Federal Register / Vol. 86, No. 27 / Thursday, February 11, 2021 / Rules and Regulations 9023 

rule that are not the subject of adverse 

comments. 

IV. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator is 

required to approve a 111(d) plan 

submission that complies with the 

provisions of the CAA and applicable 

Federal regulations (40 CFR 62.04). 

Thus, in reviewing 111(d) plan 

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); 

• Is not an Executive Order 13771 

regulatory action because this action is 

not significant 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 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, this rule 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). 

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 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 12, 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)). 

Parties with objections to this direct 

final rule are encouraged to file a 

comment in response to the parallel 

notice of proposed rulemaking for this 

action published in the Proposed Rules 

section of this Federal Register, rather 

than file an immediate petition for 

judicial review of this direct final rule, 

so that the EPA can withdraw this direct 

final rule and address comment(s) in the 

final rulemaking. 

List of Subjects in 40 CFR Part 62 

Environmental protection, 

Administrative practice and procedure, 

Air pollution control, Intergovernmental 

relations, Reporting and recordkeeping 

requirements. 

Dated: February 3, 2021. 

Deborah Szaro, 

Acting Regional Administrator, EPA Region 

1. 

Part 62 of chapter I, title 40 of the 

Code of Federal Regulations is amended 

as follows: 

PART 62—APPROVAL AND 

PROMULGATION OF STATE PLAN 

FOR DESIGNATED FACILITIES AND 

POLLUTANTS 

■ 1. The authority citation for part 62 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

Subpart U—Maine 

■ 2. Add an undesignated center 

heading and § 62.4995 to read as 

follows: 

Emissions From Existing Solid Waste 

Landfills 

§ 62.4995 Identification of plan—negative 

declaration. 

On March 11, 2020, the Maine 

Department of Environmental Protection 

submitted a letter certifying no existing 

source Municipal Solid Waste Landfills 

subject to 40 CFR part 60, subpart Cf, 

operate within the State’s jurisdiction. 

Subpart OO—Rhode Island 

■ 3. Revise § 62.9985 to read as follows: 

§ 62.9985 Identification of plan—negative 

declaration. 

On July 28, 2020, the Rhode Island 

Department of Environmental 

Management submitted a letter 

certifying no existing source Municipal 

Solid Waste Landfills subject to 40 CFR 

part 60, subpart Cf, operate within the 

State’s jurisdiction. 

[FR Doc. 2021–02543 Filed 2–10–21; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 64 

[Docket ID FEMA–2021–0003; Internal 

Agency Docket No. FEMA–8665] 

Suspension of Community Eligibility 

AGENCY: Federal Emergency 

Management Agency, DHS. 

ACTION: Final rule. 

SUMMARY: This rule identifies 

communities where the sale of flood 


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9024 Federal Register / Vol. 86, No. 27 / Thursday, February 11, 2021 / Rules and Regulations 

insurance has been authorized under 

the National Flood Insurance Program 

(NFIP) that are scheduled for 

suspension on the effective dates listed 

within this rule because of 

noncompliance with the floodplain 

management requirements of the 

program. If the Federal Emergency 

Management Agency (FEMA) receives 

documentation that the community has 

adopted the required floodplain 

management measures prior to the 

effective suspension date given in this 

rule, the suspension will not occur. 

Information identifying the current 

participation status of a community can 

be obtained from FEMA’s CSB available 

at www.fema.gov/flood-insurance/workwith-nfip/community-status-book. 

Please note that per Revisions to 

Publication Requirements for 

Community Eligibility Status 

Information Under the National Flood 

Insurance Program, notices such as this 

one for scheduled suspension will no 

longer be published in the Federal 

Register as of June 2021 but will be 

available at National Flood Insurance 

Community Status and Public 

Notification | FEMA.gov. Individuals 

without internet access will be able to 

contact their local floodplain 

management official and/or State NFIP 

Coordinating Office directly for 

assistance. 

DATES: The effective date of each 

community’s scheduled suspension is 

the third date (‘‘Susp.’’) listed in the 

third column of the following tables. 

FOR FURTHER INFORMATION CONTACT: If 

you want to determine whether a 

particular community was suspended 

on the suspension date or for further 

information, contact Adrienne L. 

Sheldon, PE, CFM, Federal Insurance 

and Mitigation Administration, Federal 

Emergency Management Agency, 400 C 

Street SW, Washington, DC 20472, (202) 

674–1087. Details regarding updated 

publication requirements of community 

eligibility status information under the 

NFIP can be found on the CSB section 

at www.fema.gov. 

SUPPLEMENTARY INFORMATION: The NFIP 

enables property owners to purchase 

Federal flood insurance that is not 

otherwise generally available from 

private insurers. In return, communities 

agree to adopt and administer local 

floodplain management measures aimed 

at protecting lives, new and 

substantially improved construction, 

and development in general from future 

flooding. Section 1315 of the National 

Flood Insurance Act of 1968, as 

amended, 42 U.S.C. 4022, prohibits the 

sale of NFIP flood insurance unless an 

appropriate public body adopts 

adequate floodplain management 

measures with effective enforcement 

measures. The communities listed in 

this document no longer meet that 

statutory requirement for compliance 

with NFIP regulations, 44 CFR part 59. 

Accordingly, the communities will be 

suspended on the effective date listed in 

the third column. As of that date, flood 

insurance will no longer be available in 

the community. FEMA recognizes 

communities may adopt and submit the 

required documentation after this rule is 

published but prior to the actual 

suspension date. These communities 

will not be suspended and will continue 

to be eligible for the sale of NFIP flood 

insurance. Their current NFIP 

participation status can be verified at 

anytime on the CSB section at fema.gov. 

In addition, FEMA publishes a Flood 

Insurance Rate Map (FIRM) that 

identifies the Special Flood Hazard 

Areas (SFHAs) in these communities. 

The date of the published FIRM is 

indicated in the fourth column of the 

table. No direct federal financial 

assistance (except assistance pursuant to 

the Robert T. Stafford Disaster Relief 

and Emergency Assistance Act not in 

connection with a flood) may be 

provided for construction or acquisition 

of buildings in identified SFHAs for 

communities not participating in the 

NFIP and identified for more than a year 

on FEMA’s initial FIRM for the 

community as having flood-prone areas 

(section 202(a) of the Flood Disaster 

Protection Act of 1973, 42 U.S.C. 

4106(a), as amended). This prohibition 

against certain types of federal 

assistance becomes effective for the 

communities listed on the date shown 

in the last column. The Administrator 

finds that notice and public comment 

procedures under 5 U.S.C. 553(b), are 

impracticable and unnecessary because 

communities listed in this final rule 

have been adequately notified. 

Each community receives 6-month, 

90-day, and 30-day notification letters 

addressed to the Chief Executive Officer 

stating that the community will be 

suspended unless the required 

floodplain management measures are 

met prior to the effective suspension 

date. Since these notifications were 

made, this final rule may take effect 

within less than 30 days. 

National Environmental Policy Act. 

FEMA has determined that the 

community suspension(s) included in 

this rule is a non-discretionary action 

and therefore the National 

Environmental Policy Act of 1969 (42 

U.S.C. 4321 et seq.) does not apply. 

Regulatory Flexibility Act. The 

Administrator has determined that this 

rule is exempt from the requirements of 

the Regulatory Flexibility Act because 

the National Flood Insurance Act of 

1968, as amended, Section 1315, 42 

U.S.C. 4022, prohibits flood insurance 

coverage unless an appropriate public 

body adopts adequate floodplain 

management measures with effective 

enforcement measures. The 

communities listed no longer comply 

with the statutory requirements, and 

after the effective date, flood insurance 

will no longer be available in the 

communities unless remedial action 

takes place. 

Regulatory Classification. This final 

rule is not a significant regulatory action 

under the criteria of section 3(f) of 

Executive Order 12866 of September 30, 

1993, Regulatory Planning and Review, 

58 FR 51735. 

Executive Order 13132, Federalism. 

This rule involves no policies that have 

federalism implications under Executive 

Order 13132. 

Executive Order 12988, Civil Justice 

Reform. This rule meets the applicable 

standards of Executive Order 12988. 

Paperwork Reduction Act. This rule 

does not involve any collection of 

information for purposes of the 

Paperwork Reduction Act, 44 U.S.C. 

3501 et seq. 

List of Subjects in 44 CFR Part 64 

Flood insurance, Floodplains. 

Accordingly, 44 CFR part 64 is 

amended as follows: 

PART 64—[AMENDED] 

■ 1. The authority citation for Part 64 

continues to read as follows: 

Authority: 42 U.S.C. 4001 et seq.; 

Reorganization Plan No. 3 of 1978, 3 CFR, 

1978 Comp.; p. 329; E.O. 12127, 44 FR 19367, 

3 CFR, 1979 Comp.; p. 376. 

§ 64.6 [Amended] 

■ 2. The tables published under the 

authority of § 64.6 are amended as 

follows: 


khammond on DSKJM1Z7X2PROD with RULES
Federal Register / Vol. 86, No. 27 / Thursday, February 11, 2021 / Rules and Regulations 9025 

State and location Community 

No. 

Effective date authorization/cancellation 

of sale of flood insurance in community 

Current effective 

map date 

Date certain federal 

assistance no longer 

available in SFHAs 

Region V 

Minnesota: 

Elko New Market, City of, Scott 

County.

270643 June 21, 2013, Emerg; October 24, 

2014, Reg; February 12, 2021, Susp. 

February 12, 2021 .. February 12, 2021. 

Jordan, City of, Scott County ............ 270430 April 15, 1974, Emerg; January 6, 1982, 

Reg; February 12, 2021, Susp. 

......do * .................... Do. 

Prior Lake, City of, Scott County ....... 270432 February 6, 1974, Emerg; September 29, 

1978, Reg; February 12, 2021, Susp. 

......do ...................... Do. 

Savage, City of, Scott County ........... 270433 April 24, 1974, Emerg; June 18, 1980, 

Reg; February 12, 2021, Susp. 

......do ...................... Do. 

Scott County, Unincorporated Areas 270428 April 14, 1972, Emerg; April 3, 1978, 

Reg; February 12, 2021, Susp. 

......do ...................... Do. 

Shakopee, City of, Scott County ....... 270434 May 7, 1974, Emerg; September 29, 

1978, Reg; February 12, 2021, Susp. 

......do ...................... Do. 

Region VI 

Texas: 

Archer City, City of, Archer County ... 480698 April 30, 1976, Emerg; October 16, 1979, 

Reg; February 12, 2021, Susp. 

......do ...................... Do. 

Archer County, Unincorporated 

Areas.

481078 September 8, 1982, Emerg; January 6, 

1988, Reg; February 12, 2021, Susp. 

......do ...................... Do. 

Holliday, City of, Archer County ........ 480699 July 8, 1985, Emerg; November 1, 1989, 

Reg; February 12, 2021, Susp. 

......do ...................... Do. 

Jack County, Unincorporated Areas 480377 June 30, 1998, Emerg; February 11, 

2009, Reg; February 12, 2021, Susp. 

......do ...................... Do. 

Jacksboro, City of, Jack County ........ 480378 May 29, 1975, Emerg; January 15, 1988, 

Reg; February 12, 2021, Susp. 

......do ...................... Do. 

Lakeside City, City of, Archer and 

Wichita Counties.

481496 October 23, 1990, Emerg; April 1, 1991, 

Reg; February 12, 2021, Susp. 

......do ...................... Do. 

Scotland, City of, Archer County ....... 481280 June 9, 2010, Emerg; N/A, Reg; February 12, 2021, Susp. ......do ...................... Do. 

* do = Ditto. 

Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp.—Suspension. 

Katherine B. Fox, 

Assistant Administrator for Mitigation, 

Federal Insurance and Mitigation 

Administration—FEMA Resilience, 

Department of Homeland Security, Federal 

Emergency Management Agency. 

[FR Doc. 2021–02832 Filed 2–10–21; 8:45 am] 

BILLING CODE 9110–12–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 54 

[WC Docket No 13–184; FCC 20–178; FRS 

17362] 

Modernizing the E-Rate Program for 

Schools and Libraries 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule. 

SUMMARY: The Federal Communications 

Commission (Commission) amends ERate invoicing rules to enhance the 

efficient administration of the program 

while ensuring that program 

participants have sufficient time to 

complete the invoice payment process. 

DATES: Effective February 11, 2021. 

FOR FURTHER INFORMATION CONTACT: 

James Bachtell, Wireline Competition 

Bureau, 202–418–7400 or TTY: 202– 

418–0484. 

SUPPLEMENTARY INFORMATION: This is a 

synopsis of the Modernizing the E-Rate 

Program for Schools and Libraries 

(Order) in WC Docket No. 13–184; FCC 

20–178, adopted December 9, 2020 and 

released December 10, 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/FCC20-178A1.pdf. 

I. Introduction 

1. The efficient administration of the 

E-Rate program depends on providing 

program participants flexibility to 

procure needed services and equipment 

in a timely and cost-effective manner, 

while ensuring that safeguards are in 

place to administer the program 

effectively and protect against waste, 

fraud and abuse. Since the program’s 

inception, the Commission and the 

program’s administrator, the Universal 

Service Administrative Company 

(USAC), have continuously worked to 

achieve the appropriate balance in 

meeting these goals. This Order builds 

on those efforts by amending the 

invoicing rules to enhance the efficient 

administration of the program while 

ensuring that program participants have 

sufficient time to complete the invoice 

payment process. 

2. Specifically, the Commission 

permits applicants and service 

providers up to 120 days to submit 

invoices after USAC issues a Revised 

Funding Commitment Decision Letter 

approving a post-commitment request or 

granting an appeal of a previously 

denied or reduced funding request. In so 

doing, the Commission facilitates 

program participants’ ability to meet 

evolving needs—by changing service 

providers or submitting service 

substitutions, for example—without 

jeopardizing their ability to obtain 

reimbursement or necessitating a 

Commission waiver proceeding. 

Consistent with this change, the 

Commission grants relief to certain 

program participants that were excluded 

from an earlier invoicing relief order 

and provides a one-time waiver 

opportunity for program participants 

that were unable to timely submit an 

invoice because they were awaiting a 

post-commitment decision. 

3. In taking these actions, the 

Commission promotes the goals of the 

E-Rate program by ensuring that its 


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