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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37236 Federal Register / Vol. 87, No. 119 / Wednesday, June 22, 2022 / Rules and Regulations 

1See Final Rule, National Ambient Air Quality 

Standards for Ozone, 80 FR 65292 (October 26, 

2015). 

2EPA previously made findings of failure to 

submit with respect to interstate transport 

obligations for the 2015 8-hour ozone NAAQS for 

a number of other states. See 84 FR 66612 

(December 5, 2019). As discussed further in this 

notice, at the time EPA made those findings, 

Alabama had provided a complete submission, 

which it has subsequently withdrawn. 

3Previously, EPA proposed approval of 

Alabama’s August 20, 2018, interstate transport SIP 

submission for the 2015 8-hour ozone NAAQS 

based on modeling released in 2018. See 84 FR 

71854 (December 30, 2019). However, based on new 

modeling released in 2020, it became evident that 

Alabama was projected to be linked above 1 percent 

of the 2015 8-hour ozone NAAQS to downwind 

nonattainment and maintenance receptors (see 87 

FR 9553 n.40). As a result, EPA deferred acting on 

Alabama’s SIP submission when it published a 

supplemental proposal in 2021 to approve four 

other southeastern states’ good neighbor SIP 

submissions using the updated modeling. See 86 FR 

37942, 37943 (July 19, 2021). Additional modeling 

confirmed the results of the 2020 modeling. In its 

February 22, 2022, notice, EPA announced that the 

Agency was withdrawing its 2019 proposed 

approval and was proposing disapproval of that 

submission instead. See 87 FR 9545 (February 22, 

2022). 

4See the docket for this rulemaking for a copy of 

Alabama’s April 21, 2022, withdrawal letter. 

5While this letter is included in the docket for 

this action, and explains the deficiencies in the 

April 21, 2022, document, EPA is not reopening its 

determination of incompleteness in this action. 

6EPA notes that there is no mechanism for the 

State to rescind the prior withdrawal of its August 

20, 2018, submission. See, e.g., 80 FR 39961, 

39964–65 (July 13, 2015); see also Letter, from 

Beverly H. Banister, USEPA Region 4, to Sheila 

Holman, NCDENR, ‘‘Response to North Carolina’s 

June 26, 2015 Letter Seeking to Rescind the 

September 3, 2014 Withdrawal of the 2008 Ozone 

Infrastructure State Implementation Plan 

Certification Regarding Interstate Transport’’ (June 

30, 2015) (EPA–HQ–OAR–2012–0943–0062) 

(finding rescission of SIP withdrawal to constitute 

an incomplete SIP revision and ‘‘inappropriate’’ 

where the withdrawal was relied upon by plaintiffs 

and EPA in resolving deadline-suit litigation). 

‘‘infrastructure’’ SIP because it ensures 

that states can implement, maintain, 

and enforce the new or revised air 

standards. Within these requirements, 

CAA section 110(a)(2)(D)(i) contains 

requirements to address interstate 

transport of NAAQS pollutants. A SIP 

for this sub-section is referred to as an 

‘‘interstate transport SIP.’’ In turn, CAA 

section 110(a)(2)(D)(i)(I) requires that 

such a plan contain adequate provisions 

to prohibit emissions from the state that 

will contribute significantly to 

nonattainment of the NAAQS in any 

other state (‘‘prong 1’’) or interfere with 

maintenance of the NAAQS in any other 

state (‘‘prong 2’’). Interstate transport 

prongs 1 and 2, also called collectively 

the ‘‘good neighbor’’ provision, are the 

requirements relevant to this action. 

Pursuant to CAA section 110(k)(1)(B), 

EPA must determine within 60 days of 

receipt, but no later than 6 months after 

the date by which a state is required to 

submit a SIP revision, whether a state 

has made a submission that meets the 

minimum completeness criteria 

established pursuant to CAA section 

110(k)(1)(A). These criteria are set forth 

at 40 CFR part 51, appendix V. EPA 

refers to the determination that a state 

has not submitted a SIP submission that 

meets the minimum completeness 

criteria as a ‘‘finding of failure to 

submit.’’ If EPA finds a state has failed 

to submit a SIP revision to meet its 

statutory obligation to address CAA 

section 110(a)(2)(D)(i)(I), then pursuant 

to CAA section 110(c)(1), EPA has not 

only the authority, but the obligation, to 

promulgate a FIP within 2 years to 

address the CAA requirement. This 

finding, therefore, starts a 2-year 

‘‘clock’’ for promulgation by EPA of a 

FIP, in accordance with CAA section 

110(c)(1), unless prior to such 

promulgation the state submits, and 

EPA approves, a revision from the state 

to meet the requirements of CAA section 

110(a)(2)(D)(i)(I). Even where EPA has 

promulgated a FIP, EPA will withdraw 

that FIP if a state submits, and EPA 

approves, a SIP satisfying the relevant 

requirements. EPA notes that this action 

does not start a mandatory sanctions 

clock pursuant to CAA section 179 

because this finding of failure to submit 

does not pertain to a part D plan for 

nonattainment areas, required under 

CAA section 110(a)(2)(I), or a SIP call 

pursuant to CAA section 110(k)(5). 

B. Background on 2015 Ozone NAAQS, 

Alabama SIP Revisions, and 

Incompleteness Determination 

On October 1, 2015, EPA promulgated 

a new 8-hour primary and secondary 

ozone NAAQS of 70 parts per billion 

(ppb), which is met when the 3-year 

average of the annual fourth highest 

daily maximum 8-hour concentration 

does not exceed 70 ppb.1 Pursuant to 

the 3-year period provided in CAA 

section 110(a)(1), infrastructure SIP 

revisions addressing the revised 

standard were due on October 1, 2018.2

On August 20, 2018, Alabama 

submitted a SIP revision to address the 

interstate transport requirements for the 

2015 8-hour ozone NAAQS. On 

February 22, 2022, EPA proposed to 

disapprove Alabama’s August 20, 2018, 

SIP revision because the Agency 

preliminarily determined, based on 

updated EPA modeling, that Alabama’s 

SIP revision did not meet CAA 

requirements to contain the necessary 

provisions to eliminate emissions that 

will contribute significantly to 

nonattainment or interfere with 

maintenance of the 2015 8-hour ozone 

NAAQS in any other state.3 See 87 FR 

9545. 

On April 21, 2022, Alabama withdrew 

its August 20, 2018, SIP revision.4

Additionally, on that same day, 

Alabama provided EPA a new SIP 

revision to address the CAA interstate 

transport requirements for the 2015 8- 

hour ozone NAAQS. 

According to the CAA, a SIP revision 

may be considered ‘‘complete’’ by either 

of two methods: (1) EPA may make a 

determination that a SIP is complete 

under the ‘‘completeness criteria’’ set 

out at 40 CFR part 51, appendix V, see 

CAA section 110(k)(1); or (2) a SIP may 

be deemed complete by operation of law 

if EPA has failed to make a 

completeness determination within 6 

months after receipt of the State’s SIP 

submission, see CAA section 

110(k)(1)(B). 

EPA evaluated the SIP revision that 

Alabama sent on April 21, 2022, for 

completeness pursuant to the criteria in 

40 CFR part 51, appendix V, and 

concluded it is an incomplete SIP 

submission. On June 15, 2022, EPA sent 

a letter to Alabama explaining the 

Agency’s incompleteness determination. 

This letter is included in the docket for 

this action.5

Where EPA determines that a SIP 

revision does not meet the Appendix V 

completeness criteria, the state shall be 

treated as not having made the 

submission. See CAA section 

110(k)(1)(C). Accordingly, EPA is 

finding that Alabama has failed to 

submit a complete SIP revision 

addressing the requirements of CAA 

section 110(a)(2)(D)(i)(I) for the 2015 8- 

hour ozone NAAQS. Notwithstanding 

this finding, and the associated 

obligation of EPA to promulgate a FIP 

for Alabama within two years of this 

finding, EPA intends to continue to 

work with Alabama in order to provide 

assistance as necessary to help the State 

develop an approvable SIP revision.6

III. Finding of Failure To Submit for 

Failing To Make an Interstate 

Transport SIP Submission for the 2015 

Ozone NAAQS 

As explained in Section II of this 

preamble, EPA finds the Alabama has 

not submitted a complete interstate 

transport SIP revision to meet the 

requirements of CAA section 

110(a)(2)(D)(i)(I) for the 2015 8-hour 

ozone NAAQS. 

IV. Environmental Justice 

Considerations 

This notice makes a procedural 

finding that Alabama has failed to 

submit a SIP revision to address CAA 

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

ozone NAAQS. EPA did not conduct an 


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Federal Register / Vol. 87, No. 119 / Wednesday, June 22, 2022 / Rules and Regulations 37237 

environmental analysis for this action 

because it would not directly affect the 

air emissions of particular sources. 

Because this action will not directly 

affect the air emissions of particular 

sources, it does not affect the level of 

protection provided to human health or 

the environment. Therefore, this action 

will not have potential 

disproportionately high and adverse 

human health or environmental effects 

on minority, low-income or indigenous 

populations. 

V. Statutory and Executive Order 

Reviews 

A. Executive Orders 12866: Regulatory 

Planning and Executive Order 13563: 

Improving Regulation and Regulatory 

Review 

This action is not a significant 

regulatory action and was, therefore, not 

submitted to the Office of Management 

and Budget (OMB) for review. 

B. Paperwork Reduction Act 

This action does not impose an 

information collection burden under the 

provisions of the Paperwork Reduction 

Act. This final action does not establish 

any new information collection 

requirement apart from what is already 

required by law. This finding relates to 

the requirement in the CAA for states to 

submit SIPs under section 

110(a)(2)(D)(i)(I) of the CAA for the 2015 

ozone NAAQS. 

C. Regulatory Flexibility Act (RFA) 

This action is not subject to the RFA. 

The RFA applies only to rules subject to 

notice and comment rulemaking 

requirements under the Administrative 

Procedure Act (APA), 5 U.S.C. 553 or 

any other statute. This action is not 

subject to notice and comment 

requirements because the agency has 

invoked the APA ‘‘good cause’’ 

exemption under 5 U.S.C. 553(b). 

D. Unfunded Mandates Reform Act of 

1995 (UMRA) 

This action does not contain any 

unfunded mandate as described in 

UMRA 2 U.S.C. 1531–1538 and does not 

significantly or uniquely affect small 

governments. The action imposes no 

enforceable duty on any state, local or 

tribal governments or the private sector. 

E. Executive Order 13132: Federalism 

This action does not have federalism 

implications. It will not have substantial 

direct effects 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. 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

This action does not have tribal 

implications as specified in Executive 

Order 13175. This action finds that 

Alabama has failed to complete the 

requirement in the CAA to submit a SIP 

under section 110(a)(2)(D)(i)(I) of the 

CAA for the 2015 ozone NAAQS. No 

tribe is subject to the requirement to 

submit a transport SIP under section 

110(a)(2)(D)(i)(I) of the CAA for the 2015 

ozone NAAQS. In addition, the SIP is 

not approved to apply on any Indian 

reservation land or in any other area 

where EPA or an Indian tribe has 

demonstrated that a tribe has 

jurisdiction. Thus, Executive Order 

13175 does not apply to this action. 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

and Safety Risks 

EPA interprets Executive Order 13045 

as applying only to those regulatory 

actions that concern health or safety 

risks that EPA has reason to believe may 

disproportionately affect children, per 

the definition of ‘‘covered regulatory 

action’’ in section 2–202 of the 

Executive Order. This action is not 

subject to Executive Order 13045 

because it is a finding that Alabama has 

failed to submit a complete SIP that 

satisfies interstate transport 

requirements under section 

110(a)(2)(D)(i)(I) of the CAA for the 2015 

ozone NAAQS and does not directly or 

disproportionately affect children. 

H. Executive Order 13211: Actions That 

Significantly Affect Energy Supply, 

Distribution or Use 

This action is not subject to Executive 

Order 13211, because it is not a 

significant regulatory action under 

Executive Order 12866. 

I. National Technology Transfer and 

Advancement Act 

This rulemaking does not involve 

technical standards. 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

EPA believes the human health or 

environmental risk addressed by this 

action will not have potential 

disproportionately high and adverse 

human health or environmental effects 

on minority, low-income, or indigenous 

populations. In finding that Alabama 

has failed to submit a complete SIP that 

satisfies the interstate transport 

requirements under section 

110(a)(2)(D)(i)(I) of the CAA for the 2015 

ozone NAAQS, this action does not 

adversely affect the level of protection 

provided to human health or the 

environment. 

K. Congressional Review Act (CRA) 

This action is subject to the CRA, and 

EPA will submit a rule report to each 

House of the Congress and to the 

Comptroller General of the United 

States. This action is not a ‘‘major rule’’ 

as defined by 5 U.S.C. 804(2). 

L. Judicial Review 

Under section 307(b)(1) of the CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by August 22, 2022. Filing a 

petition for reconsideration by the 

Administrator of this final rule does not 

affect the finality of this rule for the 

purposes of judicial review nor does it 

extend the time within which a petition 

for judicial review may be filed, and 

shall not postpone the effectiveness of 

such rule or action. This action may not 

be challenged later in proceedings to 

enforce its requirements (see CAA 

section 307(b)(2)). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Ozone, Reporting and recordkeeping 

requirements. 

Dated: June 15, 2022. 

Daniel Blackman, 

Regional Administrator, Region 4. 

[FR Doc. 2022–13292 Filed 6–21–22; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 9 

[PS Docket Nos. 20–291 and 09–14, FCC 

21–80; FRS 91583] 

911 Fee Diversion; New and Emerging 

Technologies 911 Improvement Act of 

2008 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule; announcement of 

compliance date. 

SUMMARY: In this document, the Federal 

Communications Commission 

(Commission) announces that the Office 

of Management and Budget (OMB) has 

approved information collections 

associated with certain rules adopted in 

the 911 Fee Diversion; New and 

Emerging Technologies 911 


khammond on DSKJM1Z7X2PROD with RULES