10026 Federal Register / Vol. 86, No. 31 / Thursday, February 18, 2021 / Rules and Regulations 

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. 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). 

Under section 307(b)(1) of the CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by April 19, 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, Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

Dated: February 5, 2021. 

Deborah Jordan, 

Acting Regional Administrator, Region IX. 

For the reasons stated in the 

preamble, the Environmental Protection 

Agency amends Part 52, chapter I, title 

40 of the Code of Federal Regulations 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. 

Subpart F—California 

■ 2. Section 52.220 is amended by 

adding paragraph (c)(307)(i)(C)(3) to 

read as follows: 

§ 52.220 Identification of plan-in part. 

* * * * * 

(c) * * * 

(307) * * * 

(i) * * * 

(C) * * * 

(3) Previously approved on June 5, 

2003 at (c)(307)(i)(C)(2) of this section 

and now deleted without replacement, 

Rule 67.11.1, adopted on September 25, 

2002. 

* * * * * 

[FR Doc. 2021–02901 Filed 2–17–21; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R10–OAR–2020–0174, FRL–10018– 

23–Region 10] 

Air Plan Approval; Washington: 

Inspection and Maintenance Program 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving a revision to 

the Washington State Implementation 

Plan (SIP) submitted by the State of 

Washington on June 2, 2019, through 

the Washington Department of Ecology. 

The revision, applicable in Clark, King, 

Pierce, Snohomish, and Spokane 

Counties, Washington, removes the 

Inspection and Maintenance (I/M) 

program from the active control measure 

portion of the SIP. The I/M program was 

previously approved into the SIP for use 

as a component of the State’s plans to 

address on-road sources in certain 

former nonattainment areas and is now 

part of the contingency portion of the 

applicable SIP for each area. The EPA 

has determined that Washington’s June 

2, 2019 SIP revision is consistent with 

the applicable portions of the Clean Air 

Act (CAA). 

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–2020–0174. 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., CBI 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 is publicly available 

only in hard copy form. Publicly 

available docket materials are available 

at https://www.regulations.gov, or 

please contact the person identified in 

the FOR FURTHER INFORMATION CONTACT

section for additional availability 

information. 

FOR FURTHER INFORMATION CONTACT: Karl 

Pepple, EPA Region 10, 1200 Sixth 

Avenue—Suite 155, Seattle, WA 98101, 

at (206) 553–1778, or pepple.karl@

epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document wherever 

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

intended to refer to the EPA. 

I. Background Information 

On October 30, 2020, the EPA 

proposed to approve Washington’s June 

2, 2019 SIP revision moving the I/M 

program located at Washington 

Administrative Code (WAC) 173–422 

from the actively implemented portion 

of the Washington SIP to the 

contingency measure portion of the SIP 

(85 FR 68822). The reasons for our 

proposed approval are included in the 

proposal and will not be restated here. 

The public comment period for our 

proposal closed on November 30, 2020. 

We received no public comments and 

are finalizing our action as proposed. 

II. Final Action 

The EPA is moving the I/M program 

located at WAC 173–422 from the 

actively implemented portion of the 

Washington SIP incorporated by 

reference at 40 CFR 52.2470(c) to the 

contingency measure and attainment 

planning portion of the SIP at 40 CFR 

52.2470(e). 

III. Incorporation by Reference 

In this document, the EPA is 

removing regulatory text that includes 

incorporation by reference. In 

accordance with requirements of 1 CFR 

51.5, the EPA is removing the current 

incorporation by reference of WAC 

Chapter 173–422 in 40 CFR 52.2470(c) 

as identified in Section II of this 

preamble. The EPA has made, and will 

continue to make, these materials 

generally available through https://

www.regulations.gov and at the EPA 

Region 10 Office (please contact the 

person identified in the FOR FURTHER

INFORMATION CONTACT section of this 

preamble for more information). 

Therefore, these materials have been 

approved by the EPA for inclusion in 

the SIP, have been incorporated by 

reference by the EPA into that plan, are 


jbell on DSKJLSW7X2PROD with RULES
Federal Register / Vol. 86, No. 31 / Thursday, February 18, 2021 / Rules and Regulations 10027 

1 62 FR 27968 (May 22, 1997). 

fully Federally-enforceable under 

sections 110 and 113 of the CAA as of 

the effective date of the final rulemaking 

of the EPA’s approval, and will be 

incorporated by reference in the next 

update to the SIP compilation.1

IV. 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 proposed 

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); 

• 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). 

In addition, the SIP is not approved 

to 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 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). 

Washington’s SIP is approved to apply 

on non-trust land within the exterior 

boundaries of the Puyallup Indian 

Reservation, also known as the 1873 

Survey Area. Under the Puyallup Tribe 

of Indians Settlement Act of 1989, 25 

U.S.C. 1773, Congress explicitly 

provided state and local agencies in 

Washington authority over activities on 

non-trust lands within the 1873 Survey 

Area. Consistent with EPA policy, the 

EPA provided a consultation 

opportunity to the Puyallup Tribe in a 

letter dated August 9, 2019. 

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). 

Under section 307(b)(1) of the CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by April 19, 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, 

Lead, Nitrogen dioxide, Ozone, 

Particulate matter, Reporting and 

recordkeeping requirements, Sulfur 

oxides, Volatile organic compounds. 

Dated: February 9, 2021. 

Michelle L. Pirzadeh, 

Acting Regional Administrator, Region 10. 

For the reasons set forth in the 

preamble, 40 CFR part 52 is amended 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. 

Subpart WW—Washington 

■ 2. In § 52.2470: 

■ a. Amend Table 1 in paragraph (c) by: 

■ i. Removing the heading ‘‘Washington 

Administrative Code, Chapter 173– 

422—Motor Vehicle Emission 

Inspection’’; and 

■ ii. Removing the entries ‘‘173–422– 

010’’, ‘‘173–422–020’’, ‘‘173–422–030’’, 

‘‘173–422–031’’, ‘‘173–422–035’’, ‘‘173– 

422–040’’, ‘‘173–422–050’’, ‘‘173–422– 

060’’, ‘‘173–422–065’’, ‘‘173–422–070’’, 

‘‘173–422–075’’, ‘‘173–422–090’’, ‘‘173– 

422–095’’, ‘‘173–422–100’’, ‘‘173–422– 

120’’, ‘‘173–422–145’’, ‘‘173–422–160’’, 

‘‘173–422–170’’, ‘‘173–422–175’’, ‘‘173– 

422–090’’, and ‘‘173–422–095’’; and 

■ b. Amend Table 2 in paragraph (e) by: 

■ i. Under the heading ‘‘Attainment and 

Maintenance Planning—Carbon 

Monoxide’’: 

■ A. Revising the entries ‘‘Carbon 

Monoxide Maintenance Plan 10-Year 

Update’’ (Applicable Geographic or 

Nonattainment Area, Puget Sound); and 

‘‘Carbon Monoxide Maintenance Plan 

10-Year Update’’ (Applicable 

Geographic or Nonattainment Area, 

Vancouver); and 

■ B. Revising the entry for ‘‘Carbon 

Monoxide 2nd 10-Year Limited 

Maintenance Plan’’; and 

■ ii. Under the heading ‘‘Attainment 

and Maintenance Planning—Ozone’’ 

revising the entries for ‘‘8-Hour Ozone 

110(a)(1) Maintenance Plan’’ 

(Applicable Geographic or 

Nonattainment Area, Seattle—Tacoma); 

and ‘‘8-Hour Ozone 110(a)(1) 

Maintenance Plan’’ (Applicable 

Geographic or Nonattainment Area, 

Vancouver); 

■ iii. Under the heading ‘‘Attainment 

and Maintenance Planning—Particulate 

Matter (PM10)’’ revising the entry for 

‘‘Particulate Matter (PM10) 2nd 10-Year 

Limited Maintenance Plan’’ (Applicable 

Geographic or Nonattainment Area, 

Kent, Seattle, and Tacoma); and 

■ iv. Under the heading ‘‘Other 

Federally Mandated Plans’’ removing 


jbell on DSKJLSW7X2PROD with RULES
10028 Federal Register / Vol. 86, No. 31 / Thursday, February 18, 2021 / Rules and Regulations 

the entry for ‘‘Motor Vehicle Inspection 

& Maintenance Program’’. 

The revisions read as follows: 

§ 52.2470 Identification of plan. 

* * * * * 

(e) * * * 

TABLE 2—ATTAINMENT, MAINTENANCE, AND OTHER PLANS

Name of SIP provision Applicable geographic or 

nonattainment area 

State submittal date EPA approval date Explanations 

Attainment and Maintenance Planning—Carbon Monoxide 

*******

Carbon Monoxide Maintenance Plan 10-year Update.Puget Sound ..................... 12/17/03; 6/ 

3/19 

8/5/04, 69 FR 47365; 2/18/ 

2021, [Insert Federal 

Register citation].

6/3/19 submission moved Motor Vehicle 

Inspection and Maintenance Program 

from control measure to contingency 

measure. 

*******

Carbon Monoxide Maintenance Plan 10-year Update.Vancouver ......................... 4/25/07; 6/3/ 

19 

6/27/08, 73 FR 36439; 2/ 

18/2021, [Insert Federal 

Register citation].

6/3/19 submission moved Motor Vehicle 

Inspection and Maintenance Program 

from control measure to contingency 

measure. 

Carbon Monoxide 2nd 10- 

Year Limited Maintenance Plan.

Spokane ............................ 5/11/16; 6/3/ 

19 

7/14/16, 81 FR 45419; 2/ 

18/2021, [Insert Federal 

Register citation].

6/3/19 submission moved Motor Vehicle 

Inspection and Maintenance Program 

from control measure to contingency 

measure. 

* * * * * * * 

Attainment and Maintenance Planning—Ozone 

*******

8-Hour Ozone 110(a)(1) 

Maintenance Plan.

Seattle—Tacoma ............... 2/5/08; 6/3/ 

19 

5/2/14, 79 FR 25010; 2/18/ 

2021, [Insert Federal 

Register citation].

6/3/19 submission moved Motor Vehicle 

Inspection and Maintenance Program 

from control measure to contingency 

measure. 

8-Hour Ozone 110(a)(1) 

Maintenance Plan.

Vancouver ......................... 1/17/07; 6/3/ 

19 

8/11/15, 80 FR 48033; 2/ 

18/2021, [Insert Federal 

Register citation].

6/3/19 submission moved Motor Vehicle 

Inspection and Maintenance Program 

from control measure to contingency 

measure. 

Attainment and Maintenance Planning—Particulate Matter (PM10) 

*******

Particulate Matter (PM10) 

2nd 10-Year Limited 

Maintenance Plan.

Kent, Seattle, and Tacoma 11/29/13; 6/ 

3/19 

8/20/14, 79 FR 49244; 2/ 

18/2021, [Insert Federal 

Register citation].

6/3/19 submission moved Motor Vehicle 

Inspection and Maintenance Program 

from control measure to contingency 

measure. 

* * * * * * * 


jbell on DSKJLSW7X2PROD with RULES
Federal Register / Vol. 86, No. 31 / Thursday, February 18, 2021 / Rules and Regulations 10029 

1 82 FR 58348. 

2 82 FR 27431. 

* * * * * 

[FR Doc. 2021–03033 Filed 2–17–21; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Parts 59, 61 and 62 

[Docket ID FEMA–2018–0026] 

RIN 1660–AA95 

National Flood Insurance Program: 

Conforming Changes To Reflect the 

Biggert-Waters Flood Insurance 

Reform Act of 2012 (BW–12) and the 

Homeowners Flood Insurance 

Affordability Act of 2014 (HFIAA), and 

Additional Clarifications for Plain 

Language; Correction 

AGENCY: Federal Emergency 

Management Agency; DHS. 

ACTION: Final rule; correction. 

SUMMARY: On July 20, 2020, FEMA 

published in the Federal Register a final 

rule revising the National Flood 

Insurance Program (NFIP) regulations to 

codify certain provisions of the BiggertWaters Flood Insurance Reform Act of 

2012 and the Homeowner Flood 

Insurance Affordability Act of 2014, and 

to clarify certain existing NFIP rules 

relating to NFIP operations and the 

Standard Flood Insurance Policy. This 

final rule provides corrections to those 

instructions, to be used in lieu of the 

information published July 20. 

DATES: This correction is effective 

October 1, 2021. 

ADDRESSES: The docket for this 

rulemaking is available for inspection 

using the Federal eRulemaking Portal at 

http://www.regulations.gov and can be 

viewed by following that website’s 

instructions. 

FOR FURTHER INFORMATION CONTACT: 

Kelly Bronowicz, Director, Policyholder 

Services Division, Federal Insurance 

and Mitigation Administration, Federal 

Emergency Management Agency, 400 C 

Street SW, Washington, DC 20472, (202) 

557–9488. 

SUPPLEMENTARY INFORMATION: In FR Doc. 

2020–09260, beginning on page 43946 

in the Federal Register of Monday, July 

20, 2020, the following corrections are 

made: 

PART 61—INSURANCE COVERAGE 

AND RATES 

§ 61.6 [Corrected] 

■ 1. On page 43958, in the amendment 

to § 61.6, in ‘‘Table 1 to Paragraph (a)— 

Maximum Amounts of Coverage 

Available’’, the center heading ‘‘Bulding 

Coverage’’ is corrected to read ‘‘Building 

Coverage’’; 

Appendix A(1) to Part 61 [Corrected] 

■ 2. On page 43968, in the first column, 

in Appendix A(1) to part 61, article 

VIII.D.3.c, ‘‘If this policy is cancelled 

pursuant to VIII.D.4.b,’’ is corrected to 

read ‘‘If this policy is cancelled 

pursuant to VIII.D.3.b,’’; 

Appendix A(2) to Part 61 [Corrected] 

■ 3. On page 43976, in the second 

column, in Appendix A(2) to part 61, 

article VIII.D.3.c, ‘‘If this policy is 

cancelled pursuant to VIII.D.4.b,’’ is 

corrected to read ‘‘If this policy is 

cancelled pursuant to VIII.D.3.b,’’’ 

Appendix A(3) to Part 61 [Corrected] 

■ 4. On page 43984, in the third column, 

in Appendix A(3) to part 61, article 

IX.D.3.c, ‘‘If this policy is cancelled 

pursuant to VIII.D.3.a,’’ is corrected to 

read ‘‘If this policy is cancelled 

pursuant to IX.D.3.b,’’; 

§ 62.6 [Corrected] 

■ 5. On page 43986, in the third column, 

instruction number 18 and the 

corresponding CFR text is corrected to 

read as follows: 

18. In § 62.6, revise the section 

heading, redesignate paragraphs (a) and 

(b) as paragraphs (b) and (c), add new 

paragraph (a), and revise newly 

redesignated paragraph (b) introductory 

text. 

The addition and revision read as 

follows: 

§ 62.6 Brokers and agents writing NFIP 

policies through the NFIP Direct Servicing 

Agent. 

(a) A broker or agent selling policies 

of flood insurance placed with the NFIP 

at the offices of its servicing agent must 

be duly licensed by the state insurance 

regulatory authority in the state in 

which the property is located. 

(b) The earned commission which 

will be paid to any property or casualty 

insurance agent or broker, with respect 

to each policy or renewal the agent duly 

procures on behalf of the insured, in 

connection with policies of flood 

insurance placed with the NFIP at the 

offices of its servicing agent, but not 

with respect to policies of flood 

insurance issued pursuant to subpart C 

of this part, will not be less than $10 

and is computed as follows: 

* * * * * 

MaryAnn Tierney, 

Acting Deputy Administrator, Federal 

Emergency Management Agency. 

[FR Doc. 2021–02644 Filed 2–17–21; 8:45 am] 

BILLING CODE 9111–52–P 

NATIONAL FOUNDATION ON THE 

ARTS AND THE HUMANITIES 

National Endowment for the Arts 

45 CFR Parts 1149 and 1158 

RIN 3135–AA33 

Civil Penalties Adjustment for 2021 

AGENCY: National Endowment for the 

Arts, National Foundation on the Arts 

and the Humanities. 

ACTION: Final rule. 

SUMMARY: The National Endowment for 

the Arts (NEA) is adjusting the 

maximum civil monetary penalties 

(CMPs) that may be imposed for 

violations of the Program Fraud Civil 

Remedies Act (PFCRA) and the NEA’s 

Restrictions on Lobbying to reflect the 

requirements of the Federal Civil 

Penalties Inflation Adjustment Act 

Improvements Act of 2015 (the 2015 

Act). The 2015 Act further amended the 

Federal Civil Penalties Inflation 

Adjustment Act of 1990 (the Inflation 

Adjustment Act) to improve the 

effectiveness of civil monetary penalties 

and to maintain their deterrent effect. 

This final rule provides the 2021 annual 

inflation adjustments to the initial 

‘‘catch-up’’ adjustments made on June 

15, 2017, and reflects all other inflation 

adjustments made in the interim. 

DATES: This rule is effective February 

18, 2021. 

FOR FURTHER INFORMATION CONTACT: 

Daniel Fishman, Assistant General 

Counsel, National Endowment for the 

Arts, 400 7th St. SW, Washington, DC 

20506, Telephone: 202–682–5418. 

SUPPLEMENTARY INFORMATION: 

1. Background 

On December 12, 2017, the NEA 

issued a final rule titled ‘‘Federal Civil 

Penalties Adjustments’’ 1 which 

finalized the NEA’s June 15, 2017 

interim final rule titled ‘‘Implementing 

the Federal Civil Penalties Adjustment 

Act Improvements Act of 2015’’,2

implementing the 2015 Act (section 701 

of Pub. L. 114–74), which amended the 


jbell on DSKJLSW7X2PROD with RULES