

Intracoastal Waterway, near Myrtle 

Beach, SC during a swim event lasting 

two hours. 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 

AREAS AND LIMITED ACCESS AREAS 

■ 1. The authority citation for part 165 

continues to read as follows: 

Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 

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.T07–0295 to read as 

follows:. 

§ 165.T07–0295 Safety Zone; Motus Myrtle 

Beach; Myrtle Beach, SC. 

(a) Location. The following is a safety 

zone: Certain waters of the Atlantic 

Intracoastal Waterway within the 


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25410 Federal Register / Vol. 87, No. 83 / Friday, April 29, 2022 / Rules and Regulations 

1The portion of Door County, Wisconsin, north 

of the Sturgeon Bay Canal (excluding Newport State 

Park) is the ‘‘Revised Door County’’ nonattainment 

area (or area) and is the subject of this notice. 

following two points of position and the 

North shore: 33°45′03′′ N, 78°50′47′′ W 

to 33°45′18′′ N, 78°50′14′′ W, located in 

Myrtle Beach, South Carolina. 

(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 Charleston (COTP) in the 

enforcement of the safety zone. 

(c) Regulations. (1) All persons and 

vessels are prohibited from entering, 

transiting through, anchoring in, or 

remaining within the safety zone unless 

authorized by the COTP Charleston or a 

designated representative. 

(2) Persons and vessels desiring to 

enter, transit through, anchor in, or 

remain within the regulated area may 

contact the COTP Charleston by 

telephone at (843) 740–7050, or a 

designated representative via VHF radio 

on channel 16, to request authorization. 

If authorization is granted, all persons 

and vessels receiving such authorization 

must comply with the instructions of 

the COTP Charleston or a designated 

representative. 

(d) Enforcement period. This rule will 

be enforced from May 1, 2022 from 7:30 

a.m. until 9:30 a.m. 

Dated: April 22, 2022. 

J.D. Cole, 

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

Port Charleston. 

[FR Doc. 2022–09220 Filed 4–28–22; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 81 

[EPA–R05–OAR–2022–0008; FRL–9609–02– 

R5] 

Air Plan Approval; Wisconsin; 

Redesignation of the Revised Door 

County (Partial) Area to Attainment of 

the 2015 Ozone Standard 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) finds that the revised 

Door County (partial) nonattainment 

area in Wisconsin is attaining the 2015 

ozone National Ambient Air Quality 

Standard (NAAQS) and is approving, in 

accordance with a request from the 

Wisconsin Department of Natural 

Resources (WDNR), the redesignation of 

the area to attainment for the 2015 

ozone NAAQS, because the request 

meets the statutory requirements for 

redesignation under the Clean Air Act 

(CAA). WDNR submitted this request on 

January 5, 2022. EPA is also proposing 

to approve, as a revision to the 

Wisconsin SIP, the State’s maintenance 

plan for the area. The maintenance plan 

is designed to keep the area in 

attainment of the 2015 ozone NAAQS 

through 2035. Additionally, EPA is 

approving the emissions inventory for 

this area, which satisfies the emissions 

inventory requirement for the area 

under the 2015 ozone NAAQS. The 

CAA requires emission inventories for 

all areas that were designated 

nonattainment. Finally, EPA is 

approving the 2030 and 2035 motor 

vehicle emissions budgets for the area. 

DATES: This final rule is effective on 

April 29, 2022. 

ADDRESSES: EPA has established dockets 

for this action under Docket ID No. 

EPA–R05–OAR–2022–0008. All 

documents in the docket are listed on 

the 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 either through 

www.regulations.gov or at the 

Environmental Protection Agency, 

Region 5, Air and Radiation Division, 77 

West Jackson Boulevard, Chicago, 

Illinois 60604. This facility is open from 

8:30 a.m. to 4:30 p.m., Monday through 

Friday, excluding Federal holidays and 

facility closures due to COVID–19. We 

recommend that you telephone Jenny 

Liljegren, Physical Scientist, at (312) 

886–6832 before visiting the Region 5 

office. 

FOR FURTHER INFORMATION CONTACT: 

Jenny Liljegren, Physical Scientist, 

Attainment Planning and Maintenance 

Section, Air Programs Branch (AR–18J), 

Environmental Protection Agency, 

Region 5, 77 West Jackson Boulevard, 

Chicago, Illinois 60604, (312) 886–6832, 

Liljegren.Jennifer@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

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

EPA. 

I. Background Information 

On March 3, 2022 (87 FR 12020), EPA 

proposed to approve the 2015 ozone 

NAAQS redesignation, maintenance 

plan, emission inventory, and motor 

vehicle emissions budgets for the area. 

An explanation of the CAA 

requirements, a detailed analysis of the 

revisions, and EPA’s reasons for 

proposing approval were provided in 

the notice of proposed rulemaking and 

will not be restated here. The public 

comment period for this proposed rule 

ended on April 4, 2022. 

During the comment period, EPA 

received one supportive comment, 

which is included in the docket for this 

action. EPA did not receive any adverse 

comments. In this rulemaking, we are 

finalizing our action as proposed. 

II. What action is EPA taking? 

EPA finds that the area 1 is attaining 

the 2015 ozone NAAQS based on 

quality-assured and certified monitoring 

data for 2019–2021 showing that the 

area has met the requirements for 

redesignation under section 107(d)(3)(E) 

of the CAA. EPA is thus approving a 

change in the legal designation of the 

area from nonattainment to attainment 

for the 2015 ozone NAAQS. EPA is also 

approving, as a revision to the 

Wisconsin SIP, the State’s maintenance 

plan for the area. The maintenance plan 

is designed to keep the area in 

attainment of the 2015 ozone NAAQS 

through 2035. EPA also finds adequate 

and is approving the newly established 

2030 and 2035 volatile organic 

compounds (VOC) and oxides of 

nitrogen (NOX) motor vehicle emission 

budgets for the area. EPA is also 

approving the base year emissions 

inventories for the area under the 2015 

ozone NAAQS. 

In accordance with 5 U.S.C. 553(d) of 

the Administrative Procedure Act 

(APA), EPA finds there is good cause for 

this action to become effective 

immediately upon publication. The 

immediate effective date for this action 

is authorized under 5 U.S.C. 553(d)(1). 

Section 553(d)(1) of the APA provides 

that final rules shall not become 

effective until 30 days after publication 

in the Federal Register ‘‘except . . . a 

substantive rule which grants or 

recognizes an exemption or relieves a 

restriction.’’ The purpose of this 

provision is to ‘‘give affected parties a 

reasonable time to adjust their behavior 

before the final rule takes effect.’’ 

Omnipoint Corp. v. Fed. Commc’n 

Comm’n, 78 F.3d 620, 630 (D.C. Cir. 

1996); see also United States v. 

Gavrilovic, 551 F.2d 1099, 1104 (8th Cir. 

1977) (quoting legislative history). 


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