Federal Register / Vol. 86, No. 28 / Friday, February 12, 2021 / Rules and Regulations 9295 

accordance with requirements of 1 CFR 

51.5, EPA is finalizing the incorporation 

by reference of the Wisconsin 

Regulations described in the 

amendments to 40 CFR part 52 set forth 

below. EPA has made, and will continue 

to make, these documents generally 

available through www.regulations.gov, 

and at the EPA Region 5 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 Clean Air 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); 

• 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 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 April 13, 2021. 

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, Intergovernmental relations, 

Ozone, Volatile organic compounds. 

Dated: February 3, 2021. 

Cheryl Newton, 

Acting Regional Administrator, Region 5. 

For the reasons stated in the 

preamble, EPA amends 40 CFR part 52 

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. Section 52.2570 is amended by 

adding paragraph (c)(141) to read as 

follows: 

§ 52.2570 Identification of plan. 

* * * * * 

(c) * * * 

(141) On December 13, 2019, the 

Wisconsin Department of Natural 

Resources submitted a State 

Implementation Plan revision request 

regarding the state’s volatile organic 

compound (VOC) reasonably available 

control technology (RACT) rules for 

offset lithographic printing operations. 

These revisions include amendments to 

Wisconsin Administrative Code Chapter 

NR 422 that are consistent with the 

latest CTG issued by EPA in 2006 and 

clarify and streamline the VOC RACT 

requirements for lithographic printing 

facilities located in nine counties in 

Wisconsin (Kenosha, Kewaunee, 

Manitowoc, Milwaukee, Ozaukee, 

Racine, Sheboygan, Washington, and 

Waukesha). 

(i) Incorporation by reference. 

Wisconsin Administrative Code NR 

422.02 ‘‘Definitions.’’, NR 422.142 

‘‘Lithographic Printing—Part 1.’’, and 

NR 422.143 ‘‘Lithographic Printing— 

Part 2.’’, as published in the Wisconsin 

Administrative Register June 2019, No. 

762, effective July 1, 2019. 

(ii) [Reserved] 

[FR Doc. 2021–02745 Filed 2–11–21; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 54 

[WC Dkt. No. 17–310; DA 20–1420; FRS 

17373] 

Promoting Telehealth in Rural America 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule and order; 

notification of operational date. 

SUMMARY: In this document, the Federal 

Communications Commission 

9296 Federal Register / Vol. 86, No. 28 / Friday, February 12, 2021 / Rules and Regulations 

(Commission) announces the 

operational date of certain rules for 

funding year 2020. 

DATES: This Order is effective March 15, 

2021. 

FOR FURTHER INFORMATION CONTACT: 

Bryan Boyle, Telecommunications 

Access Policy Division, Wireline 

Competition Bureau at (202) 418–7400 

or TTY: (202) 418–0484 or via email: 

Bryan.Boyle@fcc.gov. 

SUPPLEMENTARY INFORMATION: This is a 

synopsis of the Order in WC Docket No. 

17–310; DA 20–1420, adopted and 

released November 30, 2020. Due to the 

COVID–19 pandemic, the Commission’s 

headquarters will be closed to the 

general public until further notice. The 

full text of this document is available at 

the following internet address: https://

docs.fcc.gov/public/attachments/DA-20- 

1420A1.pdf. 

I. Introduction 

1. The Wireline Competition Bureau 

(Bureau) amends the prior decision, 

adopted in the December 2019 Public 

Notice (DA 19–1253), to delay the 

implementation date of certain rule 

changes introduced in the Promoting 

Telehealth Report and Order (FCC 19– 

78). Specifically, in light of changed 

circumstances, the Bureau finds that the 

rules should be implemented as soon as 

possible, and hence the Order 

accelerates the operational date of those 

rules, thereby ensuring that the updated 

site and service substitution rules, 

corrective and operational Service 

Provider Identification Number (SPIN) 

change rules, service delivery deadline 

extension rules, and invoicing deadline 

extension rules adopted in the 

Promoting Telehealth Report and Order 

will be fully effective for the remainder 

of funding year 2020. The Bureau 

anticipates that this action will help 

Rural Health Care (RHC) Program 

participants, now faced with the 

challenges of the COVID–19 pandemic, 

address changing circumstances in the 

current funding year and beyond. 

II. Discussion 

2. Through the Order the Bureau 

ensures that the rule changes in the 

Promoting Telehealth Report and Order 

adopting site and service substitutions 

for the Telecom Program, amending the 

SPIN change process to allow for 

corrective and operational changes 

across both the Healthcare Connect 

Fund and Telecom Programs, 

establishing a service delivery deadline 

of June 30 while permitting a one-year 

extension of the service delivery 

deadline, and permitting a one-time 

120-day invoice filing extension will be 

effective for the remainder of funding 

year 2020. The December 2019 Public 

Notice pushed back the operational 

dates to funding year 2021 for all rule 

changes requiring approval pursuant to 

the Paperwork Reduction Act (PRA). 

Now that such PRA approval (eff. June 

19, 2020 (85 FR 37022) has been 

obtained and in light of changed 

circumstances arising from the COVID– 

19 emergency, the Bureau recognizes 

that making these aforementioned rules 

operational for funding year 2020 could 

provide helpful flexibility to health care 

providers during the current funding 

year. Accordingly, the Bureau amends 

the earlier action in the December 2019 

Public Notice so that the updated site 

and service substitution rules, corrective 

and operational SPIN change rules, and 

service delivery deadline and invoicing 

deadline extension rules will become 

operational for the remainder of funding 

year 2020, on March 15, 2021. 

3. The COVID–19 pandemic has 

caused an unprecedented medical 

emergency, highlighting the need for 

remote telehealth options to treat and 

save the lives of Americans. The Bureau 

anticipates that the rule changes that are 

made operational for the remainder of 

funding year 2020 will help health care 

providers with changing circumstances 

as they serve patients in rural areas 

during this COVID–19 pandemic. The 

Bureau takes this action to amend the 

operational date of the rules to provide 

health care providers with increased 

flexibility to make changes to funding 

requests and seek extensions of RHC 

Program deadlines. The rules that are 

the subject of the Order were intended 

to harmonize requirements between the 

Telecom and Healthcare Connect Fund 

Programs and reduce administrative 

burdens on health care providers. 

Amending the operational date of the 

rules will, among other things, allow 

health care providers to seek extensions 

of the service delivery deadlines and 

invoice deadlines, make site and service 

substitution requests, and make SPIN 

changes. The COVID–19 pandemic is a 

heavy burden on health care providers, 

and the amendment of the operational 

date of the rules will assist program 

participants as they work to treat 

patients during the health emergency. 

Accordingly, the Bureau finds good 

cause exists given the urgent health care 

crisis to dispense with additional notice 

and comment, to the extent such notice 

and comment would normally be 

appropriate, before taking this action. 

The Bureau notes that the Order is 

consistent with the its prior actions in 

response to the COVID–19 pandemic, 

waiving filing deadlines and other 

administrative requirements to increase 

broadband connectivity and 

administrative flexibility for health care 

providers. 

4. The Order will become effective 

March 15, 2021. Any program 

participants seeking site and service 

substitutions or SPIN changes for the 

portion of funding year 2020 prior to the 

effective date of the Order may seek a 

waiver of the Commission’s rules. 

Additionally, in the event that a 

program participant is negatively 

impacted by any of the actions taken in 

the Order, it may file a petition for 

waiver seeking relief from the updated 

effective date and request to use the 

rules predating the Promoting 

Telehealth Report and Order through 

funding year 2020. 

5. The Universal Service 

Administrative Company (USAC), the 

Universal Service Administrator, is 

currently working to implement 

technology changes that will allow 

program participants to make filings 

requesting changes consistent with the 

Promoting Telehealth Report and Order. 

In conjunction with the implementation 

of the new rules, USAC is updating its 

information technology systems to allow 

program participants to file the 

appropriate forms; however, those 

changes have not been implemented. 

Currently, USAC is working under a 

schedule stemming from the December 

2019 Public Notice, in which the 

changes were to be implemented prior 

to the start of funding year 2021. The 

Commission expects that USAC will 

have implemented all technology 

deployments related to these rule 

changes before the end of funding year 

2020. Because invoice extension 

requests and service delivery deadline 

requests occur at the end of the funding 

year, there should be no need for health 

care providers to make these requests 

before USAC is in position to accept 

such requests. Some health care 

providers, however, will likely wish to 

make SPIN change and site and service 

substitution requests mid-year. To 

ensure that the changes can be 

requested throughout the year, the 

Commission directs USAC to develop 

and publicize within 30 days of the 

Federal Register publication, an interim 

system for processing site and service 

substitutions and SPIN changes that will 

be available until USAC launches its 

permanent technological solution. 

III. Ordering Clauses 

6. Accordingly, it is ordered that 

pursuant to the authority in sections 1– 

4 and 254 of the Communications Act 

of 1934, as amended, 47 U.S.C. 151–154 

and 254, and pursuant to §§ 0.91 and 

Federal Register / Vol. 86, No. 28 / Friday, February 12, 2021 / Rules and Regulations 9297 

0.291 of the Commission’s rules, 47 CFR 

0.91 and 0.291, amending the 

operational date of §§ 54.624, 54.625, 

54.626, and 54.627 of the Commission’s 

rules, 47 CFR 54.624, 54.625, 54.626, 

and 54.627, as indicated herein. 

7. It is further ordered that, pursuant 

to § 1.102(b)(1) of the Commission’s 

rules, 47 CFR 1.102(b)(1), the order shall 

be effective March 15, 2021. 

Federal Communications Commission. 

Cheryl L. Callahan, 

Assistant Chief, Telecommunications Access 

Policy Division Wireline Competition Bureau. 

Editorial note: This document was 

received for publication at the Office of the 

Federal Register on January 8, 2021. 

[FR Doc. 2021–00588 Filed 2–11–21; 8:45 am] 

BILLING CODE 6712–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Parts 73 and 74 

[MB Docket Nos. 15–146; GN Docket No. 

12–268; FCC 20–175; FRS 17303] 

Amendment of the Commission’s 

Rules To Provide for the Preservation 

of One Vacant Channel in the UHF 

Television Band for Use by White 

Space Devices and Wireless 

Microphones 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule. 

SUMMARY: In this Report and Order 

(Order), the Federal Communications 

Commission declines to adopt rules 

proposed in the Commission’s 2015 

Notice of Proposed Rulemaking, 30 FCC 

Rcd 6711 (2015) (2015 NPRM) in this 

proceeding and, therefore, terminates 

the proceeding. While the Commission 

continues to support unlicensed white 

space devices and wireless microphone 

user operations and continues to believe 

they serve important interests, based on 

the record of this proceeding and in 

light of other actions it has taken during 

the years since the rules were proposed, 

coupled with the increased burden that 

its 2015 proposal would place on the 

use by broadcasters of spectrum in the 

more consolidated TV band that now 

exists following the Incentive Auction, 

the Commission finds that the rules 

proposed in the 2015 NPRM would not 

serve the public interest. In reaching 

this conclusion, the Commission finds 

other actions it has taken since the 2015 

NPRM to support white space devices 

and wireless microphones are the 

preferred avenues for the continued 

support of these services. Accordingly, 

the Commission terminates this docket. 

DATES: The decision is effective 

February 12, 2021. 

FOR FURTHER INFORMATION CONTACT: 

Shaun Maher, Shaun.Maher@fcc.gov of 

the Media Bureau, (202) 418–2324. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Commission’s Report 

and Order (R&O), MB Docket Nos. 15– 

146; GN Docket No. 12–268; FCC 20– 

175, adopted on December 8, 2020 and 

released December 9, 2020. The full text 

of this document is available for 

download at https://www.fcc.gov/edocs. 

To request materials in accessible 

formats for people with disabilities 

(braille, large print, electronic files, 

audio format), send an email to fcc504@

fcc.gov or call the Consumer & 

Governmental Affairs Bureau at 202– 

418–0530 (voice), 202–418–0432 (tty). 

Synopsis 

1. In this Order, the Commission 

declines to adopt the proposals in the 

2015 NPRM finding that support of 

white space device and wireless 

microphone users is now more 

effectively being achieved through other 

Commission proceedings, and, as a 

result, the proposals to preserve a 

vacant channel for shared use by white 

space devices and wireless microphone 

operations do not serve the public 

interest. 

2. The Commission finds that the 

spectrum landscape has changed 

significantly since 2015. Without 

question, today’s TV band is smaller 

and more densely packed than it was at 

the time the Commission adopted the 

2015 NPRM. To illustrate, at the time 

the 2015 NPRM was adopted, there were 

1,384 full power and Class A televisions 

stations operating on UHF channels 21 

through 51 for an average of 46 stations 

per channel. Today, there are 1,088 such 

stations operating on channels 21 

through 36, an average of 68 stations per 

channel, many with expanded facilities. 

In addition, the TV band is more 

densely packed as a result of changes 

made by stations after the Incentive 

Auction and because reverse auction 

winners continue to operate in the new 

TV band. Analyses using the 

Commission’s TVStudy software reveal 

that there are numerous major 

metropolitan areas in the United States 

that have no vacant, 6 MHz channels. 

This reality undermines the 

Commission’s goal of creating a 

nationwide solution as proponents of 

the 2015 NPRM proposal argued on 

behalf of the proposal on the grounds 

that such a nationwide vacant channel 

was essential. 

3. Subsequent to adoption of the 2015 

NPRM, the Commission took a number 

of significant steps to ensure that white 

space device and wireless microphone 

operations can flourish. In responding 

to the 2015 NPRM, white space device 

proponents cited the need to create 

certainty that vacant channels would be 

available for their use in order to 

promote greater innovation in new 

devices and services, including 

increased access to broadband services 

across the country. The Commission 

believes that its more recent actions in 

other proceedings have helped to create 

such certainty by allowing for more 

robust service and efficient spectral use 

in the post-Incentive Auction television 

band as well as in the 600 MHz guard 

bands and 600 MHz wireless services 

and by revising the rules to allow for 

enhanced fixed white space device 

operations in rural areas. The 

Commission finds that these actions 

have achieved the benefits sought by 

white space device proponents and 

obviate the need to impose the 

burdensome vacant channel 

preservation requirement on television 

broadcasters. Similarly, when 

responding to the 2015 NPRM, wireless 

microphone users expressed concerns 

about the reduced amount of spectrum 

that would be available for use by 

wireless microphones in the repacked 

TV bands, and they cited to such 

concerns to support their call to 

preserve a vacant channel for shared use 

with white space devices. Once again, 

the Commission believes that the steps 

it has taken in other proceedings since 

the 2015 NPRM will ensure that 

wireless microphone operators have 

access to sufficient spectrum, including 

spectrum outside of the broadcast 

television band, to meet their needs. 

These actions underscore the 

conclusion that the regulatory approach 

proposed in the 2015 NPRM is no longer 

needed and is outweighed by the 

burden that such an action would place 

on the broadcast users of the TV band. 

4. White Space Devices. In August 

2015, recognizing the significantly 

altered regulatory landscape for 

unlicensed white space devices in the 

broadcast television bands, the 

Commission adopted its White Spaces 

R&O, 30 FCC Rcd 9551. In that 

proceeding, the Commission modified 

several rules to allow for more robust 

service and efficient spectral use in the 

post-Incentive Auction television band 

as well as in the 600 MHz guard bands 

and 600 MHz wireless services band 

that would be created as a result of 

repurposing the television bands 

following the Incentive Auction.