Federal Register / Vol. 86, No. 117 / Tuesday, June 22, 2021 / Proposed Rules 32669 

INFORMATION CONTACT section of this 

preamble for more information). 

IX. 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. 

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 action 

merely proposes to approve 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); and 

• 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. 

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. The proposed 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). 

Executive Order 12898 (Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations, 59 FR 7629, 

February 16, 1994) directs federal 

agencies to identify and address 

‘‘disproportionately high and adverse 

human health or environmental effects’’ 

of their actions on minority populations 

and low-income populations to the 

greatest extent practicable and 

permitted by law. We are proposing to 

approve state rules as meeting the CAA 

standard for RACT, which EPA has 

defined as the lowest emission 

limitation that a particular source is 

capable of meeting by the application of 

control technology that is reasonably 

available considering technological and 

economic feasibility. Accordingly, we 

propose to determine that this rule, if 

finalized, will not have 

disproportionately high or adverse 

human health or environmental effects 

on minority or low-income populations. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Greenhouse gases, Incorporation by 

reference, Intergovernmental relations, 

Lead, Nitrogen dioxide, Ozone, 

Particulate matter, Reporting and 

recordkeeping requirements, Sulfur 

oxides, Volatile organic compounds. 

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

Dated: June 11, 2021. 

Debra H. Thomas, 

Acting Regional Administrator, Region 8. 

[FR Doc. 2021–12875 Filed 6–21–21; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Parts 2, 15, 25, 27 and 101 

[WT Docket No. 20–443, GN Docket No. 17– 

183; DA 21–649; FR ID 32905] 

Expanding Flexible Use of the 12.2– 

12.7 GHz Band 

AGENCY: Federal Communications 

Commission. 

ACTION: Proposed rule, extension of 

reply comment period. 

SUMMARY: In this document, the 

Commission grants the request by 

SpaceX Holdings, LLC, WorldVu 

Satellites Limited, Kepler 

Communications, Intelsat License LLC, 

and SES S.A., for an extension of the 

reply comment deadline for the 

proposed rule published in the Federal 

Register. 

DATES: The reply comment period for 

the proposed rule published April 16, 

2021, at 86 FR 20111, is extended. Reply 

comments should be received either on 

or before July 7, 2021. 

ADDRESSES: You may submit comments, 

identified by WT Docket No. 20–443 

and GN Docket No. 17–183, by any of 

the following methods: 

• Electronic Filers: Comments may be 

filed electronically using the internet by 

accessing the ECFS: https://

www.fcc.gov/ecfs. 

• Paper Filers: Parties who choose to 

file by paper must file an original and 

one copy of each filing. If more than one 

docket or rulemaking number appears in 

the caption of this proceeding, filers 

must submit two additional copies for 

each additional docket or rulemaking 

number. 

Filings can be sent by commercial 

overnight courier, or by first-class or 

overnight U.S. Postal Service mail. All 

filings must be addressed to the 

Commission’s Secretary, Office of the 

Secretary, Federal Communications 

Commission. 

• Commercial overnight mail (other 

than U.S. Postal Service Express Mail 

and Priority Mail) must be sent to 9050 

Junction Drive, Annapolis Junction, MD 

20701. 

• U.S. Postal Service first-class, 

Express, and Priority mail must be 

addressed to 45 L Street NE, 

Washington, DC 20554. 

• Effective March 19, 2020, and 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. 

• During the time the Commission’s 

building is closed to the general public 

and until further notice, if more than 

one docket or rulemaking number 

appears in the caption of a proceeding, 

paper filers need not submit two 

additional copies for each additional 

docket or rulemaking number; an 

original and one copy are sufficient. 

People with Disabilities: To request 

materials in accessible formats for 

people with disabilities (braille, large 

print, electronic files, audio format), 

send an email to fcc504@fcc.gov or call 

the Consumer & Governmental Affairs 

Bureau at 202–418–0530 (voice), 202– 

418–0432 (tty). 

FOR FURTHER INFORMATION CONTACT: 

Madelaine Maior of the Wireless 

Telecommunications Bureau, 

Broadband Division, at 202–418–1466 

or Madelaine.Maior@fcc.gov; or Simon 

Banyai of the Wireless 

Telecommunications Bureau, 

Broadband Division, at 202–418–1443 

or Simon.Banyai@fcc.gov. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Commission’s Order in 


lotter on DSK11XQN23PROD with PROPOSALS1
32670 Federal Register / Vol. 86, No. 117 / Tuesday, June 22, 2021 / Proposed Rules 

1See Expanding Flexible Use of the 12.2–12.7 

GHz Band, et al., WT Docket No. 20–443, Notice of 

Proposed Rulemaking, 36 FCC Rcd 606 (2021) 

(NPRM). The comment and reply comment 

deadlines were set at 30 and 60 days after 

publication in the Federal Register. Publication 

occurred on March 8, 2021, which made the 

original deadlines April 7, 2021, and May 7, 2021, 

respectively. See Federal Communications 

Commission, Expanding Flexible Use of the 12.2– 

12.7 GHz Band, 86 FR 13266 (Mar. 8, 2021). 

2See Motion of Computer & Communications 

Industry Association (CCIA), INCOMPAS, Open 

Technology Institute at New America, and Public 

Knowledge for Extension of Time, WT Docket No. 

20–443, et al., (filed Mar. 19, 2021). 

3See Expanding Flexible Use of the 12.2–12.7 

GHz Band, et al., WT Docket No. 20–443, et al., 

Order, DA 21–370 (WTB Mar. 29, 2021) (Extension 

Order) (extending deadlines for comments and 

reply comments to May 7, 2021, and June 7, 2021, 

respectively). 

4Extension Order at para. 3. 

5See Extension Order at n.6 (citing Letter from 

Ruth Pritchard-Kelly, Senior Advisor, ONEWEB, et 

al., to Marlene H. Dortch, Secretary, FCC, at 1 (Mar. 

23, 2021)); Expanding Flexible Use of the 12.2–12.7 

GHz Band, et al., WT Docket No. 20–443, et al., 

Order, DA 21–519 (WTB May. 4, 2021) (Further 

Extension Denial Order) (denying further extension 

requested by 12 GHz Alliance in Letter from Ruth 

Pritchard-Kelly, Senior Advisor, ONEWEB, et al., to 

Marlene H. Dortch, Secretary, FCC (Apr. 26, 2021)). 

6Motion of Space Exploration Holdings, LLC, 

WorldVu Satellites Limited, Kepler 

Communications, Intelsat License LLC, and SES 

S.A. (12 GHz Alliance) for Extension of Time, WT 

Docket No. 20–443, et al., (filed May 24, 2021) 

(Reply Extension Request). 

7Reply Extension Request at 3. 

8See Opposition of 5Gfor12GHz Coalition to 

Motion for Extension of Time to File Reply 

Comments, WT Docket No. 20–443, et al., (filed 

May 27, 2021) (5Gfor12GHz Coalition Opposition). 

The 5Gfor12GHz Coalition’s members include 

INCOMPAS, Public Knowledge, DISH Network, 

Computer & Communications Industry Association 

(CCIA), RS Access, Open Technology Institute at 

New America, Federated Wireless, AtLink, 

Cambridge Broadband Networks Group Ltd. 

(CBNG), Center for Education Innovations (CEI), 

Center for Rural Strategies, Etheric Networks, 

GeoLinks, Go Long Wireless, Granite 

Telecommunications, mmWave Tech, MVD 

Number 53 Partners, Resound Networks, Rise 

Broadband, Rural Wireless Association (RWA), Tel 

Net Worldwide, Tilson, VMware, WeLink, White 

Cloud Technologies, Xiber and X-Lab. 5Gfor12GHz 

Coalition Opposition at 1, n.1. Public Knowledge, 

Federated Wireless, MVD Number 53 Partners, and 

Center for Rural Strategies abstained from this 

opposition. Id. 

9See 5Gfor12GHz Coalition Opposition at 2 

(citing Amendment of Rules Governing UltraWideband Devices and Systems, Order Denying 

Extension of Time to File Comments and Reply 

Comment, 34 FCC Rcd. 7176, 7177 ¶ 3 (2019) 

(denying request to extend comment and reply 

deadlines in response to a petition for rulemaking) 

(Ultra-Wideband Extension Denial). 

10See 5Gfor12GHz Coalition Opposition at 4. 

11 47 CFR 1.46. 

12 In making this finding, the Commission gives 

no credit to the 12 GHz Alliance’s suggestion that 

the studies that RS Access and DISH submitted 

with their timely-filed comments were somehow 

‘‘belated submissions . . . to limit other interested 

parties’ ability to review and [reply].’’ Reply 

Extension Request at 3. See generally 5Gfor12GHz 

Coalition Opposition at 3, Letter from Trey 

Hanbury, Counsel to RS Access, LLC, to Marlene H. 

Dortch, Secretary, FCC, at 2 (‘‘The notion that 

timely receipt of a party’s initial comments in a 

Commission rulemaking proceeding precludes 

other parties’ meaningful participation in that 

proceeding defies logical explanation.’’) (Apr. 28, 

2021). 

13The Ultra-Wideband Extension Denial cited by 

the 5Gfor12GHz Coalition, see supra note 9, 

involved a decision declining to extend both the 

original comment and reply comment deadlines in 

response to a public notice for a petition for 

rulemaking—a step preliminary to initiation of a 

rulemaking proceeding. By comparison, the 

pleading cycle in the instant proceeding is in 

response to the NPRM, and the Bureau previously 

found a 30-day extension of the original comment 

deadline was justified in this case. 

WT Docket No. 20–443; DA 21–649, 

adopted and released on June 3, 2021. 

The full text of this document visit 

FCC’s website at https://docs.fcc.gov/ 

public/attachments/DA-21-649A1.pdf or 

via the FCC’s Electronic Comment 

Filing System (ECFS) website at http:// 

www.fcc.gov/ecfs. (Documents will be 

available electronically in ASCII, 

Microsoft Word, and/or Adobe Acrobat.) 

Alternative formats are available for 

people with disabilities (braille, large 

print, electronic files, audio format), by 

sending an email to fcc504@fcc.gov or 

calling the Commission’s Consumer and 

Governmental Affairs Bureau at (202) 

418–0530 (voice), (202) 418–0432 

(TTY). 

I. Background 

1. On January 15, 2021, the 

Commission released a Notice of 

Proposed Rulemaking (NPRM) seeking 

input on the feasibility of allowing 

flexible-use services in the 12.2–12.7 

GHz band (12 GHz band) while 

protecting incumbents from harmful 

interference.1 In response to a motion 

filed by CCIA, et al. for an extension of 

time to file comments and replies to the 

NPRM,2 the Bureau released an Order 

on March 29, 2021, allowing an 

additional 30 days to file comments and 

replies (Extension Order).3 The Bureau 

agreed with the parties that a 30-day 

extension was ‘‘warranted to provide 

commenters with additional time to 

prepare comments and reply comments 

that fully respond to the complex 

economic, engineering, and policy 

issues raised in the NPRM.’’ 4 The 

Bureau, however, declined two requests 

by SpaceX Holdings, LLC (‘‘SpaceX’’), 

WorldVu Satellites Limited 

(‘‘OneWeb’’), Kepler Communications, 

Intelsat License LLC, and SES S.A. (the 

‘‘12 GHz Alliance’’) to indefinitely 

suspend the initial comment deadline 

until RS Access, LLC (RS Access) 

provided certain technical analyses.5

2. On May 24, 2021, the 12 GHz 

Alliance filed the instant request for a 

30-day extension of the Reply Comment 

deadline of June 7, 2021.6 The 12 GHz 

Alliance seeks additional time to 

adequately review and respond to 

‘‘voluminous—nearly 300 pages in 

comments and exhibits between just [RS 

Access, LLC and DISH Network 

Corporation].’’ 7 In response, the 

5Gfor12GHz Coalition opposes the 

instant Reply Extension Request on 

various grounds.8 The 5Gfor12GHz 

Coalition argues that the complex and 

voluminous nature of the comments do 

not form the basis for an extension 

beyond the normal comment and reply 

schedule expected of routine technical 

proceedings that involve complex 

filings.9 Furthermore, the 5Gfor12GHz 

Coalition assert that the previously 

granted extension of the comment 

deadline by the Commission in this 

proceeding provided ample additional 

time for stakeholders to prepare and 

submit the necessary technical and 

economic analyses, and that any further 

delay will hamper 5G deployment in 

this band to U.S. consumers.10

3. The Commission grants the Reply 

Extension Request filed by the 12 GHz 

Alliance. As set forth in Section 1.46 of 

the Commission’s rules,11 the 

Commission does not routinely grant 

extensions of time for filing comments 

in rulemaking proceedings. 

Nevertheless, the Commission 

previously found good cause for 

granting a 30-day extension of the 

original comment period to provide 

commenters with additional time to 

prepare initial comments addressing the 

complex economic, engineering, and 

policy issues raised in the NPRM. The 

Commission now finds that a 30-day 

extension of the reply comment 

period—until July 7, 2021—is justified 

for the same reasons, in order to give 

parties ample time to respond to the 

complex economic, engineering, and 

policy issues raised in the initial 

comments to the NPRM.12 The 

Commission notes that the precedent for 

denying the Reply Extension Request 

cited by the 5Gfor12GHz Coalition is 

unpersuasive in this case.13

II. Ordering Clause 

4. Accordingly, it is ordered that, 

pursuant to section 4(i) of the 

Communications Act of 1934, as 

amended, 47 U.S.C. 154(i), and §§ 0.131, 

0.331, and 1.46 of the Commission’s 

rules, 47 CFR 0.131, 0.331, and 1.46, the 

Reply Extension Request filed by 

SpaceX Holdings, LLC, WorldVu 

Satellites Limited, Kepler 

Communications, Intelsat License LLC, 

and SES S.A., on May 24, 2021 IS 

GRANTED. 


lotter on DSK11XQN23PROD with PROPOSALS1
Federal Register / Vol. 86, No. 117 / Tuesday, June 22, 2021 / Proposed Rules 32671 

5. It is further ordered that the 

deadline to file reply comments in this 

proceeding is extended to July 7, 2021. 

Federal Communications Commission. 

Amy Brett, 

Acting Chief of Staff, Wireless 

Telecommunications Bureau. 

[FR Doc. 2021–12947 Filed 6–21–21; 8:45 am] 

BILLING CODE 6712–01–P 


lotter on DSK11XQN23PROD with PROPOSALS1