39750 Federal Register / Vol. 87, No. 127 / Tuesday, July 5, 2022 / Rules and Regulations 

List of Subjects in 33 CFR Part 100 

Marine safety, Navigation (water), 

Reporting and recordkeeping 

requirements, Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 100 as follows: 

PART 100—SAFETY OF LIFE ON 

NAVIGABLE WATERS 

■ 1. The authority citation for part 100 

continues to read as follows: 

Authority: 46 U.S.C. 70041; 33 CFR 1.05– 

1. 

■ 2. Add § 100.T08–0551 to read as 

follows: 

§ 100.T08–0551 Marietta River Front Roar, 

Ohio River, Marietta, OH. 

(a) Regulated area. The regulations in 

this section apply to the following area: 

all navigable waters of the Ohio River 

from mile marker 171 to mile marker 

173 near Marietta Riverfront Park 

Marietta, OH. 

(b) Definitions. As used in this 

section: 

Designated representative means a 

Coast Guard Patrol Commander 

(PATCOM), 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 Ohio Valley (COTP) in the 

enforcement of the regulations in this 

section. 

Participant means all persons and 

vessels registered with the event 

sponsor as a participants in the race. 

(c) Regulations. (1) The Coast Guard 

may patrol the event area under the 

direction of a designated Coast Guard 

Patrol Commander. The Patrol 

Commander may be contacted on 

Channel 16 VHF–FM (156.8 MHz) by 

the call sign ‘‘PATCOM.’’ 

(2) All persons and vessels not 

registered with the sponsor as 

participants or official patrol vessels are 

considered spectators. The ‘‘official 

patrol vessels’’ consist of any Coast 

Guard, state or local law enforcement 

and sponsor provided vessels assigned 

or approved by the Commander, Eighth 

Coast Guard District, to patrol the event. 

(3) Spectator vessels desiring to 

transit the regulated area described in 

paragraph (a) of this section may do so 

only with prior approval of the Patrol 

Commander and when so directed by 

that officer and will be operated at a no 

wake speed in a manner which will not 

endanger participants in the event or 

any other craft. 

(4) No spectator shall anchor, block, 

loiter, or impede the through transit of 

participants or official patrol vessels in 

the regulated area described in 

paragraph (a) of this section during the 

effective dates and times, unless cleared 

for entry by or through an official patrol 

vessel. 

(5) The Patrol Commander may forbid 

and control the movement of all vessels 

in the regulated area described in 

paragraph (a) of this section. When 

hailed or signaled by an official patrol 

vessel, a vessel shall come to an 

immediate stop and comply with the 

directions given. Failure to do so may 

result in expulsion from the area, 

citation for failure to comply, or both 

(6) Any spectator vessel may anchor 

outside the regulated area described in 

paragraph (a) of this section, but may 

not anchor in, block, or loiter in a 

navigable channel. 

(7) The Patrol Commander may 

terminate the event or the operation of 

any vessel at any time it is deemed 

necessary for the protection of life or 

property. 

(8) To seek permission to enter, 

contact the COTP or the COTP’s 

representative by VHF–FM marine radio 

channel 16 or phone at 1–800–253– 

7465. Those in the regulated area must 

comply with all lawful orders or 

directions given to them by the COTP or 

the designated representative. 

(9) The COTP will provide notice of 

the regulated area through advanced 

notice via local notice to mariners and 

broadcast notice to mariners and by onscene designated representatives. 

(d) Enforcement periods. This special 

local regulation will be enforced from 

9:30 a.m. to 5:00 p.m. on July 9, 2022 

and 9:30 a.m. to 4:00 p.m. on July 10, 

2022. 

Dated: June 28, 2022. 

A.M. Beach, 

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

Port Ohio Valley. 

[FR Doc. 2022–14223 Filed 7–1–22; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 81 

[EPA–R05–OAR–2021–0054; EPA–R05– 

OAR–2022–0254; FRL–9686–02–Region 5] 

Air Plan Approval; Indiana; 

Redesignation of the Indiana Portion of 

the Louisville, Indiana-Kentucky Area 

to Attainment of the 2015 Ozone 

Standards 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) finds that the Indiana 

portion of the Louisville, IndianaKentucky area (Area) is attaining the 

2015 primary and secondary ozone 

National Ambient Air Quality Standards 

(NAAQS), and acts in accordance with 

a request from the Indiana Department 

of Environmental Management (IDEM) 

to redesignate the Indiana portion of the 

area to attainment for the 2015 ozone 

NAAQS because the request meets the 

statutory requirements for redesignation 

under the Clean Air Act (CAA). The 

Area includes Clark and Floyd Counties 

in Indiana and Bullitt, Jefferson, and 

Oldham Counties in Kentucky. IDEM 

submitted this request on February 21, 

2022. EPA is approving, as a revision to 

the Indiana State Implementation Plan 

(SIP), the State’s plan for maintaining 

the 2015 ozone NAAQS through 2035 in 

the Indiana portion of the Louisville 

area. EPA also finds adequate and is 

approving Indiana’s 2035 volatile 

organic compound (VOC) and oxides of 

nitrogen (NOX) Motor Vehicle Emission 

Budgets (budgets) for the Indiana 

portion of the Louisville area. Finally, 

EPA is approving portions of a separate 

January 21, 2021, submittal from IDEM 

as meeting the applicable requirements 

for a base year emissions inventory for 

the area and emissions statement 

program for Lake, Porter, Clary, and 

Floyd counties. EPA proposed to 

approve these actions on May 18, 2022, 

and received no adverse comments. 

DATES: This final rule is effective on July 

5, 2022. 

ADDRESSES: EPA has established dockets 

for this action under Docket ID EPA– 

R05–OAR–2020–0054, or EPA–R05– 

OAR–2022–0254. All documents in the 

docket are listed on the 

www.regulations.gov website. Although 

listed in the index, some information is 

not publicly available, i.e., Confidential 

Business Information (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 either through 

www.regulations.gov or at the 

Environmental Protection Agency, 

Region 5, Air and Radiation Division, 77 

West Jackson Boulevard, Chicago, 

Illinois 60604. This facility is open from 

8:30 a.m. to 4:30 p.m., Monday through 

Friday, excluding Federal holidays and 

facility closures due to COVID–19. We 

recommend that you telephone Andrew 

Lee, Physical Scientist, at (312) 353– 

7645 before visiting the Region 5 office. 


lotter on DSK11XQN23PROD with RULES1
Federal Register / Vol. 87, No. 127 / Tuesday, July 5, 2022 / Rules and Regulations 39751 

FOR FURTHER INFORMATION CONTACT: 

Andrew Lee, Physical Scientist, 

Attainment Planning and Maintenance 

Section, Air Programs Branch (AR–18J), 

Environmental Protection Agency, 

Region 5, 77 West Jackson Boulevard, 

Chicago, Illinois 60604, (312) 353–7645, 

lee.andrew.c@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

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

EPA. 

I. Background Information 

On May 18, 2022 (87 FR 30129), EPA 

proposed to approve the 2015 Ozone 

NAAQS redesignation and maintenance 

plan for the Indiana portion of the 

Louisville area and IDEM’s 2035 VOC 

and NOX motor vehicle emission 

budgets for the Indiana portion of the 

Louisville area. EPA also proposed to 

approve IDEM’s emission inventory for 

the Indiana portion of the Louisville 

area under the 2015 Ozone NAAQS, and 

IDEM’s emission statement certification 

for the 2015 ozone standard. An 

explanation of the CAA requirements, a 

detailed analysis of the revisions, and 

EPA’s reasons for proposing approval 

were provided in the notice of proposed 

rulemaking and will not be restated 

here. The public comment period for 

this proposed rule ended on June 17, 

2022. EPA received no comments on the 

proposal. We are finalizing our action as 

proposed. 

II. Final Action 

EPA finds that the Indiana portion of 

the Area is attaining the 2015 ozone 

NAAQS based on quality-assured and 

certified monitoring data for 2019–2021 

and that the Area has met the 

requirements for redesignation under 

section 107(d)(3)(E) of the CAA. EPA is 

thus approving a change in the legal 

designation of the Indiana portion of the 

Area from nonattainment to attainment 

for the 2015 ozone NAAQS. EPA is also 

approving, as a revision to the Indiana 

SIP, the State’s maintenance plan for the 

Area. The maintenance plan is designed 

to keep the Indiana portion of the Area 

in attainment of the 2015 ozone NAAQS 

through 2035. EPA also finds adequate 

and is approving the 2035 VOC and 

NOX motor vehicle emission budgets for 

the Indiana portion of the Area. EPA is 

further approving the base year 

emissions inventories for the Indiana 

portion of the Area under the 2015 

ozone NAAQS. Finally, we are 

confirming that Indiana has acceptable 

and enforceable annual emission 

statement regulations that require all 

facilities located in Lake, Porter, Clark, 

and Floyd Counties that emit greater 

than or equal to 25 tons/year of NOX or 

VOC during the reporting year to submit 

annual emissions statements. 

In accordance with 5 U.S.C. 553(d) of 

the Administrative Procedure Act 

(APA), EPA finds there is good cause for 

this action to become effective 

immediately upon publication. The 

immediate effective date for this action 

is authorized under 5 U.S.C. 553(d)(1). 

Section 553(d)(1) of the APA provides 

that final rules shall not become 

effective until 30 days after publication 

in the Federal Register ‘‘except . . . a 

substantive rule which grants or 

recognizes an exemption or relieves a 

restriction.’’ The purpose of this 

provision is to ‘‘give affected parties a 

reasonable time to adjust their behavior 

before the final rule takes effect.’’ 

Omnipoint Corp. v. Fed. Commc’n 

Comm’n, 78 F.3d 620, 630 (D.C. Cir. 

1996); see also United States v. 

Gavrilovic, 551 F.2d 1099, 1104 (8th Cir. 

1977) (quoting legislative history). 

However, when the agency grants or 

recognizes an exemption or relieves a 

restriction, affected parties do not need 

a reasonable time to adjust because the 

effect is not adverse. EPA has 

determined that this rule relieves a 

restriction because this rule relieves 

sources in the area of Nonattainment 

New Source Review (NNSR) permitting 

requirements; instead, upon the 

effective date of this action, sources will 

be subject to less restrictive Prevention 

of Significant Deterioration (PSD) 

permitting requirements. For this 

reason, EPA finds good cause under 5 

U.S.C. 553(d)(1) for this action to 

become effective on the date of 

publication of this action. 

III. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

CAA 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 CAA. 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 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). 

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). 

This action is subject to the 

Congressional Review Act, 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). 

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 September 6, 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).) 


lotter on DSK11XQN23PROD with RULES1
39752 Federal Register / Vol. 87, No. 127 / Tuesday, July 5, 2022 / Rules and Regulations 

List of Subjects 

40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen dioxide, Ozone, Volatile 

organic compounds. 

40 CFR Part 81 

Environmental protection, Air 

pollution control, National parks, 

Wilderness areas. 

Dated: June 28, 2022. 

Cheryl Newton, 

Deputy Regional Administrator, Region 5. 

For the reasons stated in the 

preamble, 40 CFR parts 52 and 81 are 

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. 

■ 2. In § 52.770, the table in paragraph 

(e) is amended by adding entries for 

‘‘Clark and Floyd Counties 2015 8-hour 

Ozone Emission Inventory,’’ ‘‘Lake, 

Porter, Clark, and Floyd Counties 2015 

8-hour Ozone Emission Statement’’ and 

‘‘Clark and Floyd Counties 2015 8-hour 

Ozone Maintenance Plan’’ immediately 

following the entry for ‘‘Lake and Porter 

Counties 2008 8-hour Ozone 

Maintenance Plan’’ to read as follows: 

§ 52.770 Identification of plan. 

* * * * * 

(e) * * * 

EPA-APPROVED INDIANA NONREGULATORY AND QUASI-REGULATORY PROVISIONS

Title Indiana date EPA approval Explanation 

*******

Clark and Floyd Counties 2015 8-hour Ozone Emission Inventory.1/21/2021 7/5/2022, [INSERT Federal Register CITATION] ..

Lake, Porter, Clark, and Floyd Counties 2015 8- 

hour Ozone Emission Statement.

1/21/2021 7/5/2022, [INSERT Federal Register CITATION] ..

Clark and Floyd Counties 2015 8-hour Ozone Maintenance Plan.2/21/2022 7/5/2022, [INSERT Federal Register CITATION] ..

* * * * * * * 

* * * * * 

PART 81—DESIGNATION OF AREAS 

FOR AIR QUALITY PLANNING 

PURPOSES 

■ 3. The authority citation for part 81 

continues to read as follows: 

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

■ 4. Section 81.315 is amended by 

revising the entry ‘‘Louisville, KY-IN’’ 

in the table entitled ‘‘Indiana—2015 8- 

Hour Ozone NAAQS [Primary and 

Secondary]’’ to read as follows: 

§ 81.315 Indiana 

* * * * * 

INDIANA—2015 8-HOUR OZONE NAAQS 

[Primary and Secondary] 

Designated area 1

Designation Classification 

Date 2 Type Date 2 Type 

*******

Louisville, KY-IN ................................................... July 5, 2022 ................. Attainment .................... ...................................... Marginal. 

Clark County.

Floyd County.

* * * * * * * 

1 Includes any Indian country in each county or area, unless otherwise specified. EPA is not determining the boundaries of any area of Indian 

country in this table, including any area of Indian country located in the larger designation area. The inclusion of any Indian country in the designation area is not a determination that the state has regulatory authority under the Clean Air Act for such Indian country. 2This date is August 3, 2018, unless otherwise noted. 

* * * * * 

[FR Doc. 2022–14202 Filed 7–1–22; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2021–0386; FRL–9819–01– 

OCSPP] 

Pyriofenone; Pesticide Tolerances 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes 

tolerances for residues of pyriofenone in 

or on the tomato subgroup 8–10A and 

the pepper/eggplant subgroup 8–10B 

and removes the established tolerance 

for the vegetable, fruiting, group 8–10 

and the expired tolerance for the fruit, 

small vine climbing subgroup 13–07D. 

Interregional Research Project Number 4 


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