34154 Federal Register / Vol. 86, No. 122 / Tuesday, June 29, 2021 / Rules and Regulations 

Category CAS No. Special exemptions Effective 

date Sunset date 

Di-isobutyl phthalate (DIBP)—(1,2-Benzene-dicarboxylic acid, 1,2- 

bis-(2methylpropyl) ester) .................................................................. 84–69–5 § 716.21(a)(9) 7/29/21 9/27/21 

Ethylene dibromide ............................................................................... 106–93–4 § 716.21(a)(9) 7/29/21 9/27/21 

Formaldehyde ....................................................................................... 50–00–0 § 716.21(a)(9) 7/29/21 9/27/21 

1,3,4,6,7,8-Hexahydro-4,6,6,7,8,8-hexamethylcyclopenta [g]-2- 

benzopyran (HHCB) .......................................................................... 1222–05–5 § 716.21(a)(9) 7/29/21 9/27/21 

4,4′-(1-Methylethylidene)bis[2, 6-dibromophenol] (TBBPA) .................. 79–94–7 § 716.21(a)(9) 7/29/21 9/27/21 

Phosphoric acid, triphenyl ester (TPP) ................................................. 115–86–6 § 716.21(a)(9) 7/29/21 9/27/21 

Phthalic anhydride ................................................................................. 85–44–9 § 716.21(a)(9) 7/29/21 9/27/21 

1,1,2-Trichloroethane ............................................................................ 79–00–5 § 716.21(a)(9) 7/29/21 9/27/21 

Tris(2-chloroethyl) phosphate (TCEP) .................................................. 115–96–8 § 716.21(a)(9) 7/29/21 9/27/21 

* * * * * * * 

Organohalogen flame retardants: 

Bis(2-ethylhexyl) tetrabromophthalate .................................................. 26040–51–7 § 716.21(a)(10) 7/29/21 9/27/21 

Bis(hexachlorocyclopentadieno)cyclooctane ........................................ 13560–89–9 § 716.21(a)(10) 7/29/21 9/27/21 

1,2-Bis(2,4,6-tribromophenoxy)ethane .................................................. 37853–59–1 § 716.21(a)(10) 7/29/21 9/27/21

1,1′-Ethane-1,2-diylbis(pentabromobenzene) ....................................... 84852–53–9 § 716.21(a)(10) 7/29/21 9/27/21 

2-Ethylhexyl-2,3,4,5-tetrabromobenzoate ............................................. 183658–27–7 § 716.21(a)(10) 7/29/21 9/27/21 

2-(2-Hydroxyethoxy)ethyl 2-hydroxypropyl 3,4,5,6- 

tetrabromophthalate ........................................................................... 20566–35–2 § 716.21(a)(10) 7/29/21 9/27/21 

2,2′-[(1-Methylethylidene)bis[(2,6-dibromo-4,1-phenylene)oxymethylene]]bis[oxirane] ...................................................... 3072–84–2 § 716.21(a)(10) 7/29/21 9/27/21 

Mixture of chlorinated linear alkanes C14–17 with 45–52% chlorine .. 85535–85–9 § 716.21(a)(10) 7/29/21 9/27/21 

N,N-Ethylene-bis(tetrabromophthalimide) ............................................. 32588–76–4 § 716.21(a)(10) 7/29/21 9/27/21 

Pentabromochlorocyclohexane ............................................................. 87–84–3 § 716.21(a)(10) 7/29/21 9/27/21 

(Pentabromophenyl)methyl acrylate ..................................................... 59447–55–1 § 716.21(a)(10) 7/29/21 9/27/21

Pentabromotoluene ............................................................................... 87–83–2 § 716.21(a)(10) 7/29/21 9/27/21 

Perbromo-1,4-diphenoxybenzene ......................................................... 58965–66–5 § 716.21(a)(10) 7/29/21 9/27/21

Phosphonic acid, (2-chloroethyl)-, bis(2-chloroethyl) ester .................. 6294–34–4 § 716.21(a)(10) 7/29/21 9/27/21 

Phosphoric acid, 2,2-bis(chloromethyl)-1,3-propanediyl tetrakis(2- 

chloroethyl) ester ............................................................................... 38051–10–4 § 716.21(a)(10) 7/29/21 9/27/21 

Propanoic acid, 2-bromo-, methyl ester ................................................ 5445–17–0 § 716.21(a)(10) 7/29/21 9/27/21 

Tetrabromobisphenol A-bis(2,3-dibromopropyl ether) .......................... 21850–44–2 § 716.21(a)(10) 7/29/21 9/27/21 

Tetrabromobisphenol A bis(2-hydroxyethyl) ether ................................ 4162–45–2 § 716.21(a)(10) 7/29/21 9/27/21 

Tetrabromobisphenol A diallyl ether ..................................................... 25327–89–3 § 716.21(a)(10) 7/29/21 9/27/21 

Tetrabromobisphenol A dimethyl ether ................................................. 37853–61–5 § 716.21(a)(10) 7/29/21 9/27/21 

2,4,6-Tribromoaniline ............................................................................ 147–82–0 § 716.21(a)(10) 7/29/21 9/27/21 

1,3,5-Tribromo-2-(prop-2-en-1-yloxy)benzene ...................................... 3278–89–5 § 716.21(a)(10) 7/29/21 9/27/21 

Tris(2-chloroethyl)phosphite .................................................................. 140–08–9 § 716.21(a)(10) 7/29/21 9/27/21 

Tris(1-chloro-2-propyl)phosphate .......................................................... 13674–84–5 § 716.21(a)(10) 7/29/21 9/27/21 

Tris(2-chloro-1-propyl)phosphate .......................................................... 6145–73–9 § 716.21(a)(10) 7/29/21 9/27/21 

Tris(2,3-dibromopropyl)phosphate ........................................................ 126–72–7 § 716.21(a)(10) 7/29/21 9/27/21

1,3,5-Tris(2,3-dibromopropyl)-1,3,5-triazine-2,4,6(1H,3H,5H)-trione .... 52434–90–9 § 716.21(a)(10) 7/29/21 9/27/21 

Tris(1,3-dichloro-2-propyl)phosphate .................................................... 13674–87–8 § 716.21(a)(10) 7/29/21 9/27/21 

Tris(tribromoneopentyl)phosphate ........................................................ 19186–97–1 § 716.21(a)(10) 7/29/21 9/27/21 

2,4,6-Tris-(2,4,6-tribromophenoxy)-1,3,5-triazine .................................. 25713–60–4 § 716.21(a)(10) 7/29/21 9/27/21 

[FR Doc. 2021–13212 Filed 6–28–21; 8:45 am] 

BILLING CODE 6560–50–P 

COUNCIL ON ENVIRONMENTAL 

QUALITY 

40 CFR Part 1507 

[CEQ–2021–0001] 

RIN 0331–AA08 

Deadline for Agencies To Propose 

Updates to National Environmental 

Policy Act Procedures 

AGENCY: Council on Environmental 

Quality. 

ACTION: Interim final rule; request for 

comments. 

SUMMARY: The Council on 

Environmental Quality (CEQ) is 

extending the deadline by two years for 

Federal agencies to develop or revise 

proposed procedures for implementing 

the procedural provisions of the 

National Environmental Policy Act 

(NEPA). 

DATES: 

Effective date: This interim rule is 

effective June 29, 2021. 

Comments due date: CEQ must 

receive comments on this interim rule 

by July 29, 2021. 

ADDRESSES: You may submit comments 

through any of the following methods: 

D Federal eRulemaking Portal: https:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

D Fax: 202–456–6546. 

D Mail: Council on Environmental 

Quality, 730 Jackson Place NW, 

Washington, DC 20503. 

Instructions: All submissions must 

include the agency name, ‘‘Council on 

Environmental Quality,’’ and docket 

number, CEQ–2021–0001, for this 

rulemaking. All comments received will 

be posted without change to https://

www.regulations.gov, including any 

personal information provided. Do not 

submit electronically any information 

you consider to be private, Confidential 

Business Information (CBI), or other 

information whose disclosure is 

restricted by statute. 

D Docket: For access to the docket to 

read background documents or 

comments received, go to https://

www.regulations.gov. 


lotter on DSK11XQN23PROD with RULES1
Federal Register / Vol. 86, No. 122 / Tuesday, June 29, 2021 / Rules and Regulations 34155 

1 35 FR 4247 (Mar. 7, 1970), sec. 3(h). 

2 42 FR 26967 (May 25, 1977), sec. 2(g). 

3Regulations for Implementing the Procedural 

Provisions of the National Environmental Policy 

Act, 43 FR 55978 (Nov. 23, 1978). 

4 44 FR 873 (Jan. 3, 1979). 

5 51 FR 15618 (Apr. 25, 1986) (amending 40 CFR 

1502.22). 

6 85 FR 43304 (July 16, 2020). 

7CEQ, Memorandum for Heads of Federal 

Departments and Agencies, Implementation of 

Updated National Environmental Policy Act 

Regulations (July 16, 2020), https://ceq.doe.gov/ 

docs/laws-regulations/memo-implementationupdated-regs-2020-07-16-withdrawn.pdf; Budget 

and Management Guidance on Updates to the 

Regulations Implementing the Procedural 

Provisions of the National Environmental Policy 

Act, M–21–01 (Nov. 2, 2020), https://

www.whitehouse.gov/wp-content/uploads/2020/11/ 

M-21-01.pdf. 

8 86 FR 7037 (Jan. 25, 2021). 

9White House Fact Sheet: List of Agency Actions 

for Review (Jan. 20, 2021), https://

www.whitehouse.gov/briefing-room/statementsreleases/2021/01/20/fact-sheet-list-of-agencyactions-for-review/. 

10 86 FR 7619, 7622 (Feb. 1, 2021). 

11 Id. § 213(a). 

FOR FURTHER INFORMATION CONTACT: 

Amy B. Coyle, Deputy General Counsel, 

202–395–5750, Amy.B.Coyle@

ceq.eop.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

The National Environmental Policy 

Act of 1969, 42 U.S.C. 4321 et seq., 

(NEPA) directs Federal agencies to ‘‘use 

all practicable means and measures . . . 

to create and maintain conditions under 

which man and nature can exist in 

productive harmony, and fulfill the 

social, economic, and other 

requirements of present and future 

generations of Americans.’’ 42 U.S.C. 

4331(a). In pursuit of that directive, 

NEPA requires Federal agencies to 

prepare an environmental impact 

statement for ‘‘major Federal actions 

significantly affecting the quality of the 

human environment.’’ 42 U.S.C. 

4332(2)(C). NEPA also established the 

Council on Environmental Quality 

(CEQ) in the Executive Office of the 

President, 42 U.S.C. 4342, which 

oversees Federal agency implementation 

of NEPA. 

In 1970, President Nixon issued E.O. 

11514, Protection and Enhancement of 

Environmental Quality, which directed 

CEQ to issue guidelines for 

implementation of NEPA.1 In 1977, 

President Carter issued E.O. 11991, 

Relating to Protection and Enhancement 

of Environmental Quality, directing CEQ 

to issue regulations to govern 

implementation of NEPA and requiring 

that Federal agencies comply with those 

regulations.2 CEQ promulgated 

implementing regulations in 1978 at 40 

CFR parts 1500 through 1508 (‘‘1978 

Rule’’).3 Consistent with the 

requirement in 40 CFR 1507.3, Federal 

agencies, in turn, issued their own 

implementing procedures to 

supplement the 1978 Rule and integrate 

the NEPA process into the agencies’ 

specific programs and processes. CEQ 

made technical amendments to the 1978 

Rule in 1979 4 and promulgated minor 

amendments to it in 1986,5 but left the 

regulations largely unchanged for over 

forty years. As a result, an extensive 

body of agency practice and caselaw 

developed based on the 1978 Rule. 

On July 16, 2020, CEQ issued a final 

rule substantially revising the NEPA 

implementing regulations (‘‘2020 

Rule’’).6 As amended, 40 CFR 1507.3(b) 

requires Federal agencies to propose 

their own regulations to implement the 

2020 Rule by September 14, 2021. CEQ 

issued a Memorandum to the Federal 

agencies on July 16, 2020, and the Office 

of Management and Budget (OMB) 

issued a Memorandum to the Federal 

agencies on November 2, 2020, 

establishing deadlines for Federal 

agencies to implement the September 

14, 2021 deadline.7

On January 20, 2021, President Biden 

signed E.O. 13990, Protecting Public 

Health and the Environment and 

Restoring Science to Tackle the Climate 

Crisis, to empower America’s workers, 

combat climate change, address 

environmental justice, and improve and 

protect public health and the 

environment.8 In accomplishing these 

goals, E.O. 13990 directs Federal 

agencies to ensure the integrity of their 

decision-making processes and make 

sound decisions based on science. E.O. 

13990 directs Federal agencies to review 

Federal agency actions taken between 

January 20, 2017, and January 20, 2021, 

including the promulgation of 

regulations, for consistency with those 

priorities and to take appropriate action, 

including publishing for notice and 

comment a proposed rule suspending, 

revising, or rescinding actions found to 

be inconsistent with them. An 

accompanying White House Fact Sheet 

specifically identifies the 2020 Rule as 

among the actions to be reviewed.9 On 

January 27, 2021, the President signed 

E.O. 14008, Tackling the Climate Crisis 

at Home and Abroad, which establishes 

a government-wide approach to 

reducing climate pollution and 

establishes an Administration policy to 

increase climate resilience, transition to 

a clean-energy economy and support 

economic opportunities in energy 

communities, address environmental 

justice issues and invest in 

disadvantaged communities, and spur 

well-paying union jobs and economic 

growth.10 E.O. 14008 also requires the 

Chair of CEQ and the Director of OMB 

to ensure that Federal infrastructure 

investments reduce climate pollution 

and that Federal permitting decisions 

consider the effects of greenhouse gas 

emissions and climate change.11

CEQ is engaged in an ongoing and 

comprehensive review of the 2020 Rule 

for consistency with the nation’s 

environmental, equity, and economic 

priorities; to evaluate the process CEQ 

used in developing the 2020 Rule; and 

to consider whether the 2020 Rule 

properly and lawfully interprets and 

implements NEPA. In conducting its 

review, CEQ will assess how to amend 

its NEPA regulations to deliver an 

efficient environmental review process 

that ensures robust public participation 

and environmental protection. 

II. Summary of Final Rule 

CEQ has begun its review of the 2020 

Rule and has substantial concerns about 

the legality of the 2020 Rule, the process 

that produced it, and whether the 2020 

Rule meets the nation’s needs and 

priorities, including the priorities set 

forth in E.O. 13990 and E.O. 14008. 

These concerns include that some of the 

changes made to the NEPA regulations 

create confusion with respect to NEPA 

implementation, break from 

longstanding caselaw interpreting 

NEPA’s statutory requirements, and may 

have the purpose or effect of improperly 

limiting relevant NEPA analysis, with 

negative repercussions in critical areas 

such as climate change and 

environmental justice that are 

inconsistent with the mandates of E.O. 

13990 and E.O. 14008. CEQ plans to 

address these issues through further 

rulemaking, as described below. 

Notwithstanding CEQ’s ongoing review, 

the severity of CEQ’s concerns, and the 

likelihood that CEQ will propose 

significant amendments to the 2020 

Rule, 40 CFR 1507.3(b) currently 

requires Federal agencies to propose 

revisions to agency-specific NEPA 

regulations within 12 months of 

September 14, 2020—by September 14, 

2021. Through this interim final rule, 

CEQ revises § 1507.3(b) to change 12 

months to 36 months, providing Federal 

agencies an additional two years, until 

September 14, 2023, to propose 

revisions to their NEPA procedures. 

Federal agencies have raised concerns to 

CEQ about developing revised 

procedures consistent with the 2020 

Rule given its inconsistency with E.O. 

13990 and E.O. 14008 and CEQ’s 

ongoing review, which could result in 


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34156 Federal Register / Vol. 86, No. 122 / Tuesday, June 29, 2021 / Rules and Regulations 

additional changes to CEQ’s NEPA 

regulations that would need to be 

reflected in agency procedures. This 

additional period of time will address 

these concerns and allow Federal 

agencies to avoid wasting resources 

developing procedures based upon 

regulations that CEQ may repeal or 

substantially amend. 

Following this rulemaking, CEQ will 

initiate further rulemaking to propose 

amendments to the 2020 Rule to revise 

the NEPA implementing regulations to 

comply with the statute’s text and goals; 

provide regulatory certainty to 

stakeholders; promote better decision 

making consistent with NEPA’s 

statutory requirements; ensure 

appropriate coordination among Federal 

agencies, and State, Tribal, and local 

governments during the environmental 

review process; and meet 

environmental, climate change, and 

environmental justice objectives. 

Extending the deadline in § 1507.3(b) 

without first seeking comment is 

appropriate for two reasons. First, this 

amendment is a rule ‘‘of agency 

organization, procedure, or practice’’ 

exempted from the Administrative 

Procedure Act’s (APA’s) notice and 

comment rulemaking procedures and 

the requirement that substantive rules 

be published in the Federal Register 

thirty days before the effective date. See 

5 U.S.C. 553(b)(A), (d). Such procedural 

rules ‘‘are ‘primarily directed toward 

improving the efficient and effective 

operations of an agency, not toward a 

determination of the rights [or] interests 

of affected parties.’ ’’ Mendoza v. Perez, 

754 F.3d 1002, 1023 (D.C. Cir. 2014) 

(quoting Batterton v. Marshall, 648 F.2d 

694, 702 n. 34 (D.C.Cir.1980)). In 

addressing rules of agency organization, 

procedure, or practice, ‘‘Congress 

intended . . . to distinguish between 

rules affecting different subject 

matters—the rights or interests of 

regulated parties, and agencies’ internal 

operations.’’ Air Transp. Ass’n of Am. v. 

Dep’t of Transp., 900 F.2d 369, 378 

(D.C. Cir. 1990), vacated, 498 U.S. 1077, 

111 S. Ct. 944, 112 L. Ed. 2d 1033 

(1991), and vacated, 933 F.2d 1043 (D.C. 

Cir. 1991) (internal quotations and 

citations omitted). Providing Federal 

agencies with additional time to prepare 

and propose their own NEPA 

implementing regulations does not 

‘‘encode[] a substantive value 

judgment,’’ Public Citizen v. Dep’t of 

State, 276 F3.3d 634, 641 (D.C. Cir. 

2002) (quoting JEM Broadcasting Co. v. 

FCC, 22 F3d. 320, 327–28 (D.C. Cir. 

1994), but rather merely avoids the 

wasted resources that could occur by 

requiring Federal agencies to propose 

revisions to their regulations before CEQ 

has completed its review. See also, e.g., 

Elec. Priv. Info. Center v. U.S. Dep’t of 

Homeland Sec., 653 F.3d 1, 5–6 (D.C. 

Cir. 2011); Aulenback, Inc. v Fed. 

Highway Admin., 103 F.3d 156, 169 

(D.C. Cir. 1997). 

The purely procedural character of 

extending the time provided by 

§ 1507.3(b) is reinforced by the fact that 

this provision only sets forth the 

deadline for Federal agencies to propose 

procedural revisions, rather than to 

finalize those revisions, and therefore 

has no substantive effect. Because 

§ 1507.3(b) merely establishes an 

internal government deadline for 

Federal agencies to propose revisions to 

that agency’s internal NEPA procedures, 

CEQ has determined that amending that 

deadline fits within the category of 

procedural rules exempted from noticeand-comment rulemaking. CEQ 

nonetheless invites comments on this 

determination. 

Second, even if extending the 

deadline in 40 CFR 1507.3(b) is not an 

exempted procedural rule, CEQ has 

good cause to issue an interim final rule. 

The APA authorizes agencies to issue 

regulations without notice and public 

comment when an agency finds, for 

good cause, that notice and comment is 

‘‘impracticable, unnecessary, or contrary 

to the public interest,’’ 5 U.S.C. 

553(b)(B), and to make the rule effective 

immediately for good cause. 5 U.S.C. 

553(d)(3). As discussed, 40 CFR 

1507.3(b) requires agencies to submit 

proposals to implement the 2020 Rule 

within 12 months of September 14, 

2020, and section 1507.3(b)(1) requires 

Federal agencies to consult with CEQ 

while developing proposals. To meet 

that deadline, agencies must therefore 

budget and devote funds and other 

resources for the revision of procedures 

in an expedited manner. CEQ also 

would have to expend its limited 

resources reviewing Federal agencies’ 

proposed implementing procedures 

before CEQ completes its review of the 

2020 Rule and adopts any amendments. 

Prior to President Biden issuing E.O. 

13990 and E.O. 14008, which initiated 

CEQ’s comprehensive review of the 

2020 Rule, only the U.S. Department of 

Transportation (DOT) had published 

proposed procedures in the Federal 

Register for public comment after 

consulting with CEQ as required by 40 

CFR 1507.3(b)(1). CEQ estimates that at 

least 85 more agencies must comply 

with the deadline established by 40 CFR 

1507.3(b). 

It is impracticable to amend the 

deadline in 40 CFR 1507.3(b) through an 

ordinary notice and comment process 

because there is not enough time to 

conduct an adequate public comment 

process and complete the rulemaking 

before the September 14, 2021, deadline 

and, even if CEQ could finalize 

amendment of this provision before 

September 14, 2021, Federal agencies 

would already have devoted significant 

resources to preparing their revised 

procedures. Given the extensive changes 

made to the NEPA regulations in the 

2020 Rule, the proposed revisions to 

agency NEPA procedures called for in 

40 CFR 1507.3 may be substantial and 

require significant lead time for agencies 

to complete before September 14, 2021, 

underscoring the impracticability of 

proceeding through ordinary notice and 

comment. The development of agency 

NEPA procedures typically involves 

significant coordination internal to the 

agency, especially when large 

Departments have multiple agencies 

within them. Additionally, the 

consultation process with CEQ involves 

discussions both during the agencies’ 

development of their procedures as well 

as a formal review process where CEQ 

provides comments and agencies make 

additional revisions to their proposals 

before the agency issues them for public 

comment. As described above, only 

DOT published proposed procedures to 

satisfy the directive of 40 CFR 1507.3 

between the time that the 2020 Rule was 

promulgated on July 16, 2020 and 

January 20, 2021, when E.O. 13990 

directed CEQ to commence a review of 

the 2020 Rule, which evidences the 

significant investment of time and 

resources required for agencies to 

develop proposed implementing 

procedures. For this same reason, 

keeping the September 14, 2021, 

deadline without immediate action is 

contrary to the public interest because it 

would result in Federal agencies’ 

wasteful expenditure of their resources 

and personnel to develop proposed 

procedures to implement a rule that 

CEQ is reviewing and intends to revise. 

Finally, CEQ finds that it is 

unnecessary to accept comment before 

taking this action because extending the 

deadline for Federal agencies to propose 

implementing procedures will have no 

impact on the public. See, e.g., Mack 

Trucks, Inc. v. EPA, 682 F.3d 87, 94 

(D.C. Cir. 2012). Additionally, CEQ 

accepted public comment on this 12- 

month deadline before promulgating the 

2020 Rule, and the extension of the 

deadline involves similar issues (the 

need for time for agencies to update 

their procedures following changes to 

CEQ regulations). See, e.g., Priests for 

Life v. U.S. Dep’t of Health & Human 

Servs., 772 F.3d 229, 276 (D.C. Cir. 

2014), vacated and remanded sub nom. 

Zubik v. Burwell, 136 S. Ct. 1557 (2016). 


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12See Revocation of OMB Memorandum M–21– 

01, ‘‘Budget and Management Guidance on Updates 

to the Regulations Implementing the Procedural 

Provisions of the National Environmental Policy 

Act’’, M–21–23 (Apr. 26, 2021), https://

www.whitehouse.gov/wp-content/uploads/2021/04/ 

M-21-23.pdf. 

13 67 FR 53461 (Aug. 16, 2002). 

14 64 FR 43255 (Aug. 10, 1999). 

15 65 FR 67249 (Nov. 9, 2000). 

16 59 FR 7629 (Feb. 16, 1994). 

Furthermore, OMB, the agency with 

oversight responsibility on regulatory 

processes, also has reached the 

conclusion that requiring agencies to 

report on their progress towards the 

September 14, 2021 deadline would be 

inconsistent with the Administration’s 

policies.12

CEQ invites comment on this rule’s 

amendment of § 1507.3(b) to extend by 

2 years the period of time Federal 

agencies have to propose implementing 

procedures that conform with the 2020 

Rule, and CEQ’s bases for issuing this 

amendment as an interim final rule. 

CEQ will consider comments it receives 

and take further action, if appropriate. 

III. Rulemaking Analyses and Notices 

A. Regulatory Procedures 

Under the APA, an agency may waive 

notice and comment procedures if an 

action is an interpretative rule, a general 

statement of policy, or a rule of agency 

organization, procedure, or practice. See 

5 U.S.C. 553(b)(A). As discussed in 

section II, CEQ has determined that this 

rule is a rule of ‘‘agency organization, 

procedure, or practice’’ and, therefore, 

CEQ is not required to engage in a 

notice and comment rulemaking 

process. Furthermore, because the rule 

is a procedural rule, rather than a 

substantive rule, it may be made 

effective immediately upon publication. 

See 5 U.S.C. 553(d). 

B. E.O. 12866, Regulatory Planning and 

Review, and E.O. 13563, Improving 

Regulation and Regulatory Review 

E.O. 12866 provides that OIRA will 

review all significant rules. E.O. 13563 

reaffirms the principles of E.O. 12866, 

calling for improvements in the Federal 

Government’s regulatory system to 

promote predictability, reduce 

uncertainty, and use the best, most 

innovative, and least burdensome tools 

for achieving regulatory objectives. 

OMB determined that this final rule 

does not meet the requirements for a 

significant regulatory action under E.O. 

12866, as supplemented by E.O. 13563, 

and therefore it was not subject to 

review. 

C. Regulatory Flexibility Act and E.O. 

13272, Proper Consideration of Small 

Entities in Agency Rulemaking 

The Regulatory Flexibility Act, as 

amended, (RFA), 5 U.S.C. 601 et seq., 

and E.O. 13272 13 require agencies to 

assess the impacts of proposed and final 

rules on small entities. Under the RFA, 

small entities include small businesses, 

small organizations, and small 

governmental jurisdictions. An agency 

must prepare an Initial Regulatory 

Flexibility Analysis (IRFA) unless it 

determines and certifies that a proposed 

rule, if promulgated, would not have a 

significant economic impact on a 

substantial number of small entities. 5 

U.S.C. 605(b). This interim rule does not 

directly regulate small entities. Rather, 

the rule applies to Federal agencies and 

sets forth the process for their 

compliance with NEPA. Accordingly, 

CEQ hereby certifies that this interim 

final rule will not have a significant 

economic impact on a substantial 

number of small entities. 

D. National Environmental Policy Act 

Under the CEQ regulations, major 

Federal actions may include regulations. 

When CEQ issued regulations in 1978, 

it prepared a ‘‘special environmental 

assessment’’ for illustrative purposes 

pursuant to E.O. 11991. 43 FR 25230, 

25232 (June 9, 1978). The NPRM for the 

1978 Rule stated ‘‘the impacts of 

procedural regulations of this kind are 

not susceptible to detailed analysis 

beyond that set out in the assessment.’’ 

Id. Similarly, in 1986, although CEQ 

stated in the final rule that there were 

‘‘substantial legal questions as to 

whether entities within the Executive 

Office of the President are required to 

prepare environmental assessments,’’ it 

also prepared a special environmental 

assessment. 51 FR 15618, 15619 (Apr. 

25, 1986). The special environmental 

assessment issued in 1986 made a 

finding of no significant environmental 

impact, and there was no finding made 

for the assessment of the 1978 Rule. 

CEQ has similarly developed a special 

environmental assessment for this rule 

and made a finding of no significant 

impact, and included them in the 

docket for this rulemaking. 

E. E.O. 13132, Federalism 

E.O. 13132 requires agencies to 

develop an accountable process to 

ensure meaningful and timely input by 

State and local officials in the 

development of regulatory policies that 

have federalism implications.14 Policies 

that have federalism implications 

include regulations that have substantial 

direct effects on the States, on the 

relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government. CEQ does not 

anticipate that this interim final rule has 

federalism implications because it 

applies to Federal agencies, not States. 

F. E.O. 13175, Consultation and 

Coordination With Indian Tribal 

Governments 

E.O. 13175 requires agencies to have 

a process to ensure meaningful and 

timely input by Tribal officials in the 

development of policies that have Tribal 

implications.15 Such policies include 

regulations that have substantial direct 

effects on one or more Indian Tribes, on 

the relationship between the Federal 

Government and Indian Tribes, or on 

the distribution of power and 

responsibilities between the Federal 

Government and Indian Tribes. The 

Presidential Memorandum of January 

26, 2021 on Tribal Consultation and 

Strengthening Nation-to-Nation 

Relationships reaffirms the provisions of 

E.O. 13175 and directs Federal agencies 

to develop an action plan to implement 

E.O. 13175. CEQ adopted an Action 

Plan for Consultation and Coordination 

with Tribal Nations on April 26, 2021, 

to direct CEQ’s actions to identify 

policies with Tribal implications and 

ensure sustained and meaningful 

consultation. This interim final rule is 

not a regulatory policy that has Tribal 

implications because it merely extends 

the time by which Federal agencies have 

to propose updates to their NEPA 

implementing procedures. 

G. E.O. 12898, Federal Actions To 

Address Environmental Justice in 

Minority Populations and Low-Income 

Populations 

E.O. 12898 requires agencies to make 

achieving environmental justice part of 

their missions by identifying and 

addressing, as appropriate, 

disproportionately high and adverse 

human health or environmental effects 

of agency programs, policies, and 

activities, including rulemakings, on 

minority populations and low-income 

populations.16 This interim final rule 

would extend the deadline by which 

agencies have to submit proposals for 

changes to their NEPA procedures. 

Submitting a proposal for changes to the 

NEPA procedures does not change the 

manner in which Federal agencies 

implement NEPA; agencies would still 

need to subject those procedures to 

notice and comment and then issue 

final procedures. Therefore, submitting 

a proposal does not have adverse human 

health or environmental effects. CEQ 


lotter on DSK11XQN23PROD with RULES1
34158 Federal Register / Vol. 86, No. 122 / Tuesday, June 29, 2021 / Rules and Regulations 

17 66 FR 28355 (May 22, 2001). 

18 61 FR 4729 (Feb. 7, 1996). 

has determined, therefore, that this 

interim final rule would not cause 

disproportionately high and adverse 

human health or environmental effects 

on minority populations and lowincome populations. 

H. E.O. 13211, Actions Concerning 

Regulations That Significantly Affect 

Energy Supply, Distribution, or Use 

Agencies must prepare a Statement of 

Energy Effects for significant energy 

actions under E.O. 13211.17 This interim 

final rule is not a ‘‘significant energy 

action’’ because it is not likely to have 

a significant adverse effect on the 

supply, distribution, or use of energy. 

I. E.O. 12988, Civil Justice Reform 

Under section 3(a) of E.O. 12988,18

agencies must review their proposed 

regulations to eliminate drafting errors 

and ambiguities, draft them to minimize 

litigation, and provide a clear legal 

standard for affected conduct. Section 

3(b) provides a list of specific issues that 

agencies should consider when 

conducting the reviews required by 

section 3(a). CEQ has conducted this 

review and determined that this interim 

final rule complies with the 

requirements of E.O. 12988. 

J. Unfunded Mandate Reform Act 

Section 201 of the Unfunded 

Mandates Reform Act of 1995 (2 U.S.C. 

1531) requires Federal agencies to assess 

the effects of their regulatory actions on 

State, Tribal, and local governments, 

and the private sector to the extent that 

such regulations incorporate 

requirements specifically set forth in 

law. Before promulgating a rule that 

may result in the expenditure by a State, 

Tribal, or local government, in the 

aggregate, or by the private sector of 

$100 million, adjusted annually for 

inflation, in any 1 year, an agency must 

prepare a written statement that assesses 

the effects on State, Tribal, and local 

governments and the private sector. 2 

U.S.C. 1532. This interim final rule 

applies to Federal agencies and would 

not result in expenditures of $100 

million or more for State, Tribal, and 

local governments, in the aggregate, or 

the private sector in any 1 year. This 

action also does not impose any 

enforceable duty, contain any unfunded 

mandate, or otherwise have any effect 

on small governments subject to the 

requirements of 2 U.S.C. 1531–1538. 

K. Paperwork Reduction Act 

This interim final rule does not 

impose any new information collection 

burden that would require additional 

review or approval by OMB under the 

Paperwork Reduction Act, 44 U.S.C. 

3501 et seq. 

List of Subjects in 40 CFR Part 1507 

Administrative practice and 

procedure, Environmental impact 

statements, Environmental protection, 

Natural resources. 

Dated: June 22, 2021. 

Brenda Mallory, 

Chair. 

For the reasons stated in the 

preamble, the Council on 

Environmental Quality amends part 

1507 in title 40 of the Code of Federal 

Regulations to read as follows: 

PART 1507—AGENCY COMPLIANCE 

■ 1. The authority citation for part 1507 

continues to read as follows: 

Authority: 42 U.S.C. 4321–4347; 42 U.S.C. 

4371–4375; 42 U.S.C. 7609; E.O. 11514, 35 

FR 4247, 3 CFR, 1966–1970, Comp., p. 902, 

as amended by E.O. 11991, 42 FR 26967, 3 

CFR, 1977 Comp., p. 123; and E.O. 13807, 82 

FR 40463, 3 CFR, 2017, Comp., p. 369. 

■ 2. Amend § 1507.3 by revising the first 

sentence of paragraph (b) introductory 

text to read as follows: 

§ 1507.3 Agency NEPA procedures. 

* * * * * 

(b) No more than 36 months after 

September 14, 2020, or 9 months after 

the establishment of an agency, 

whichever comes later, each agency 

shall develop or revise, as necessary, 

proposed procedures to implement the 

regulations in this subchapter, including 

to eliminate any inconsistencies with 

the regulations in this subchapter. 

* * * 

* * * * * 

[FR Doc. 2021–13770 Filed 6–28–21; 8:45 am] 

BILLING CODE 3225–F1–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 73 

[MB Docket No. 21–127; RM–11894; DA 21– 

700; FR ID 34398] 

Television Broadcasting Services 

Schenectady, New York 

AGENCY: Federal Communications 

Commission (FCC). 

ACTION: Final rule. 

SUMMARY: On April 5, 2021, the Media 

Bureau, Video Division (Bureau) issued 

a Notice of Proposed Rulemaking 

(NPRM) in response to a petition for 

rulemaking filed by WRGB Licensee, 

LLC (Petitioner), the licensee of WRGB, 

channel 6 (CBS), Schenectady, New 

York, requesting the substitution of 

channel 35 for channel 6 at Schenectady 

in the DTV Table of Allotments. For the 

reasons set forth in the Report and 

Order referenced below, the Bureau 

amends FCC regulations to substitute 

channel 35 for channel 6 at 

Schenectady. 

DATES: Effective June 29, 2021. 

FOR FURTHER INFORMATION CONTACT: 

Joyce Bernstein, Media Bureau, at (202) 

418–1647 or Joyce.Bernstein@fcc.gov. 

SUPPLEMENTARY INFORMATION: This is a 

synopsis of the Commission’s Report 

and Order, MB Docket No. 21–127; RM– 

11894; DA 21–700, adopted and 

released on June 16, 2021. The full text 

of this document is available for 

download on the FCC’s website at 

https://docs.fcc.gov/public/ 

attachments/DA-21-700A1.pdf. 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). 

The proposed rule was published at 

86 FR 21681 on April 23, 2021. The 

Petitioner filed comments in support of 

the petition reaffirming its commitment 

to apply for channel 35. No other 

comments were filed. The Petitioner 

states that VHF channels have certain 

propagation characteristics which may 

cause reception issues for some viewers. 

In addition, WRGB has received 

numerous complaints from viewers 

unable to receive the Station’s over-theair signal, despite being able to receive 

signals from other stations. While the 

proposed channel 35 noise limited 

contour does not completely encompass 

the relevant channel 6 noise limited 

contour, WRGB is a CBS affiliate and 

there are three other CBS affiliated 

stations that serve some portion of the 

loss area. In addition, the Petitioner 

submitted an analysis, using the 

Commission’s TVStudy software 

analysis program, demonstrating that, 

after taking into account service 

provided by other CBS stations, all of 

the population located within WRGB’s 

original post-DTV transition channel 6 

noise limited contour will continue to 

receive CBS service, except for 30 

people, a number the Commission 

considers de minimis. As the Bureau 

explained in the NPRM, it used the 

technical parameters of WRGB’s original 

post-transition digital channel 6 facility 

(File No. BPCDT–20080307AAK) in 


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