34576 Federal Register / Vol. 87, No. 109 / Tuesday, June 7, 2022 / Rules and Regulations 

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 entry within 500 

yards of the barge, vessels, and 

machinery being used in emergency 

response operations. 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.T05–0431 to read as 

follows: 

§ 165.T05–0431 Safety Zone; Barge Fire; 

Captain of the Port Delaware Bay Zone 

(a) Location. The following area is a 

safety zone: All waters in the Captain of 

the Port Delaware Bay Zone within 500 

yards, from surface to bottom, of the 

barge (Hull Number: CMTYNOT6), and 

vessels, machinery, and equipment 

being used in emergency response and 

salvage operations for that barge. 

(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 Delaware Bay 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 by VHF Channel 16. 

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 May 30, 2022, 

through June 15, 2022, unless canceled 

earlier by the COTP. 

Dated: May 29, 2022. 

Jonathan D. Theel, 

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

Port, Delaware Bay. 

[FR Doc. 2022–12212 Filed 6–6–22; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2022–0437] 

Safety Zones; Delaware River; DRWC 

Fireworks; Penn’s Landing 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of enforcement of 

regulation. 

SUMMARY: The Coast Guard will enforce 

the Penn’s Landing, Delaware River, 

Philadelphia, PA; Safety Zone from 8:30 

p.m. through 9:15 p.m. on June 8, 2022 

to provide for the safety of life on 

navigable waterways during this 

firework event. Our regulation for 

marine events within the Fifth Coast 

Guard District identifies the regulated 

area for this event in Philadelphia, PA. 

During the enforcement period, the 

operator of any vessel in the regulated 

area must comply with directions from 

the Patrol Commander or any Official 

Patrol displaying a Coast Guard ensign. 

DATES: The regulation in table 1 to 

paragraph (h)(1) to 33 CFR 165.506, 

entry 10, will be enforced 8:45 p.m. 

through 9:15 p.m. on June 8, 2022. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions about this notice of 

enforcement, you may call or email 

Petty Officer Thomas Welker, U.S. Coast 

Guard, Sector Delaware Bay, Waterways 

Management Division, telephone 215– 

271–4814, email Thomas.j.welker@

uscg.mil. 

SUPPLEMENTARY INFORMATION: The Coast 

Guard will enforce the safety zone in 

table 1 to paragraph (h)(1) to 33 CFR 

165.506, entry 10 for the DRWC 

Fireworks Display from 8:30 p.m. until 

9:15 p.m. on June 8, 2022. This action 

is necessary to ensure safety of life on 

the navigable waters of the United 

States immediately prior to, during, and 

immediately after the fireworks 

displays. Our regulation for safety zones 

of fireworks displays within the Fifth 

Coast Guard District, table 1 to 

paragraph (h)(1) to 33 CFR 165.506, 

entry 10 specifies the location of the 

regulated area as all waters of Delaware 

River, adjacent to Penn’s Landing, 

Philadelphia, PA, within 500 yards of 

the launch site at approximate position 

latitude 39°56′49′′ N, longitude 

075°08′11′′ W. During the enforcement 

period, as reflected in § 165.506(d), 

vessels may not enter, remain in, or 

transit through the safety zone unless 

authorized by the Captain of the Port or 


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Federal Register / Vol. 87, No. 109 / Tuesday, June 7, 2022 / Rules and Regulations 34577 

1A Board Order issued by the Board is a 

regulatory instrument which specifies air pollution 

control limits or requirements for a specific source 

or company. See 66 FR 53665, 53671 (October 23, 

2001) (Response 2I). 

2The Louisville Area was subsequently 

redesignated to attainment for the 1979 1-hour 

ozone NAAQS. See 66 FR 53665 (October 23, 2001). 

More recently, the Louisville Area was designated 

as Marginal nonattainment for the 2015 ozone 

NAAQS. See 83 FR 25776 (June 4, 2018). 

3EPA incorporated Regulation 6.42 into the 

Jefferson County portion of the Kentucky SIP on 

October 23, 2001. See 66 FR 53658. 

designated Coast Guard patrol personnel 

on-scene. 

In addition to this notice of 

enforcement in the Federal Register, the 

Coast Guard will provide notification of 

this enforcement period via broadcast 

notice to mariners. 

Dated: June 1, 2022. 

Jonathan D. Theel, 

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

Port Delaware Bay. 

[FR Doc. 2022–12266 Filed 6–6–22; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2021–0188; FRL–9775–02– 

R4] 

Air Plan Approval; Kentucky; Source 

Specific Changes for Jefferson County 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving changes to 

the Kentucky State Implementation Plan 

(SIP), submitted by the Commonwealth 

of Kentucky, through the Energy and 

Environment Cabinet (Cabinet), on 

March 4, 2020, and supplemented on 

January 28, 2022. The changes were 

submitted on behalf of the Louisville 

Metro Air Pollution Control District 

(District), which has jurisdiction over 

Jefferson County, Kentucky, and make 

changes to a Reasonably Available 

Control Technology (RACT) 

determination for a specific major 

source of nitrogen oxides (NOX) and 

volatile organic compound (VOC) 

emissions. EPA is approving these 

changes as they are consistent with the 

Clean Air Act (CAA or Act). 

DATES: This rule is effective July 7, 

2022. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R04–OAR– 

2021–0188. All documents in the docket 

are listed on the www.regulations.gov 

website. Although listed in the index, 

some information may not be publicly 

available, i.e., 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 form. 

Publicly available docket materials are 

available either electronically through 

www.regulations.gov or in hard copy at 

the Air Regulatory Management Section, 

Air Planning and Implementation 

Branch, Air and Radiation Division, 

U.S. Environmental Protection Agency, 

Region 4, 61 Forsyth Street SW, Atlanta, 

Georgia 30303–8960. EPA requests that 

if at all possible, you contact the person 

listed in the FOR FURTHER INFORMATION

CONTACT section to schedule your 

inspection. The Regional Office’s 

official hours of business are Monday 

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

excluding Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Sarah LaRocca, Air Regulatory 

Management Section, Air Planning and 

Implementation Branch, Air and 

Radiation Division, Region 4, U.S. 

Environmental Protection Agency, 61 

Forsyth Street SW, Atlanta, Georgia 

30303–8960. The telephone number is 

(404) 562–8994. Ms. LaRocca can also 

be reached via electronic mail at 

larocca.sarah@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

EPA is approving changes to the 

Kentucky SIP that were received by EPA 

on March 4, 2020, and supplemented on 

January 28, 2022. Approval of this 

submission incorporates Board Order— 

Amendment 2, issued by the Air 

Pollution Control Board of Jefferson 

County (Board) for American Synthetic 

Rubber Company (ASRC), into the SIP. 

This amended Board Order 1 replaces in 

the SIP the existing Board Order issued 

by the Board for ASRC. 

II. Analysis of State Submission 

Three counties in the Louisville area 

(Jefferson County in Kentucky and Clark 

and Floyd Counties in Indiana) were 

designated as nonattainment for ozone 

on March 3, 1978 (43 FR 8962). On 

November 6, 1991 (56 FR 56694), after 

the CAA Amendments of 1990 were 

enacted, Jefferson County and portions 

of Bullitt and Oldham Counties in 

Kentucky and the Indiana Counties of 

Clark and Floyd were designated as the 

Louisville Moderate ozone 

nonattainment area (Louisville Area) 

under section 107(d)(4)(A) as a result of 

monitored violations of the 1979 1-hour 

ozone national ambient air quality 

standards (NAAQS) during 1987–1989.2

Section 182(b)(2) of the CAA requires 

states to adopt RACT for all major 

stationary sources of VOC in Moderate 

and above ozone nonattainment areas. 

Section 182(f) of the CAA requires that 

the same provisions for major stationary 

sources of VOC shall also apply to major 

stationary sources of NOX. Therefore, 

pursuant to section 182(f), RACT is a 

requirement, with certain exceptions 

described therein, for major sources of 

NOX in ozone nonattainment areas 

where VOC RACT applies. 

To comply with the NOX RACT 

requirement, which was a result of the 

Moderate nonattainment area 

designation for the 1-hour ozone 

NAAQS, the District submitted Jefferson 

County Air Quality Regulation 6.42, 

Reasonably Available Control 

Technology Requirements for Major 

Volatile Organic Compound- and 

Nitrogen Oxides-Emitting Facilities, to 

EPA approval.3 Regulation 6.42 requires 

the establishment and implementation 

of RACT, including the determination 

and demonstration of compliance with 

RACT, for certain emission units located 

at a major stationary source of NOX or 

VOC emissions and requires that each 

determination of RACT approved by the 

District be submitted to EPA as a sourcespecific revision to the Kentucky SIP. 

RACT is defined at paragraph 1.66 of 

District Regulation 1.02 as meaning 

‘‘devices, systems, process 

modifications, or other apparatus or 

techniques, including pollution 

prevention approaches, that are 

reasonably available taking into account 

the necessity of imposing those controls 

in order to attain and maintain a 

national ambient air quality standard 

and the social, environmental, and 

economic impact of those controls.’’ 

As discussed in EPA’s June 22, 2001 

(66 FR 33505), proposal to redesignate 

the Louisville Area to attainment for the 

1979 1-hour ozone NAAQS, Regulation 

6.42 has been implemented in part by 

means of Board Orders adopted by the 

Air Pollution Control Board of Jefferson 

County. Such Board Orders contain 

NOX RACT and VOC RACT plans, 

which set forth RACT requirements for 

the source, including monitoring, 

recordkeeping, and reporting 

requirements, as attachments. 

On August 1, 2019, ASRC submitted 

a proposed RACT plan to the District for 

three new boilers, referred to as Boilers 

B5, B6, and B7, that are planned to be 

constructed to replace the facility’s 

existing Boiler Nos. 1, 2, 3, and 4. The 

Board approved Board Order— 


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