Federal Register / Vol. 86, No. 129 / Friday, July 9, 2021 / Rules and Regulations 36227 

Ave. SW, LBJ, Room 6W208D, 

Washington, DC 20202–8240. 

Note: The Office of Information and 

Regulatory Affairs in OMB and the 

Department review all comments related 

to the information collection activities 

posted at www.regulations.gov. 

COLLECTION OF INFORMATION

Information collection 

activity 

Estimated 

number 

responses 

Hours per 

response 

Total 

estimated 

burden hours 

Estimated cost 

at an hourly 

rate of $90.22 

LEA Completion of Forms and Applications to SEA ....................................... 15,000 7.5 112,500 $10,150,000 

SEA ARP–HCY Plans ..................................................................................... 52 22 1,144 103,300 

Annualized Total ....................................................................................... 15,052 ........................ 113,644 10,253,300 

Intergovernmental Review 

The ARP–HCY program is not subject 

to Executive Order 12372 and the 

regulations in 34 CFR part 79. 

Accessible Format: On request to the 

program 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 other 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. 

Ian Rosenblum, 

Deputy Assistant Secretary for Policy and 

Programs, Delegated the Authority to Perform 

the Functions and Duties of the Assistant 

Secretary, Office of Elementary and 

Secondary Education. 

[FR Doc. 2021–14705 Filed 7–8–21; 8:45 am] 

BILLING CODE 4000–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2020–0543; FRL–10024– 

68–Region 9] 

Air Plan Approval; California; El 

Dorado County Air Quality 

Management District; South Coast Air 

Quality Management District 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking final action to 

approve revisions to the El Dorado 

County Air Quality Management District 

(EDCAQMD) and the South Coast Air 

Quality Management District 

(SCAQMD) portions of the California 

State Implementation Plan (SIP). These 

revisions concern emissions of volatile 

organic compounds (VOC) from 

architectural coatings and a rule that 

provides definitions for certain terms 

that are necessary for the 

implementation of local rules that 

regulate sources of air pollution. We are 

approving rules to regulate these 

emission sources under the Clean Air 

Act (CAA or the Act). 

DATES: This rule is effective August 9, 

2021. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–R09–OAR–2020–0543. All 

documents in the docket are listed on 

the https://www.regulations.gov 

website. Although listed in the index, 

some information is not publicly 

available, e.g., 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 through https://

www.regulations.gov, or please contact 

the person identified in the FOR FURTHER

INFORMATION CONTACT section for 

additional availability information. If 

you need assistance in a language other 

than English or if you are a person with 

disabilities who needs a reasonable 

accommodation at no cost to you, please 

contact the person identified in the FOR

FURTHER INFORMATION CONTACT section. 

FOR FURTHER INFORMATION CONTACT: 

Arnold Lazarus, EPA Region IX, 75 

Hawthorne St., San Francisco, CA 

94105. By phone: (415) 972–3024 or by 

email at Lazarus.Arnold@epa.gov. 

SUPPLEMENTARY INFORMATION: 

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

and ‘‘our’’ refer to the EPA. 

Table of Contents 

I. Proposed Action 

II. Public Comments and EPA Responses 

III. EPA Action 

IV. Incorporation by Reference 

V. Statutory and Executive Order Reviews 

I. Proposed Action 

On March 9, 2021 (86 FR 13514), the 

EPA proposed to approve the following 

rules into the California SIP. 

Local agency Rule # Rule title Revised/ 

amended Submitted 

EDCAQMD ................................ 215 Architectural Coatings .................................................................. 08/25/2020 09/21/2020 

SCAQMD .................................. 102 Definition of Terms ....................................................................... 01/10/2020 09/16/2020 


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36228 Federal Register / Vol. 86, No. 129 / Friday, July 9, 2021 / Rules and Regulations 

We proposed to approve these rules 

because we determined that they 

comply with the relevant CAA 

requirements. Our proposed action 

contains more information on the rules 

and our evaluation. 

II. Public Comments and EPA 

Responses 

The EPA’s proposed action provided 

a 30-day public comment period. We 

received three comments during the 

comment period and each one was 

supportive of the proposed action. 

III. EPA Action 

No comments were submitted that 

change our assessment of the rules as 

described in our proposed action. 

Therefore, as authorized in section 

110(k)(3) of the Act, the EPA is fully 

approving these rules into the California 

SIP. The August 25, 2020 version of 

Rule 215 and the January10, 2020 

version of Rule 102 will replace the 

previously approved versions of these 

rules in the SIP. 

IV. Incorporation by Reference 

In this rule, the EPA is finalizing 

regulatory text that includes 

incorporation by reference. In 

accordance with requirements of 1 CFR 

51.5, the EPA is finalizing the 

incorporation by reference of the 

EDCAPCD and the SCAQMD rules 

described in the amendments to 40 CFR 

part 52 set forth below. The EPA has 

made, and will continue to make, these 

documents 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). 

V. 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 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 Clean Air Act; 

and 

• Does not provide the 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 the 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). 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. The EPA will 

submit a report containing this action 

and other required information to the 

U.S. Senate, the U.S. House of 

Representatives, and the Comptroller 

General of the United States prior to 

publication of the rule in the Federal 

Register. A major rule cannot take effect 

until 60 days after it is published in the 

Federal Register. This action is not a 

‘‘major rule’’ as defined by 5 U.S.C. 

804(2). 

Under section 307(b)(1) of the Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by September 7, 

2021. 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, 

Ozone, Particulate matter, Reporting 

and recordkeeping requirements, 

Volatile organic compounds. 

Dated: June 30, 2021. 

Deborah Jordan, 

Acting Regional Administrator, Region IX. 

Part 52, chapter I, title 40 of the Code 

of Federal Regulations is amended 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. 

Subpart F—California 

■ 2. Section 52.220 is amended by 

adding paragraphs (c)(207)(i)(B)(6), 

(c)(345)(i)(A)(3), and (c)(556) and (557) 

to read as follows: 

§ 52.220 Identification of plan-in part. 

* * * * * 

(c) * * * 

(207) * * * 

(i) * * * 

(B) * * * 

(6) Previously approved on July 18, 

1996 in paragraph (c)(207)(i)(B)(3) of 

this section and now deleted with 

replacement in (c)(557)(i)(A)(1), Rule 

215, adopted on September 27, 1994. 

* * * * * 

(345) * * * 

(i) * * * 

(A) * * * 

(3) Previously approved on January 8, 

2007 in paragraph (c)(345)(i)(A)(1) of 

this section and now deleted with 


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Federal Register / Vol. 86, No. 129 / Friday, July 9, 2021 / Rules and Regulations 36229 

replacement in (c)(556)(i)(A)(1), Rule 

102, adopted on December 3, 2004. 

* * * * * 

(556) The following rule was 

submitted on September 16, 2020, by 

the Governor’s designee as an 

attachment to a letter dated September 

16, 2020. 

(i) Incorporation by reference. (A) 

South Coast Air Quality Management 

District. 

(1) Rule 102, ‘‘Definition of Terms,’’ 

adopted on January 10, 2020. 

(2) [Reserved] 

(B) [Reserved] 

(ii) [Reserved] 

(557) The following rule was 

submitted on September 21, 2020, by 

the Governor’s designee as an 

attachment to a letter dated September 

18, 2020. 

(i) Incorporation by reference. (A) El 

Dorado County Air Quality Management 

District. 

(1) Rule 215, ‘‘Architectural 

Coatings,’’ adopted on August 25, 2020. 

(2) [Reserved] 

(B) [Reserved] 

(ii) [Reserved] 

[FR Doc. 2021–14407 Filed 7–8–21; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

42 CFR Part 510 

[CMS–5529–F] 

RIN 0938–AU01 

Medicare Program: Comprehensive 

Care for Joint Replacement Model 

Three-Year Extension and Changes to 

Episode Definition and Pricing; 

Medicare and Medicaid Programs; 

Policies and Regulatory Revisions in 

Response to the COVID–19 Public 

Health Emergency 

Correction 

In rule document 2021–09097, 

appearing on pages 23496 through 

23576 in the issue of Monday, May 3, 

2021 make the following corrections. 

§ 510.400 [Amended] 

■ 1. On page 23574, in the second 

column, in paragraph (b)(4)(ii)(A), on 

the second line, ‘‘•80%’’ should read 

‘‘≥80%’’. 

■ 2. On the same page, in the same 

column, in the same paragraph, on the 

third line, ‘‘•300’’ should read ‘‘≥300’’. 

[FR Doc. C1–2021–09097 Filed 7–8–21; 8:45 am] 

BILLING CODE 0099–10–D 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Parts 204, 212, and 252 

[Docket DARS–2020–0007] 

RIN 0750–AK30 

Defense Federal Acquisition 

Regulation Supplement: Data 

Collection and Inventory for Services 

Contracts (DFARS Case 2018–D063) 

AGENCY: Defense Acquisition 

Regulations System, Department of 

Defense (DoD). 

ACTION: Final rule. 

SUMMARY: DoD is issuing a final rule 

amending the Defense Federal 

Acquisition Regulation Supplement to 

implement a section of the United States 

Code that requires the collection of data 

on certain DoD service contracts. 

DATES: Effective July 9, 2021. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Carrie Moore, telephone 571–372–6093. 

SUPPLEMENTARY INFORMATION: 

I. Background 

DoD published a proposed rule in the 

Federal Register at 85 FR 34569 on June 

5, 2020, to implement 10 U.S.C. 2330a, 

as amended by section 812 of the 

National Defense Authorization Act 

(NDAA) for Fiscal Year (FY) 2017 (Pub. 

L. 114–328), which requires DoD to 

establish a data collection system to 

provide certain management 

information with regard to an awarded 

contract or task order that is valued in 

excess of $3 million and is for the 

following service acquisition portfolio 

groups: Logistics management services, 

equipment-related services, knowledgebased services, or electronics and 

communications services. 

DoD published a prior proposed rule 

under DFARS Case 2012–D051 in the 

Federal Register at 79 FR 32522 on June 

5, 2014, to implement 10 U.S.C. 2330a 

(section 807 of the NDAA for FY 2008), 

which required DoD to establish a data 

collection system to provide certain data 

on the purchasing of services by DoD 

and to submit to Congress an annual 

inventory of services contracts awarded 

by or on behalf of DoD. The proposed 

rule for DFARS Case 2012–D051 

required contractors to enter the 

required data into a DoD-unique system, 

Enterprise Contractor Manpower 

Reporting Application (ECMRA). In 

response to public comments received 

in response to the proposed rule for 

DFARS Case 2012–D051, DoD made the 

following changes in the proposed rule 

for DFARS Case 2018–D063: 

• DoD has adopted the service 

contract reporting process used by other 

Federal agencies and no longer requires 

contractor reporting in ECMRA. This 

change enables DoD to use the Federal 

Procurement Data System (FPDS) to 

obtain a majority of the information 

required by 10 U.S.C. 2330a. FPDS does 

not provide data on the direct labor 

hours expended and dollar amounts 

invoiced for contracted services. 

Therefore, both the proposed and final 

rules require applicable contractors to 

enter the labor hours and dollar 

amounts in SAM, which is the process 

used by other Federal agencies, in 

accordance with Federal Acquisition 

Regulation (FAR) subpart 4.17. 

• To relieve burden and minimize 

impact for contractors and 

subcontractors, both the proposed and 

final rules require contractors to report 

the total number of hours worked (both 

contractor and subcontractor) under the 

contract for the entire fiscal year and 

does not require a breakdown of those 

hours by employee type or by 

subcontractor. The requirement to 

report subcontractor data is limited to 

first-tier subcontractors, consistent with 

the FAR requirement for service 

contract reporting. The proposed and 

final rules leave the process for 

collecting subcontractor data up to the 

discretion of each contractor; the rules 

do not prescribe a specific methodology 

that contractors must use to gather this 

data on applicable subcontracts, or 

prescribe a reporting requirement for 

subcontractors via the flow-down of the 

contract clause. 

• The estimated burdens for 

respondents and responses published in 

the proposed rule for DFARS Case 

2021–D051 have been updated to reflect 

the revised requirements of 10 U.S.C. 

2330a, as amended. 

The following is a summary of the 

public comments received in response 

to the proposed rule for DFARS Case 

2012–D051: 

A. Exemptions 

Comment: Several respondents 

recommended that the rule exempt 

certain areas including: Research and 

development projects; architect and 

engineering services; 

telecommunications and transmission 

and internet; and actions using criteria 

similar to the Service Contract Labor 

Standards exemptions in FAR 22.1003– 

4(d)(1). 

Response: The proposed rule for 

DFARS Case 2018–D063 implements 10 

U.S.C. 2330a, as amended by section 

812 of the NDAA for FY 2017, which 


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