Federal Register / Vol. 87, No. 92 / Thursday, May 12, 2022 / Rules and Regulations 29043 

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 New York (COTP) in the 

enforcement of this section. 

Dated: April 14, 2022. 

M. Sennick, 

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

Port New York. 

[FR Doc. 2022–10208 Filed 5–11–22; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2022–0245] 

RIN 1625–AA00 

Safety Zone; International Special 

Operations Exercise, Seddon Channel, 

Tampa, FL 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone on 

the waters of Seddon Channel in Tampa 

Bay, in Tampa, Florida, during the 

International Special Operations 

Exercise. The safety zone is needed to 

protect personnel, vessels, and the 

marine environment from potential 

hazards created by airborne and 

waterborne activities occurring during 

the exercise. Persons and vessels are 

prohibited from entering, transiting 

through, anchoring in, or remaining 

within the safety zone unless authorized 

by the Captain of the Port (COTP) St. 

Petersburg or a designated 

representative. 

DATES: This rule is effective from 12 

p.m. until 3 p.m., on May 17, 2022, 

through May 18, 2022. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2022– 

0245 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 Marine Science Technician 

Second Class Regina L. Cuevas, Sector 

St. Petersburg Prevention Department, 

Coast Guard; telephone (813) 228–2191, 

email Regina.L.Cuevas@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.’’ 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 and contrary to the public 

interest to do so, The primary 

justification for this action is that the 

Coast Guard was given short notice from 

the event sponsor leaving insufficient 

time to publish an NPRM and to receive 

public comments prior to the exercise. 

We must establish a safety zone by May 

17, 2022, to protect the public from 

hazards associated with the 

International Special Operations 

Exercise. 

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 and 

contrary to the public interest because 

immediate action is needed to respond 

to the potential dangers to the public 

during the exercise. 

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 St. Petersburg 

(COTP) has determined that potential 

hazards associated with the exercise 

will be a safety concern for anyone 

within the exercise area. This rule is 

needed to protect personnel, vessels, 

and the marine environment in the 

navigable waters within the safety zone 

during the exercise. 

IV. Discussion of the Rule 

This rule establishes a safety zone on 

certain navigable waters of the Seddon 

Channel from 12 p.m. until 3 p.m., on 

May 17, 2022 through May 18, 2022. 

The safety zone will cover an area of the 

Seddon Channel located in the vicinity 

of the Tampa Convention Center in 

Tampa, Florida. The International 

Special Operations Exercise is expected 

to consist of multiple airborne and 

waterborne activities including: Persons 

fast-roping and jumping out of 

helicopters, high-speed boat pursuits, 

amphibious vehicles operations, and 

blank ammunition use. 

The duration of the zone is intended 

to ensure the safety of the participants, 

spectators, and the general public 

during the scheduled events. No vessel 

or person, not involved in the events, 

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 safety 

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. 

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 

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 six hours over two days; (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; (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. 


khammond on DSKJM1Z7X2PROD with RULES
29044 Federal Register / Vol. 87, No. 92 / Thursday, May 12, 2022 / Rules and Regulations 

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 

temporary safety zone that will prohibit 

non-participant persons and vessels 

from entering, transiting through, 

anchoring in, or remaining within a 

limited area on the waters of the Seddon 

Channel in the vicinity of Tampa, 

Florida. 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 

where indicated under 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 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, 160.5; and 

Department of Homeland Security Delegation 

No. 00170.1, Revision No. 01.2. 

■ 2. Add § 165.T07–0351 to read as 

follows: 

§ 165.T07–0351 Safety Zone; International 

Special Operations Exercise, Seddon 

Channel, Tampa, FL. 

(a) Location. The following regulated 

area is a safety zone: All waters of 

Seddon Channel within the following 

area: North of 27°56′15′′ N, 082°27′19′′ 

W and 27°56′14′′ N, 082°27′25′′ W; 

northeast of 27°56′22′′ N, 082°27′16′′ W 

and 27°56′25′′ N, 082°27′17′′ W; south of 

27°56′30′′ N, 082°27′29′′ W and 

27°56′29′′ N, 082°27′33′′ W (Platt St. 

Bridge); west of 27°56′23′′ N, 082°27′32′′ 

W and 27°56′25′′ N, 082°27′35′′ W 

(South Harbor Island Blvd. Bridge). All 

coordinates are North American Datum 

1983. 

(b) Definition. The term ‘‘designated 

representative’’ means Coast Guard 

Patrol Commanders, including Coast 

Guard coxswains, petty officers, and 

other officers operating Coast Guard 

vessels, and Federal, state, and local 

officers designated by or assisting the 

Captain of the Port (COTP) St. 

Petersburg in the enforcement of the 

regulated area. 

(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, 

unless you are an authorized participant 

in the event. 

(2) To seek permission to enter, transit 

through, anchor in or remain within the 

safety zone contact the COTP St. 

Petersburg by telephone at at (727) 824– 

7506 or the COTP’s representative via 

VHF–FM radio on channel 16. Those in 


khammond on DSKJM1Z7X2PROD with RULES
Federal Register / Vol. 87, No. 92 / Thursday, May 12, 2022 / Rules and Regulations 29045 

1 81 FR 68272, Table 6—Areas Subject to the 

Mitigation Requirements in 40 CFR 51.930(b), 

October 3, 2016. 

2 81 FR 68273, October 3, 2016. 

the safety zone must comply with all 

lawful orders or directions given to 

them by the COTP or the COTP’s 

designated representative. 

(d) Effective date. This rule is

effective from 12 p.m. until 3 p.m., on 

May 17, 2022, through May 18, 2022. 

Dated: May 6, 2022. 

Matthew A. Thompson, 

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

Port St. Petersburg. 

[FR Doc. 2022–10181 Filed 5–11–22; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 50 and 51 

[EPA–HQ–OAR–2022–0313; FRL–9812–01– 

OAR] 

Identifying Additional Areas Subject to 

Mitigation Plan Requirements Under 

the 2016 Exceptional Events Rule: 

Notice of Availability 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notification of availability. 

SUMMARY: Notification is hereby given 

that the Environmental Protection 

Agency (EPA) has finalized a list of 

additional areas subject to the 

mitigation plan requirements found in 

the 2016 Exceptional Events Rule. This 

list is included within this document 

and is available on the Agency’s website 

and in the electronic docket for this 

action. The EPA is separately notifying 

states with areas newly subject to these 

requirements. These notification letters 

are also available on the Agency’s 

website and in the electronic docket for 

this action. 

DATES: May 12, 2022. 

FOR FURTHER INFORMATION CONTACT: For 

general questions concerning this 

notice, please contact, Gobeail 

McKinley, U.S. EPA, Office of Air 

Quality Planning and Standards, Air 

Quality Policy Division, C539–04, 

Research Triangle Park, NC 27711, 

telephone (919) 541–5246, email at 

mckinley.gobeail@epa.gov. 

SUPPLEMENTARY INFORMATION: 

1. General Information

Where can I get information related to 

this action? 

Docket: The EPA has established a 

docket for this action under Docket ID 

No. EPA–HQ–OAR–2022–0313. All 

documents in the docket are listed on 

the https://www.regulations.gov 

website. Although listed in the index, 

some information may not be publicly 

available, e.g., Confidential Business 

Information 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. Publicly 

available docket materials are available 

electronically through https://

www.regulations.gov. 

Agency website: A list of the 

additional areas subject to mitigation 

plans is found on the website that 

contains information related to 

exceptional events at: https://

www.epa.gov/air-quality-analysis/ 

treatment-air-quality-data-influencedexceptional-events-homepageexceptional. 

II. What is the purpose of this action?

In keeping with the EPA’s mission to

protect public health and consistent 

with the principles included at the 

Clean Air Act section 319(b)(3)(A), the 

2016 Exceptional Events Rule (Rule) 

promulgated new regulations requiring 

states to develop mitigation plans for 

areas with historically documented or 

known seasonal exceptional events. 

Using air quality monitoring data 

contained within the Air Quality 

System (AQS) for the period January 1, 

2013, through December 31, 2015, the 

EPA initially identified 29 areas 

required to submit mitigation plans 

within 2 years of the effective date of 

the Rule.1

Further, the 2016 Exceptional Events 

Rule states that as areas become subject 

to the mitigation plan requirements, the 

Administrator will notify the states in 

writing. However, the Rule did not 

establish a specific process for 

providing notice to states with areas 

newly identified as being subject to 

mitigation plan requirements. This 

action establishes a process for 

providing that notice and fulfills our 

obligation to identify additional areas 

with recurring events of the same type 

and pollutant. Table 1 contains a list of 

the newly identified areas subject to 

mitigation requirements. Generally, 

areas subject to the mitigation 

requirements have experienced three 

events or three seasons of events of the 

same type and pollutant in a 3-year 

period. For purposes of this analysis 

and notification, the EPA evaluated 

rolling 3-year periods for January 1, 

2016, through December 31, 2020. A 

detailed description of the process the 

EPA followed to identify these areas and 

a summary of required components of a 

mitigation plan are included in a 

background document placed in the 

docket for this rulemaking titled, 

‘‘Additional Areas Subject to Mitigation 

Plan Requirements in 40 CFR 

51.930(b).’’ 

Within 2 years of being notified that 

they are subject to the mitigation plan 

provisions within the 2016 Exceptional 

Events Rule, air agencies responsible for 

ensuring air quality for the areas 

identified in Table 1 shall submit 

mitigation plans to the applicable EPA 

Regional Administrator. Consistent with 

the 2016 Exceptional Events Rule, after 

this 2-year timeframe, if an air agency 

has not submitted the required 

mitigation plan, the EPA will not concur 

with an air agency’s request to exclude 

data that have been influenced by an 

event of the type that is the subject of 

a required mitigation plan. An air 

agency may submit a mitigation plan in 

advance of, or as part of, an exceptional 

events demonstration submission of the 

same event type and pollutant as the 

focus of the mitigation plan. 

The discussion of the mitigation plan 

components is included in the preamble 

to the 2016 Exceptional Events Rule 2

and 40 CFR 51.930(b)(2) identifies the 

required components for each 

mitigation plan. A discussion of 

mitigation plan components is also 

included in the background document 

placed in the docket for this rulemaking. 

TABLE 1—ADDITIONAL AREAS SUBJECT TO THE MITIGATION REQUIREMENTS IN 40 CFR 51.930(b) a

Pollutant AQS flag b AQS flag description State County/nonattainment area boundary 

Ozone ........................ RT .................. Wildfire-U.S .............................................. NV .................. Washoe. 

Ozone ........................ RT .................. Wildfire-U.S .............................................. CA .................. Tehama (Tuscan Buttes). 

Ozone ........................ RT .................. Wildfire-U.S .............................................. CA .................. Ventura. 


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