Petitions for Reconsideration of Action in Rulemaking Proceeding

• Citation: 86 FR 8748
• Record Number: 2021-01366
• Published date: 09 February 2021
• Court: Federal Communications Commission

8748

Federal Register / Vol. 86, No. 25 / Tuesday, February 9, 2021 / Proposed Rules

Pennsylvania’s presumptive RACT

regulation.

EPA also finds that all the proposed

revisions to previously SIP approved

RACT requirements, under the 1997

8-hour ozone standard, as discussed in

AMS’ SIP revisions, will result in

equivalent or additional reductions of

NO

X

and/or VOC emissions and should

not interfere with any applicable

requirement concerning attainment or

reasonable further progress with the

NAAQS or interfere with other

applicable CAA requirement in section

110(l) of the CAA.

EPA’s complete analysis of AMS’

case-by-case RACT SIP revisions is

included in the TSD available in the

docket for this rulemaking action and

available online at https://

www.regulations.gov, Docket number

EPA–R03–OAR–2020–0598.

IV. Proposed Action

Based on EPA’s review, EPA is

proposing to approve the Pennsylvania

SIP revisions for the nine case-by-case

RACT facilities listed in Table 2 of this

document and incorporate by reference

in the Pennsylvania SIP, via the RACT

II permits, source specific RACT

determinations under the 2008 8-hour

ozone NAAQS for certain major sources

of NO

X

and VOC emissions. EPA is

soliciting public comments on the

issues discussed in this document.

These comments will be considered

before taking final action. As EPA views

each facility as a separable SIP revision,

should EPA receive comment on one

facility but not others, EPA may take

separate, final action on the remaining

facilities.

V. Incorporation by Reference

In this document, EPA is proposing to

include in a final EPA rule regulatory

text that includes incorporation by

reference. In accordance with

requirements of 1 CFR 51.5, EPA is

proposing to incorporate by reference

source specific RACT determinations

via the RACT II permits as described in

Sections II and III of this document—

Summary of SIP Revisions and EPA’s

Evaluation of SIP Revisions. EPA has

made, and will continue to make, these

materials generally available through

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

EPA Region III Office (please contact the

person identified in the

FOR FURTHER

INFORMATION CONTACT

section of this

preamble for more information).

VI. 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 proposed 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);

•Is not an Executive Order 13771 (82

FR 9339, February 2, 2017) regulatory

action because it is not a significant

regulatory action under Executive Order

12866.

•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, this proposed

rulemaking, addressing the NO

X

and

VOC RACT requirements for nine case-

by-case facilities for the 1997 and 2008

8-hour ozone NAAQS, does not have

tribal implications as specified by

Executive Order 13175 (65 FR 67249,

November 9, 2000), because the SIP is

not approved to apply in Indian country

located in the state, and EPA notes that

it will not impose substantial direct

costs on tribal governments or preempt

tribal law.

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: February 3, 2021.

Diana Esher,

Acting Regional Administrator, Region III.

[FR Doc. 2021–02586 Filed 2–8–21; 8:45 am]

BILLING CODE 6560–50–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Parts 1 and 90

[WP Docket No. 07–100; Report No. 3167;

FRS 17394]

Petitions for Reconsideration of Action

in Rulemaking Proceeding

AGENCY

: Federal Communications

Commission.

ACTION

: Petitions for reconsideration.

SUMMARY

: Petitions for Reconsideration

(Petitions) have been filed in the

Commission’s rulemaking proceeding

by Jeffrey S. Cohen, on behalf of APCO

International, Ralph A. Haller, on behalf

of National Public Safety

Telecommunications Council and Chief

Jeffrey D. Johnson, on behalf of The

Public Safety Spectrum Alliance.

DATES

: Oppositions to the Petitions

must be filed on or before February 24,

2021. Replies to an opposition must be

filed on or before March 8, 2021.

ADDRESSES

: Federal Communications

Commission, 45 L Street NE,

Washington, DC 20554.

FOR FURTHER INFORMATION CONTACT

:

Nellie A. Foosaner, Mobility Division,

Wireless Telecommunications Bureau,

(202) 418–2925 or Nellie.Foosaner@

fcc.gov.

SUPPLEMENTARY INFORMATION

: This is a

summary of the Commission’s

document, Report No. 3167, released

January 12, 2021. The full text of the

Petitions can be accessed online via the

Commission’s Electronic Comment

Filing System at: http://apps.fcc.gov/

ecfs/. The Commission will not send a

Congressional Review Act (CRA)

submission to Congress or the

Government Accountability Office

pursuant to the CRA, 5 U.S.C.

801(a)(1)(A), because no rules are being

adopted by the Commission.

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8749

Federal Register / Vol. 86, No. 25 / Tuesday, February 9, 2021 / Proposed Rules

Subject: 4.9 GHz Band, FCC 20–137,

published at 85 FR 76469, November 30,

2020, in WP Docket No. 07–100. This

document is being published pursuant

to 47 CFR 1.429(e). See also 47 CFR

1.4(b)(1) and 1.429(f), (g).

Number of Petitions Filed: 3.

Federal Communications Commission.

Marlene Dortch,

Secretary, Office of the Secretary.

[FR Doc. 2021–01366 Filed 2–8–21; 8:45 am]

BILLING CODE 6712–01–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Parts 223 and 226

[Docket No: 200918–0249]

RIN 0648–BJ52

Endangered and Threatened Species;

Critical Habitat for the Threatened

Indo-Pacific Corals, Extension of

Public Comment Period

AGENCY

: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION

: Proposed rule; second extension

of comment period.

SUMMARY

: We, NMFS, are extending the

public comment period by 30 days for

our proposed rule, published in the

Federal Register on November 27, 2020,

to designate critical habitat for seven

threatened corals in U.S. waters in the

Indo-Pacific (Acropora globiceps,

Acropora jacquelineae, Acropora retusa,

Acropora speciosa, Euphyllia

paradivisa, Isopora crateriformis, and

Seriatopora aculeata) under the

Endangered Species Act. On December

23, 2020 the comment period was

extended 30 days. The end of the public

comment period is extended again from

February 25, 2021, to March 27, 2021.

DATES

: The comment period for the

notice of proposed rulemaking

published at 85 FR 76262, and first

extended at 85 FR 83899, is extended.

The public comment period is extended

by 30 days to March 27, 2021.

Comments must be received by March

27, 2021, as specified under

ADDRESSES

.

Comments received after this date may

not be accepted.

ADDRESSES

: You may submit public

comments in writing by any of the

following methods. Comments must be

received by March 27, 2021:

•Electronic Submissions: Submit all

electronic public comments via the

Federal eRulemaking Portal. Go to

www.regulations.gov/

#!docketDetail;D=NOAA-NMFS-2016-

0131 click the ‘‘Comment Now’’ icon,

complete the required fields, and enter

or attach your comments.

•Mail: Lance Smith, Protected

Resources Division, NMFS, Pacific

Islands Regional Office, NOAA Inouye

Regional Center, 1845 Wasp Blvd., Bldg.

176, Honolulu, HI 96818.

Instructions: You must submit

comments by one of the previously

described methods to ensure that we

receive, document, and consider them.

Comments sent by any other method, to

any other address or individual, or

received after the end of the comment

period, may not be considered. All

comments received are a part of the

public record and will generally be

posted to http://www.regulations.gov

without change. All Personal Identifying

Information (for example, name,

address, etc.) voluntarily submitted by

the commenter may be publicly

accessible. Do not submit confidential

business information or otherwise

sensitive or protected information.

NMFS will accept anonymous

comments (enter ‘‘N/A’’ in the required

fields if you wish to remain

anonymous).

FOR FURTHER INFORMATION CONTACT

:

Lance Smith, NMFS Pacific Islands

Region, lance.smith@noaa.gov or 808–

725–5131.

SUPPLEMENTARY INFORMATION

: On

November 27, 2020, NMFS proposed to

designate critical habitat for seven Indo-

Pacific corals listed as threatened under

the Endangered Species Act (ESA)

within U.S. waters in Guam, the

Commonwealth of the Northern Mariana

Islands (CNMI), American Samoa, and

the Pacific Remote Island Area (PRIA).

The seven species are Acropora

globiceps, A. jacquelineae, A. retusa, A.

speciosa, Euphyllia paradivisa, Isopora

crateriformis, and Seriatopora aculeata.

Proposed coral critical habitat consists

of substrate and water column habitat

characteristics essential for the

reproduction, recruitment, growth, and

maturation of the listed corals.

Proposed critical habitat consists of

17 separate units, each of which

contains all ESA-listed corals that occur

there. There are four units in American

Samoa (Tutuila, Ofu-Olosega, Ta‘u, Rose

Atoll); seven in CNMI (Rota, Aguijan,

Tinian, Saipan, Anatahan, Pagan, and

Maug Islands); five in the PRIA

(Howland, Palmyra, Kingman, Johnston,

and Jarvis Islands); and one unit

encompassing all proposed designations

in Guam. Between one and six listed

corals occur in each unit. The following

areas are either ineligible for proposed

critical habitat, or excluded because of

national security impacts: A complex of

overlapping Navy Surface Danger Zones

off of Ritidian Point in Guam; other

parts of Guam; parts of Tinian; a group

of six Navy anchorage berths on

Garapan Bank in Saipan; all of Farallon

de Medinilla; and all of Wake Atoll.

Critical habitat protections apply only

to Federal actions under section 7 of the

ESA. Activities that are not funded,

authorized, or carried out by a Federal

agency are not subject to these

protections. The proposed rule and

other materials prepared in support of

this action, including maps showing the

proposed critical habitat, are available

at: https://www.fisheries.noaa.gov/

action/proposed-rule-designate-critical-

habitat-threatened-indo-pacific-corals.

The original public comment period

for this proposed rule was scheduled to

close on January 26, 2021. In response

to public input, we extended the public

comment period by 30 days to February

25, 2021, and held two online public

hearings on January 19 and January 21,

2021. At the public hearings, we

received several requests to again

extend the public comment period, to

allow the public to adequately review

the extensive supporting materials for

the proposed rule in order to formulate

public comments. Similarly, on January

26, 2021, we received a letter from the

Governors of CNMI, Guam, and

American Samoa requesting extension

of the public comment period for the

same reason. In response, we are

extending the public comment period

by another 30 days. We are accepting

public comments for the proposed rule

through March 27, 2021. Public

comments can be submitted as

described under

ADDRESSES

.

Authority: 16 U.S.C. 1531 et seq.

Dated: February 3, 2021.

Samuel D. Rauch III,

Deputy Assistant Administrator for

Regulatory Programs, National Marine

Fisheries Service.

[FR Doc. 2021–02540 Filed 2–8–21; 8:45 am]

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