Federal Register / Vol. 87, No. 118 / Tuesday, June 21, 2022 / Rules and Regulations 36769 

1The North Carolina SIP revision is dated April 

13, 2021, and was submitted to EPA on April 14, 

2021. 

June 21, 2022. This safety zone is 

necessary to protect personnel, vessels, 

and the marine environment from 

potential explosion within the explosive 

arc. The safety zone is open to all 

persons and vessels for transitory use, 

but vessel operators desiring to anchor 

or otherwise loiter within the safety 

zone must obtain the permission of the 

Captain of the Port San Francisco or a 

designated representative. All persons 

and vessels operating within the safety 

zone must comply with all directions 

given to them by the Captain of the Port 

San Francisco or a designated 

representative. 

DATES: The regulations in 33 CFR 

165.1198 will be enforced from 12:01 

a.m. on June 16, 2022 until 11:59 p.m. 

on June 21, 2022. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions about this 

notification of enforcement, call or 

email Lieutenant William Harris, Coast 

Guard Sector San Francisco, Waterways 

Management Division, 415–399–7443, 

SFWaterways@uscg.mil. 

SUPPLEMENTARY INFORMATION: The Coast 

Guard will enforce the safety zone in 33 

CFR 165.1198 for the Military Ocean 

Terminal Concord, CA (MOTCO) 

regulated area from 12:01 a.m. on June 

16, 2022 until 11:59 p.m. on June 21, 

2022, or as announced via marine local 

broadcasts. This safety zone is necessary 

to protect personnel, vessels, and the 

marine environment from potential 

explosion within the explosive arc. The 

regulation for this safety zone, 

§ 165.1198, specifies the location of the 

safety zone which encompasses the 

navigable waters in the area between 

500 yards of MOTCO Pier 2 in position 

38°03′30′′ N, 122°01′14′′ W and 3,000 

yards of the pier. During the 

enforcement periods, as reflected in 

§ 165.1198(d), if you are the operator of 

a vessel in the regulated area you must 

comply with the instructions of the 

COTP or the designated on-scene patrol 

personnel. Vessel operators desiring to 

anchor or otherwise loiter within the 

safety zone must contact Sector San 

Francisco Vessel Traffic Service at 415– 

556–2760 or VHF Channel 14 to obtain 

permission. 

In addition to this notification of 

enforcement in the Federal Register, the 

Coast Guard plans to provide 

notification of this enforcement period 

via marine information broadcasts. 

Dated: June 15, 2022. 

Taylor Q. Lam, 

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

Port San Francisco. 

[FR Doc. 2022–13299 Filed 6–16–22; 11:15 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2021–0610; FRL–9081–02– 

R4] 

Air Plan Approval; North Carolina; 

North Carolina BART Rule Revisions 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is finalizing approval of 

a North Carolina State Implementation 

Plan (SIP) revision, submitted through a 

letter dated April 13, 2021. The SIP 

revision includes changes to North 

Carolina’s SIP-approved rule addressing 

best available retrofit technology 

(BART) for regional haze. EPA is 

approving North Carolina’s SIP revision 

because the changes are consistent with 

Clean Air Act (CAA or Act) 

requirements. 

DATES: This rule is effective July 21, 

2022. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R04–OAR– 

2021–0610. 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: 

Michele Notarianni, 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. 

Ms. Notarianni can be reached via 

telephone at (404) 562–9031 or 

electronic mail at notarianni.michele@

epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

Regional haze is visibility impairment 

that is produced by a multitude of 

sources and activities which are located 

across a broad geographic area and emit 

fine particulate matter (PM2.5) (e.g., 

sulfates, nitrates, organic carbon, 

elemental carbon, and soil dust) and 

their precursors (e.g., sulfur dioxide, 

nitrogen oxides, and in some cases, 

ammonia and volatile organic 

compounds). Fine particle precursors 

react in the atmosphere to form PM2.5, 

which impairs visibility by scattering 

and absorbing light. Visibility 

impairment (i.e., light scattering) 

reduces the clarity, color, and visible 

distance that one can see. 

In sections 169A and 169B of the 

CAA, Congress created a program for 

protecting visibility in the nation’s 

national parks and wilderness areas. 

The CAA establishes as a national goal 

the prevention of any future, and the 

remedying of any existing, 

anthropogenic impairment of visibility 

in 156 national parks and wilderness 

areas designated as mandatory Class I 

federal areas. Section 169A of the CAA 

directs states to evaluate the use of 

retrofit controls at certain larger, often 

uncontrolled, older stationary sources in 

order to address visibility impacts from 

these sources, often referred to as BART 

sources. The BART process includes 

evaluating retrofit controls for certain 

older sources, built between 1962 and 

1977, which are identified as causing or 

contributing to visibility impairment at 

one or more Class I areas. 

On April 27, 2022 (87 FR 24930), EPA 

proposed approval of an April 13, 2021, 

SIP revision from North Carolina, which 

modifies North Carolina’s SIP-approved 

rule at 15A North Carolina 

Administrative Code (NCAC) 02D .0543, 

Best Available Retrofit Technology (NC 

BART Rule) and applies to BARTeligible sources.1 See 87 FR 24930. 

Comments on the April 27, 2022, NPRM 

were due on or before May 27, 2022. No 

public comments, adverse or otherwise, 

were received on the April 27, 2022, 

NPRM. For additional background on 

regional haze, BART, and the NC BART 

Rule, see the April 27, 2022 NPRM. 

II. Incorporation by Reference 

In this document, EPA is finalizing 

regulatory text that includes 

incorporation by reference. In 


jspears on DSK121TN23PROD with RULES1
36770 Federal Register / Vol. 87, No. 118 / Tuesday, June 21, 2022 / Rules and Regulations 

2See 62 FR 27968 (May 22, 1997). 

accordance with requirements of 1 CFR 

51.5, as descried in Section I of the 

preamble, EPA is finalizing the 

incorporation by reference of North 

Carolina rule 15A NCAC 02D .0543, 

entitled ‘‘Best Available Retrofit 

Technology,’’ which became state 

effective November 1, 2020. EPA has 

made, and will continue to make, these 

materials generally available through 

www.regulations.gov and at the EPA 

Region 4 Office (please contact the 

person identified in the FOR FURTHER

INFORMATION CONTACT section of this 

preamble for more information). 

Therefore, these materials have been 

approved by EPA for inclusion in the 

SIP, have been incorporated by 

reference by EPA into that plan, are 

fully federally enforceable under 

sections 110 and 113 of the CAA as of 

the effective date of the final rulemaking 

of EPA’s approval, and will be 

incorporated by reference in the next 

update to the SIP compilation.2

III. Final Action 

EPA is finalizing approval of North 

Carolina’s April 13, 2021, SIP revision, 

which makes changes to North 

Carolina’s SIP-approved rule addressing 

BART for regional haze, because the 

rule changes are consistent with CAA 

requirements. 

IV. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

Act and applicable Federal regulations. 

See 42 U.S.C. 7410(k); 40 CFR 52.02(a). 

Thus, in reviewing SIP submissions, 

EPA’s role is to approve state choices, 

provided that they meet the criteria of 

the CAA. This action merely approves 

state law as meeting Federal 

requirements and does not impose 

additional requirements beyond those 

imposed by state law. For that reason, 

this action: 

• Is not a significant regulatory action 

subject to review by the Office of 

Management and Budget under 

Executive Orders 12866 (58 FR 51735, 

October 4, 1993) and 13563 (76 FR 3821, 

January 21, 2011); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the CAA; and 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

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. In those areas of Indian 

country, the rule does not have tribal 

implications as specified by Executive 

Order 13175 (65 FR 67249, November 9, 

2000), nor will it impose substantial 

direct costs on tribal governments or 

preempt tribal law. 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this action and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

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

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 action 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 section 

307(b)(2). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen dioxide, Particulate matter, 

Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: June 13, 2022. 

Daniel Blackman, 

Regional Administrator, Region 4. 

For the reasons stated in the 

preamble, the EPA amends 40 CFR part 

52 as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

Subpart II—North Carolina 

■ 2. In § 52.1770 amend the table in 

paragraph (c)(1) by revising the entry for 

‘‘Section .0543.’’ 

The revision reads as follows: 

§ 52.1770 Identification of plan. 

* * * * * 

(c) * * * 


jspears on DSK121TN23PROD with RULES1
Federal Register / Vol. 87, No. 118 / Tuesday, June 21, 2022 / Rules and Regulations 36771 

(1) EPA-APPROVED NORTH CAROLINA REGULATIONS

State citation Title/subject 

State 

effective 

date 

EPA approval date Explanation 

*******

Section .0543 ........ Best Available Retrofit Technology 11/1/2020 6/21/2022, [Insert citation of publication].

* * * * * * * 

* * * * * 

[FR Doc. 2022–13161 Filed 6–17–22; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket No. 140722613–4908–02; RTID 

0648–XC105] 

Coastal Migratory Pelagic Resources 

of the Gulf of Mexico and Atlantic 

Region; Commercial Closure for 

Atlantic Spanish Mackerel in the 

Northern Zone 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS implements an 

accountability measure (AM) for 

commercial Spanish mackerel in the 

northern zone of the Atlantic exclusive 

economic zone (EEZ). NMFS projects 

that the commercial quota for Spanish 

mackerel in the northern zone of the 

Atlantic EEZ will be reached by June 21, 

2022. Therefore, NMFS closes the 

northern zone in the Atlantic EEZ to 

commercial harvest of Spanish mackerel 

on June 21, 2022. This closure is 

necessary to protect the Spanish 

mackerel resource in the Atlantic. 

DATES: This temporary rule is effective 

at 12:01 a.m., eastern time, on June 21 

2022, until February 28, 2023. 

FOR FURTHER INFORMATION CONTACT: 

Mary Vara, NMFS Southeast Regional 

Office, telephone: 727–824–5305, or 

email: mary.vara@noaa.gov. 

SUPPLEMENTARY INFORMATION: The 

fishery for coastal migratory pelagic fish 

in the Atlantic includes king mackerel, 

Spanish mackerel, and cobia on the east 

coast of Florida, and is managed under 

the Fishery Management Plan for 

Coastal Migratory Pelagic Resources of 

the Gulf of Mexico and Atlantic Region 

(FMP). The FMP was prepared by the 

Gulf of Mexico and South Atlantic 

Fishery Management Councils. The 

FMP is implemented by NMFS under 

the authority of the Magnuson-Stevens 

Fishery Conservation and Management 

Act (Magnuson-Stevens Act) through 

regulations at 50 CFR part 622. All 

weights described for Spanish mackerel 

in the Atlantic EEZ apply as either 

round or gutted weight. 

The commercial annual catch limit 

(equal to the commercial quota) for the 

Atlantic migratory group of Spanish 

mackerel (Atlantic Spanish mackerel) is 

3.33 million lb (1.51 million kg). 

Atlantic Spanish mackerel are divided 

into northern and southern zones for 

management purposes. The northern 

zone commercial quota for Atlantic 

Spanish mackerel is 662,670 lb (300,582 

kg) for the current fishing year, which 

is March 1, 2022, through February 28, 

2023 (50 CFR 622.384(c)(2)(i)). 

The northern zone for Atlantic 

Spanish mackerel extends in Federal 

waters from New York through North 

Carolina. The northern boundary of the 

northern zone extends from an 

intersection point off New York, 

Connecticut, and Rhode Island at 

41°18′16.249′′ N latitude and 

71°54′28.477′′ W longitude, and 

proceeds southeast to 37°22′32.75′′ N 

latitude and the intersection point with 

the outward boundary of the EEZ. The 

southern boundary of the northern zone 

extends from the North Carolina and 

South Carolina state border along a line 

in a direction of 135°34′55′′ from true 

north beginning at 33°51′07.9′′ N 

latitude and 78°32′32.6′′ W longitude to 

the intersection point with the outward 

boundary of the EEZ (50 CFR 

622.369(b)(2)). See Figure 2 of appendix 

G to part 622—Spanish Mackerel for an 

illustration of the management zones. 

Regulations at 50 CFR 622.388(d)(1)(i) 

require NMFS to close the commercial 

sector for Atlantic Spanish mackerel in 

the northern zone when the commercial 

quota for that zone is reached, or is 

projected to be reached, by filing such 

a notification with the Office of the 

Federal Register. NMFS projects that the 

commercial quota of 662,670 lb (300,582 

kg) for Atlantic Spanish mackerel in the 

northern zone will be reached by June 

21, 2022. Accordingly, the commercial 

sector for Atlantic Spanish mackerel in 

the northern zone is closed effective at 

12:01 a.m., eastern time, on June 21, 

2022, through February 28, 2023, the 

end of the current fishing year. 

During the commercial closure, a 

person on a vessel that has been issued 

a valid Federal commercial permit to 

harvest Atlantic Spanish mackerel may 

continue to retain this species in the 

northern zone under the recreational 

bag and possession limits specified in 

50 CFR 622.382(a)(1)(iii) and (a)(2)(i), if 

recreational harvest of Atlantic Spanish 

mackerel in the northern zone has not 

been closed (50 CFR 622.384(e)(1)). 

Also during the closure, Atlantic 

Spanish mackerel from the northern 

zone, including those fish harvested 

under the recreational bag and 

possession limits, may not be purchased 

or sold. This prohibition does not apply 

to Atlantic Spanish mackerel from the 

northern zone that were harvested, 

landed ashore, and sold prior to the 

closure and were held in cold storage by 

a dealer or processor (50 CFR 

622.384(e)(2)). 

Classification 

NMFS issues this action pursuant to 

section 305(d) of the Magnuson-Stevens 

Act. This action is required by 50 CFR 

622.8(b), 622.384(e)(2), and 

622.388(d)(1)(i), which were issued 

pursuant to section 304(b) of the 

Magnuson-Stevens Act, and is exempt 

from review under Executive Order 

12866. 

Pursuant to 5 U.S.C. 553(b)(B), there 

is good cause to waive prior notice and 

an opportunity for public comment on 

this action, as notice and comment are 

unnecessary and contrary to the public 

interest. Such procedures are 

unnecessary because the rule 

implementing the commercial quota and 

the associated AM has already been 

subject to notice and public comment, 

and all that remains is to notify the 

public of the closure. Such procedures 

are also contrary to the public interest 


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