Petitions for Reconsideration of Action in Rulemaking Proceeding

Citation86 FR 8748
CourtFederal Communications Commission
Publication Date09 Feb 2021
Record Number2021-01366
Federal Register / Vol. 86, No. 25 / Tuesday, February 9, 2021 / Proposed Rules
Pennsylvania’s presumptive RACT
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
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://, Docket number
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
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
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 and at the
EPA Region III Office (please contact the
person identified in the
section of this
preamble for more information).
VI. Statutory and Executive Order
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
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,
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
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
Dated: February 3, 2021.
Diana Esher,
Acting Regional Administrator, Region III.
[FR Doc. 2021–02586 Filed 2–8–21; 8:45 am]
47 CFR Parts 1 and 90
[WP Docket No. 07–100; Report No. 3167;
FRS 17394]
Petitions for Reconsideration of Action
in Rulemaking Proceeding
: Federal Communications
: Petitions for reconsideration.
: 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.
: 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.
: Federal Communications
Commission, 45 L Street NE,
Washington, DC 20554.
Nellie A. Foosaner, Mobility Division,
Wireless Telecommunications Bureau,
(202) 418–2925 or Nellie.Foosaner@
: 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:
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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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]
National Oceanic and Atmospheric
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
: National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
: Proposed rule; second extension
of comment period.
: 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.
: 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
Comments received after this date may
not be accepted.
: 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
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
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
Lance Smith, NMFS Pacific Islands
Region, or 808–
: 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
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
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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