Federal Register / Vol. 87, No. 90 / Tuesday, May 10, 2022 / Rules and Regulations 27947 

operating a Coast Guard vessel and a 

Federal, State, and local officer 

designated by or assisting the Captain of 

the Port New York (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 channel 16 or 

718–354–4154 (Sector New York 

command center). 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. 

(3) All persons and vessels shall 

comply with the instructions of the 

COTP or a designated representative. 

Upon being hailed by a U.S. Coast 

Guard vessel by siren, radio, flashlight 

or other means, the operator of the 

vessel shall proceed as directed. Failure 

to comply with a lawful direction may 

result in expulsion from the area, 

citation for failure to comply, or both. 

(4) Spectators or other vessels shall 

not anchor, block, loiter, or impede the 

transit of the event participants or 

official patrol vessels in the regulated 

areas during the effective dates and 

times unless authorized by COTP or 

designated representative. 

(5) The COTP or designated 

representative may delay or terminate 

any marine event in this subpart at any 

time if it is deemed necessary to ensure 

the safety of life or property. 

(d) Enforcement period. This section 

will be subject to enforcement on either 

July 2, 2022, from 9 p.m. to 10 p.m. or 

on July 3, 2022, from 9 p.m. through 10 

p.m. 

Dated: May 4, 2022. 

Z.E. Merchant, 

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

Port, New York. 

[FR Doc. 2022–10008 Filed 5–9–22; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2022–0184] 

RIN 1625–AA00 

Safety Zone; Graduate Boat Parade, 

Sturgeon Bay, WI 

AGENCY: Coast Guard, Department of 

Homeland Security (DHS). 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

certain waters of Sturgeon Bay, WI. This 

action is necessary to provide for the 

safety of life on these navigable waters 

during the boat parade for the Graduates 

of Sturgeon Bay High School on May 28, 

2022. This rulemaking will restrict 

usage by persons and vessels within the 

safety zone. At no time during the 

effective period may non-parade vessels 

transit the waters of Sturgeon Bay 

between the Highway 42 Bridge and 

Michigan Street Bridge. These 

restrictions will apply to all vessels 

during the effective period unless 

authorized by the Captain of the Port 

Lake Michigan or a designated 

representative. 

DATES: This rule is effective from 11:00 

a.m. through 2:00 p.m. on May 28, 2022. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2022– 

0184 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 

rulemaking, call or email Chief Petty 

Officer Jeromy Sherrill, Sector Lake 

Michigan Waterways Management 

Division, U.S. Coast Guard; telephone 

414–747–7148, email 

Jeromy.N.Sherrill@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 

On March 9, 2022, the principal of 

Sturgeon Bay High School notified the 

Coast Guard that it will be conducting 

a boat parade for graduates of the Class 

of 2022 on May 28, 2022, from 11:00 

a.m. through 2:00 p.m. The boat parade 

will begin at Madelyn Marine, NW of 

Highway 42 bridge, proceed NW to the 

Michigan Street Bridge, cross the 

channel towards the Maritime Museum, 

then proceed SE, crossing back across 

the channel and ending at Madelyn 

Marine. The Captain of the Port Sector 

Lake Michigan (COTP) has determined 

that potential hazards associated with 

the boat parade would be a safety 

concern for anyone within the safety 

zone that is not participating in the boat 

parade. 

In response, on March 22, 2022, the 

Coast Guard published a notice of 

proposed rulemaking (NPRM) titled 

‘‘Safety Zone; Graduate Boat Parade, 

Sturgeon Bay, WI’’ (87 FR 16129). There 

we stated why we issued the NPRM, 

and invited comments on our proposed 

regulatory action related to this 

fireworks display. During the comment 

period that ended April 6, 2022, we 

received 0 comments. 

III. Legal Authority and Need for Rule 

The Captain of the Port Sector Lake 

Michigan (COTP) has determined that 

potential hazards associated with the 

boat parade would be a safety concern 

for anyone within the safety zone that 

is not participating in the boat parade. 

The purpose of this rule is to ensure 

safety of vessels and the navigable 

waters in the safety zone before, during, 

and after the scheduled event. 

IV. Discussion of Comments, Changes, 

and the Rule 

As noted above, we received no 

comments on our NPRM published 

March 22, 2022. There are no changes 

in the regulatory text of this rule from 

the proposed rule in the NPRM. 

This rule establishes a safety zone 

from 11:00 a.m. through 2:00 p.m. on 

May 28, 2022. The safety zone would 

cover all navigable waters of Sturgeon 

Bay between the Highway 42 Bridge and 

Michigan Street Bridge. The duration of 

the zone is intended to ensure the safety 

of vessels and these navigable waters 

before, during, and after the boat parade 

event. No vessels or person would be 

permitted to enter the safety zone 

without obtaining permission from the 

COTP or a designated representative. 

The regulatory text appears at the end 

of this document. 

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 


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27948 Federal Register / Vol. 87, No. 90 / Tuesday, May 10, 2022 / Rules and Regulations 

Office of Management and Budget 

(OMB). 

This regulatory action determination 

is based on the characteristics of the 

safety zone. The safety zone created by 

this rule will relatively small and is 

designed to minimize its impact on 

navigable waters. This rule will prohibit 

entry into certain navigable waters of 

Sturgeon Bay, WI, and it is not 

anticipated to exceed 3 hours in 

duration. Thus, restrictions on vessel 

movement within that particular area 

are expected to be minimal. Moreover, 

under certain conditions vessels may 

still transit through the safety zone 

when permitted by the COTP Lake 

Michigan. 

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 received 00 comments 

from the Small Business Administration 

on this rulemaking. 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 3 hours that would prohibit 

entry within a relatively small portion 

of Sturgeon Bay. 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: 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.T09–0184 to read as 

follows: 

§ 165.T09–0184 Safety Zone; Graduate 

Boat Parade, Sturgeon Bay, WI. 

(a) Location. All navigable waters of 

Sturgeon Bay between the Highway 42 

Bridge and Michigan Street Bridge. 

(b) Enforcement period. The safety 

zone described in paragraph (a) of this 

section is effective on May 28, 2022, 

from 11:00 a.m. through 2:00 p.m. 

(c) Regulations. (1) In accordance with 

the general regulations in § 165.23, entry 

into, transiting, or anchoring within this 

safety zone is prohibited unless 

authorized by the Captain of the Port 

Lake Michigan (COTP) or a designated 

representative. 

(2) This safety zone is closed to all 

vessel traffic, except as may be 

permitted by the COTP or a designated 

representative. 

(3) The ‘‘designated representative’’ of 

the COTP is any Coast Guard 

commissioned, warrant, or petty officer 


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Federal Register / Vol. 87, No. 90 / Tuesday, May 10, 2022 / Rules and Regulations 27949 

1 62 FR 27968 (May 22, 1997). 

who has been designated by the COTP 

to act on his or her behalf. 

(4) Persons and vessel operators 

desiring to enter or operate within the 

safety zone during the boat parade must 

contact the COTP or an on-scene 

representative to obtain permission to 

do so. The COTP or an on-scene 

representative may be contacted via 

VHF Channel 16. Vessel operators given 

permission to enter or operate in the 

safety zone must comply with all 

directions given to them by the COTP or 

an on-scene representative. 

Dated: April 22, 2022. 

D.P. Montoro, 

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

Port Lake Michigan. 

[FR Doc. 2022–09992 Filed 5–9–22; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2021–0452; FRL–8834–02– 

R9] 

Air Quality State Implementation 

Plans; Approvals and Promulgations: 

California; Opacity Testing of HeavyDuty Diesel Vehicles 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking final action to 

approve a revision to the California 

State Implementation Plan (SIP) 

concerning particulate matter (PM) 

emissions from heavy-duty (HD) diesel 

vehicles. We are approving state rules 

that regulate PM emission sources under 

the Clean Air Act (CAA or the Act). 

DATES: This rule is effective on June 9, 

2022. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–R09–OAR–2021–0452. 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: 

Jeffrey Buss, EPA Region IX, 75 

Hawthorne St., San Francisco, CA 

94105. By phone: (415) 947–4152 or by 

email at buss.jeffrey@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. Incorporation by Reference 

V. Statutory and Executive Order Reviews 

I. Proposed Action 

On November 5, 2021 (86 FR 61100), 

the EPA proposed to approve the 

following rules into the California SIP. 

Agency Rule No. Rule title Amended Submitted 

CARB ..... Title 13, Division 3, 

Chapter 3.5.

Heavy-Duty Diesel Smoke Emission Testing and Heavy-Duty Vehicle 

Emission Control System Inspections.

07/01/2019 02/13/2020 

CARB ..... Title 13, Division 3, 

Chapter 3.6.

Periodic Smoke Inspections of Heavy-Duty Diesel-Powered Vehicles ... 07/01/2019 02/13/2020 

We proposed to approve these rules 

because we determined that they 

comply with the relevant CAA 

requirements. Our proposed action 

contains more information on the rules 

and our evaluation. 

II. Public Comments and EPA 

Responses 

The EPA’s proposed action provided 

a 30-day public comment period. During 

this period, we received nine comments 

from members of the public. These 

comments were generally supportive of 

the action and none raised any concerns 

with our proposed rule. 

III. EPA Action 

Nine comments were submitted, and 

none change our assessment of the rules 

as described in our proposed action. 

Therefore, as authorized in section 

110(k)(3) of the Act, the EPA is fully 

approving these rules into the California 

SIP. 

IV. Incorporation by Reference 

In this rule, the EPA is finalizing 

regulatory text that includes 

incorporation by reference. In 

accordance with requirements of 1 CFR 

51.5, the EPA is finalizing the 

incorporation by reference of the 

California rules described in the 

amendments to 40 CFR part 52 set forth 

below. Therefore, these materials have 

been approved by the EPA for inclusion 

in the SIP, have been incorporated by 

reference by the EPA into that plan, are 

fully federally enforceable under 

sections 110 and 113 of the CAA as of 

the effective date of the final rulemaking 

of the EPA’s approval, and will be 

incorporated by reference in the next 

update to the SIP compilation.1 The 

EPA has made, and will continue to 

make, these documents available 

through www.regulations.gov and at the 

EPA Region IX Office (please contact the 

person identified in the FOR FURTHER

INFORMATION CONTACT section of this 

preamble for more information). 

V. Statutory and Executive Order 

Reviews 

Under the Clean Air Act, the 

Administrator is required to approve a 

SIP submission that complies with the 

provisions of the Act and applicable 

federal regulations. 42 U.S.C. 7410(k); 

40 CFR 52.02(a). Thus, in reviewing SIP 

submissions, the EPA’s role is to 

approve state choices, provided that 

they meet the criteria of the Clean Air 

Act. Accordingly, this action merely 

approves state law as meeting federal 

requirements and does not impose 

additional requirements beyond those 


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