11310 Federal Register / Vol. 87, No. 40 / Tuesday, March 1, 2022 / Rules and Regulations 

FOR FURTHER INFORMATION CONTACT: 

George Abbott, 400 Maryland Avenue 

SW, Room 10089, Potomac Center Plaza, 

Washington, DC 20202. Telephone: 

(202) 245–8300. Email: George.Abbott@

ed.gov. 

If you use a telecommunications 

device for the deaf (TDD) or a text 

telephone (TTY), call the Federal Relay 

Service (FRS), toll free, at 1–800–877– 

8339. 

SUPPLEMENTARY INFORMATION: This 

document corrects an error in FR Doc. 

2021–20304 that published in the 

Federal Register on September 23, 2021 

(86 FR 52829). Due to a technical error, 

paragraph (b)(3) was not added to 34 

CFR 81.20. This technical amendment 

adds paragraph (b)(3) to § 81.20. 

Waiver of Proposed Rulemaking 

In accordance with the 

Administrative Procedure Act, 5 U.S.C. 

553, it is the Secretary’s practice to offer 

interested parties the opportunity to 

comment on proposed regulations. 

However, the regulatory changes in this 

document are necessary to correct an 

error and do not establish any new 

substantive rules. Therefore, the 

Secretary has determined that 

publication of a proposed rule is 

unnecessary under 5 U.S.C. 553(b)(B). 

Accessible Format: On request to the 

contact person listed under FOR FURTHER

INFORMATION CONTACT, individuals with 

disabilities can obtain this document in 

an accessible format. The Department 

will provide the requestor with an 

accessible format that may include Rich 

Text Format (RTF) or text format (txt), 

a thumb drive, an MP3 file, braille, large 

print, audiotape, or compact disc, or 

another accessible format. 

Electronic Access to This Document: 

The official version of this document is 

the document published in the Federal 

Register. You may access the official 

edition of the Federal Register and the 

Code of Federal Regulations at 

www.govinfo.gov. At this site you can 

view this document, as well as all other 

documents of this Department 

published in the Federal Register, in 

text or Portable Document Format 

(PDF). To use PDF, you must have 

Adobe Acrobat Reader, which is 

available free at the site. 

You may also access documents of the 

Department published in the Federal 

Register by using the article search 

feature at www.federalregister.gov. 

Specifically, through the advanced 

search feature at this site, you can limit 

your search to documents published by 

the Department. 

List of Subjects in 34 CFR Part 81 

Administrative practice and 

procedure, Grant programs—education. 

Denise L. Carter, 

Acting Assistant Secretary, Office of Finance 

and Operations. 

For the reasons set out in the 

preamble to FR Doc. 2021–20304, 

published in the Federal Register on 

September 23, 2021 (86 FR 52829), the 

Department of Education makes the 

following technical amendment to 34 

CFR part 81. 

PART 81—GENERAL EDUCATION 

PROVISIONS ACT—ENFORCEMENT 

■ 1. The authority citation for part 81 

continues to read as follows: 

Authority: 20 U.S.C. 1221e–3, 1234–1234i, 

and 3474(a), unless otherwise noted. 

■ 2. Amend § 81.20 by: 

■ a. Adding paragraph (b)(3); and 

■ b. Removing the parenthetical 

authority citation at the end of the 

section. 

The addition reads as follows: 

§ 81.20 Interlocutory appeals to the 

Secretary from rulings of an ALJ. 

* * * * * 

(b) * * * 

(3)(i) The petition must be filed 

electronically, and served upon the ALJ 

and other parties, by submission to OES 

on behalf of the Office of the Secretary 

unless a party shows the Secretary good 

cause why the petition cannot be filed 

electronically. 

(ii) If the Secretary permits a party to 

file a petition in paper format, the filing 

party must file the petition with the 

Office of Hearings and Appeals (OHA) 

on behalf of the Secretary by handdelivery or regular mail. The filing party 

must provide a copy of the petition to 

the ALJ at the time the petition is filed, 

and a copy of the petition must be 

served upon the other parties by handdelivery or regular mail. 

* * * * * 

[FR Doc. 2022–04201 Filed 2–28–22; 8:45 am] 

BILLING CODE 4000–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2020–0698; FRL–9215–02– 

R5] 

Air Plan Approval; Wisconsin; Serious 

Plan Elements for the Wisconsin 

Portion of Chicago Nonattainment 

Area for the 2008 Ozone Standard 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving a revision to 

the Wisconsin State Implementation 

Plan (SIP) to meet the volatile organic 

compound (VOC) and nitrogen oxides 

(NOX) reasonably available control 

technology (RACT), clean-fuel vehicle 

programs (CFVP), and the enhanced 

monitoring of ozone and ozone 

precursors (EMP) requirements of the 

Clean Air Act (CAA). These 

requirements apply in the Wisconsin 

portion of the Chicago-Naperville, 

Illinois-Indiana-Wisconsin 

nonattainment area (Chicago area) for 

the 2008 ozone National Ambient Air 

Quality Standards (NAAQS or 

standards). EPA proposed to approve 

this action on December 7, 2021, and 

received no comments. 

DATES: This final rule is effective on 

March 31, 2022. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R05–OAR–2020–0698. All 

documents in the docket are listed on 

the www.regulations.gov website. 

Although listed in the index, some 

information is not publicly available, 

i.e., Confidential Business Information 

(CBI) or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available either through 

www.regulations.gov or at the 

Environmental Protection Agency, 

Region 5, Air and Radiation Division, 77 

West Jackson Boulevard, Chicago, 

Illinois 60604. This facility is open from 

8:30 a.m. to 4:30 p.m., Monday through 

Friday, excluding Federal holidays and 

facility closures due to COVID–19. We 

recommend that you telephone Michael 

Leslie, Environmental Engineer at (312) 

353–6680 before visiting the Region 5 

office. 

FOR FURTHER INFORMATION CONTACT: 

Michael Leslie, Environmental 


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Federal Register / Vol. 87, No. 40 / Tuesday, March 1, 2022 / Rules and Regulations 11311 

Engineer, Control Strategies Section, Air 

Programs Branch (AR–18J), 

Environmental Protection Agency, 

Region 5, 77 West Jackson Boulevard, 

Chicago, Illinois 60604, (312) 353–6680, 

leslie.michael@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

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

EPA. 

I. Background Information 

On December 7, 2021, EPA proposed 

to approve a revision to the Wisconsin 

SIP to meet the VOC and NOX RACT, 

CFVP, and the EMP requirements of the 

CAA in the Wisconsin portion of the 

Chicago-Naperville, Illinois-IndianaWisconsin nonattainment area for the 

2008 ozone NAAQS (86 FR 69207). An 

explanation of the CAA requirements, a 

detailed analysis of the revisions, and 

EPA’s reasons for proposing approval 

were provided in the notice of proposed 

rulemaking and will not be restated 

here. The public comment period for 

this proposed rule ended on January 6, 

2022. EPA received no comments on the 

proposal. 

II. Final Action 

EPA is approving revisions to 

Wisconsin’s SIP pursuant to section 110 

and part D of the CAA and EPA’s 

regulations, because Wisconsin’s 

December 1, 2020 nonattainment plan 

satisfies the serious requirements for the 

VOC and NOX RACT, the CFVP, and the 

EMP, in the Wisconsin portion of the 

Chicago serious nonattainment area for 

the 2008 ozone NAAQS. 

III. 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, 

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); 

• 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). 

In addition, the SIP is not approved 

to apply on any Indian reservation land 

or in any other area where EPA or an 

Indian tribe has demonstrated that a 

tribe has jurisdiction. In those areas of 

Indian country, the rule does not have 

tribal implications and will not impose 

substantial direct costs on tribal 

governments or preempt tribal law as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000). 

This action is subject to the 

Congressional Review Act, and EPA will 

submit a rule report to each House of 

the Congress and to the Comptroller 

General of the United States. 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 May 2, 2022. 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, 

Nitrogen dioxide, Ozone, Particulate 

matter, Volatile organic compounds. 

Dated: February 23, 2022. 

Debra Shore, 

Regional Administrator, Region 5. 

For the reasons stated in the 

preamble, EPA amends 40 CFR part 52 

as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

■ 2. Section 52.2585 is amended by 

adding paragraph (qq) to read as 

follows: 

§ 52.2585 Control Strategy: Ozone. 

* * * * * 

(qq) Serious Plan Elements. 

Approval—On December 1, 2020, 

Wisconsin submitted a revision to its 

State Implementation Plan to satisfy the 

meet the volatile organic compound 

(VOC) and nitrogen oxides (NOX) 

reasonably available control technology 

(RACT), Clean-fuel vehicle programs 

(CFVP), and the Enhanced monitoring of 

ozone and ozone precursors (EMP) 

requirements of the Clean Air Act (CAA) 

in the Wisconsin portion of the ChicagoNaperville, Illinois-Indiana-Wisconsin 

nonattainment area (Chicago area) for 

the 2008 ozone National Ambient Air 

Quality Standards (NAAQS or 

standards). These elements of the plan 

meet the requirements of section 110 

and part D of the CAA for the Wisconsin 

portion of the Chicago area, which 

serious nonattainment for the 2008 

ozone NAAQS. 

* * * * * 

[FR Doc. 2022–04197 Filed 2–28–22; 8:45 am] 

BILLING CODE 6560–50–P 


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