32848 Federal Register / Vol. 86, No. 118 / Wednesday, June 23, 2021 / Proposed Rules 

Orange, TX. Normally such actions are 

categorically excluded from further 

review under paragraph L60(a) of 

Appendix A, Table 1 of DHS Instruction 

Manual 023–01–001–01, Rev. 1. A 

preliminary Record of Environmental 

Consideration supporting this 

determination is available in the docket. 

For instructions on locating the docket, 

see the ADDRESSES section of this 

preamble. We seek any comments or 

information that may lead to the 

discovery of a significant environmental 

impact from this proposed rule. 

G. Protest Activities 

The Coast Guard respects the First 

Amendment rights of protesters. 

Protesters are asked to call or email the 

person listed in the FOR FURTHER

INFORMATION CONTACT section to 

coordinate protest activities so that your 

message can be received without 

jeopardizing the safety or security of 

people, places, or vessels. 

V. Public Participation and Request for 

Comments 

We view public participation as 

essential to effective rulemaking, and 

will consider all comments and material 

received during the comment period. 

Your comment can help shape the 

outcome of this rulemaking. If you 

submit a comment, please include the 

docket number for this rulemaking, 

indicate the specific section of this 

document to which each comment 

applies, and provide a reason for each 

suggestion or recommendation. 

We encourage you to submit 

comments through the Federal 

eRulemaking Portal at https://

www.regulations.gov. If your material 

cannot be submitted using https://

www.regulations.gov, call or email the 

person in the FOR FURTHER INFORMATION

CONTACT section of this document for 

alternate instructions. 

We accept anonymous comments. 

Comments we post to https://

www.regulations.gov will include any 

personal information you have 

provided. For more about privacy and 

submissions in response to this 

document, see DHS’s eRulemaking 

System of Records notice (85 FR 14226, 

March 11, 2020). 

Documents mentioned in this NPRM 

as being available in the docket, and 

public comments, will be in our online 

docket at https://www.regulations.gov 

and can be viewed by following that 

website’s instructions. We review all 

comments received, but we will only 

post comments that address the topic of 

the proposed rule. We may choose not 

to post off-topic, inappropriate, or 

duplicate comments that we receive. If 

you go to the online docket and sign up 

for email alerts, you will be notified 

when comments are posted or a final 

rule is published. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, 

Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard is proposing 

to amend 33 CFR part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREA AND LIMITED ACCESS AREAS 

■ 1. The authority citation for part 165 

continues to read as follows: 

Authority: 46 U.S.C. 70034, 70051; 33 CFR 

1.05–1, 6.04–1, 6.04–6, and 160.5; 

Department of Homeland Security Delegation 

No. 0170.1. 

■ 2. Add § 165.T08–0416 to read as 

follows: 

§ 165.T08–0416 Safety Zone; Sabine River, 

Orange, Texas. 

(a) Location. The following area is a 

safety zone: All navigable waters of the 

Sabine River, extending the entire width 

of the river, adjacent to the public boat 

ramp located in Orange, TX bounded to 

the north by the Orange Public Wharf 

and latitude 30°05′50′′ N and to the 

south at latitude 30°05′33′′ N. The 

duration of the safety zone is intended 

to protect participants, spectators, and 

other persons and vessels, in the 

navigable waters of the Sabine River 

during high-speed boat races and will 

include breaks and opportunity for 

vessels to transit through the regulated 

area. 

(b) Enforcement periods. This section 

will be enforced from 7:30 a.m. through 

6 p.m. daily on September 18, 2021 and 

September 19, 2021. 

(c) Regulations. (1) In accordance with 

the general regulations in § 165.23 of 

this part, entry of vessels or persons into 

this zone is prohibited unless 

authorized by the Captain of the Port 

Marine Safety Unit Port Arthur (COTP) 

or a designated representative. They 

may be contacted on VHF–FM channel 

13 or 16, or by phone at by telephone 

at 409–719–5070. 

(2) The COTP or a designated 

representative may forbid and control 

the movement of all vessels in the 

regulated area. When hailed or signaled 

by an official patrol vessel, a vessel shall 

come to an immediate stop and comply 

with the directions given. Failure to do 

so may result in expulsion from the 

area, citation for failure to comply, or 

both. 

(3) The COTP or a designated 

representative may terminate the event 

or the operation of any vessel at any 

time it is deemed necessary for the 

protection of life or property. 

(4) The COTP or a designated 

representative will terminate 

enforcement of the special local 

regulations at the conclusion of the 

event. 

(d) Informational broadcasts. The 

COTP or a designated representative 

will inform the public of the effective 

period for the safety zone as well as any 

changes in the dates and times of 

enforcement through Local Notice to 

Mariners (LNMs), Broadcast Notices to 

Mariners (BNMs), and/or Marine Safety 

Information Bulletins (MSIBs) as 

appropriate. 

Dated: June 8, 2021. 

Molly A. Wike, 

Captain, U.S. Coast Guard, Captain of the 

Port, Marine Safety Zone Port Arthur. 

[FR Doc. 2021–12870 Filed 6–22–21; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2021–0369; FRL–10024– 

69–Region 9] 

Air Plan Approval; Arizona; Maricopa 

County Air Quality Department 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve 

revisions to the Maricopa County Air 

Quality Department’s (MCAQD) Rule 

510 as part of the Arizona State 

Implementation Plan (SIP). These rule 

revisions concern revisions to the 

maximum levels of ambient air 

pollution for the protection of public 

health and welfare. We are proposing to 

approve this rule to regulate these 

emissions under the Clean Air Act (CAA 

or the Act). We are taking comments on 

this proposal and plan to follow with a 

final action. 

DATES: Comments must be received on 

or before July 23, 2021. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R09– 

OAR–2021–0369 at https://

www.regulations.gov. For comments 

submitted at Regulations.gov, follow the 

online instructions for submitting 

comments. Once submitted, comments 

cannot be edited or removed from 

Regulations.gov. The EPA may publish 


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Federal Register / Vol. 86, No. 118 / Wednesday, June 23, 2021 / Proposed Rules 32849 

1 74 FR 57612. 

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. The 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, please 

contact the person identified in the FOR

FURTHER INFORMATION CONTACT section. 

For the full EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

https://www.epa.gov/dockets/ 

commenting-epa-dockets. 

FOR FURTHER INFORMATION CONTACT: 

Jeffrey Buss, EPA Region IX, (415) 947– 

4152, buss.jeffrey@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, ‘‘we,’’ ‘‘us’’ 

and ‘‘our’’ refer to the EPA. 

Table of Contents 

I. The State’s Submittal 

A. What rules did the State submit? 

B. Are there other versions of these rules? 

C. What is the purpose of the submitted 

rule revisions? 

II. The EPA’s Evaluation and Proposed 

Action 

A. How is the EPA evaluating the rules? 

B. Do the rules meet the evaluation 

criteria? 

C. Public Comment and Proposed Action 

III. Incorporation by Reference 

IV. Statutory and Executive Order Reviews 

I. The State’s Submittal 

A. What rules did the State submit? 

Table 1 lists the rule addressed by this 

proposal with the date it was amended 

and submitted by the MCAQD. 

TABLE 1—SUBMITTED RULES

Local agency Rule No. Title Amended Submitted 

MCAQD ............. 510 Air Quality Standards ................................................................................... 12/11/2019 12/20/2019 

MCAQD’s December 20, 2019 SIP 

revision submittal became complete by 

operation of law on June 20, 2020. 

B. Are there other versions of these 

rules? 

We approved an earlier version of 

MCAQD Rule 510 into the SIP on 

November 9, 2009.1

C. What is the purpose of the submitted 

rule revisions? 

MCAQD Rule 510 articulates the 

maximum levels of ambient air 

pollutants for the protection of public 

health and welfare. The revisions to 

MCAQD Rule 510 update the standards 

by lowering them to match the current 

National Ambient Air Quality Standards 

set forth in 40 CFR part 50. MCAQD 

references the standards in Rule 510 in 

its air quality permitting rules. 

Additionally, the rule requires public 

notification of ambient air quality. The 

EPA’s technical support document 

(TSD) has more information about the 

rule. 

II. The EPA’s Evaluation and Proposed 

Action 

A. How is the EPA evaluating the rules? 

Rules in the SIP must be enforceable 

(see CAA section 110(a)(2)), must not 

interfere with applicable requirements 

concerning attainment and reasonable 

further progress (RFP) or other CAA 

requirements (see CAA section 110(l)), 

and must not modify certain SIP control 

requirements in nonattainment areas 

without ensuring equivalent or greater 

emissions reductions (see CAA section 

193). 

B. Do the rules meet the evaluation 

criteria? 

These rules are consistent with CAA 

requirements and relevant guidance 

regarding enforceability and SIP 

revisions. We propose approval of Rule 

510 because it is more stringent than the 

version currently in the SIP and will not 

interfere with any applicable 

requirement concerning attainment and 

RFP, as required by CAA sections 110(l) 

and 193. The TSD has more information 

on our evaluation. 

C. Public Comment and Proposed 

Action 

As authorized in section 110(k)(3) of 

the Act, the EPA proposes to fully 

approve the submitted rule because it 

fulfills all relevant requirements. We 

will accept comments from the public 

on this proposal until July 23, 2021. If 

we take final action to approve the 

submitted rules, our final action will 

incorporate the rule into the federally 

enforceable SIP. 

III. Incorporation by Reference 

In this rule, the EPA is proposing to 

include in a final EPA rule regulatory 

text that includes incorporation by 

reference. In accordance with 

requirements of 1 CFR 51.5, the EPA is 

proposing to incorporate by reference 

the MCAQD rule described in Table 1 of 

this preamble. The EPA has made, and 

will continue to make, these materials 

available through www.regulations.gov 

and at the EPA Region IX Office (please 

contact the person identified in the FOR

FURTHER INFORMATION CONTACT section of 

this preamble for more information). 

IV. Statutory and Executive Order 

Reviews 

Under the Clean Air Act, 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 Clean Air 

Act. Accordingly, this proposed action 

merely proposes to approve state 

regulations 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); 

• Is not an Executive Order 13771 (82 

FR 9339, February 2, 2017) regulatory 

action because SIP approvals are 

exempted 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 


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32850 Federal Register / Vol. 86, No. 118 / Wednesday, June 23, 2021 / Proposed Rules 

1The North Carolina portion of the Charlotte 

Maintenance Area for the 2008 ozone NAAQS is 

comprised of the following counties: Mecklenburg 

in its entirety and portions of Cabarrus, Gaston, 

Iredell, Lincoln, Rowan, and Union counties. See 

section II.B. for more detail. 

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 

disproportionate human health or 

environmental effects with practical, 

appropriate, 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 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). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur dioxide. 

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

Dated: June 10, 2021. 

Deborah Jordan, 

Acting Regional Administrator, Region IX. 

[FR Doc. 2021–12923 Filed 6–22–21; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2020–0515; FRL–10024– 

72–Region 4] 

Air Plan Approval; North Carolina; 

Revision to Approved Motor Vehicle 

Emissions Budgets 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve a 

revision to the North Carolina State 

Implementation Plan (SIP), submitted to 

EPA on July 16, 2020, by the State of 

North Carolina, through the North 

Carolina Department of Environment 

and Natural Resources, Division of Air 

Quality (NCDAQ) for the purpose of 

allocating a portion of the available 

2026 safety margin in the 2008 8-hour 

Ozone Maintenance Plan to the 2026 

nitrogen oxides (NOX) and volatile 

organic compounds (VOC) motor 

vehicle emissions budgets (‘‘MVEBs’’ or 

‘‘budgets’’) for the North Carolina 

portion of the Charlotte-Rock Hill, NCSC bi-state Area (hereinafter referred to 

as the ‘‘North Carolina portion of the 

Charlotte Maintenance Area’’) to 

account for uncertainty associated with 

the mobile emissions model and 

unanticipated growth in vehicle miles 

traveled for the North Carolina portion 

of the Charlotte Maintenance Area. This 

SIP revision also revises the 2026 

MVEBs which are used for 

transportation conformity. NCDAQ’s 

July 16, 2020 submission supplements 

the revised 2008 8-hour Ozone 

Maintenance Plan submitted by NCDAQ 

on July 25, 2018, and approved by EPA 

on September 11, 2019. EPA is 

proposing to approve North Carolina’s 

July 16, 2020 SIP revision and deem the 

MVEBs adequate for transportation 

conformity purposes because they meet 

all the statutory and regulatory 

requirements. 

DATES: Comments must be received on 

or before July 23, 2021. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R04– 

OAR–2020–0515 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: 

Dianna Myers, 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– 

9207. Ms. Myers can also be reached via 

electronic mail at myers.dianna@

epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. What action is EPA proposing? 

EPA is proposing to approve 

NCDAQ’s July 16, 2020, SIP revision to 

allocate a portion of the available safety 

margin to revise the 2026 NOX and VOC 

budgets for the North Carolina portion 

of Charlotte 2008 8-hour Ozone 

Maintenance Area 1 for transportation 

conformity purposes. NCDAQ requested 

approval of the July 16, 2020 SIP 

revision in order to account for 

unanticipated changes in the travel 

demand model, such as unanticipated 

growth in vehicle miles traveled, 

changes and uncertainty in vehicle mix 

assumptions, and uncertainty associated 

with mobile emissions modeling. 

If EPA finalizes this proposed 

approval, the revised 2026 budgets from 

NCDAQ’s July 16, 2020, SIP revision 

will replace the existing budgets in the 

State’s 2008 8-hour Ozone Maintenance 

Plan revision approved on September 

11, 2019. See 84 FR 47889. If approved, 

these newly revised 2026 budgets must 

be used in future transportation 

conformity analyses for the Area 

according to the transportation 

conformity rule. See 40 CFR 93.118. 

Therefore, the September 11, 2019, 

approved budgets would no longer be 

applicable for transportation conformity 

purposes. 

In the State’s submission, all 

emissions inventories (on-road, point, 

area, and nonroad) from NCDAQ’s 

September 11, 2019, SIP revision remain 

the same. The submission only allocates 

a portion of the available safety margin 

to the 2026 NOX and VOC MVEBs. 

Therefore, EPA is proposing to conclude 

that North Carolina’s July 16, 2020, SIP 

revision continues to demonstrate 


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