This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents.

Rules and Regulations Federal Register

10011 

Vol. 86, No. 31 

Thursday, February 18, 2021 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

15 CFR Parts 740 and 742 

[Docket No. 210212–0010] 

RIN 0694–XC072 

Burma: Implementation of Sanctions 

AGENCY: Bureau of Industry and 

Security, Commerce. 

ACTION: Notification. 

SUMMARY: In response to the coup 

perpetrated by the Burmese military 

wresting control of the democraticallyelected government of Burma, the 

United States Government is reviewing 

all available actions to hold the 

perpetrators of the coup responsible. 

The Department of Commerce’s Bureau 

of Industry and Security (BIS) is taking 

immediate action to limit exports and 

reexports of sensitive goods to Burma’s 

military and security services. Effective 

immediately, BIS is adopting a more 

restrictive license application review 

policy of presumption of denial of items 

requiring a license for export and 

reexport to Burma’s Ministry of Defense, 

Ministry of Home Affairs, armed forces, 

and security services. BIS is also 

suspending the use of certain license 

exceptions that would otherwise 

generally be available to Burma as a 

result of its current Country Group 

placement in the Export Administration 

Regulations (EAR). 

DATES: Effective February 17, 2021. 

FOR FURTHER INFORMATION CONTACT: 

Tracy Patts, Foreign Policy Division, 

Office of Nonproliferation and Treaty 

Compliance, Bureau of Industry and 

Security, Department of Commerce. 

Phone: (202) 482–4252; Email: 

Foreign.Policy@bis.doc.gov. 

SUPPLEMENTARY INFORMATION: On 

February 1, 2021, the Burmese military 

perpetrated a coup wresting control of 

the democratically-elected government 

of Burma, including by detaining State 

Counselor Aung San Suu Kyi, President 

Win Myint, and other leaders of the 

ruling party. The United States 

Government strongly condemns any 

efforts to alter the outcome of Burma’s 

recent elections and is committed to 

supporting the people in Burma who 

have worked tirelessly in their quest for 

democracy and peace. These actions are 

in direct opposition to the will of the 

Burmese people who have made their 

voices heard through internationallysanctioned elections. 

The United States Government is 

reviewing all available actions to hold 

perpetrators of the coup responsible, 

and the Department of Commerce’s 

Bureau of Industry and Security (BIS) is 

hereby taking immediate action to limit 

exports and reexports of sensitive items 

to Burma’s military and security 

services under the Export 

Administration Regulations, 15 CFR 

parts 730 through 774 (EAR). Currently, 

transactions requiring a license for 

export or reexport to Burma are 

generally subject to case-by-case 

licensing review consistent with the 

licensing policies set forth in part 742 

and other applicable parts of the EAR. 

Effective immediately, BIS will apply a 

presumption of denial for items subject 

to the EAR requiring a license for export 

or reexport when destined to Burma’s 

Ministry of Defense, Ministry of Home 

Affairs, armed forces, and security 

services. BIS is also suspending the use 

of certain license exceptions that would 

otherwise be available to Burma as a 

result of its current Country Group 

placement in the EAR. 

A license exception is an 

authorization contained in part 740 of 

the EAR that allows exports, reexports, 

or transfers (in-country) under stated 

conditions of items subject to the EAR 

that would otherwise require a license. 

Availability of license exceptions is 

largely based on Country Group 

placement (see Supplement No. 1 to 

part 740). Section 740.2 (Restrictions on 

all License Exceptions) provides general 

information on restrictions on all 

license exceptions. 

Burma is currently in Country Group 

B, which allows certain license 

exceptions not available for exports and 

reexports to destinations in more 

restrictive EAR Country Groups. In this 

notice, as described in more detail 

below, BIS suspends the availability of 

certain license exceptions that would 

otherwise generally be available as a 

consequence of Burma’s Country Group 

B placement for exports and reexports to 

Burma, and transfers (in-country) within 

Burma, of items subject to the EAR. 

BIS is taking this action pursuant to 

§ 740.2(b) of the EAR (15 CFR 740.2(b)), 

which provides that all license 

exceptions are subject to revision, 

suspension, or revocation, in whole or 

in part, without notice. The following 

license exceptions are suspended for 

exports or reexports to Burma, or 

transfers (in-country) within Burma, 

either in whole or in part, as specified 

below: 

• Shipments of Limited Value (LVS) 

(§ 740.3). 

• Shipments to Group B Countries 

(GBS) (§ 740.4). 

• Technology and Software under 

Restriction (TSR) (§ 740.6). 

• Computers (APP) (§ 740.7). 

Matthew S. Borman, 

Deputy Assistant Secretary for Export 

Administration. 

[FR Doc. 2021–03350 Filed 2–17–21; 8:45 am] 

BILLING CODE 3510–33–P 

POSTAL SERVICE 

39 CFR Parts 2, 3, 4, 6, 7, and 10 

Bylaws of the Board of Governors of 

the United States Postal Service 

AGENCY: Postal ServiceTM. 

ACTION: Final rule. 

SUMMARY: The Bylaws of the Board of 

Governors are being amended to address 

a variety of issues. Many of the 

amendments are designed to clarify, in 

both form and substance, existing 

provisions, and also to increase their 

accuracy and align them to current 

practice. Additions and deletions have 

also been made to better conform the 

Bylaws to existing law. 

DATES: This rule is effective as of 

February 18, 2021. 

FOR FURTHER INFORMATION CONTACT: 

Michael J. Elston, Secretary of the Board 

of Governors, michael.j.elston@

usps.gov, 202–268–4800. 

SUPPLEMENTARY INFORMATION: 

Background 

On November 13, 2020, the Board of 

Governors approved the following 

amendments to its Bylaws to address a 


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10012 Federal Register / Vol. 86, No. 31 / Thursday, February 18, 2021 / Rules and Regulations 

variety of issues. Many of the 

amendments are designed to clarify, in 

both form and substance, existing 

provisions, and also to increase their 

accuracy and align them to current 

practice. Additions and deletions have 

also been made to better conform the 

Bylaws to existing law. Among other 

things, the amendments also clarify that 

the Governors are ultimately responsible 

for adjusting rates, and that the Postal 

Regulatory Commission’s role is to 

review those rate adjustments. 

Additions have been made to expand 

the information to which the Governors 

have regular access and to clarify that 

any additional information can be 

requested as needed. A new section has 

been added to govern situations in 

which there are an insufficient number 

of Governors to constitute a quorum. 

List of Subjects 

39 CFR Part 2 

General and Technical Provisions. 

39 CFR Part 3 

Board of Governors. 

39 CFR Part 4 

Officials. 

39 CFR Part 6 

Meetings. 

39 CFR Part 7 

Public Observation. 

39 CFR Part 10 

Rules of Conduct for Postal Service 

Governors. 

For the reasons stated in the 

preamble, the Postal Service amends 39 

CFR chapter I as follows: 

PART 2—GENERAL AND TECHNICAL 

PROVISIONS 

■ 1. The authority citation for part 2 

continues to read as follows: 

Authority: 39 U.S.C. 202, 203, 205(c), 207, 

401(2); 5 U.S.C. 552b(f), (g). 

■ 2. Revise § 2.1 to read as follows: 

§ 2.1 Office of the Board of Governors. 

There shall be located in Washington, 

DC, an Office of the Board of Governors 

of the United States Postal Service. It 

shall be the function of this Office, led 

by the Secretary of the Board, to provide 

staff support for the Board, as directed 

by the Chairman of the Board, to enable 

the Board to carry out effectively its 

duties and responsibilities. 

■ 3. Revise § 2.6 to read as follows: 

§ 2.6 Severability, amendment, repeal, and 

waiver of bylaws. 

The invalidity of any provision of 

these bylaws does not affect the validity 

of the remaining provisions, and for this 

purpose these bylaws are severable. The 

Board may amend or repeal these 

bylaws at any special or regular 

meeting, provided that each member of 

the Board has received a written notice 

containing a statement of the proposed 

amendment or repeal at least five (5) 

business days before the meeting. The 

members of the Board may waive the 

five (5) business days’ notice or the 

operation of any other provision of these 

bylaws by unanimous consent, if that 

action is not prohibited by law. The 

Secretary shall submit the text of any 

amendment to these bylaws for 

publication in the Federal Register as 

soon as practicable after the amendment 

is adopted by the Board. 

PART 3—BOARD OF GOVERNORS 

■ 4. The authority citation for part 3 

continues to read as follows: 

Authority: 39 U.S.C. 202, 203, 205, 401(2), 

(10), 402, 404(b), 414, 416, 1003, 2005, 2011, 

2802–2804, 3013, 3622, 3632, 3642, 3652, 

3654, 3691; 5 U.S.C. 552b(g), (j); 5 U.S.C. 

App.; Pub. L. 107–67, 115 Stat. 514 (2001). 

■ 5. Revise § 3.2 to read as follows: 

§ 3.2 Compensation of Board. 

Section 202(a)(1) of title 39 provides 

for the compensation of the Governors 

and for reimbursement for travel and 

reasonable expenses incurred in 

attending meetings of the Board and its 

Committees. Compensation is provided 

for not more than 42 days of meetings 

per year. 

■ 6. Amend § 3.3 by revising paragraphs 

(b), and (d) through (n) to read as 

follows: 

§ 3.3 Matters reserved for decision by the 

Board. 

* * * * * 

(b) Approval of the annual Postal 

Service Integrated Financial Plan, which 

shall include the Financing Plan, the 

Operating Plan, and the Capital Plan. 

* * * * * 

(d) Approval of any use of the 

authority of the Postal Service to borrow 

money under 39 U.S.C. 2005 and 39 

U.S.C. 2011, except for short-term 

borrowings, having maturities of one 

year or less, assumed in the normal 

course of business. 

(e) Approval of the terms and 

conditions of each series of obligations 

issued by the Postal Service under 39 

U.S.C. 2005 and 39 U.S.C. 2011, 

including the time and manner of sale 

and the underwriting arrangements, 

except for short-term borrowings, 

having maturities of one year or less, 

assumed in the normal course of 

business. 

(f) Approval of any use of the 

authority of the Postal Service to require 

the Secretary of the Treasury to 

purchase Postal Service obligations 

under 39 U.S.C. 2006(b), or to request 

the Secretary of the Treasury to pledge 

the full faith and credit of the 

Government of the United States for the 

payment of principal and interest on 

Postal Service obligations under 39 

U.S.C. 2006(c). 

(g) Authorization of the Postal Service 

to request that the Postal Regulatory 

Commission submit an advisory opinion 

on a proposed change in the nature of 

postal services which will generally 

affect service on a nationwide or 

substantially nationwide basis, pursuant 

to 39 U.S.C. 3661. 

(h) Determination of the number of 

officers, described in 39 U.S.C. 204 as 

Assistant Postmasters General, whether 

so denominated or not, as the Board 

authorizes by resolution. 

(i) Compensation and benefits of 

officers the Postal Service whose 

positions are included in Level II of the 

Postal Career Executive Service. 

(j) Approval of official statements 

adopting major policy positions or 

departing from established major policy 

positions, and of official positions on 

legislative proposals having a major 

impact on the Postal Service. 

(k) Approval of all major policy 

positions taken with the Department of 

Justice on petitioning the Supreme 

Court of the United States for writs of 

certiorari. 

(l) Approval and transmittal to the 

President and the Congress of the 

Annual Report to Congress, which shall 

include the annual report of the 

Postmaster General under 39 U.S.C. 

2402, the comprehensive statement of 

the Postal Service under 39 U.S.C. 

2401(e), the Postal Service’s annual 

performance plan under 39 U.S.C. 2803, 

and the Postal Service’s report on 

program performance under 39 U.S.C. 

2804. 

(m) Approval and transmittal to the 

President and the Congress of the Postal 

Service’s strategic plan, pursuant to 39 

U.S.C. 2802. 

(n) All other matters that the Board 

may consider appropriate to reserve for 

its decision by resolution adopted by 

the Board, pursuant to § 3.5. 

* * * * * 

■ 7. Amend § 3.4 by revising paragraphs 

(e), (k), and (m) to read as follows: 


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§ 3.4 Matters reserved for decision by the 

Governors. 

* * * * * 

(e) Authorization of the Postal Service 

to adjust the rates and fees for market 

dominant products and to seek the 

Postal Regulatory Commission’s review 

of the adjusted rates or fees for such 

products under 39 U.S.C. 3622. 

* * * * * 

(k) Compensation and benefits, term 

of service, and appointment/removal of 

the Secretary of the Board and other 

necessary staff, which shall be 

considered annually in closed session. 

* * * * * 

(m) Establishment of the price of any 

special postage stamp under 39 U.S.C. 

414 and any semi-postal stamp under 39 

U.S.C. 416 or any act of Congress. 

* * * * * 

■ 8. Amend § 3.6 by revising paragraphs 

(a) introductory text, (a)(4) and (5) and 

adding paragraph (c) to read as follows: 

§ 3.6 Information furnished to Board— 

financial and operating reports. 

(a) To enable the Board to monitor the 

performance of the Postal Service 

during the most recent accounting 

periods for which data are available, 

postal management shall furnish the 

Board (on a quarterly basis) financial 

and operating statements for the fiscal 

year to date, addressing the following 

categories: 

* * * * * 

(4) Statement of cash flow; and 

(5) Service quality measurements; 

* * * * * 

(c) At the reasonable request of the 

Board, Postal management shall furnish 

to the Board such other information as 

the Board deems necessary. 

■ 9. Amend § 3.7 by revising paragraphs 

(a)(1), (2), (3), (b), and (d) and adding 

paragraphs (e) and (f) to read as follows: 

§ 3.7 Information furnished to Board— 

program review. 

(a) * * * 

(1) Five-year and ten-year plans, 

annual operating and investment plans, 

and significant departures from 

estimates upon which the plans were 

based; 

(2) Productivity measurements 

(reflecting workload and resource 

utilization); 

(3) The need for rate adjustments and 

the outcome of significant matters 

before the Postal Regulatory 

Commission and related litigation; and 

* * * * * 

(b) To enable the Board to review the 

effectiveness of the Postal Service’s 

equal employment opportunity 

program, performance data relating to 

this program shall be furnished to the 

Board at least quarterly. These data shall 

be categorized in such manner as the 

Board, from time to time, specifies. 

* * * * * 

(d) Postal management shall annually 

provide the Board with a summary of 

the Annual Compliance Report filed 

with the Postal Regulatory Commission, 

which includes data on product costs. 

(e) Management shall furnish to the 

Board: Information regarding any 

significant, new program, policy, major 

modification or initiative; any plan to 

offer a significant, new or unique 

product or system implementation; or 

any significant, new project not related 

directly to the core business function of 

the Postal Service. This information 

shall be provided to the Board in 

advance of entering into any agreement 

in furtherance of such project. For the 

purposes of this paragraph (e), 

‘‘significant’’ means a project 

anticipated to have a notable or 

conspicuous impact on corporate 

visibility or the operating budget 

(including increases in expense 

amounts) or the capital investment 

budget. The notification requirement of 

this paragraph governs applicable 

projects regardless of the level of 

expenditure or potential liability 

involved. 

(f) At the reasonable request of the 

Board, Postal management shall furnish 

to the Board such other information as 

the Board deems necessary. 

■ 10. Amend § 3.8 by adding paragraph 

(h) to read as follows: 

§ 3.8 Information furnished to Board— 

special reports 

* * * * * 

(h) At the reasonable request of the 

Board, Postal management shall furnish 

to the Board such other information as 

the Board deems necessary. 

PART 4—OFFICIALS 

■ 11. The authority citation for part 4 

continues to read as follows: 

Authority: 39 U.S.C. 202–205, 401(2), (10), 

402, 1003, 3013, 3686. 

■ 12. Amend § 4.1 by revising paragraph 

(a)(1) and removing paragraph (d) to 

read as follows: 

§ 4.1 Chairman. 

(a) * * * 

(1) Shall be elected at the Board’s 

regularly scheduled annual meeting for 

a term that commences on December 1 

of the calendar year in which the 

election occurred, or upon the death, 

departure or resignation of the current 

Chairman, whichever occurs first, and 

expires upon the election and 

installation of a successor Chairman; 

* * * * * 

■ 13. Revise § 4.2 to read as follows: 

§ 4.2 Vice Chairman. 

The Vice Chairman is elected by the 

Governors from among the members of 

the Board and shall perform the duties 

and exercise the powers of the 

Chairman during the Chairman’s 

absence or disability. The Vice 

Chairman is elected at the Board’s 

regularly scheduled annual meeting for 

a term that commences on December 1 

of the calendar year in which the 

election occurred or upon the death, 

departure or resignation of the current 

Vice Chairman, whichever occurs first, 

and expires upon the election and 

installation of a successor Vice 

Chairman. In the event of the Vice 

Chairman’s death, departure or 

resignation prior to the election of a 

successor, the Board, as soon as 

practicable, shall elect a new Vice 

Chairman who shall serve a term that 

commences immediately upon election 

and expires upon the election and 

installation of a successor Vice 

Chairman. 

■ 14. Revise § 4.5 to read as follows: 

§ 4.5 Assistant Postmasters General, 

General Counsel, Judicial Officer, Chief 

Postal Inspector. 

There are within the Postal Service a 

General Counsel, a Judicial Officer, a 

Chief Postal Inspector, and such number 

of officers, described in 39 U.S.C. 204 as 

Assistant Postmasters General, whether 

so denominated or not, as the Board 

authorizes by resolution. These officers 

are appointed by, and serve at the 

pleasure of, the Postmaster General. The 

Chief Postal Inspector shall report to, 

and be under the general supervision of, 

the Postmaster General. The Postmaster 

General shall promptly notify the 

Governors and both Houses of Congress 

in writing if he or she removes the Chief 

Postal Inspector or transfers the Chief 

Postal Inspector to another position or 

location within the Postal Service, and 

shall include in any such notification 

the reasons for such removal or transfer. 

The Postmaster General’s appointment 

of the Judicial Officer and any other 

judges in the Judicial Officer 

Department must be ratified by 

resolution of the Governors. 

■ 15. Revise § 4.6 by revising it to read 

as follows: 

§ 4.6 Secretary of the Board. 

The Secretary of the Board of 

Governors is appointed by the 

Governors and serves at the pleasure of 

the Governors. The Secretary shall be 


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10014 Federal Register / Vol. 86, No. 31 / Thursday, February 18, 2021 / Rules and Regulations 

responsible for carrying out the 

functions of the Office of the Board of 

Governors, under the direction of the 

Chairman of the Board. The Secretary 

shall also issue notices of meetings of 

the Board and its committees, keep 

minutes of these meetings, and take 

steps necessary for compliance with all 

statutes and regulations dealing with 

public observation of meetings. The 

Secretary shall perform all those duties 

incident to this office, including those 

duties assigned by the Board or by the 

Chairman of the Board. With the 

concurrence of the Board, the Chairman 

may designate the number and general 

qualifications of such assistant 

secretaries or other staff as may be 

necessary to perform any of the duties 

of the Secretary. 

PART 6—MEETINGS 

■ 16. The authority citation for part 6 

continues to read as follows: 

Authority: 39 U.S.C. 202, 205, 401(2), (10), 

1003, 3622, 3632; 5 U.S.C. 552b(e), (g). 

■ 17. Revise § 6.1 to read as follows: 

§ 6.1 Regular meetings, annual meeting. 

The Board shall meet regularly on a 

schedule established by the Board. The 

first regular meeting in November of 

each calendar year is designated as the 

annual meeting. Consistent with the 

provisions §§ 6.6 and 7.5 of these 

bylaws, the time or place of a regular or 

annual meeting may be varied by 

recorded vote, with the earliest 

practicable notice to the Secretary. The 

Secretary shall distribute to the 

members an agenda setting forth the 

proposed subject matter for any regular 

or annual meeting in advance of the 

meeting. 

■ 18. Revise § 6.4 to read as follows: 

§ 6.4 Attendance. 

For regularly scheduled meetings of 

the Board, members are expected to 

attend in person. Unless prohibited by 

law or by these bylaws, however, a 

member of the Board, under exceptional 

circumstances, may participate in a 

meeting of the Board by conference 

telephone, video conference, or similar 

communications equipment which 

enables all persons participating in the 

meeting to hear each other and which 

permits full compliance with the 

provisions of these bylaws concerning 

public observation of meetings. 

Attendance at a meeting by this method 

constitutes presence at the meeting and 

a member of the Board may be paid for 

his or her participation provided such 

meeting addresses substantive, as 

opposed to procedural or 

administrative, matters on which the 

Board has decision making authority. 

■ 19. Amend § 6.6 by revising the 

introductory text to read as follows: 

§ 6.6 Quorum and voting. 

As provided by 39 U.S.C. 205(c), and 

except for matters considered through 

the notation voting process described in 

§ 6.7, the Board acts by resolution upon 

a majority vote of those members who 

attend a meeting in accordance with 

§ 6.4. No proxies are allowed in any vote 

of the members of the Board. Any six (6) 

members constitute a quorum for the 

transaction of business by the Board, 

except: 

* * * * * 

■ 20. Amend § 6.7 by revising paragraph 

(a) to read as follows: 

§ 6.7 Notation voting. 

(a) General. Notation voting consists 

of the circulation of physical or 

electronic written memoranda and 

voting sheets to each member of the 

Board simultaneously and the 

tabulation of submitted responses. 

Notation voting may be used only for 

routine, non-controversial, or 

administrative matters. 

* * * * * 

■ 21. Add § 6.8 to read as follows: 

§ 6.8 Delegation of Authority for Continuity 

of Operations. 

When, by reason of death, incapacity, 

or disruption of transportation and 

communications, a quorum of the Board 

of Governors cannot reasonably be 

assembled, or when vacancies on the 

Board make it impossible for a quorum 

to assemble, the remaining members of 

the Board who are able to assemble are 

constituted a Temporary Emergency 

Committee of the Board of Governors. 

The Chairman or Vice Chairman of the 

Board, or in their absence any available 

member of the Board, may convene a 

meeting of such Temporary Emergency 

Committee for the consideration of such 

business as may be needed to provide 

for continuity of operations for the 

duration of the emergency, or for the 

duration of the period of time in which 

vacancies on the Board prevent a 

quorum from being assembled. The 

powers reserved to the Board under 

§ 3.3 of these bylaws necessary to 

provide for continuity of operations are 

delegated to the Committee, which may 

exercise such powers until such time as 

sufficient members of the Board are 

again available to enable the Board to 

convene. 

PART 7—PUBLIC OBSERVATION 

■ 22. The authority citation for part 7 

continues to read as follows: 

Authority: 39 U.S.C. 410; 5 U.S.C. 

552b(a)–(m). 

■ 23. Amend § 7.6 by revising paragraph 

(a) to read as follows: 

§ 7.6 Certification and transcripts of 

closed meetings. 

(a) No later than the beginning of 

every meeting or portion of a meeting 

closed under §§ 7.3(a) through (j) of 

these bylaws, the General Counsel shall 

publicly certify that, in his or her 

opinion, the meeting or portion of the 

meeting may be closed to the public, 

stating each relevant exemptive 

provision. The Secretary shall retain 

this certification, together with a 

statement from the officer presiding at 

the meeting which sets forth the time 

and place of the meeting, and the 

persons present. 

* * * * * 

PART 10—RULES OF CONDUCT FOR 

POSTAL SERVICE GOVERNORS 

■ 24. The authority citation for part 10 

continues to read as follows: 

Authority: 39 U.S.C. 401(2), (10). 

■ 25. Revise § 10.1 to read as follows: 

§ 10.1 Applicability. 

This part contains rules of conduct for 

the members of the Board of Governors 

of the United States Postal Service. As 

special Government employees within 

the meaning of 18 U.S.C. 202(a), the 

members of the Board are also subject to 

the Standards of Ethical Conduct for 

Employees of the Executive Branch, 5 

CFR part 2635, and Postal Service 

regulations supplemental thereto, 5 CFR 

part 7001. 

■ 26. Revise § 10.2 to read as follows: 

§ 10.2 Advisory service. 

(a) The Associate General Counsel 

and Chief Ethics and Compliance 

Officer is the Ethical Conduct Officer of 

the Postal Service and the Designated 

Agency Ethics Official for purposes of 

the Ethics in Government Act, as 

amended, and the implementing 

regulations of the Office of Government 

Ethics, including 5 CFR part 2638. 

(b) A Governor may obtain advice and 

guidance on questions of conflicts of 

interest, and may request any ruling 

provided for by either the Standards of 

Ethical Conduct for Employees of the 

Executive Branch, or the Postal Service 

regulations supplemental thereto, from 

the Associate General Counsel or a 

designated assistant. 


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(c) If the Associate General Counsel 

determines that a Governor is engaged 

in activity which involves a violation of 

federal statute or regulation, including 

the ethical conduct regulations 

contained in 5 CFR parts 2635 and 7001, 

or conduct which creates the 

appearance of such a violation, he or 

she shall bring this to the attention of 

the Governor or shall notify the General 

Counsel, the Chairman of the Board of 

Governors, or the Vice Chairman, as 

appropriate. 

Michael J. Elston, 

Secretary of the Board of Governors. 

[FR Doc. 2021–00485 Filed 2–17–21; 8:45 am] 

BILLING CODE 7710–12–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R10–OAR–2018–0062; FRL–10018– 

22–Region 10] 

Air Plan Approval; Washington; 

Interstate Transport Requirements for 

the 2010 Sulfur Dioxide National 

Ambient Air Quality Standards 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving the State 

Implementation Plan (SIP) revisions 

submitted by Washington on February 

7, 2018 as meeting certain Clean Air Act 

(CAA) requirements for interstate 

transport of the 2010 1-hour Sulfur 

Dioxide (SO2) National Ambient Air 

Quality Standards (NAAQS). The EPA 

has determined that emissions from 

Washington sources will not contribute 

significantly to nonattainment or 

interfere with the maintenance of the 

2010 1-hour SO2 NAAQS in any other 

state. 

DATES: This final rule is effective March 

22, 2021. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–R10–OAR–2018–0062. 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, e.g., Confidential Business 

Information or other information the 

disclosure of which 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 please contact 

the person listed in the FOR FURTHER

INFORMATION CONTACT section for 

additional availability information. 

FOR FURTHER INFORMATION CONTACT: John 

Chi, EPA Region 10, Air and Radiation 

Division, 1200 Sixth Avenue—Suite 

155, Seattle, WA 98101, at 206–553– 

1185, or chi.john@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, wherever 

‘‘we’’, ‘‘us’’, or ‘‘our’’ is used, it means 

the EPA. 

I. Background 

On July 27, 2020, the EPA proposed 

to approve the February 7, 2018 SIP 

submission from Washington as meeting 

certain Clean Air Act (CAA) interstate 

transport requirements for the 2010 

1-hour SO2 NAAQS (85 FR 45146). The 

reasons for our proposed approval were 

stated in the proposed rulemaking and 

will not be re-stated here. The public 

comment period for the proposed 

rulemaking was reopened on September 

22, 2020 (85 FR 59486), due to an 

incorrect docket number, and closed on 

October 22, 2020. We received no 

comments. Therefore, we are finalizing 

our rulemaking as proposed. 

II. Final Action 

In this final action, the EPA is 

approving the February 7, 2018 SIP 

submission from Washington as meeting 

the interstate transport requirements of 

CAA section 110(a)(2)(D)(i)(I) for the 

2010 1-hour SO2 NAAQS. 

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, the 

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 the requirements would 

be inconsistent with the CAA; and 

• Does not provide the 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). 

• 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 final action does not 

apply on any Indian reservation land or 

in any other area where the 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 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. The 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). 


jbell on DSKJLSW7X2PROD with RULES