37234 Federal Register / Vol. 87, No. 119 / Wednesday, June 22, 2022 / Rules and Regulations 

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 2 hours that will prohibit 

entry within a 500-foot radius of a 

fireworks display in Saint James Harbor. 

It is categorically excluded from further 

review under paragraph L[60(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 record keeping 

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.T09–0364 to read as 

follows: 

§ 165.T09–0364 Safety Zone; Beaver Island 

Fireworks, Saint James Harbor, Lake 

Michigan, MI. 

(a) Location. The following area is a 

safety zone: All navigable water within 

500 feet of the fireworks launching 

location in position 45°44′10.79′′ N 

85°30′48.86′′ W (NAD 83). 

(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 Sault Sainte Marie (COTP) in 

the enforcement of the safety zone. 

(c) Regulations. (1) In accordance with 

the general regulations in § 165.23, entry 

into, transiting, or anchoring within the 

safety zone described in paragraph (a) is 

prohibited unless authorized by the 

Captain of the Port Sault Sainte Marie 

or his designated representative. 

(2) Before a vessel operator may enter 

or operate within the safety zone, they 

must obtain permission from the 

Captain of the Port Sault Sainte Marie 

or his designated representative via VHF 

Channel 16 or telephone at (906) 635– 

3233. Vessel operators given permission 

to enter or operate in the safety zone 

must comply with all orders given to 

them by the Captain of the Port Sault 

Sainte Marie or his designated 

representative. 

(d) Enforcement period. The safety 

zone described in paragraph (a) will be 

enforced from 9 p.m. through 11 p.m. on 

July 5, 2022. 

A.R. Jones, 

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

Port Sault Sainte Marie. 

[FR Doc. 2022–13323 Filed 6–21–22; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2022–0454] 

Safety Zone; San Francisco Giants 

Fireworks Display, San Francisco Bay, 

San Francisco, CA 

AGENCY: Coast Guard, Department of 

Homeland Security (DHS). 

ACTION: Notification of enforcement of 

regulation. 

SUMMARY: The Coast Guard will enforce 

the safety zone for the San Francisco 

Giants Fireworks Display in the Captain 

of the Port, San Francisco area of 

responsibility during the dates and 

times noted below. This action is 

necessary to protect personnel, vessels, 

and the marine environment from the 

hazards associated with the fireworks 

display. During the enforcement period, 

unauthorized persons or vessels are 

prohibited from entering into, transiting 

through, or remaining in the safety zone, 

unless authorized by the Patrol 

Commander (PATCOM), any Official 

Patrol defined as other Federal, state, or 

local law enforcement agencies on scene 

to assist the Coast Guard in enforcing 

the regulated area. 

DATES: The regulations in 33 CFR 

165.1191 will be enforced for the 

location identified in Table 1 to 

§ 165.1191, Item number 1, from 10 a.m. 

until 11:30 p.m. on July 1, 2022. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions about this 

notification of enforcement, call or 

email LT William Harris, Waterways 

Management, U.S. Coast Guard Sector 

San Francisco; telephone (415) 399– 

7443, email SFWaterways@uscg.mil. 

SUPPLEMENTARY INFORMATION: The Coast 

Guard will enforce the safety zone in 33 

CFR 165.1191, Table 1, Item number 1, 

for the San Francisco Giants Fireworks 

Display from 10 a.m. until 11:30 p.m. on 

July 1, 2022. The safety zone will extend 


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Federal Register / Vol. 87, No. 119 / Wednesday, June 22, 2022 / Rules and Regulations 37235 

to all navigable waters of the San 

Francisco Bay, from surface to bottom, 

within a circle formed by connecting all 

points 100 feet out from the fireworks 

barge during the loading, transit, and 

arrival of the fireworks barge from the 

loading location to the display location 

and until the start of the fireworks 

display. From 10 a.m. until 8 p.m. on 

July 1, 2022, the fireworks barge will be 

loading pyrotechnics from Pier 50 in 

San Francisco, CA. The fireworks barge 

will remain at the loading location until 

its transit to the display location. From 

8:30 p.m. to 8:45 p.m. on July 1, 2022, 

the loaded fireworks barge will transit 

from Pier 50 to the launch site near Pier 

48 in approximate position 37°46′36′′ N, 

122°22′56′′ W (NAD 83) where it will 

remain until the conclusion of the 

fireworks display. Upon the 

commencement of the 10-minute 

fireworks display, scheduled to begin at 

the conclusion of the baseball game, 

between approximately 9:30 p.m. and 

10:30 p.m. on July 1, 2022, the safety 

zone will increase in size and 

encompass all navigable waters of the 

San Francisco Bay, from surface to 

bottom, within a circle formed by 

connecting all points 700 feet out from 

the fireworks barge near Pier 48 in 

approximate position 37°46′36′′ N, 

122°22′56′′ W (NAD 83). This safety 

zone will be in enforced from 10 a.m. 

until 11:30 p.m. on July 1, 2022, or as 

announced via Broadcast Notice to 

Mariners. 

Under the provisions of 33 CFR 

165.1191, unauthorized persons or 

vessels are prohibited from entering 

into, transiting through, or anchoring in 

the safety zone during all applicable 

effective dates and times, unless 

authorized to do so by the PATCOM or 

other Official Patrol, defined as a 

Federal, state, or local law enforcement 

agency on scene to assist the Coast 

Guard in enforcing the safety zone. 

During the enforcement period, if you 

are the operator of a vessel in one of the 

safety zones you must comply with 

directions from the Patrol Commander 

or other Official Patrol. The PATCOM or 

Official Patrol may, upon request allow 

the transit of commercial vessels 

through regulated areas when it is safe 

to do so. 

In addition to this notification of 

enforcement in the Federal Register, the 

Coast Guard plans to provide 

notification of this enforcement period 

via the Local Notice to Mariners. 

If the Captain of the Port determines 

that the regulated area need not be 

enforced for the full duration stated in 

this notification, a Broadcast Notice to 

Mariners may be used to grant general 

permission to enter the regulated area. 

Dated: June 15, 2022. 

Taylor Q. Lam, 

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

Port, San Francisco. 

[FR Doc. 2022–13298 Filed 6–21–22; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2022–0506; FRL–9895–01– 

R4] 

Finding of Failure To Submit a Clean 

Air Act Section 110 State 

Implementation Plan for Interstate 

Transport for the 2015 Ozone National 

Ambient Air Quality Standards 

(NAAQS) 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final action. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking final action, 

finding that the State of Alabama failed 

to submit a complete infrastructure 

State Implementation Plan (SIP) 

revision to satisfy certain interstate 

transport requirements of the Clean Air 

Act (CAA or Act) with respect to the 

2015 8-hour ozone national ambient air 

quality standards (NAAQS). 

Specifically, these requirements pertain 

to prohibiting significant contribution to 

nonattainment, or interference with 

maintenance, of the 2015 8-hour ozone 

NAAQS in other states. This finding of 

failure to submit a complete revision 

establishes a 2-year deadline for EPA to 

promulgate a Federal Implementation 

Plan (FIP) to address these interstate 

transport requirements for Alabama 

unless, prior to EPA promulgating a FIP, 

Alabama submits, and EPA approves, a 

SIP that meets these requirements. 

DATES: Effective date of this action is 

July 22, 2022. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R04–OAR– 

2022–0506. 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 can 

either be retrieved electronically via 

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: 

Evan Adams of 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. 

Mr. Adams can be reached by telephone 

at (404) 562–9009, or via electronic mail 

at adams.evan@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Notice and Comment Under the 

Administrative Procedure Act (APA) 

Section 553 of the APA, 5 U.S.C. 

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

agency for good cause finds that notice 

and public procedure are impracticable, 

unnecessary, or contrary to the public 

interest, the agency may issue a rule 

without providing notice and an 

opportunity for public comment. EPA 

has determined that there is good cause 

for making this final agency action 

without prior proposal and opportunity 

for comment because no significant EPA 

judgment is involved in making a 

finding of failure to submit SIPs, or 

elements of SIPs, required by the CAA, 

where states have made no submissions 

or incomplete submissions, to meet the 

requirement. Specifically, and as 

discussed further in the preamble, 

Alabama has withdrawn a prior 

submission and has not made a 

complete submission under CAA 

section 110(a)(2)(D)(i)(I) for the 2015 

ozone NAAQS. Thus, notice and public 

procedure are unnecessary. EPA finds 

that this constitutes good cause under 5 

U.S.C. 553(b)(3)(B). 

II. Background and Overview 

A. Interstate Transport SIPs 

CAA section 110(a) imposes an 

obligation upon states to submit SIP 

revisions that provide for the 

implementation, maintenance, and 

enforcement of a new or revised 

NAAQS within 3 years following the 

promulgation of that NAAQS. CAA 

section 110(a)(2) lists specific 

requirements that states must meet in 

these SIP submissions, as applicable. 

EPA refers to this type of SIP as an 


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