40784 Federal Register / Vol. 86, No. 143 / Thursday, July 29, 2021 / Rules and Regulations 

DATES: Effective date 0901 UTC, October 

7, 2021. The Director of the Federal 

Register approves this incorporation by 

reference action under 1 CFR part 51, 

subject to the annual revision of FAA 

Order 7400.11 and publication of 

conforming amendments. 

ADDRESSES: FAA Order 7400.11E, 

Airspace Designations and Reporting 

Points, and subsequent amendments can 

be viewed online at https://

www.faa.gov/air_traffic/publications/. 

For further information, you can contact 

the Rules and Regulations Group, 

Federal Aviation Administration, 800 

Independence Avenue SW, Washington, 

DC 20591; telephone: (202) 267–8783. 

The Order is also available for 

inspection at the National Archives and 

Records Administration (NARA). For 

information on the availability of FAA 

Order 7400.11E at NARA, email: 

fedreg.legal@nara.gov or go to https://

www.archives.gov/federal-register/cfr/ 

ibr-locations.html. 

FOR FURTHER INFORMATION CONTACT: 

Christopher McMullin, Rules and 

Regulations Group, Office of Policy, 

Federal Aviation Administration, 800 

Independence Avenue SW, Washington, 

DC 20591; telephone: (202) 267–8783. 

SUPPLEMENTARY INFORMATION: 

History 

The FAA published a notice of 

proposed rulemaking for Docket No. 

FAA–2020–0567 in the Federal Register 

(85 FR 38799; June 29, 2020), a 

supplemental NPRM (85 FR 60108; 

September 24, 2020) and a final rule (86 

FR 37235; July 15, 2021), amending 

Federal airways V–15, V–444, jet routes 

J–502, and J–511, and establishing an 

extension of two Canadian Area 

Navigation Q routes, Q–811, and Q–902. 

The modifications are necessary due to 

the decommissioning of the Burwash 

Non-Directional Beacon (NDB) in Yukon 

Territory, Canada, which provides 

navigation guidance for portions of the 

affected routes. Subsequent to the 

publication, it was determined that 

exclusionary language, ‘‘excluding the 

airspace within Canada’’ was included 

in The Rule section, but was not 

included in the legal descriptions for 

Q–902, and Q–811. This rule corrects 

that error by including ‘‘excluding the 

airspace within Canada’’ below the line 

containing IGSOM, CA in the Q–811 

legal description and below the line 

containing KOTZEBUE, AK (OTZ) in 

the Q–902 legal description. This is an 

editorial change only and does not alter 

the alignment of the route as shown on 

aeronautical charts, and does not affect 

the use of the route by aircraft. 

Canadian Area Navigation Routes are 

published in paragraph 2007 of FAA 

Order 7400.11E dated July 21, 2020, and 

effective September 15, 2020, which is 

incorporated by reference in 14 CFR 

71.1. The Canadian Area Navigation 

Routes listed in this document will be 

subsequently published in the Order. 

Availability and Summary of 

Documents for Incorporation by 

Reference 

This document amends FAA Order 

7400.11E, Airspace Designations and 

Reporting Points, dated July 21, 2020, 

and effective September 15, 2020. FAA 

Order 7400.11E is publicly available as 

listed in the ADDRESSES section of this 

document. FAA Order 7400.11E lists 

Class A, B, C, D, and E airspace areas, 

air traffic service routes, and reporting 

points. 

Correction to Final Rule 

The description of Canadian Area 

Navigation Routes Q–811 and Q–902, as 

published on page 37237, in the Federal 

Register (86 FR 37235; July 15, 2021), 

FR Doc. 2021–14978, is corrected as 

follows: 

§ 71.1 [Corrected] 

1. On page 37237, Table Q–811 

DILLINGHAM, AK TO IGSOM [NEW]’’ 

is corrected by adding the following 

entry to the end of the table: ‘‘Excluding 

the airspace within Canada.’’ 

2. On the same page, Table Q–902 

SEATTLE, WA TO KOTZEBUE, AK 

[NEW]’’ is corrected by adding the 

following entry to the end of the table: 

‘‘Excluding the airspace within 

Canada.’’ 

Issued in Washington, DC, on July 23, 

2021. 

George Gonzalez, 

Acting Manager, Rules and Regulations 

Group. 

[FR Doc. 2021–16020 Filed 7–28–21; 8:45 am] 

BILLING CODE 4910–13–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–HQ–OAR–2019–0611; FRL–7505–03– 

OAR] 

RIN 2060–AU54 

Implementation of the Revoked 1997 

8-Hour Ozone National Ambient Air 

Quality Standards; Areas That Attained 

by the Attainment Date 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is codifying its findings 

that nine areas in four states attained the 

revoked 1997 8-hour ozone National 

Ambient Air Quality Standards (herein 

referred to as the revoked 1997 ozone 

NAAQS) by the applicable attainment 

dates. This rule finalizes EPA’s 

proposed determination that the 

following areas timely attained the 

standards: The Buffalo-Niagara Falls 

area, and the Jefferson County, 

Poughkeepsie and Jamestown areas in 

the State of New York; the Shoreline 

Sheboygan County and Inland 

Sheboygan County areas in Wisconsin; 

the Denver-Boulder-Greeley-Ft. CollinsLoveland area in Colorado and the San 

Francisco Bay and Ventura County areas 

in California. 

DATES: This final rule is effective August 

30, 2021. 

ADDRESSES: The EPA established Docket 

ID No. EPA–HQ–OAR–2019–0611 for 

this action. All documents in the docket 

are listed in the http://

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 either 

electronically in the docket or in hard 

copy at the EPA Docket Center Reading 

Room, WJC West Building, Room 3334, 

1301 Constitution Avenue NW, 

Washington, DC 20004. Out of an 

abundance of caution for members of 

the public and our staff, the EPA Docket 

Center and Reading Room are closed to 

the public, with limited exceptions, to 

reduce the risk of transmitting COVID– 

19. Our Docket Center staff will 

continue to provide remote customer 

service via email, phone, and webform. 

For further information on EPA Docket 

Center services and the current status, 

please visit us online at https://

www.epa.gov/dockets. The hours of 

operation at the EPA Docket Center 

Reading Room are 8:30 a.m.–4:30 p.m., 

Monday–Friday. The telephone number 

for the EPA Docket Center is (202) 566– 

1744. 

FOR FURTHER INFORMATION CONTACT: For 

further general information on this final 

rule, contact Ms. Virginia Raps, Air 

Quality Policy Division, Office of Air 

Quality Planning and Standards, U.S. 

Environmental Protection Agency, Mail 

Code: C539–01, Research Triangle Park, 

NC 27711, telephone (919) 541–4383; 


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Federal Register / Vol. 86, No. 143 / Thursday, July 29, 2021 / Rules and Regulations 40785 

1See ‘‘Updates to 40 CFR part 52 for Areas that 

Attained by the Attainment Date,’’ proposal [85 FR 

64089, October 9, 2020] and direct final rule [85 FR 

64046, October 9, 2020]. 

2See ‘‘National Ambient Air Quality Standards 

for Ozone’’ [73 FR 16435, 16437, Mar. 27, 2008], 

section I.C. Available on the U.S. GPO website at 

https://www.govinfo.gov/content/pkg/FR-2008-03- 

27/pdf/E8-5645.pdf. 

3The Denver-Boulder-Greeley-Ft. CollinsLoveland, CO, area is identified as Denver Metro/ 

North Front Range, CO, (DMNFR) in 40 CFR part 

81 for the 2015 8-hour ozone NAAQS [77 FR 28424, 

28426, May 14, 2012]. See also, ‘‘Air Quality 

Designations and Classifications for the [1997] 8- 

Hour Ozone NAAQS; Early Action Compact Areas 

With Deferred Effective Dates’’ [69 FR 23858, Apr. 

30, 2004]. Available on the U.S. GPO website at 

https://www.govinfo.gov/content/pkg/FR-2004-04- 

30/pdf/04-9152.pdf. 

fax number: (919) 541–5315; email 

address: raps.virginia@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Background 

II. Response to Comments 

III. Final Action 

IV. Environmental Justice Considerations 

V. Statutory and Executive Order Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review and Executive 

Order 13563: Improving Regulation and 

Regulatory Review 

B. Paperwork Reduction Act (PRA) 

C. Regulatory Flexibility Act (RFA) 

D. Unfunded Mandates Reform Act 

(UMRA) 

E. Executive Order 13132: Federalism 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

and Safety Risks 

H. Executive Order 13211: Actions That 

Significantly Affect Energy Supply, 

Distribution, or Use 

I. National Technology Transfer and 

Advancement Act (NTTAA) 

J. Executive Order 12898: Federal Actions 

to Address Environmental Justice in 

Minority Populations and Low-Income 

Populations 

K. Congressional Review Act (CRA) 

L. Judicial Review 

I. Background 

In February 2019, the EPA sent letters 

to the state air agencies of New York, 

Wisconsin, Colorado and California 

affirming that a total of nine areas 

within these states attained the revoked 

1997 ozone NAAQS by the applicable 

attainment dates. On October 9, 2020,1

the EPA concurrently published a 

proposal and a direct final rule to codify 

the findings effective on January 7, 

2021. Because an adverse comment was 

received prior to the end of the 

comment period, a notice to withdraw 

the direct final rule was published in 

the Federal Register and became 

effective on December 9, 2020. 

Consequently, the EPA is now acting on 

the proposal by publishing this final 

rule. Entities potentially affected 

directly by this final action include the 

public seeking information on the air 

quality status of the areas codified by 

this final rule, and state air agencies 

with jurisdiction over areas found to 

have attained by the attainment date. 

Further, these areas are, therefore, not 

subject to anti-backsliding consequences 

for failure to timely attain the standards. 

II. Response to Comments 

The EPA received an anonymous 

comment on the proposal suggesting 

that the attainment year 2007–2009 

design value (DV) for Denver-BoulderGreeley-Ft. Collins-Loveland, Colorado, 

(herein referred to as the Denver area) 

was incorrect. Instead of 0.078 parts per 

million (ppm), as given in Table 1 of the 

direct final rule and in the supporting 

letter to the Colorado Department of 

Public Health and Environment 

(CDPHE) from Region 8 dated February 

8, 2019, the commenter suggested the 

DV for that time period was actually 

0.082 ppm, citing the data provided on 

the EPA website at https://

www.epa.gov/air-trends/air-qualitydesign-values. The EPA investigated the 

information in the comment letter and 

found that the EPA incorrectly assigned 

the Denver area an attainment year DV 

of 0.078 ppm where, according to 

monitoring data for 2007–2009, the 

correct DV for the Denver area was 

0.082 ppm. As a result of its 

investigation, the EPA Region 8 office 

issued a letter dated November 13, 2020, 

correcting the 2007–2009 DV for the 

Denver area and notifying Mr. Garry 

Kaufman, Director, CDPHE, of the 

correction to the DV with the assurance 

that the correction will be formalized 

through a final rule published in the 

Federal Register. The correction 

changing the 2007–2009 DV for the 

Denver area from 0.078 ppm to 0.082 

ppm is made in Table 1 in this final 

rule. The EPA notes that the revoked 

1997 ozone NAAQS, effective on 

September 16, 1997 [62 FR 38855, July 

18, 1997], was established at 0.08 ppm, 

which means that an area’s attaining DV 

may in effect be as high as 0.084 ppm 

using the standard rounding convention 

to three decimal places.2 Therefore, the 

correct 2007–2009 DV of 0.082 ppm 

shows that the Denver area timely 

attained the revoked 1997 ozone 

NAAQS. 

The proposal received three other 

comments. One was complimentary to 

the EPA’s proposal suggesting it was a 

good idea to show the states’ success in 

attaining the revoked 1997 ozone 

NAAQS. The remaining two comments 

were beyond the scope of this action. 

III. Final Action 

On October 9, 2020, the EPA issued 

a proposal to codify in 40 CFR part 52 

its findings that nine areas factually 

attained the revoked 1997 ozone 

NAAQS by the applicable attainment 

dates. This rule provides the EPA’s 

response to comments on the proposal 

and finalizes the action as proposed. 

The areas that attained the revoked 

1997 8-hour ozone NAAQS by the 

attainment date and the associated DV 

information are summarized in Table 1.3

TABLE 1—AREAS THAT ATTAINED THE REVOKED 1997 8-HOUR OZONE NAAQS BY THE ATTAINMENT DATE

EPA 

region State Area name Applicable attainment date 

Attainment year 

design value 

(DV) 

Level DV years 

2 ............. New York ....... Buffalo-Niagara Falls, NY ................................................................... June 15, 2010 ........ 0.076 2007–2009 

Jamestown, NY ................................................................................... June 15, 2010 ........ 0.079 2007–2009 

Jefferson County, NY .......................................................................... June 15, 2010 ........ 0.074 2007–2009 

Poughkeepsie, NY .............................................................................. June 15, 2010 ........ 0.078 2007–2009 

5 ............. Wisconsin A .... Shoreline Sheboygan County, WI ...................................................... June 15, 2010 ........ 0.079 2007–2009 

Inland Sheboygan County, WI.

8 ............. Colorado ........ Denver-Boulder-Greeley-Ft. Collins-Loveland, CO ............................ November 20, 2010 0.082 2007–2009 

9 ............. California ........ San Francisco Bay Area, CA .............................................................. June 15, 2007 ........ 0.080 2004–2006 


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4U.S.C. is United States Code. 

TABLE 1—AREAS THAT ATTAINED THE REVOKED 1997 8-HOUR OZONE NAAQS BY THE ATTAINMENT DATE—Continued 

EPA 

region State Area name Applicable attainment date 

Attainment year 

design value 

(DV) 

Level DV years 

Ventura County, CA ............................................................................ June 15, 2013 ........ 0.081 2010–2012 

AOn April 30, 2004 [69 FR 23858] and May 21, 2012 [77 FR 30088], EPA designated the entirety of Sheboygan County, WI, as nonattainment 

for the 1997 ozone NAAQS and 2008 ozone NAAQS, respectively. The EPA’s February 8, 2019, letter to the Wisconsin Department of Natural 

Resources, finding that the area attained the revoked 1997 ozone NAAQS by the attainment date, applied the finding to the original full-county 

Sheboygan County, WI, area. On July 15, 2019, the EPA revised the original designation by splitting the Sheboygan County, WI, area for the revoked 1997 ozone NAAQS and the 2008 ozone NAAQS area into the separate Inland Sheboygan County, WI, and Shoreline Sheboygan County, WI, areas [84 FR 33699, Jul. 15, 2019]. This change is reflected in 40 CFR 81.350 under ‘‘Wisconsin.’’ On April 26, 2020 [85 FR 23274] and 

May 12, 2020 [85 FR 28550], EPA proposed to redesignate the Inland Sheboygan, WI, area and Shoreline Sheboygan, WI, areas, respectively, 

to attainment of the 2008 ozone NAAQS. In those proposed rulemakings, EPA correctly indicated that redesignation for the more stringent 2008 

ozone NAAQS would satisfy the obligation to adopt anti-backsliding requirements under the 1997 ozone NAAQS as codified at 40 CFR 

51.1105(a)(1) and 40 CFR 51.1100(o). In the preamble to EPA’s July 10, 2020, final redesignation of the Inland Sheboygan, WI, area [85 FR 

41400], EPA incorrectly stated that the revoked 1997 ozone NAAQS was not at issue in the redesignation, and upon EPA’s concurrent final redesignation of the Shoreline Sheboygan, WI, area [85 FR 41405], EPA failed to comment on any applicability to the revoked 1997 ozone 

NAAQS. In fact, as specified in EPA’s March 6, 2015 ‘‘SIP Requirements Rule’’ for the 2008 ozone NAAQS [80 FR 12264], approval of a request 

for redesignation to attainment for the 2008 ozone NAAQS signifies that the state has satisfied its obligations to adopt anti-backsliding requirements for the revoked 1997 ozone NAAQS. South Coast Air Quality Management District v. EPA, 882 F.3d 1138, 1151–52 (D.C. Cir. 2018). 

IV. Environmental Justice 

Considerations 

This final rule requires no 

environmental justice considerations. 

V. Statutory and Executive Order 

Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review and Executive 

Order 13563: Improving Regulation and 

Regulatory Review 

This action is not a significant 

regulatory action and, therefore, was not 

submitted to the Office of Management 

and Budget for review. 

B. Paperwork Reduction Act (PRA) 

This action does not impose an 

information collection burden under the 

PRA. 

C. Regulatory Flexibility Act (RFA) 

I certify that this action will not have 

a significant economic impact on a 

substantial number of small entities 

under the RFA. This action will not 

impose any requirements on small 

entities. 

D. Unfunded Mandates Reform Act 

(UMRA) 

This action does not contain any 

unfunded mandate or significantly or 

uniquely affect small governments, as 

described in the Unfunded Mandates 

Reform Act of 1995, 2 U.S.C. 1531– 

1538.4 The action imposes no 

enforceable duty on any state, local or 

tribal governments or the private sector. 

E. Executive Order 13132: Federalism 

This action does not have federalism 

implications. It will not 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. 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

This action does not have tribal 

implications as specified in Executive 

Order 13175. This action will neither 

impose substantial direct compliance 

costs on federally recognized tribal 

governments, nor preempt tribal law. 

Thus, Executive Order 13175 does not 

apply to this action. 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

and Safety Risks 

The EPA interprets Executive Order 

13045 as applying only to those 

regulatory actions that concern 

environmental health or safety risks that 

the EPA has reason to believe may 

disproportionately affect children, per 

the definition of ‘‘covered regulatory 

action’’ in section 2–202 of the 

Executive Order. This action is not 

subject to Executive Order 13045 

because it does not concern an 

environmental health risk or safety risk. 

H. Executive Order 13211: Actions That 

Significantly Affect Energy Supply, 

Distribution or Use 

This action is not subject to Executive 

Order 13211 because it is not a 

significant regulatory action under 

Executive Order 12866. 

I. National Technology Transfer 

Advancement Act (NTTAA) 

This rulemaking does not involve 

technical standards. 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

The EPA believes that this action does 

not have disproportionately high and 

adverse human health or environmental 

effects on minority, low-income 

populations and/or indigenous peoples, 

as specified in Executive Order 12898 

[59 FR 7629, Feb. 16, 1994]. The 

documentation for this decision is 

contained in Section IV of this 

document titled, ‘‘Environmental Justice 

Considerations.’’ 

K. Congressional Review Act (CRA) 

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. 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). 

L. Judicial Review 

Under section 307(b)(1) of the CAA, 

petitions for judicial review of final 

actions that are locally and regionally 

applicable may be filed only in the 

United States Court of Appeals for the 

appropriate circuit by September 27, 

2021. However, the statute also provides 


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Federal Register / Vol. 86, No. 143 / Thursday, July 29, 2021 / Rules and Regulations 40787 

that notwithstanding that general rule, 

‘‘a petition for review of any action . . . 

may be filed only in the United States 

Court of Appeals for the District of 

Columbia if such action is based on a 

determination of nationwide scope or 

effect and if in taking such action the 

Administrator finds and publishes that 

such action is based on such a 

determination.’’ Because this final 

action makes findings regarding the 

attainment status of areas across the 

country, in multiple EPA regions and 

within the jurisdictions over multiple 

U.S. Circuit Courts of Appeal, the 

Administrator finds that this action has 

nationwide scope and effect. Therefore, 

in accordance with CAA section 

307(b)(1), petitions for review of this 

final action may be filed only in the 

United States Court of Appeals for the 

District of Columbia Circuit. Under CAA 

section 307(b)(2), the requirements 

established by this final rule may not be 

challenged separately in any civil or 

criminal proceedings for enforcement. 

List of Subjects In 40 CFR Part 52 

Environmental protection, 

Administrative practice and procedure, 

Air pollution control, Designations and 

classifications, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen oxides, Ozone, Reporting and 

recordkeeping requirements and 

Volatile organic compounds. 

Michael S. Regan, 

Administrator. 

For the reasons stated in the 

preamble, part 52, title 40, chapter 1 of 

the Code of Federal Regulations are 

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 52.282 is amended by 

adding paragraph (l) to read as follows: 

§ 52.282 Control strategy and regulations: 

Ozone. 

* * * * * 

(l) Determination of attainment by the 

attainment date. Effective August 30, 

2021. On February 21, 2019, the EPA 

determined that San Francisco Bay 

Area, CA, attained the revoked 1997 8- 

hour ozone National Ambient Air 

Quality Standards (NAAQS) by the 

applicable attainment date of June 15, 

2007. The determination was based 

upon complete quality-assured and 

certified data for the 3 calendar years 

2004–2006. Further, the EPA 

determined that the Ventura County, 

CA, area attained the standards for the 

revoked 1997 8-hour NAAQS by the 

applicable attainment date of June 15, 

2013. The determination was based 

upon complete quality-assured and 

certified data for the 3 calendar years 

2010–2012. 

Subpart G—Colorado 

■ 3. Section 52.350 is amended by 

adding paragraph (d) to read as follows: 

§ 52.350 Control strategy: Ozone. 

* * * * * 

(d) Determination of attainment by the 

attainment date for the revoked 1997 8- 

hour ozone National Ambient Air 

Quality Standards (NAAQS). Effective 

August 30, 2021. On November 13, 

2020, the EPA determined that DenverBoulder-Greeley-Ft. Collins-Loveland, 

CO, attained the revoked 1997 8-hour 

ozone NAAQS by the applicable 

attainment date of November 20, 2010. 

The determination was based upon 

complete quality-assured and certified 

data for the three calendar years 2007– 

2009. 

Subpart HH—New York 

■ 4. Section 52.1683 is amended by 

adding paragraph (s) to read as follows: 

§ 52.1683 Control strategy: Ozone. 

* * * * * 

(s) Determination of attainment by the 

attainment date. Effective August 30, 

2021. On February 4, 2019, the EPA 

determined that certain areas in New 

York attained the revoked 1997 8-hour 

ozone National Ambient Air Quality 

Standards (NAAQS) by the applicable 

attainment date of June 15, 2010. The 

determination was based upon complete 

quality-assured and certified data for the 

3 calendar years 2007–2009 for the 

following areas: 

(1) Buffalo-Niagara Falls, NY 

(consisting of Erie and Niagara 

Counties). 

(2) Jamestown, NY (consisting of 

Chautauqua County). 

(3) Jefferson County, NY (consisting of 

Jefferson County). 

(4) Poughkeepsie, NY (consisting of 

Dutchess, Orange and Putnam 

Counties). 

Subpart YY—Wisconsin 

■ 5. Section 52.2585 is amended by 

adding paragraph (oo) to read as 

follows: 

§ 52.2585 Control strategy: Ozone. 

* * * * * 

(oo) Determination of attainment by 

the attainment date. Effective August 30, 

2021. Effective August 30, 2021. On 

February 8, 2019, the EPA determined 

the Sheboygan County, WI, area attained 

the revoked 1997 8-hour ozone NAAQS 

by the attainment date of June 15, 2010. 

On July 15, 2019, the EPA revised the 

designation for the Sheboygan County, 

WI, area for the revoked 1997 8-hour 

ozone NAAQS and the 2008 8-hour 

ozone NAAQS, by splitting the original 

full-county area into the separate Inland 

Sheboygan County, WI, and Shoreline 

Sheboygan County, WI, areas. On July 

10, 2020, EPA redesignated both the 

Inland Sheboygan County, WI, 

nonattainment area [85 FR 41400] and 

the Shoreline Sheboygan County, WI, 

nonattainment area [85 FR 41405] to 

attainment for the 2008 8-hour ozone 

NAAQS. Therefore, under 40 CFR 

51.1105(b)(1), the areas are no longer 

subject to the anti-backsliding 

obligations for the revoked 1997 ozone 

NAAQS under 40 CFR 51.1105(a)(1). 

[FR Doc. 2021–15106 Filed 7–28–21; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket No. 150623546–6395–02; RTID 

0648–XB228] 

Fisheries of the Caribbean, Gulf of 

Mexico, and South Atlantic; 2021 

Closure for Spiny Lobster in the U.S. 

Caribbean Off Puerto Rico 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closures. 

SUMMARY: NMFS implements an 

accountability measure (AM) for spiny 

lobster in the U.S. Caribbean exclusive 

economic zone (EEZ) around Puerto 

Rico. NMFS has determined that the 

annual catch limit (ACL) for spiny 

lobster in Puerto Rico was exceeded 

based on average landings during the 

2017 through 2019 fishing years. 

Therefore, NMFS reduces the length of 

the 2021 fishing season for spiny lobster 

in the EEZ around Puerto Rico by the 

amount necessary to ensure that 

landings do not exceed the ACL in 2021. 

This AM is necessary to protect the 

spiny lobster resource in the EEZ 

around Puerto Rico. 


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