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 


khammond on DSKJM1Z7X2PROD with RULES
Federal Register / Vol. 87, No. 123 / Tuesday, June 28, 2022 / Rules and Regulations 38285 

Agencies 22a–174–22e, Control of 

nitrogen oxide emissions from fuel 

burning equipment at major stationary 

sources of nitrogen oxides. The EPA has 

made, and will continue to make, these 

documents generally available through 

https://www.regulations.gov and at the 

EPA Region 1 Office (please contact the 

person identified in the FOR FURTHER

INFORMATION CONTACT section of this 

preamble for more information). 

IV. Statutory and Executive Order 

Reviews 

Under the Clean Air Act, the 

Administrator is required to approve a 

SIP submission that complies with the 

provisions of the Act and applicable 

Federal regulations. 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 Clean Air Act. 

Accordingly, 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 Clean Air Act; 

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). 

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. In those areas of 

Indian country, the rule does not have 

tribal implications and will not impose 

substantial direct costs on tribal 

governments or preempt tribal law as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000). 

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 Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by August 29, 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, Nitrogen dioxide, Ozone, 

Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

Dated: June 18, 2022. 

David Cash, 

Regional Administrator, EPA Region 1. 

Part 52 of chapter I, title 40 of the 

Code of Federal Regulations is amended 

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 H—Connecticut 

■ 2. Section 52.370 is amended by 

adding paragraph (c)(128) to read as 

follows: 

§ 52.370 Identification of plan. 

* * * * * 

(c) * * * 

(128) Revisions to the State 

Implementation Plan submitted by the 

Connecticut Department of 

Environmental Protection on December 

20, 2021 and amended on May 3, 2022. 

(i) Incorporation by reference. (A) 

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. 

(B) [Reserved] 

(ii) [Reserved] 

■ 3. Section 52.375 is amended by 

adding paragraph (i) to read as follows: 

§ 52.375 Certification of no sources. 

* * * * * 

(i) In its December 21, 2020, submittal 

to EPA pertaining to reasonably 

available control technology 

requirements as a serious area for the 

2008 ozone standard and for the 2015 

ozone standard as a state containing a 

moderate nonattainment area and a 

marginal nonattainment area that is part 

of the Ozone Transport Region, the State 

of Connecticut certified to the 

satisfaction of EPA that no sources 

located in the State are covered by the 

following Control Technique 

Guidelines: 

(1) Automobile and Light-Duty Truck 

Assembly Coatings. 

(2) Control of VOC Emissions from 

Large Petroleum Dry Cleaners. 

(3) Fiberglass Boat Manufacturing 

Materials. 

(4) Control of VOC Equipment Leaks 

from Natural Gas/Gasoline Processing 

Plants. 

(5) Control of Refinery Vacuum 

Producing Systems, Wastewater 

Separators, and Process Unit 

Turnarounds. 

(6) Control of Volatile Organic 

Compound Leaks from Petroleum 

Refinery Equipment. 

(7) Flatwood Paneling Coatings. 

(8) The Oil and Natural Gas Industry. 


khammond on DSKJM1Z7X2PROD with RULES
38286 Federal Register / Vol. 87, No. 123 / Tuesday, June 28, 2022 / Rules and Regulations 

■ 4. Section 52.377 is amended by 

adding paragraphs (u) and (v) to read as 

follows: 

§ 52.377 Control strategy: Ozone. 

* * * * * 

(u) Approval—Revisions to the 

Connecticut State Implementation Plan 

(SIP) submitted on December 21, 2020. 

The SIP revisions satisfy the 

requirement to implement reasonably 

available control technology (RACT) for 

sources of volatile organic compounds 

(VOC) and oxides of nitrogen (NOX) as 

a serious nonattainment area for 

purposes of the 2008 ozone standard, 

and also approves RACT for 

Connecticut for the 2015 ozone standard 

as a state containing a moderate 

nonattainment area and a marginal area 

that is located within the Ozone 

Transport Region. 

(v) Approval—Submittal from the 

Connecticut Department of Energy and 

Environmental Protection dated 

December 21, 2020, to address the 

nonattainment new source review 

(NNSR) requirements as a serious 

nonattainment area for the 2008 8-hour 

ozone standard for the Greater 

Connecticut and the New York-N. New 

Jersey-Long Island, NY-NJ-CT ozone 

nonattainment areas, and also approves 

NNSR for Connecticut for the 2015 

ozone standard as a state containing a 

moderate and a marginal nonattainment 

area and being located within the Ozone 

Transport Region as it meets the 

requirements for both the state’s 

marginal and moderate classifications. 

[FR Doc. 2022–13539 Filed 6–27–22; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 1 

[MD Docket Nos. 21–190 and 22–223; FCC 

22–39; FR ID 91796] 

Assessment and Collection of 

Regulatory Fees for Fiscal Year 2022 

AGENCY: Federal Communications 

Commission. 

ACTION: Final action. 

SUMMARY: In this document, the Federal 

Communications Commission 

(Commission) establishes a fee 

methodology for calculating small 

satellite fees. 

DATES: This final action is effective July 

28, 2022. Pursuant to section 9(d) of the 

Communications Act, the methodology 

for calculating small satellite fees 

requires notification to Congress at least 

90 days before it becomes effective. 

Notification to Congress was provided 

on June 3, 2022, and therefore the 

effective date for the small satellite 

methodology is September 1, 2022. 

FOR FURTHER INFORMATION CONTACT: 

Roland Helvajian, Office of Managing 

Director at (202) 418–0444. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Commission’s Report 

and Order, FCC 22–39, MD Docket Nos. 

21–190 and 22–223, adopted on June 1, 

2022, and released on June 2, 2022. The 

full text of this document is available for 

public inspection by downloading the 

text from the Commission’s website at 

https://docs.fcc.gov/public/ 

attachments/FCC-22-39A1.pdf. 

I. Procedural Matters 

A. Final Regulatory Flexibility Analysis 

1. As required by the Regulatory 

Flexibility Act of 1980 (RFA), the 

Commission has prepared a Final 

Regulatory Flexibility Analysis (FRFA) 

relating to the Report and Order. The 

FRFA is located at the end of this 

document. 

B. Final Paperwork Reduction Act of 

1995 Analysis 

2. This document does not contain 

new or modified information collection 

requirements subject to the Paperwork 

Reduction Act of 1995 (PRA), Public 

Law 104–13. In addition, therefore, it 

does not contain any new or modified 

information collection burden for small 

business concerns with fewer than 25 

employees, pursuant to the Small 

Business Paperwork Relief Act of 2002, 

Public Law 107–198, see 44 U.S.C. 

3506(c)(4). 

C. Congressional Review Act 

3. The Commission has determined, 

and the Administrator of the Office of 

Information and Regulatory Affairs, 

Office of Management and Budget, 

concurs that these rules are non-major 

under the Congressional Review Act, 5 

U.S.C. 804(2). The Commission will 

send a copy of the Report & Order to 

Congress and the Government 

Accountability Office pursuant to 5 

U.S.C. 801(a)(1)(A). 

II. Introduction 

4. In this document, we adopt a fee 

methodology for calculating small 

satellite fees. 

A. Space Station Regulatory Fees 

5. For regulatory fee purposes, space 

stations are divided into two main 

categories: (1) geostationary orbit (GSO) 

space stations and (2) NGSO space 

stations. With respect to NGSO space 

stations, consistent with our full time 

equivalent (FTE) allocation time and the 

distinct benefits received by small 

satellite NGSO fee payors, for FY 2022, 

we adopt a methodology for calculating 

the regulatory fee for small satellites and 

small spacecraft (for purposes of this 

proceeding, we refer to them together as 

‘‘small satellites’’) based on 1/20th (5%) 

of the average of the non-small satellite 

NGSO space station regulatory fee rates 

from the current fiscal year on a per 

license basis. To implement this 

methodology for FY 2022, in the notice 

of proposed rulemaking (NPRM) 

published elsewhere in this issue of the 

Federal Register (FY 2022 NPRM; FR 

Doc. 2022–13231), we seek comment on 

the proposed regulatory fee rates for the 

subcategories of NGSO—small satellite, 

NGSO—less complex space stations, 

and NGSO—other space stations for FY 

2022. We also address certain regulatory 

fee proposals in the record regarding 

spacecraft involved in on-orbit servicing 

and rendezvous and proximity 

operations. We tentatively conclude that 

the addition of a new regulatory fee 

category for spacecraft conducting these 

types of operations would be premature, 

but seek further comment on this topic, 

including as it relates to spacecraft that 

may be conducting on-orbit servicing 

operations near the GSO arc. 

1. Methodology for Calculating 

Regulatory Fees for Small Satellites and 

Related Issues 

6. Although the Commission adopted 

the small satellite regulatory fee 

category in 2019, we are just beginning 

to implement a fee methodology for 

satellites and systems licensed as ‘‘small 

satellites’’ because they have just only 

started to become operational. This 

fiscal year, we will assess fees against 

this category of regulatees for the first 

time given that, as of October 2021, 

there were five licenses for operational 

space stations that are in this small 

satellite regulatory fee category. For the 

reasons discussed below, our 

expectation and predictive judgment is 

that our FTEs will spend approximately 

twenty times more time on regulating 

one non-small satellite NGSO system on 

average compared to the time spent 

regulating one small satellite license. 

Thus, in the FY 2022 NPRM, we propose 

a small satellite fee on a per-license 

basis of $12,145. 

7. This proposed fee is based on the 

methodology we adopt herein by 

calculating 1/20th (5%) of the average 

regulatory fee rate for a non-small NGSO 

system in FY 2022, which we calculated 

to be $242,878 (the average of the ‘‘less 

complex’’ NGSO space station fee of 

$142,865 and the ‘‘other’’ NGSO space 

station fee of $342,890, which would be 


khammond on DSKJM1Z7X2PROD with RULES