31796 Federal Register / Vol. 87, No. 101 / Wednesday, May 25, 2022 / Proposed Rules 

V. Public Participation and Request for 

Comments 

We view public participation as 

essential to effective rulemaking, and 

will consider all comments and material 

received during the comment period. 

Your comment can help shape the 

outcome of this rulemaking. If you 

submit a comment, please include the 

docket number for this rulemaking, 

indicate the specific section of this 

document to which each comment 

applies, and provide a reason for each 

suggestion or recommendation. 

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–2022–0303 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 https:// 

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 https:// 

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). 

List of Subjects in 33 CFR Part 117 

Bridges. 

For the reasons discussed in the 

preamble, the Coast Guard proposes to 

amend 33 CFR part 117 as follows: 

PART 117—DRAWBRIDGE 

OPERATION REGULATIONS 

■ 1. The authority citation for part 117 

continues to read as follows: 

Authority: 33 U.S.C. 499; 33 CFR 1.05–1; 

Department of Homeland Security Delegation 

No. 0170.1. 

■ 2. In § 117.401 Trail Creek revise 

paragraph (b) to read as follows: 

§ 117.401 Trail Creek. 

* * * * * 

(b) The draw of the Amtrak Railroad 

Bridge, mile 0.9, at Michigan City shall 

open on signal; except from December 1 

through March 15, the draw shall open 

if at least 12-hours advance notice is 

given. The bridge is authorized to be 

operated remotely. The bridge shall 

operate and maintain a VHF–FM Marine 

Radio. 

* * * * * 

M.J. Johnston, 

Rear Admiral, U.S. Coast Guard, Commander, 

Ninth Coast Guard District. 

[FR Doc. 2022–11121 Filed 5–24–22; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2022–0278] 

RIN 1625–AA00 

Safety Zone; Kittery Coast Guard Day 

Fireworks, Kittery, ME 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard is proposing 

to establish a temporary safety zone for 

certain navigable waters of the 

Piscataqua River near Kittery, Maine. 

This action is necessary to protect 

personnel, vessels, and the marine 

environment from potential hazards 

associated with a fireworks display. 

This proposed regulation would 

prohibit entry of vessels or persons into 

the safety zone unless authorized by the 

Captain of the Port Northern New 

England (COTP) or a designated 

representative. We invite your 

comments on this proposed rulemaking. 

DATES: Comments and related material 

must be received by the Coast Guard on 

or before June 24, 2022. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2022–0278 using the Federal Decision 

Making Portal at https://

www.regulations.gov. See the ‘‘Public 

Participation and Request for 

Comments’’ portion of the 

SUPPLEMENTARY INFORMATION section for 

further instructions on submitting 

comments. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions about this proposed 

rulemaking, call or email Chief Petty 

Officer Christopher Mckibben, 

Waterways Management Division, 

Sector Northern New England, U.S. 

Coast Guard; telephone 207–347–5003, 

email Christopher.R.Mckibben@

uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

COTP Captain of the Port Northern New 

England 

DHS Department of Homeland Security 

FR Federal Register 

NPRM Notice of proposed rulemaking 

§ Section 

U.S.C. United States Code 

II. Background, Purpose, and Legal 

Basis 

On March 28, 2022, the Wood Island 

Life Saving Station Association notified 

the Coast Guard that it will be 

conducting a fireworks display from 9 

p.m. to 9:30 p.m. on August 6, 2022. 

The fireworks are to be launched from 

anchored floats on the Piscataqua River 

located approximately 1000 yards 

northwest of Fort Foster, Kittery, ME in 

position 43°04′23.9′′ N, 070°41′57.4′′ W 

(NAD83). Hazards from firework 

displays include accidental discharge of 

fireworks, dangerous projectiles, and 

falling hot embers or other debris. The 

Captain of the Port Northern New 

England (COTP) has determined that 

potential hazards associated with the 

fireworks to be used in this display 

would be a safety concern for anyone 

within a 500-foot radius of the fireworks 

launch floats. 

The purpose of this rulemaking is to 

ensure the safety of vessels on the 

navigable waters within a 500-foot 

radius of the firework launch floats 

before, during, and after the scheduled 

event. The Coast Guard is proposing this 

rulemaking under authority in 46 U.S.C. 

70034 (previously 33 U.S.C. 1231). 

III. Discussion of Proposed Rule 

The COTP is proposing to establish a 

safety zone from 9 p.m. to 9:30 p.m. on 

August 6, 2022. The safety zone would 

cover all navigable waters within 500 

feet of the anchored firework floats in 

the Piscataqua River located 

approximately 1000 yards northwest of 

Fort Foster in Kittery, ME. The duration 

of the zone is intended to ensure the 

safety of vessels and these navigable 

waters before, during, and after the 

scheduled 9 p.m. to 9:30 p.m. fireworks 

display on August 6, 2022. No vessel or 

person would be permitted to enter the 

safety zone without obtaining 

permission from the COTP or a 

designated representative. The 


lotter on DSK11XQN23PROD with PROPOSALS1
Federal Register / Vol. 87, No. 101 / Wednesday, May 25, 2022 / Proposed Rules 31797 

regulatory text we are proposing appears 

at the end of this document. 

IV. Regulatory Analyses 

We developed this proposed 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 NPRM has not been designated a 

‘‘significant regulatory action,’’ under 

Executive Order 12866. Accordingly, 

the NPRM 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. The safety 

zone would only impact a 500-foot 

radius around firework launch floats on 

the Piscataqua River in Kittery, ME and 

would only be enforced during the 9 

p.m. to 9:30 p.m. fireworks display on 

August 6, 2022. Public notice of 

enforcement will be given through 

appropriate means, which may include, 

but are not limited to, publication in the 

Local Notice to Mariners and Broadcast 

Notice to Mariners via VHF–FM marine 

channel 16. 

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 proposed rule would 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 IV.A above, 

this proposed rule would not have a 

significant economic impact on any 

vessel owner or operator. 

If you think that your business, 

organization, or governmental 

jurisdiction qualifies as a small entity 

and that this proposed rule would have 

a significant economic impact on it, 

please submit a comment (see 

ADDRESSES) explaining why you think it 

qualifies and how and to what degree 

this rule would economically affect it. 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (Public Law 104– 

121), we want to assist small entities in 

understanding this proposed rule. If the 

proposed 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. The Coast 

Guard will not retaliate against small 

entities that question or complain about 

this proposed rule or any policy or 

action of the Coast Guard. 

C. Collection of Information 

This proposed rule would 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 proposed 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 proposed rule does not have 

tribal implications under Executive 

Order 13175 (Consultation and 

Coordination with Indian Tribal 

Governments) because it would 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. 

If you believe this proposed rule has 

implications for federalism or Indian 

tribes, please call or email the person 

listed in the FOR FURTHER INFORMATION

CONTACT section. 

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 

proposed rule would not result in such 

an expenditure, we do discuss the 

potential effects of this proposed rule 

elsewhere in this preamble. 

F. Environment 

We have analyzed this proposed 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 made a preliminary determination 

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 proposed 

rule involves establishing a safety zone 

that would be enforced for 0.5 hours 

that would prohibit entry within a 500- 

foot radius of firework launch floats. 

Normally such actions are 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 preliminary 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. We 

seek any comments or information that 

may lead to the discovery of a 

significant environmental impact from 

this proposed rule. 

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. 

V. Public Participation and Request for 

Comments 

We view public participation as 

essential to effective rulemaking, and 

will consider all comments and material 

received during the comment period. 

Your comment can help shape the 

outcome of this rulemaking. If you 

submit a comment, please include the 

docket number for this rulemaking, 

indicate the specific section of this 

document to which each comment 

applies, and provide a reason for each 

suggestion or recommendation. 

Submitting comments. We encourage 

you to submit comments through the 

Federal Decision Making Portal at 


lotter on DSK11XQN23PROD with PROPOSALS1
31798 Federal Register / Vol. 87, No. 101 / Wednesday, May 25, 2022 / Proposed Rules 

https://www.regulations.gov. To do so, 

go to https://www.regulations.gov, type 

USCG–2022–0278 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 you cannot submit 

your material by using https://

www.regulations.gov, call or email the 

person in the FOR FURTHER INFORMATION

CONTACT section of this proposed rule 

for alternate instructions. 

Viewing material in docket. 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. 

Personal information. We accept 

anonymous comments. Comments we 

post to https://www.regulations.gov will 

include any personal information you 

have provided. For more about privacy 

and submissions to the docket in 

response to this document, see DHS’s 

eRulemaking System of Records notice 

(85 FR 14226, March 11, 2020). 

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 is proposing 

to amend 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.T01–0278 to read as 

follows: 

§ 165.T01–0278 Safety Zone; Kittery Coast 

Guard Day Fireworks, Kittery, ME. 

(a) Location. The following area is a 

safety zone: All navigable waters of the 

Piscataqua River, from surface to 

bottom, within a 500-foot radius of the 

firework launch floats, located 

approximately 1000 yards northwest of 

Fort Foster, Kittery, ME in position 

43°04′23.9′′ N, 070°41′57.4′′ W (NAD83. 

(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 Northern New England (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–FM marine 

channel 16 or by contacting the Coast 

Guard Sector Northern New England 

Command Center at (207) 741–5465. 

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. 

(d) Enforcement period. This section 

will be enforced from 9 p.m. to 9:30 

p.m. on August 6, 2022. 

Dated: May 19, 2022. 

A. E. Florentino, 

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

Port Northern New England. 

[FR Doc. 2022–11270 Filed 5–24–22; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2022–0347; FRL–9333–01– 

R3] 

Federal Implementation Plan 

Addressing Reasonably Available 

Control Technology Requirements for 

Certain Sources in Pennsylvania 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing a Federal 

implementation plan (FIP) for the 

Commonwealth of Pennsylvania 

(Pennsylvania or the Commonwealth). 

This FIP proposes to set emission limits 

for nitrogen oxides (NOX) emitted from 

coal-fired electric generating units 

(EGUs) equipped with selective catalytic 

reduction (SCR) in order to meet the 

reasonably available control technology 

(RACT) requirements for the 1997 and 

2008 ozone national ambient air quality 

standards (NAAQS). The FIP is being 

proposed to ensure that EPA can, if 

necessary, meet a court-ordered 

deadline requiring EPA to approve an 

amended State Implementation Plan 

(SIP) or issue a FIP by August 27, 2022. 

This action is being taken under the 

Clean Air Act (CAA). 

DATES: Comments must be received by 

July 11, 2022. 

Public hearing: EPA will hold a 

virtual public hearing on June 9, 2022. 

Please refer to the SUPPLEMENTARY

INFORMATION section for additional 

information on the public hearing. 

ADDRESSES: You may send comments, 

identified by Docket ID No. EPA–R03– 

OAR–2022–0347; via the Federal 

eRulemaking Portal: https://

www.regulations.gov/ (our preferred 

method). Follow the online instructions 

for submitting comments. 

Instructions: All submissions received 

must include the Docket ID No. for this 

rulemaking. Comments received may be 

posted without change to https://

www.regulations.gov/, including any 

personal information provided. For 

detailed instructions on sending 

comments and additional information 

on the rulemaking process, see the 

‘‘Public Participation’’ heading of the 

SUPPLEMENTARY INFORMATION section of 

this document. Out of an abundance of 

caution for members of the public and 

our staff, the EPA Docket Center and 

Reading Room are open to the public by 

appointment only to reduce the risk of 

transmitting COVID–19. Our Docket 

Center staff also continues to provide 

remote customer service via email, 

phone, and webform. Hand deliveries 

and couriers may be received by 

scheduled appointment only. For 

further information on EPA Docket 

Center services and the current status, 

please visit us online at https://

www.epa.gov/dockets. 

FOR FURTHER INFORMATION CONTACT: 

David Talley, Permits Branch (3AD10), 

Air & Radiation Division, U.S. 

Environmental Protection Agency, 

Region III, 1650 Arch Street, 

Philadelphia, Pennsylvania 19103. The 

telephone number is (215) 814–2117. 

Mr. Talley can also be reached via 

electronic mail at talley.david@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Public Participation 

A. Written Comments 

Submit your comments, identified by 

Docket ID No. EPA–R03–OAR–2022– 

0347 at https://www.regulations.gov 

(our preferred method), or the other 

methods identified in the ADDRESSES

section. Once submitted, comments 


lotter on DSK11XQN23PROD with PROPOSALS1