12554 Federal Register / Vol. 86, No. 41 / Thursday, March 4, 2021 / Proposed Rules 

1 In 2003, the City of Louisville and Jefferson 

County governments merged and the ‘‘Jefferson 

The Proposed Amendment 

In consideration of the foregoing, the 

Federal Aviation Administration 

proposes to amend 14 CFR part 73 as 

follows: 

PART 73—SPECIAL USE AIRSPACE 

■ 1. The authority citation for part 73 

continues to read as follows: 

Authority: 49 U.S.C. 106(f), 106(g); 40103, 

40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 

1959–1963 Comp., p. 389. 

§ 73.70 Wyoming [Amended] 

■ 2. § 73.70 is amended as follows: 

* * * * * 

R–7001C Guernsey, WY [Amended] 

Boundaries: Beginning at lat. 42°27′30′′ N, 

long. 104°52′32′′ W; to lat. 42°27′30′′ N, long. 

104°42′32′′ W; to lat. 42°22′30′′ N, long. 

104°42′32′′ W; to lat. 42°20′00′′ N, long. 

104°52′32′′ W; to the point of beginning. 

Designated altitudes: 23,501 feet MSL to 

30,000 feet MSL. 

Time of designation: Intermittent, 24 hours 

in advance by NOTAM. 

Controlling agency: FAA, Denver ARTCC. 

Using agency: Adjutant General, State of 

Wyoming. 

R–7001D Guernsey, WY [New] 

Boundaries: Beginning at lat. 42°27′30′′ N, 

long. 104°52′32′′ W; to lat. 42°27′30′′ N, long. 

104°42′32′′ W; to lat. 42°22′30′′ N, long. 

104°42′32′′ W; to lat. 42°20′00′′ N, long. 

104°52′32′′ W; to the point of beginning. 

Designated Altitudes: 30,001 feet MSL to 

45,000 feet MSL. 

Time of Designation: By NOTAM, at least 

24 hours in advance. 

Controlling Agency: FAA, Denver ARTCC. 

Using Agency: Adjutant General, State of 

Wyoming. 

R–7002A Guernsey, WY [New] 

Boundaries: Beginning at lat. 42°27′55′′ N, 

long. 104°52′33′′ W; to lat. 42°27′55′′ N, long. 

104°51′46′′ W; to lat. 42°28′21′′ N, long. 

104°51′45′′ W; to lat. 42°28′21′′ N, long. 

104°48′46′′ W; to lat. 42°27′56′′ N, long. 

104°48′46′′ W; to lat. 42°27′55′′ N, long. 

104°47′28′′ W; to lat. 42°27′30′′ N, long. 

104°46′43′′ W; to lat. 42°27′30′′ N, long. 

104°52′32′′ W; to the point of beginning. 

Designated Altitudes: Surface to 23,500 

feet MSL. 

Time of Designation: By NOTAM, at least 

24 hours in advance. 

Controlling Agency: FAA, Denver ARTCC. 

Using Agency: Adjutant General, State of 

Wyoming. 

R–7002B Guernsey, WY [New] 

Boundaries: Beginning at lat. 42°22′24′′ N, 

long. 104°42′54′′ W; to lat. 42°21′41′′ N, long. 

104°42′52′′ W; to lat. 42°21′11′′ N, long. 

04°43′17′′ W; to lat. 42°21′12′′ N, long. 

104°47′16′′ W; to lat. 42°21′19′′ N, long. 

104°47′16′′ W; to the point of beginning. 

Designated Altitudes: Surface to 23,500 

feet MSL. 

Time of Designation: By NOTAM, at least 

24 hours in advance. 

Controlling Agency: FAA, Denver ARTCC. 

Using Agency: Adjutant General, State of 

Wyoming. 

R–7002C Guernsey, WY [New] 

Boundaries: Beginning at lat. 42°27′03′′ N; 

long. 104°53′54′′ W; to lat. 42°27′03′′ N; long. 

104°52′32′′ W; to lat. 42°20′00′′ N; long. 

104°52′32′′ W; to lat. 42°20′18′′ N; long. 

104°51′19′′ W; to lat. 42°19′42′′ N; long. 

104°51′17′′ W; to lat. 42°19′43′′ N; long. 

104°53′03′′ W; to lat. 42°20′49′′ N; long. 

104°54′38′′ W; to lat. 42°22′43′′ N; long. 

104°54′38′′ W; to lat. 42°22′48′′ N; long. 

104°53′22′′ W; to lat. 42°23′39′′ N; long. 

104°53′23′′ W; to lat. 42°23′40′′ N; long. 

104°53′58′′ W; to the point of beginning; 

excluding that airspace 500 feet AGL and 

below 1⁄4 mile either side of the BNSF 

railroad. 

Designated Altitudes: Surface to 23,500 

feet MSL. 

Time of Designation: By NOTAM, at least 

24 hours in advance. 

Controlling Agency: FAA, Denver ARTCC. 

Using Agency: Adjutant General, State of 

Wyoming. 

* * * * * 

Issued in Washington, DC, on January 11, 

2021. 

George Gonzalez, 

Acting Manager, Rules and Regulations 

Group. 

[FR Doc. 2021–00748 Filed 3–3–21; 8:45 am] 

BILLING CODE 4910–13–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2020–0500; FRL–10018– 

04–-Region 4] 

Air Plan Approval; KY; Removal of 

Asbestos Requirements From 

Jefferson County Regulations 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to correct the 

erroneous incorporation of asbestos 

National Emission Standards for 

Hazardous Air Pollutants (NESHAP) 

requirements into the Jefferson County 

portion of the Kentucky State 

Implementation Plan (SIP). The 

continued presence of the asbestos 

requirements in the Jefferson County 

portion of the Kentucky SIP is 

inappropriate and potentially confusing 

and thus problematic for affected 

sources, the Commonwealth, local 

agencies, and EPA. EPA is proposing to 

remove the asbestos requirements 

because these requirements are not 

related to the attainment and 

maintenance of the national ambient air 

quality standards (NAAQS) and are 

therefore unrelated to the Clean Air Act 

(CAA or ‘‘Act’’) requirements for SIPs. 

DATES: Comments must be received on 

or before April 5, 2021. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R04– 

OAR–2020–0500 at 

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Once submitted, comments cannot be 

edited or removed from Regulations.gov. 

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, the full 

EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

www2.epa.gov/dockets/commentingepa-dockets. 

FOR FURTHER INFORMATION CONTACT: Brad 

Akers, Air Regulatory Management 

Section, Air Planning and 

Implementation Branch, Air and 

Radiation Division, U.S. Environmental 

Protection Agency, Region 4, 61 Forsyth 

Street SW, Atlanta, Georgia 30303–8960. 

The telephone number is (404) 562– 

9089. Mr. Akers can also be reached via 

electronic mail at akers.brad@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

Section 110 of the CAA requires states 

to develop and submit to EPA a SIP to 

ensure that state air quality meets the 

NAAQS. These ambient air quality 

standards currently address six criteria 

pollutants: Carbon monoxide, nitrogen 

dioxide, ozone, lead, particulate matter, 

and sulfur dioxide. Each federallyapproved SIP protects air quality 

primarily by addressing air pollution at 

its point of origin through air pollution 

regulations and control strategies. EPAapproved SIP regulations and control 

strategies are federally enforceable. 

On October 23, 2001 (66 FR 53658), 

EPA approved revisions to the Jefferson 

County portion of the Kentucky SIP,1


jbell on DSKJLSW7X2PROD with PROPOSALS
Federal Register / Vol. 86, No. 41 / Thursday, March 4, 2021 / Proposed Rules 12555 

County Air Pollution Control District’’ was renamed 

the ‘‘Louisville Metro Air Pollution Control 

District.’’ See The History of Air Pollution Control 

in Louisville, available at https://louisvilleky.gov/ 

government/air-pollution-control-district/historyair-pollution-control-louisville. However, each of 

the regulations in the Jefferson County portion of 

the Kentucky SIP still has the subheading ‘‘Air 

Pollution Control District of Jefferson County.’’ 

Thus, to be consistent with the terminology used in 

the SIP, EPA refers throughout this notice to 

regulations contained in the Jefferson County 

portion of the Kentucky SIP as the ‘‘Jefferson 

County’’ regulations. 

2Section 110(k)(6) states that ‘‘Whenever the 

Administrator determines that the Administrator’s 

action approving, disapproving, or promulgating 

any plan or plan revision (or part thereof), area 

designation, redesignation, classification, or 

reclassification was in error, the Administrator may 

in the same manner as the approval, disapproval, 

or promulgation revise such action as appropriate 

without requiring any further submission from the 

State. Such determination and the basis thereof 

shall be provided to the State and public.’’ 

which included miscellaneous rule 

revisions and the recodification of Air 

Pollution Control District (APCD) of 

Jefferson County regulations. These 

revisions were submitted to EPA on 

May 21, 1999, by the Commonwealth of 

Kentucky on behalf of Jefferson County. 

Among these revisions were 

requirements for permitting the 

demolition and renovation of facilities 

with asbestos, in accordance with 40 

CFR part 61, subpart M, ‘‘National 

Emission Standard for Asbestos.’’ The 

asbestos requirements were adopted by 

Jefferson County in paragraphs 1.3, 5.3, 

and 5.6 of Regulation 2.03 ‘‘Permit 

Requirements, Non-Title V Construction 

and Operating Permits and Demolition/ 

Renovation Permits,’’ and this 

regulation was part of the recodified 

rules included in the May 21, 1999 

submittal. In the October 23, 2001, final 

rule, EPA inadvertently incorporated 

the asbestos requirements in Regulation 

2.03 ‘‘Permit Requirements, Non-Title V 

Construction and Operating Permits and 

Demolition/Renovation Permits’’ into 

the Jefferson County portion of the 

Kentucky SIP. The version of the rules 

incorporated into the SIP were effective 

in Jefferson County on December 15, 

1993. 

Section 110(k)(6) of the CAA provides 

EPA with the authority to make 

corrections to prior SIP actions that are 

subsequently found to be in error in the 

same manner as the prior action, and to 

do so without requiring any further 

submission from the State.2 While 

section 110(k)(6) provides EPA with the 

authority to correct its own ‘‘error,’’ 

nowhere does this provision or any 

other provision in the CAA define what 

qualifies as ‘‘error.’’ Thus, EPA believes 

that the term should be given its plain 

language, everyday meaning, which 

includes all unintentional, incorrect or 

wrong actions or mistakes. 

The May 21, 1999, submission 

contained changes to Regulation 2.03 

‘‘Permit Requirements, Non-Title V 

Construction and Operating Permits and 

Demolition/Renovation Permits’’ that 

contain asbestos requirements in 

paragraphs 1.3, 5.3 and 5.6. EPA’s 

October 23, 2001, approval of these 

requirements into the Jefferson County 

portion of the Kentucky SIP was in 

error. These paragraphs are appropriate 

for state and local agencies to adopt and 

implement, but it is not necessary or 

appropriate to incorporate them into the 

applicable SIP because asbestos 

requirements are not related to the 

attainment and maintenance of the 

NAAQS. EPA is therefore proposing to 

remove these paragraphs from the SIP. 

II. Incorporation by Reference 

In this document, EPA is proposing to 

amend regulatory text that includes 

incorporation by reference. Specifically, 

EPA is proposing to remove sections 

1.3, 5.3, and 5.6 (asbestos requirements) 

of Regulation 2.03 ‘‘Permit 

Requirements, Non-Title V Construction 

and Operating Permits and Demolition/ 

Renovation Permits’’ from the Jefferson 

County portion of the Kentucky SIP, 

which is incorporated by reference in 

accordance with requirements of 1 CFR 

51.5. The remainder of Regulation 2.03 

‘‘Permit Requirements, Non-Title V 

Construction and Operating Permits and 

Demolition/Renovation Permits’’ will 

remain incorporated in the Jefferson 

County portion of the Kentucky SIP. 

EPA has made, and will continue to 

make, these materials generally 

available through www.regulations.gov 

and at the EPA Region 4 office (please 

contact the person identified in the FOR

FURTHER INFORMATION CONTACT section of 

this preamble for more information). 

III. Proposed Action 

EPA is proposing to remove 

paragraphs 1.3, 5.3, and 5.6 of APCD 

Regulation 2.03 ‘‘Permit Requirements, 

Non-Title V Construction and Operating 

Permits and Demolition/Renovation 

Permits’’ from the Jefferson County 

portion of the SIP because they are not 

related to the attainment and 

maintenance of the NAAQS. 

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 

Act and applicable Federal regulations. 

See 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 CAA. This proposed action merely 

corrects errors in a previous rulemaking 

approving a SIP submission 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 those requirements would 

be inconsistent with the CAA; 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). 

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 as specified by Executive 

Order 13175 (65 FR 67249, November 9, 

2000), nor will it impose substantial 

direct costs on tribal governments or 

preempt tribal law. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Ozone, Particulate matter, Reporting 


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12556 Federal Register / Vol. 86, No. 41 / Thursday, March 4, 2021 / Proposed Rules 

and recordkeeping requirements and 

Volatile organic compounds. 

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

Dated: February 23, 2021. 

John Blevins, 

Acting Regional Administrator, Region 4. 

[FR Doc. 2021–04060 Filed 3–3–21; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Parts 1 and 73 

[AU Docket No. 21–39; DA 21–131; FR ID 

17492] 

Auction of AM and FM Broadcast 

Construction Permits Scheduled for 

July 27, 2021; Comment Sought on 

Competitive Bidding Procedures for 

Auction 109 

AGENCY: Federal Communications 

Commission. 

ACTION: Proposed rule; proposed auction 

procedures. 

SUMMARY: The Office of Economics and 

Analytics (OEA), in conjunction with 

the Media Bureau (MB), announces an 

auction of certain AM and FM broadcast 

construction permits. This document 

seeks comment on minimum opening 

bid amounts and the procedures to be 

used in Auction 109. 

DATES: Comments are due on or before 

March 15, 2021, and reply comments 

are due on or before March 22, 2021. 

Bidding in this auction is scheduled to 

begin July 27, 2021. 

ADDRESSES: Interested parties may file 

comments or reply comments in AU 

Docket No. 21–39. Comments may be 

filed using the Commission’s Electronic 

Comment Filing System (ECFS) or by 

filing paper copies. All filings in 

response to the Auction 109 Comment 

Public Notice must refer to AU Docket 

No. 21–39. The Commission strongly 

encourages interested parties to file 

comments electronically. 

• Electronic Filers: Comments may be 

filed electronically using the internet by 

accessing the ECFS at https://

www.fcc.gov/ecfs/. Follow the 

instructions for submitting comments. 

• Paper Filers: Parties who choose to 

file by paper must file an original and 

one copy of each filing. 

• Filings in response to the Auction 

109 Comment Public Notice can be sent 

by commercial courier or by the U.S. 

Postal Service. All filings must be 

addressed to the Commission’s 

Secretary, Office of the Secretary, 

Federal Communications Commission. 

• Commercial deliveries (other than 

U.S. Postal Service Express Mail and 

Priority Mail) must be sent to 9050 

Junction Dr., Annapolis Junction, MD 

20701. 

• U.S. Postal Service first-class, 

Express, or Priority mail must be 

addressed to 45 L Street NE, 

Washington, DC 20554. 

• Until further notice, the 

Commission no longer accepts any hand 

or messenger delivered filings. This is a 

temporary measure taken to help protect 

the health and safety of individuals and 

to mitigate the transmission of COVID– 

19. 

• Email: OMB and MB also request 

that a copy of all comments and reply 

comments be submitted electronically to 

the following address: auction109@

fcc.gov. 

FOR FURTHER INFORMATION CONTACT: 

Auction legal questions: Lynne Milne 

or Lyndsey Grunewald at 202–418– 

0660. 

General auction questions: Auctions 

Hotline at 717–338–2868. 

AM/FM service questions: James 

Bradshaw or Lisa Scanlan or Tom 

Nessinger at (202) 418–2700. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Auction 109 Comment 

Public Notice, AU Docket No. 21–39, 

DA 21–131, released on February 8, 

2021. The complete text of the Auction 

109 Comment Public Notice, including 

its attachment, is available on the 

Commission’s website at www.fcc.gov/ 

auction/109 or by using the search 

function for AU Docket No. 21–39 on 

the Commission’s ECFS web page at 

www.fcc.gov/ecfs. Alternative formats 

are available to persons with disabilities 

by sending an email to FCC504@fcc.gov 

or by calling the Consumer & 

Governmental Affairs Bureau at (202) 

418–0530 (voice), (202) 418–0432 

(TTY). 

I. Introduction 

1. By the Auction 109 Comment 

Public Notice, the Commission 

announces an auction of four AM 

construction permits and 136 FM 

construction permits, with bidding to 

start on July 27, 2021, and seeks 

comment on the procedures to be used 

to conduct Auction 109, as well as upon 

minimum opening bids for the permits. 

2. Auction 109 will offer all of the FM 

radio permits that were previously 

included in the inventory for Auction 

106, as well as six additional FM 

permits. Auction 106 was postponed on 

March 25, 2020, with no appointed date 

for resumption, due to the Covid–19 

pandemic. That auction is now 

canceled; applications submitted by 

entities seeking to participate in 

Auction 106 have been dismissed. All 

applicants wishing to participate in 

Auction 109, regardless of whether they 

may have previously filed a short-form 

application (FCC Form 175) for Auction 

106, will be required to file a new shortform application to participate in 

Auction 109. A window for filing shortform applications to participate in 

Auction 109 will be announced in a 

subsequent public notice in this 

proceeding. 

II. Construction Permits 

3. Auction 109 will offer four AM 

construction permits and 136 FM 

construction permits. Attachment A to 

the Auction 109 Comment Public Notice 

lists each permit to be offered. Under 

the policies established in the Broadcast 

Competitive Bidding Order, 63 FR 

48615, September 11, 1998, an applicant 

may apply for any AM construction 

permit or vacant FM allotment listed in 

Attachment A to the Auction 109 

Comment Public Notice. If two or more 

short-form applications (FCC Form 175) 

specify the same AM permit or FM 

allotment, they will be considered 

mutually exclusive, mutual exclusivity 

exists for auction purposes, and the 

construction permit will be awarded by 

competitive bidding procedures. Once 

mutual exclusivity exists for auction 

purposes, even if only one applicant is 

qualified to bid for a particular 

construction permit in Auction 109, that 

applicant is required to submit a bid in 

order to obtain the construction permit. 

4. AM Construction Permits. Auction 

109 will offer four construction permits 

in the AM broadcast service. 

Attachment A to the Auction 109 

Comment Public Notice lists the 

community of license, channel, class, 

and coordinates for each AM permit 

being offered. 

5. The construction permits to be 

auction are for four previously licensed 

AM stations, listed in Attachment A to 

the Auction 109 Comment Public 

Notice, the license renewals of which 

were dismissed with prejudice in a 

hearing before the Commission’s 

Administrative Law Judge and the call 

signs deleted. 

6. To facilitate the auction of the four 

AM permits, the four AM facilities will 

be treated as existing allotments, using 

the coordinates, AM station frequency 

and class, and community of license of 

the respective AM facility as listed in 

Attachment A to the Auction 109 

Comment Public Notice. The Media 

Bureau has protected these four AM 

stations by freezing the filing of any 

minor modification applications that 

would be mutually exclusive with the 


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