Federal Register / Vol. 87, No. 99 / Monday, May 23, 2022 / Rules and Regulations 31183 

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–2022–0221 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 your material 

cannot be submitted using http://

www.regulations.gov, contact the person 

in the FOR FURTHER INFORMATION

CONTACT section of this document for 

alternate instructions. 

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. 

We accept anonymous comments. 

Comments we post to http://

www.regulations.gov will include any 

personal information you have 

provided. For more about privacy and 

submissions in response to this 

document, see DHS’s eRulemaking 

System of Records notice (85 FR 14226, 

March 11, 2020). 

Dated: May 17, 2022. 

Hal R. Pitts, 

Bridge Program Manager, Fifth Coast Guard 

District. 

[FR Doc. 2022–10947 Filed 5–20–22; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2022–0411] 

RIN 1625–AA00 

Safety Zone; Lower Mississippi River, 

Mile Marker 807, Barfield Bend, TN 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

all navigable waters of the Lower 

Mississippi River (LMR), Mile Marker 

805 through 810. The safety zone is 

needed to protect persons, property, and 

the marine environment from the 

potential safety hazards associated with 

a rock replacement project in the 

vicinity of Barfield Bend, TN. Entry of 

persons or vessels into this zone is 

prohibited unless authorized by the 

Captain of the Port Sector Lower 

Mississippi River or a designated 

representative. 

DATES: This rule is effective without 

actual notice from May 23, 2022 until 

June 15, 2022. For the purposes of 

enforcement, actual notice will be used 

from May 13, 2022 until May 23, 2022. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2022– 

0411 in the ‘‘SEARCH’’ box and click 

‘‘SEARCH.’’ Click on Open Docket 

Folder on the line associated with this 

rule. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call or 

email MSTC Lindsey Swindle, U.S. 

Coast Guard; telephone 901–521–4813, 

email Lindsey.M.Swindle@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

COTP Captain of the Port Sector Lower 

Mississippi River 

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. Immediate action is 

needed to protect persons and property 

from the potential safety hazards 

associated with the rock replacement 

project. The NPRM process would delay 

the establishment of the safety zone 

until after the date of the event and 

compromise public safety. We must 

establish this temporary safety zone 

immediately and lack sufficient time to 

provide a reasonable comment period 

and then consider those comments 

before issuing the rule. 

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 contrary to the public 

interest because immediate action is 

needed to respond to the potential 

safety hazards associated with the rock 

replacement project in the vicinity of 

Barfield Bend, TN. 

III. Legal Authority and Need for Rule 

The Coast Guard is issuing this rule 

under authority in 46 U.S.C. 70034 

(previously 33 U.S.C. 1231). The 

Captain of the Port Sector Lower 

Mississippi River (COTP) has 

determined that potential hazards 

associated with the rock replacement 

project would be a safety concern for all 

persons and vessels on the Lower 

Mississippi River between MM 805 and 

MM 810 in the vicinity of Barfield Bend, 

TN. This rule is needed to protect 

persons, property, infrastructure, and 

the marine environment in all waters of 

the LMR within the safety zone while 

the rock replacement project are being 

conducted. 

IV. Discussion of the Rule 

This rule establishes a temporary 

safety zone from May 13, 2022 through 

June 15, 2022. The safety zone will 

cover all navigable waters of the LMR 

from MM 805 through MM 810 in the 

vicinity of Barfield Bend, TN. The 

duration of this safety zone is intended 

to ensure the safety of waterway users 

on these navigable waters during the 

rock replacement project. 

Entry of persons or vessels into this 

safety zone is prohibited unless 

authorized by the COTP or a designated 

representative. A designated 

representative is a commissioned, 

warrant, or petty officer of the U.S. 

Coast Guard assigned to units under the 

operational control of USCG Sector 

Lower Mississippi River. Persons or 

vessels seeking to enter the safety zones 

must request permission from the COTP 

or a designated representative on VHF– 

FM channel 16 or by telephone at 901– 

521–4822. If permission is granted, all 

persons and vessels shall comply with 

the instructions of the COTP or 

designated representative. The COTP or 

a designated representative will inform 

the public of the enforcement times and 

date for this safety zone through 

Broadcast Notices to Mariners (BNMs), 

Local Notices to Mariners (LNMs), and/ 

or Marine Safety Information Bulletins 

(MSIBs), as appropriate. 


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31184 Federal Register / Vol. 87, No. 99 / Monday, May 23, 2022 / Rules and Regulations 

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 size, location, and 

duration of the safety zone. This 

emergency safety zone will temporarily 

restrict navigation on the LMR at MM 

805 through 810 in the vicinity of 

Barfield Bend, TN., from May 13, 2022 

through June 15, 2022. Moreover, The 

Coast Guard will issue Broadcast 

Notices to Mariners (BNMs), Local 

Notices to Mariners (LNMs), and/or 

Marine Safety Information Bulletins 

(MSIBs), as appropriate. The rule allows 

vessels to seek permission to enter the 

zone. 

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 

temporary 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 on the LMR at 

MM 805 through 810 in the vicinity of 

Barfield Bend, TN, that will prohibit 

entry into this zone. The safety zone 

will only be enforced while operations 

preclude the safe navigation of the 

established channel. 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. 0170.1. 

■ 2. Add § 165.T08–0411 to read as 

follows: 


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Federal Register / Vol. 87, No. 99 / Monday, May 23, 2022 / Rules and Regulations 31185 

§ 165.T08–0411 Safety Zone; Lower 

Mississippi River, Mile Marker 807, Barfield 

Bend, TN. 

(a) Location. The following area is a 

safety zone: All navigable waters of the 

Lower Mississippi River at Mile Marker 

(MM) 805 through 810 in the vicinity of 

Barfield Bend, TN. 

(b) 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 Captain 

of the Port Sector Lower Mississippi 

River (COTP) or the COTP’s designated 

representative. A designated 

representative is a commissioned, 

warrant, or petty officer of the U.S. 

Coast Guard assigned to units under the 

operational control of USCG Sector 

Lower Mississippi River. 

(2) To seek permission to enter, 

contact the COTP or the COTP’s 

representative via VHF–FM channel 16 

or by telephone at 901–521–4822. 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. 

(c) Effective period. This section is 

effective from May 13, 2022 until June 

15, 2022. 

(d) Information broadcasts. The COTP 

or a designated representative will 

inform the public of the enforcement 

times and date for this safety zone 

through Broadcast Notices to Mariners, 

Local Notices to Mariners, and/or Safety 

Marine Information Broadcasts, as 

appropriate. 

Dated: May 12, 2022. 

R.S. Rhodes, 

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

Port Sector Lower Mississippi River. 

[FR Doc. 2022–10995 Filed 5–20–22; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 63 

[EPA–HQ–OAR–2020–0148; FRL–7527–02– 

OAR, EPA–HQ–OAR–2020–0505; FRL– 

7523–03–OAR, EPA–HQ–OAR–2020–0532; 

FRL–7523–03–OAR, FRL–9751–01–OAR] 

RIN 2060–AU67, 2060–AU66 

National Emission Standards for 

Hazardous Air Pollutants: General 

Provisions; Technical Correction 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule; technical correction. 

SUMMARY: In this action, the U.S. 

Environmental Protection Agency (EPA) 

is making technical corrections to the 

general provisions of the National 

Emission Standards for Hazardous Air 

Pollutants (NESHAP). Specifically, on 

November 19, 2021, EPA finalized 

changes to the NESHAPs for Refractory 

Products Manufacturing, Carbon Black 

Production (major sources), Cyanide 

Chemicals Manufacturing, and Carbon 

Black Production Area Sources and, also 

amended the general provisions. 

Following signature, the EPA 

discovered inadvertent minor errors in 

the ordering of the standards and 

methods that were being incorporated 

by reference in these rules. The Office 

of the Federal Register (OFR) was 

unable to complete the amendatory 

instructions, resulting in regulatory text 

intended for the general provisions to be 

omitted. 

DATES: This technical correction is 

effective on May 23, 2022. The 

incorporation by reference (IBR) of 

certain publications listed in the rule 

was approved by the Director of the 

Federal Register as of November 19, 

2021. 

FOR FURTHER INFORMATION CONTACT: For 

questions about this final action, contact 

Mr. Muntasir Ali, Sector Policies and 

Programs Division (D243–05), Office of 

Air Quality Planning and Standards, 

U.S. Environmental Protection Agency, 

Research Triangle Park, North Carolina 

27711; telephone number: (919) 541– 

0833; and email address: ali.muntasir@

epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Summary of This Action 

Section 553 of the Administrative 

Procedure Act (APA), 5 U.S.C. 

553(b)(3)(B), provides that, when an 

agency for good cause finds that notice 

and public procedures are 

impracticable, unnecessary, or contrary 

to the public interest, the agency may 

issue a rule without providing notice 

and an opportunity for public comment. 

The EPA has determined that for this 

action, there is good cause for making 

these technical corrections final without 

a prior proposal and the opportunity for 

comment because the Agency is 

correcting minor errors that do not 

substantially change the Agency’s action 

taken in each of the three final rules 

discussed. These technical corrections 

will ensure that the regulatory text 

agrees with the description of the rule 

that the EPA provided in the final rule 

preamble for each of the three rules 

discussed in this action. Thus, notice 

and comment public procedures are 

unnecessary. The Agency finds that this 

constitutes a good cause under 5 U.S.C. 

553(b)(3)(B). See also the final sentence 

of section 307(d)(1) of the Clean Air Act 

(CAA), 42 U.S.C. 307(d)(1), indicating 

that the good cause provisions in 

subsection 553(b) of the APA continue 

to apply to this type of rulemaking 

under section 307(d) of the CAA. 

On the November 19, 2021, the EPA 

finalized amendments to multiple 

NESHAPs. The first rule finalized the 

Refractory Products Manufacturing 

Residual Risk and Technology Review 

(86 FR 66045). The second rule finalized 

the Carbon Black Production (major 

sources) and Cyanide Chemical 

Manufacturing Residual Risk and 

Technology Reviews and the Carbon 

Black Production Area Source 

Technology Review (86 FR 66096). Both 

actions incorporated by reference three 

different test methods: ASTM D4282– 

15, Standard Test Method for 

Determination of Free Cyanide in Water 

and Wastewater by Microdiffusion, 

approved July 15, 2015; ASTM D6784– 

16; Standard Test Method for Elemental, 

Oxidized, Particle-Bound and Total 

Mercury in Flue Gas Generated from 

Coal-Fired Stationary Sources (Ontario 

Hydro Method), approved March 1, 

2016; and ASTM D7237–18, Standard 

Test Method for Free Cyanide and 

Aquatic Free Cyanide with Flow 

Injection Analysis (FIA) Utilizing Gas 

Diffusion Separation and Amperometric 

Detection, approved December 1, 2018. 

This was the first time these test 

methods were incorporated by reference 

under the Code of Federal Regulations 

(CFR). Because the methods were 

incorporated by reference for the first 

time and the final rules published on 

the same date, there was an error in 

alphanumerically ordering the test 

methods in 40 CFR 63.14. The ordering 

and instructions of the standards in the 

centralized IBR section were incorrect. 

Thus, the redesignations and additions 

of the standards were unable to be 

published in the CFR. Therefore, the 

EPA finds good cause to make the 

correction in this direct final action. 

II. Summary of Cost, Environmental, 

and Economic Impacts 

This action will have no cost, 

environmental, energy, or economic 

impacts beyond those impacts presented 

in the NESHAPs for Refractory Products 

Manufacturing Residual Risk and 

Technology Review (86 FR 66045), 

Carbon Black Production (major 

sources) and Cyanide Chemicals 

Manufacturing Residual Risk and 

Technology Reviews and Carbon Black 

Production Area Source Technology 

Review (86 FR 66096) published on 

November 19, 2021. These technical 

corrections are cost neutral. 


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