This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

9028 

Vol. 86, No. 27 

Thursday, February 11, 2021 

1Section 311 of the Dodd-Frank Wall Street 

Reform and Consumer Protection Act, Public Law 

111–203, 124 Stat. 1376 (2010) (codified at 12 

U.S.C. 5411). The Act also amended section 3 of the 

Federal Deposit Insurance Act (FDI Act) to 

designate the FDIC as the ‘‘appropriate Federal 

banking agency’’ for State savings associations. 

2 76 FR 47652 (Aug. 5, 2011). 

3 76 FR at 47653. 

FEDERAL DEPOSIT INSURANCE 

CORPORATION 

12 CFR Part 390 

RIN 3064–AF30 

Removal of Transferred OTS 

Regulations Regarding Definitions of 

Terms 

AGENCY: Federal Deposit Insurance 

Corporation. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: In order to streamline FDIC 

regulations, the FDIC proposes to 

rescind and remove from the Code of 

Federal Regulations rules entitled 

Definitions for Regulations Affecting All 

State Savings Associations that were 

transferred to the FDIC from the Office 

of Thrift Supervision (OTS) on July 21, 

2011, in connection with the 

implementation of Title III of the DoddFrank Wall Street Reform and Consumer 

Protection Act (Dodd-Frank Act). The 

effective date of rescinding and 

removing these regulations would be 

coordinated with the rescission and 

removal of the other remaining subparts. 

DATES: Comments must be received on 

or before March 15, 2021. 

ADDRESSES: You may submit comments, 

identified by RIN 3064–AF30, by any of 

the following methods: 

• FDIC Website: https://

www.fdic.gov/regulations/laws/federal/. 

Follow instructions for submitting 

comments on the agency website. 

• Email: Comments@fdic.gov. Include 

RIN 3064–AF30 on the subject line of 

the message. 

• Mail: James P. Sheesley, Assistant 

Executive Secretary, Attention: 

Comments, Federal Deposit Insurance 

Corporation, 550 17th Street NW, 

Washington, DC 20429. 

• Hand Delivery to FDIC: Comments 

may be hand-delivered to the guard 

station at the rear of the 550 17th Street 

NW building (located on F Street) on 

business days between 7 a.m. and 5 p.m. 

Please include your name, affiliation, 

address, email address, and telephone 

number(s) in your comment. All 

statements received, including 

attachments and other supporting 

materials, are part of the public record 

and are subject to public disclosure. 

You should submit only information 

that you wish to make publicly 

available. 

Please note: all comments received 

will be posted generally without change 

to https://www.fdic.gov/regulations/ 

laws/federal/, including any personal 

information provided. 

FOR FURTHER INFORMATION CONTACT: 

Thomas Hearn, Counsel, Legal Division, 

thohearn@fdic.gov, 202–898–6967; or 

Kathryn Marks, Counsel, Legal Division, 

kmarks@fdic.gov, 202–898–3896. 

SUPPLEMENTARY INFORMATION: 

I. Policy Objectives 

The policy objective of the proposed 

rule is to rescind and remove 

unnecessary and duplicative regulations 

in order to simplify them and improve 

the public’s understanding of them. 

Subpart Q of part 390 is composed 

entirely of definitions of terms used in 

other subparts of parts 390 and 391. 

When completed, the ongoing rescission 

and removal of all other subparts of 

parts 390 and 391 mean the definitions 

in subpart Q will no longer apply to any 

current regulation, rendering it 

unnecessary. Therefore, the proposed 

rescission and removal of subpart Q 

may contribute to minimizing potential 

misunderstanding of the subpart by 

readers and help keep federal 

regulations current. 

II. Background 

Title III of the Dodd-Frank Wall Street 

Reform and Consumer Protection Act of 

2010 (the Dodd-Frank Act or the Act) 

provided for the functions, powers, and 

duties of the Office of Thrift 

Supervision (OTS) relating to State 

savings associations to transfer to the 

FDIC effective one year after July 21, 

2010, the date that the Dodd-Frank Act 

was enacted.1 In connection with this 

transfer, effective July 22, 2011, the 

FDIC caused to be published in the 

Federal Register the transferred OTS 

regulations related to State savings 

associations reissued as parts 390 and 

391 of the FDIC’s regulations.2

When the FDIC reissued OTS 

regulations as parts 390 and 391 of the 

FDIC’s regulations, it specifically noted 

that its staff would evaluate the reissued 

regulations and may later recommend 

incorporating them into other FDIC 

regulations, amending them, or 

rescinding them, as appropriate.3 The 


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Federal Register / Vol. 86, No. 27 / Thursday, February 11, 2021 / Proposed Rules 9029 

4The list below reflects the relevant Federal 

Register citations and effective dates for the 

rescission and removal of the subparts of part 391. 

Subpart A—Security Procedures, final rule, 83 FR 

13839 (Apr. 2, 2018) https://www.govinfo.gov/ 

content/pkg/FR-2018-04-02/pdf/2018-06161.pdf, 

effective May 2, 2018; Subpart B—Safety and 

Soundness Guidelines and Compliance Procedures, 

final rule, 80 FR 65904 (Oct. 28, 2015) https:// 

www.govinfo.gov/content/pkg/FR-2015-10-28/pdf/ 

2015-27293.pdf, effective November 27, 2015; 

Subpart C—Fair Credit Reporting, final rule, 80 FR 

65913 (Oct. 28, 2015) https://www.govinfo.gov/ 

content/pkg/FR-2015-10-28/pdf/2015-27291.pdf, 

effective November 27, 2015; Subpart D—Loans in 

Areas Having Special Flood Hazards, final rule, 79 

FR 75742 (Dec. 19, 2014) https://www.govinfo.gov/ 

content/pkg/FR-2014-12-19/pdf/2014-29761.pdf, 

effective January 20, 2015; and Subpart E— 

Acquisitions of Control of State Savings 

Associations, final rule, 80 FR 65889 (Oct. 28, 2015) 

https://www.govinfo.gov/content/pkg/FR-2015-10- 

28/pdf/2015-27289.pdf, effective January 1, 2016. 

5The list below reflects the relevant Federal 

Register citations and effective dates for the 24 

subparts of part 390 that have been rescinded and 

removed. The FDIC is also expected to propose 

rescinding and removing Subpart W at the same 

Board meeting on January 19, 2021. 

Subpart A—Restrictions on Post-Employment 

Activities of Senior Examiners, final rule, 79 FR 

42181 (July 21, 2014) https://www.govinfo.gov/ 

content/pkg/FR-2014-07-21/pdf/2014-16974.pdf, 

effective August 20, 2014; Subpart B—Removals, 

Suspensions, and Prohibitions Where a Crime is 

Charged or Proven, final rule, 80 FR 5009 (Jan. 30 

2015) https://www.govinfo.gov/content/pkg/FR2015-01-30/pdf/2015-01327.pdf, effective March 2, 

2015; Subpart C—Rules of Practice and Procedure 

in Adjudicatory Proceedings, final rule, 80 FR 5009 

(Jan. 30 2015) https://www.govinfo.gov/content/pkg/ 

FR-2015-01-30/pdf/2015-01327.pdf, effective 

March, 2, 2015; Subpart D—Rules for Investigations 

and Formal Examination Proceedings, final rule, 80 

FR 5009 (Jan. 30 2015) https://www.govinfo.gov/ 

content/pkg/FR-2015-01-30/pdf/2015-01327.pdf, 

effective March 2, 2015; Subpart E—Rules of 

Practice Before the FDIC, final rule, 80 FR 5009 

(Jan. 30 2015) https://www.govinfo.gov/content/pkg/ 

FR-2015-01-30/pdf/2015-01327.pdf, effective March 

2, 2015; Subpart F—Application Process 

Procedures, final rule approved by the FDIC Board 

on December 15, 2020, https://www.govinfo.gov/ 

content/pkg/FR-2020-10-15/pdf/2020-21000.pdf; 

Subpart G—Nondiscrimination Requirements, final 

rule approved by the FDIC Board on December 15, 

2020, https://www.fdic.gov/news/board/2020/2020- 

12-15-notice-sum-f-mem.pdf; Subpart H— 

Disclosure and Reporting of CRA-Related 

Agreements, final rule, 79 FR 42183 (July 21, 2014) 

https://www.govinfo.gov/content/pkg/FR-2014-07- 

21/pdf/2014-16973.pdf, effective August 20, 2014; 

Correction 80 FR 23692 (Apr. 29, 2015); https:// 

www.govinfo.gov/content/pkg/FR-2015-04-29/pdf/ 

2015-09894.pdf, effective April 29, 2015; Subpart 

I—Consumer Protection in Sales of Insurance, final 

rule, 83 FR 13843 (April 2, 2018) https:// 

www.govinfo.gov/content/pkg/FR-2018-04-02/pdf/ 

2018-06163.pdf, effective May 2, 2018; Subpart J— 

Fiduciary Powers of State Savings Associations, 

final rule, 83 FR 60333 (Nov. 26, 2018) https:// 

www.govinfo.gov/content/pkg/FR-2018-11-26/pdf/ 

2018-25659.pdf, effective January 1, 2019; Subpart 

K—Recordkeeping and Confirmation Requirements 

for Securities Transactions, final rule, 78 FR 76721 

(Dec. 19, 2013) https://www.govinfo.gov/content/ 

pkg/FR-2013-12-19/pdf/2013-29786.pdf, effective 

January 24, 2014; Subpart L—Electronic Operations, 

final rule, 80 FR 65612 (Oct. 27, 2015) https:// 

www.govinfo.gov/content/pkg/FR-2015-10-27/pdf/ 

2015-27292.pdf, effective November 27, 2015; 

Subpart M—Deposits, final rule, 84 FR 65276 (Nov. 

27, 2019) https://www.govinfo.gov/content/pkg/FR2019-11-27/pdf/2019-25697.pdf, effective December 

27, 2019; Subpart N—Possession by Conservators or 

Receivers of Federal and State Savings 

Associations, final rule, 80 FR 5015 (Jan. 30, 2015) 

https://www.govinfo.gov/content/pkg/FR-2015-01- 

30/pdf/2015-01326.pdf, effective March 2, 2015; 

Subpart O—Subordinate Organizations, final rule 

approved by the FDIC Board on December 15, 2020, 

https://www.fdic.gov/news/board/2020/2020-12-15- 

notice-sum-g-fr.pdf; Subpart P—Lending and 

Investment, final rule, 84 FR 31171 (July 1, 2019) 

https://www.govinfo.gov/content/pkg/FR-2019-07- 

01/pdf/2019-13449.pdf, effective July 31, 2019; 

Subpart R—Regulatory Reporting Standards, final 

rule, 85 FR 3247 (Jan. 21, 2020) https:// 

www.govinfo.gov/content/pkg/FR-2020-01-21/pdf/ 

2019-27577.pdf, effective February 20, 2020; 

Subpart S—State Savings Associations— 

Operations, final rule, 85 FR 3232 (Jan. 21, 2020) 

https://www.govinfo.gov/content/pkg/FR-2020-01- 

21/pdf/2019-27580.pdf, effective February 20, 2020; 

Subpart T—Accounting Requirements, final rule, 85 

FR 3250 (Jan. 21, 2020) https://www.govinfo.gov/ 

content/pkg/FR-2020-01-21/pdf/2019-27579.pdf, 

effective February 20, 2020; Subpart U—Securities 

of State Savings Associations, final rule, 79 FR 

63498 (Oct. 24, 2014) https://www.govinfo.gov/ 

content/pkg/FR-2014-10-24/pdf/2014-25336.pdf, 

effective November 24, 2014; Subpart V— 

Management Officials Interlock, final rule, 80 FR 

79250 (Dec. 21. 2015) https://www.govinfo.gov/ 

content/pkg/FR-2015-12-21/pdf/2015-31940.pdf, 

effective January 20, 2016; Subpart W—Securities 

Offerings, Subpart W is expected to be considered 

at the January 19, 2021, Board meeting.; Subpart 

X—Appraisals, final rule, 80 FR 33658 (June 9, 

2015) https://www.govinfo.gov/content/pkg/FR2015-06-09/pdf/2015-12719.pdf, effective August 

10, 2015; Subpart Y—Prompt Corrective Action, 

final rule, §§ 390.450 through 390.455 rescinded 

and removed, 83 FR 17737 (April 24, 2018) https:// 

www.govinfo.gov/content/pkg/FR-2018-04-24/pdf/ 

2018-06881.pdf, effective April 24, 2018; for 

rescinding and removing the remaining sections of 

subpart Y, §§ 390.456 through 390.459, a final rule 

was approved by the FDIC Board on December 15, 

2020, https://www.fdic.gov/news/board/2020/2020- 

12-15-notice-sum-h-fr.pdf. https://www.fdic.gov/ 

news/board/2020/2020-12-15-notice-sum-h-fr-.pdf; 

Subpart Z—Capital, final rule, 83 FR 17737 (Apr. 

24, 2018) https://www.govinfo.gov/content/pkg/FR2018-04-24/pdf/2018-06881.pdf, (effective April 24, 

2018). 

6Subpart Q is derived from part 561 of the OTS 

regulations. 7CALL Report data, June 2020. 

FDIC has since rescinded and removed 

all subparts of part 391.4 At present, the 

FDIC has rescinded and removed 24 of 

the 26 subparts of part 390 and a notice 

of proposed rulemaking with respect to 

subpart W (Securities Offerings), is 

expected to be considered at the same 

Board meeting.5 Subpart Q, the subject 

of this Notice, is the final of the 26 

subparts to be considered by the Board 

for rescission. 

III. Proposed Regulation Changes 

Part 390, subpart Q, contains 

definitions of terms used in subparts 

390 and 391,6 and is derived from 

definitions contained in 12 CFR part 

561 of the OTS regulations. As noted 

above, all of part 391 has been rescinded 

and removed from the FDIC’s 

regulations. For part 390, 24 of the 26 

subparts have been rescinded and 

removed and the other remaining 

subpart, subpart W, is expected to be 

considered at the January 2021 Board 

meeting. Once this other remaining 

subpart of part 390 is rescinded and 

removed, no regulations will remain to 

which the definitions in subpart Q will 

apply. For this reason, the FDIC is 

proposing to rescind and remove 

subpart Q, the last of the 26 subparts, 

and will coordinate the final rule’s 

effective date with effective dates for the 

rescission and removal of the remaining 

other subparts of part 390. 

IV. Expected Effects 

As of the quarter ending June 30, 

2020, the FDIC supervised 3,270 

depository institutions, of which 35 (1.1 

percent) are State savings associations.7

The proposed rule primarily would 

affect regulations that govern State 

savings associations. Therefore, the 

FDIC estimates that the proposed rule 

will affect 35 FDIC-supervised State 

savings associations. As previously 

discussed, the proposed rule, if adopted, 

would rescind and remove part 390, 

subpart Q. Since the proposed 

rescission and removal of subpart Q is 

being coordinated with the rescission 

and removal of the five remaining 

subparts of part 390, it will no longer 

apply to any regulation and will, 

therefore, be unnecessary. Based on the 

forgoing, the proposed rule is not 

expected to have any substantive effects 

on FDIC-supervised State savings 

associations. 

The proposed rule could have a broad 

effect on the public by simplifying the 

Code of Federal Regulations, and 

thereby, benefit the public by promoting 

ease of understanding and reference. 

Assessing the magnitude of this 

potential effect appears infeasible given 

the absence of direct studies 

demonstrating the potential connection 

between outdated federal regulations 

and compliance outcomes. 

The FDIC does not believe that the 

proposed rule will have direct 

substantive effects on financial market 

activity or the U.S. economy. 

The FDIC invites comments on all 

aspects of this analysis. In particular, 

would the proposed rule have any costs 

or benefits to covered entities that the 

FDIC has not identified? 

V. Alternatives Considered 

The FDIC has considered alternatives 

to the proposed rule, but believes the 

proposed rule represents the most 

appropriate option for covered 

institutions. As discussed previously, 

the Dodd-Frank Act transferred to the 

FDIC certain powers, duties, and 

functions formerly performed by the 


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9030 Federal Register / Vol. 86, No. 27 / Thursday, February 11, 2021 / Proposed Rules 

8 44 U.S.C. 3501–3521. 

9 5 U.S.C. 601, et seq. 

10The SBA defines a small banking organization 

as having $600 million or less in assets, where ‘‘a 

financial institution’s assets are determined by 

averaging the assets reported on its four quarterly 

financial statements for the preceding year.’’ See 13 

CFR 121.201 (as amended by 84 FR 34261, effective 

August 19, 2019). ‘‘SBA counts the receipts, 

employees, or other measure of size of the concern 

whose size is at issue and all of its domestic and 

foreign affiliates.’’ See 13 CFR 121.103. Following 

these regulations, the FDIC uses a covered entity’s 

affiliated and acquired assets, averaged over the 

preceding four quarters, to determine whether the 

FDIC-supervised institution is ‘‘small’’ for the 

purposes of RFA. 

11FDIC-supervised institutions are set forth in 12 

U.S.C. 1813(q)(2). 

12FDIC CALL Report data, June 30, 2020. 

13 Id. 

14Public Law 106–102, section 722, 113 Stat. 

1338, 1471 (codified at 12 U.S.C. 4809)). 15Public Law 104–208, 110 Stat. 3009 (1996). 16 82 FR 15900 (March 31, 2017). 17 12 U.S.C. 4802(a). 

OTS. The FDIC’s Board reissued and 

redesignated certain transferred 

regulations from the OTS, but noted that 

it would evaluate and might later, as 

appropriate, rescind, amend, or 

incorporate the regulations into other 

FDIC regulations. 

The FDIC has evaluated the existing 

regulations regarding definitions of 

terms used in parts 390 and 391. The 

FDIC considered the status quo 

alternative of retaining the current 

regulations, but believes it would be 

unnecessary for FDIC-supervised 

institutions to continue to refer to these 

regulations when they will not apply to 

remaining regulations. If subpart Q 

remained in the Federal Code while all 

the subparts to which it applied were 

rescinded and removed, some members 

of the public could incur modest but 

unnecessary costs associated with the 

time and effort to comprehend the 

meaning of the presence of subpart Q. 

Therefore, the FDIC is proposing to 

rescind and remove the regulations. 

VI. Request for Comments 

The FDIC invites comments on all 

aspects of this proposed rulemaking. In 

particular, the FDIC requests comments 

on what negative impacts, if any, can 

you foresee in the FDIC’s proposal to 

rescind and remove part 390, subpart Q 

from the Code of Federal Regulation and 

to coordinate this action with the 

effective dates of the rescission and 

removal of the other remaining subparts 

of part 390. Please provide any other 

comments you have on the proposal. 

VII. Administrative Law Matters 

A. The Paperwork Reduction Act 

In accordance with the requirements 

of the Paperwork Reduction Act of 1995 

(PRA),8 the FDIC may not conduct or 

sponsor, and the respondent is not 

required to respond to, an information 

collection unless it displays a currently 

valid Office of Management and Budget 

(OMB) control number. 

The proposed rule would rescind and 

remove from FDIC regulations part 390, 

subpart Q. The proposed rule will not 

create any new or revise any existing 

collections of information under the 

PRA. Therefore, no information 

collection request will be submitted to 

the OMB for review. 

B. The Regulatory Flexibility Act 

The Regulatory Flexibility Act (RFA), 

requires that, in connection with a 

notice of proposed rulemaking, an 

agency prepare and make available for 

public comment an initial regulatory 

flexibility analysis that describes the 

impact of the proposed rule on small 

entities.9 However, a regulatory 

flexibility analysis is not required if the 

agency certifies that the proposed rule 

will not have a significant economic 

impact on a substantial number of small 

entities, and publishes its certification 

and a short explanatory statement in the 

Federal Register, together with the 

proposed rule. The Small Business 

Administration (SBA) has defined 

‘‘small entities’’ to include banking 

organizations with total assets of less 

than or equal to $600 million.10

Generally, the FDIC considers a 

significant effect to be a quantified effect 

in excess of 5 percent of total annual 

salaries and benefits per institution, or 

2.5 percent of total noninterest 

expenses. The FDIC believes that effects 

in excess of these thresholds typically 

represent significant effects for FDICsupervised institutions. 

As of the quarter ending June 30, 

2020, the FDIC supervised 3,270 

depository institutions,11 of which 

2,492 were considered small entities for 

the purposes of RFA.12 There are 33 (1.0 

percent of FDIC-supervised depository 

institutions) State savings associations 

that are small entities for the purposes 

of RFA.13 As discussed previously, the 

proposed rule would rescind and 

remove 12 CFR part 390, subpart Q, 

which contains definitions of terms 

used in parts 390 and 391 of the FDIC’s 

regulations. Because all of part 391 has 

been rescinded and removed and all 

other remaining subparts of part 390 

will be rescinded and removed upon 

finalization of this proposed 

rulemaking, the FDIC does not expect 

the rescission and removal of the 

definitions in subpart Q to significantly 

affect any small FDIC-supervised State 

savings associations. 

Based on the information above, the 

FDIC certifies that the proposed rule, if 

enacted, would not have a significant 

economic impact on a substantial 

number of small entities. 

The FDIC invites comments on all 

aspects of the supporting information 

provided in this section, and in 

particular, whether the proposed rule 

would have any significant effects on 

small entities that the FDIC has not 

identified. 

C. Plain Language 

Section 722 of the Gramm-LeachBliley Act 14 requires the Federal 

banking agencies to use plain language 

in all proposed and final rules 

published after January 1, 2000. The 

FDIC has sought to present the proposed 

rule in a simple and straightforward 

manner. The FDIC invites comments on 

whether the proposal is clearly stated 

and effectively organized and how the 

FDIC might make the proposal easier to 

understand. 

D. The Economic Growth and 

Regulatory Paperwork Reduction Act 

Under section 2222 of the Economic 

Growth and Regulatory Paperwork 

Reduction Act of 1996 (EGRPRA), the 

FDIC is required to review all of its 

regulations at least once every 10 years 

in order to identify any outdated or 

otherwise unnecessary regulations 

imposed on insured institutions.15 The 

FDIC, along with the other Federal 

banking agencies, submitted a Joint 

Report to Congress on March 21, 2017 

(EGRPRA Report) discussing how the 

review was conducted, what has been 

done to date to address regulatory 

burden, and further measures the FDIC 

will take to address issues that were 

identified.16 As noted in the EGRPRA 

Report, the FDIC is continuing to 

streamline and clarify its regulations 

through the OTS rule integration 

process. By rescinding and removing 

outdated or unnecessary regulations 

such as part 390, subpart Q, this 

proposed rule complements other 

actions that the FDIC has taken, 

separately and with the other Federal 

banking agencies, to further the 

EGRPRA mandate. 

E. Riegle Community Development and 

Regulatory Improvement Act of 1994 

Pursuant to section 302(a) of the 

Riegle Community Development and 

Regulatory Improvement Act 

(RCDRIA),17 in determining the effective 

date and administrative compliance 

requirements for new regulations that 

impose additional reporting, disclosure, 

or other requirements on insured 

depository institutions (IDIs), each 


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Federal Register / Vol. 86, No. 27 / Thursday, February 11, 2021 / Proposed Rules 9031 

18 Id. 

Federal banking agency must consider, 

consistent with principles of safety and 

soundness and the public interest, any 

administrative burdens that such 

regulations would place on depository 

institutions, including small depository 

institutions, and customers of 

depository institutions, as well as the 

benefits of such regulations. In addition, 

section 302(b) of RCDRIA requires new 

regulations and amendments to 

regulations that impose additional 

reporting, disclosures, or other new 

requirements on IDIs generally to take 

effect on the first day of a calendar 

quarter that begins on or after the date 

on which the regulations are published 

in final form.18 The FDIC invites 

comments that further will inform its 

consideration of RCDRIA. 

List of Subjects in 12 CFR Part 390 

Administrative practice and 

procedure, Advertising, Aged, Civil 

rights, Conflict of interests, Credit, 

Crime, Equal employment opportunity, 

Fair housing, Government employees, 

Individuals with disabilities, Reporting 

and recordkeeping requirements, 

Savings associations. 

PART 390—REGULATIONS 

TRANSFERRED FROM THE OFFICE OF 

THRIFT SUPERVISION 

Authority and Issuance 

For the reasons stated in the 

preamble, the Federal Deposit Insurance 

Corporation proposes to amend part 390 

of title 12 of the Code of Federal 

Regulations as follows: 

■ 1. The authority citation for part 390 

is revised to read as follows: 

Authority: 12 U.S.C. 1819. 

Subpart Q—[Removed and Reserved] 

■ 2. Remove and reserve subpart Q, 

consisting of §§ 390.280 through 

390.316. 

Federal Deposit Insurance Corporation. 

By order of the Board of Directors. 

Dated at Washington, DC, on January 19, 

2021. 

James P. Sheesley, 

Assistant Executive Secretary. 

[FR Doc. 2021–01536 Filed 2–10–21; 8:45 am] 

BILLING CODE 6714–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2020–0597; FRL–10019– 

43–Region 3] 

Approval and Promulgation of Air 

Quality Plans; Pennsylvania; 

Reasonably Available Control 

Technology (RACT) Determinations for 

Case-by-Case Sources Under the 1997 

and 2008 8-Hour Ozone National 

Ambient Air Quality Standards 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve 

multiple state implementation plan 

(SIP) revisions submitted by the 

Commonwealth of Pennsylvania. These 

revisions were submitted by the 

Pennsylvania Department of 

Environmental Protection (PADEP) to 

establish and require reasonably 

available control technology (RACT) for 

nine major sources of volatile organic 

compounds (VOC) and/or nitrogen 

oxides (NOX) pursuant to the 

Commonwealth of Pennsylvania’s 

conditionally approved RACT 

regulations. In this rulemaking action, 

EPA is only proposing to approve 

source-specific (also referred to as 

‘‘case-by-case’’) RACT determinations 

for eight of the nine major sources 

submitted by PADEP. These RACT 

evaluations were submitted to meet 

RACT requirements for the 1997 and 

2008 8-hour ozone national ambient air 

quality standards (NAAQS). This action 

is being taken under the Clean Air Act 

(CAA). 

DATES: Written comments must be 

received on or before March 15, 2021. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R03– 

OAR–2020–0597 at https://

www.regulations.gov, or via email to 

opila.marycate@epa.gov. For comments 

submitted at Regulations.gov, follow the 

online instructions for submitting 

comments. Once submitted, comments 

cannot be edited or removed from 

Regulations.gov. For either manner of 

submission, EPA may publish any 

comment received to its public docket. 

Do not submit electronically any 

information you consider to be 

confidential business information (CBI) 

or other information whose disclosure is 

restricted by statute. Multimedia 

submissions (audio, video, etc.) must be 

accompanied by a written comment. 

The written comment is considered the 

official comment and should include 

discussion of all points you wish to 

make. EPA will generally not consider 

comments or comment contents located 

outside of the primary submission (i.e., 

on the web, cloud, or other file sharing 

system). For additional submission 

methods, please contact the person 

identified in the FOR FURTHER

INFORMATION CONTACT section. For the 

full EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

http://www2.epa.gov/dockets/ 

commenting-epa-dockets. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Emily Bertram, Permits Branch (3AD10), 

Air and Radiation Division, U.S. 

Environmental Protection Agency, 

Region III, 1650 Arch Street, 

Philadelphia, Pennsylvania 19103. The 

telephone number is (215) 814–5273. 

Ms. Bertram can also be reached via 

electronic mail at bertram.emily@

epa.gov. 

SUPPLEMENTARY INFORMATION: On March 

9, 2020, PADEP submitted a revision to 

its SIP to address case-by-case NOX and/ 

or VOC RACT for nine major facilities. 

This SIP revision is intended to address 

the NOX and/or VOC RACT 

requirements under sections 182 and 

184 of the CAA for the 1997 and 2008 

8-hour ozone NAAQS. Table 1 of this 

document lists the SIP submittal date 

and the facilities included in PADEP’s 

submittal. Although submitted in one 

SIP revision by PADEP, EPA views each 

facility as a separable SIP revision and 

may take separate final action on one or 

more facilities. In this rulemaking 

action, EPA is only proposing to 

approve case-by-case RACT 

determinations for eight of the nine 

sources submitted to EPA by PADEP. 

The remaining major source, Montour 

LLC, will be acted on in a future 

rulemaking action. 

For additional background 

information on Pennsylvania’s 

‘‘presumptive’’ RACT II SIP see 84 FR 

20274 (May 9, 2019) and on 

Pennsylvania’s source-specific or ‘‘caseby-case’’ RACT determinations see the 

appropriate technical support document 

(TSD) which is available online at 

https://www.regulations.gov, Docket No. 

EPA–R03–OAR–2020–0597. 


khammond on DSKJM1Z7X2PROD with PROPOSALS