38282 Federal Register / Vol. 87, No. 123 / Tuesday, June 28, 2022 / Rules and Regulations 

TABLE 1 

[Datum NAD 1983] 

Event Location Event date 

(20) Elk Rapids Harbor Days Fireworks; Elk Rapids, MI.All U.S. navigable waters within the arc of a circle with an approximate 500-foot radius from the fireworks launch site located on a 

barge in position 44°54′6.95′′ N, 85°25′3.11′′ W.

On August 6, 2022, from 10 p.m. 

through 10:30 p.m. 

(21) Nautical City Fireworks, Rogers City.All U.S. navigable waters within the arc of a circle with an approximate 750-foot radius from the fireworks launch site located near 

Harbor View Road in position 45°24′59.07.72′′ N, 083°47′50.57′′ W.

On August 7, 2022, from 10 p.m. 

through 10:30 p.m. 

This action is being taken to provide 

for the safety of life on navigable 

waterways during the fireworks 

displays. The regulations for safety 

zones within the Captain of the Port 

Sault Sainte Marie Zone, § 165.918, 

apply for these fireworks displays. 

This notification of enforcement is 

issued under authority of 33 CFR 

165.918 and 5 U.S.C. 552(a). In addition 

to this notification of enforcement in the 

Federal Register, the Coast Guard will 

provide the maritime community with 

advance notification of this enforcement 

period via Broadcast Notice to Mariners 

or Local Notice to Mariners. If the 

Captain of the Port Sault Sainte Marie 

determines that the safety zone need not 

be enforced for the full duration stated 

in this notification, he may use a 

Broadcast Notice to Mariners to grant 

general permission to enter the 

respective safety zone. 

Dated: June 22, 2022. 

A.R. Jones, 

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

Port Sault Sainte Marie. 

[FR Doc. 2022–13679 Filed 6–27–22; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2022–0516] 

RIN 1625–AA00 

Safety Zone; Mackinac Island 4th of 

July Celebration Fireworks, Lake 

Huron, Mackinac Island, MI 

AGENCY: Coast Guard, Department of 

Homeland Security (DHS). 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

navigable waters within a 750-foot 

radius of a fireworks display in Lake 

Huron near Mackinac Island, MI. The 

safety zone is necessary to protect 

personnel, vessels, and the marine 

environment from potential hazards 

created by the fireworks display. Entry 

of vessels or persons into this safety 

zone is prohibited unless specifically 

authorized by the Captain of the Port 

Sault Sainte Marie or his designated 

representative. 

DATES: This rule is effective from 9 p.m. 

through 12:01 a.m. on July 4, 2022. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2022– 

0516 in the ‘‘SEARCH’’ box and click 

‘‘SEARCH.’’ Next, in the Document 

Type column, select ‘‘Supporting & 

Related Material.’’ 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call or 

email LT Deaven Palenzuela, U.S. Coast 

Guard Sector Sault Sainte Marie 

Waterways Management, U.S. Coast 

Guard; telephone 906–635–3223, email 

ssmprevention@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

DHS Department of Homeland Security 

FR Federal Register 

NPRM Notice of proposed rulemaking 

§ Section 

U.S.C. United States Code 

II. Background Information and 

Regulatory History 

The Coast Guard is issuing this 

temporary rule without prior notice and 

opportunity to comment pursuant to 

authority under section 4(a) of the 

Administrative Procedure Act (APA) (5 

U.S.C. 553(b)). This provision 

authorizes an agency to issue a rule 

without prior notice and opportunity to 

comment when the agency for good 

cause finds that those procedures are 

‘‘impracticable, unnecessary, or contrary 

to the public interest.’’ Under 5 U.S.C. 

553(b)(B), the Coast Guard finds that 

good cause exists for not publishing a 

notice of proposed rulemaking (NPRM) 

with respect to this rule because doing 

so would be impracticable. The Coast 

Guard did not receive sufficient notice 

of this event to undergo notice and 

comment and this safety zone must be 

established by July 4, 2022, in order to 

protect the public from the dangers 

associated with the fireworks display. 

Under 5 U.S.C. 553(d)(3), the Coast 

Guard finds that good cause exists for 

making this rule effective less than 30 

days after publication in the Federal 

Register. Delaying the effective date of 

this rule would be impracticable as 

immediate action is necessary to protect 

against the potential safety hazards 

associated with the fireworks display. 

III. Legal Authority and Need for Rule 

The Coast Guard is issuing this rule 

under authority in 46 U.S.C. 70034 

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

Captain of the Port Sault Sainte Marie 

(COTP) has determined that potential 

hazards associated with the fireworks 

display on July 4, 2022, would be a 

safety concern for anyone within the 

safety zone. This rule is necessary to 

protect personnel, vessels, and the 

marine environment in the navigable 

waters within the safety zone during the 

fireworks display. 

IV. Discussion of the Rule 

This rule establishes a safety zone 

from 9 p.m. through 12:01 a.m. on July 

4, 2022. The safety zone will cover all 

navigable waters within 750 feet of a 

fireworks display in Lake Huron near 

Mackinac Island, MI. The duration of 

the safety zone is intended to protect 

personnel, vessels, and the marine 

environment in these navigable waters 

during the fireworks display. No vessel 

or person will be permitted to enter the 

safety zone without obtaining 

permission from the COTP Sault Sainte 

Marie or his designated representative. 

V. Regulatory Analyses 

We developed this 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 


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Federal Register / Vol. 87, No. 123 / Tuesday, June 28, 2022 / Rules and Regulations 38283 

benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits. 

This rule has not been designated a 

‘‘significant regulatory action,’’ under 

Executive Order 12866. Accordingly, 

this rule has not been reviewed by the 

Office of Management and Budget 

(OMB). 

This regulatory action determination 

is based on the characteristics of the 

safety zone. Vessel traffic will be able to 

safely transit around this safety zone 

which would impact a small designated 

area of Lake Huron near Mackinac 

Island for approximately 3 hours. 

Moreover, under certain conditions 

vessels may still transit through the 

safety zone when permitted by the 

COTP Sault Sainte Marie or his 

designated representative. 

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 rule will 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 V.A above, this 

rule will not have a significant 

economic impact on any vessel owner 

or operator. 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (Pub. L. 104–121), 

we want to assist small entities in 

understanding this rule. If the 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. 

Small businesses may send comments 

on the actions of Federal employees 

who enforce, or otherwise determine 

compliance with, Federal regulations to 

the Small Business and Agriculture 

Regulatory Enforcement Ombudsman 

and the Regional Small Business 

Regulatory Fairness Boards. The 

Ombudsman evaluates these actions 

annually and rates each agency’s 

responsiveness to small business. If you 

wish to comment on actions by 

employees of the Coast Guard, call 1– 

888–REG–FAIR (1–888–734–3247). The 

Coast Guard will not retaliate against 

small entities that question or complain 

about this rule or any policy or action 

of the Coast Guard. 

C. Collection of Information 

This rule will 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 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 approximately 3 hours that 

will prohibit entry within a 750-foot 

radius of a fireworks display in Lake 

Huron near Mackinac Island, MI. 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 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.T09–0516 to read as 

follows: 

§ 165.T09–0516 Safety Zone; Mackinac 

Island 4th of July Celebration Fireworks, 

Lake Huron, Mackinac Island, MI. 

(a) Location. The following area is a 

safety zone: All navigable water within 

750 feet of the fireworks launching 

location in position 45°50′30′′ N, 

84°36′30′′ 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 


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38284 Federal Register / Vol. 87, No. 123 / Tuesday, June 28, 2022 / Rules and Regulations 

safety zone described in paragraph (a) of 

this section is prohibited unless 

authorized by the COTP 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 COTP 

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 

COTP Sault Sainte Marie or his 

designated representative. 

(d) Enforcement period. The safety 

zone described in paragraph (a) of this 

section will be enforced from 9 p.m. 

through 12:01 a.m. on July 4, 2022. 

Dated: June 22, 2022. 

A.R. Jones, 

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

Port Sault Sainte Marie. 

[FR Doc. 2022–13678 Filed 6–27–22; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R01–OAR–2022–0113; FRL–9656–02– 

R1] 

Air Plan Approval; State 

Implementation Plan Revisions 

Required by the 2008 and 2015 Ozone 

Standards 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving State 

Implementation Plan (SIP) revisions 

submitted by the State of Connecticut 

for purposes of implementing the 2008 

and 2015 ozone National Ambient Air 

Quality Standards (NAAQS). The SIP 

revisions consist of a demonstration that 

Connecticut meets the requirements of 

reasonably available control technology 

(RACT) for the two precursors for 

ground-level ozone, oxides of nitrogen 

(NOX) and volatile organic compounds 

(VOCs), set forth by the Clean Air Act 

(CAA, or the Act) with respect to the 

2008 and 2015 ozone standards. We are 

also approving a Consent Order that 

establishes NOX RACT requirements for 

four facilities in the state. Additionally, 

we are approving Connecticut’s 

certification that it meets the 

nonattainment new source review 

(NNSR) requirements of the CAA for 

purposes of the 2008 and 2015 ozone 

standards. This action is being taken in 

accordance with the Clean Air Act. 

DATES: This rule is effective on July 28, 

2022. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R01–OAR– 

2022–0113. All documents in the docket 

are listed on the https://

www.regulations.gov website. Although 

listed in the index, some information is 

not publicly available, i.e., CBI 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 at https://

www.regulations.gov or at the U.S. 

Environmental Protection Agency, EPA 

Region 1 Regional Office, Air and 

Radiation Division, 5 Post Office 

Square—Suite 100, Boston, MA. EPA 

requests that if at all possible, you 

contact the contact 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 legal holidays and 

facility closures due to COVID–19. 

FOR FURTHER INFORMATION CONTACT: Bob 

McConnell, Air Quality Branch, U.S. 

Environmental Protection Agency, EPA 

New England Regional Office, 5 Post 

Office Square, Suite 100 (mail code 05– 

2), Boston, MA 02109–3912, telephone 

number (617) 918–1046, email 

mcconnell.robert@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

EPA. 

Table of Contents 

I. Background and Purpose 

II. Final Action 

III. Incorporation by Reference 

IV. Statutory and Executive Order Reviews 

I. Background and Purpose 

On March 25, 2022, (87 FR 17052), 

EPA published a Notice of Proposed 

Rulemaking (NPRM) for the State of 

Connecticut. The NPRM proposed 

approval of a demonstration that 

Connecticut meets the requirements of 

RACT for NOX and VOCs set forth by 

the CAA with respect to the 2008 and 

2015 ozone standards, and Consent 

Order #8377 that establishes NOX RACT 

requirements for Middletown Power 

LLC, Montville Power LLC, Connecticut 

Jet Power LLC, and Devon Power LLC. 

We note that our March 25, 2022, 

proposal indicated that these four 

facilities were owned and operated by 

NRG Connecticut. However, the 

Connecticut Department of Energy and 

Environmental Protection (CT DEEP) 

provided us with an administrative 

update to this order to reflect that a new 

owner, Generation Bridge Acquisition 

LLC, purchased the assets that are the 

subject of the order effective as of 

November 1, 2021. Therefore, on May 5, 

2022, CT DEEP submitted an updated 

order, Consent Order #8377, 

Modification 1, and we are approving 

that updated order into the state’s SIP. 

Our March 25, 2022 proposal also 

proposed to approve negative 

declarations for a number of source 

categories for which EPA has 

established Control Technique 

Guidelines (CTGs). We note that 

Connecticut’s December 21, 2020, 

submittal included a negative 

declaration for EPA’s 2016 Oil and Gas 

CTG, which we approved separately on 

March 30, 2022 (see 87 FR 18274). 

Additionally, our NPRM proposed 

approval of a certification that 

Connecticut meets the NNSR 

requirements of the Act for purposes of 

the 2008 and 2015 ozone standards. The 

formal SIP revisions were submitted by 

Connecticut on December 21, 2020. The 

specific requirements of these SIP 

revisions and the rationale for EPA’s 

proposed action are explained in the 

NPRM and will not be restated here. No 

public comments were received on the 

NPRM. 

II. Final Action 

EPA is approving Connecticut’s 

certification that it meets the 

requirements of RACT for NOX and 

VOCs set forth by the CAA with respect 

to the 2008 and 2015 ozone standards, 

Consent Order #8377, Modification 1, 

that establishes NOX RACT 

requirements for Middleton Power LLC, 

Montville Power LLC, Connecticut Jet 

Power LLC, and Devon Power LLC, and 

a certification that Connecticut meets 

the NNSR requirements of the Act for 

purposes of the 2008 and 2015 ozone 

standards, as revisions to the 

Connecticut SIP. 

III. Incorporation by Reference 

In this rule, the EPA is finalizing 

regulatory text that includes 

incorporation by reference. In 

accordance with requirements of 1 CFR 

51.5, the EPA is finalizing the 

incorporation by reference of State of 

Connecticut, Department of Energy and 

Environmental Protection, Consent 

Order #8377, Modification 1, issued to 

Middletown Power LLC, Montville 

Power LLC, Connecticut Jet Power LLC, 

and Devon Power LLC, May 3, 2022. 

The order establishes NOX RACT 

requirements for these facilities for 

purposes of complying with Phase 2 of 

the Regulations of Connecticut State 


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