Federal Register / Vol. 86, No. 144 / Friday, July 30, 2021 / Rules and Regulations 40959 

the human environment. This rule 

promulgates the operating regulations or 

procedures for drawbridges and is 

categorically excluded from further 

review, under paragraph L49, of Chapter 

3, Table3–1 of the U.S. Coast Guard 

Environmental Planning 

Implementation Procedures. 

Neither a Record of Environmental 

Consideration nor a Memorandum for 

the Record are required for this rule. 

G. Protest Activities 

The Coast Guard respects the First 

Amendment rights of protesters. 

Protesters are asked to contact 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. 

List of Subjects in 33 CFR Part 117 

Bridges. 

For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 117 as follows: 

PART 117—DRAWBRIDGE 

OPERATION REGULATIONS 

■ 1. The authority citation for part 117 

continues to read as follows: 

Authority: 33 U.S.C. 499; 33 CFR 1.05–1; 

and Department of Homeland Security 

Delegation No. 0170.1. 

§ 117.391 [Amended] 

■ 2. Amend § 117.391 by revising 

paragraph (d) to read as follows: 

§ 117.391 Chicago River. 

* * * * * 

(d) The Amtrak Bridge, mile 3.77, is 

authorized to operate remotely and open 

to the intermediate position on signal, 

unless a request for a full opening is 

received by the drawtender. The bridge 

is required to operate a marine radio. 

* * * * * 

M.J. Johnston, 

Rear Admiral, U.S. Coast Guard, Commander, 

Ninth Coast Guard District. 

[FR Doc. 2021–15986 Filed 7–29–21; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2018–0601; FRL–8689–02– 

R9] 

Air Plan Revision; Limited Approval 

and Limited Disapproval; California; 

Yolo-Solano Air Quality Management 

District 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is finalizing the limited 

approval and limited disapproval of a 

revision to the Yolo-Solano Air Quality 

Management District (YSAQMD) 

portion of the California State 

Implementation Plan (SIP). This 

revision concerns emissions of volatile 

organic compounds (VOCs) from solvent 

cleaning and degreasing operations. 

Under the authority of the Clean Air Act 

(CAA or the Act), this action 

simultaneously approves a local rule 

that regulates these emission sources 

and directs California to correct rule 

deficiencies. 

DATES: This rule will be effective on 

August 30, 2021. 

ADDRESSES: The EPA has established a 

docket for this action under Docket No. 

EPA–R09–OAR–2018–0601. 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 the EPA’s Response 

III. EPA Action 

IV. Incorporation by Reference 

V. Statutory and Executive Order Reviews 

I. Proposed Action 

On February 25, 2021 (86 FR 11480), 

the EPA proposed a limited approval 

and limited disapproval of the following 

rule that was submitted for 

incorporation into the California SIP. 

Local agency Rule # Rule title Revised Submitted 

YSAQMD ......................................................... 2.31 Solvent Cleaning and Degreasing ................. 04/12/2017 08/09/2017 

We proposed a limited approval 

because we determined that this rule 

improves the SIP and is largely 

consistent with the relevant CAA 

requirements. We simultaneously 

proposed a limited disapproval because 

the following rule provision conflicts 

with section 110 and part D of the Act. 

The provision at section 110.6 of the 

rule exempts solvent degreasing 

operations that are subject to National 

Emission Standards for Hazardous Air 

Pollutants (NESHAP) requirements at 40 

CFR part 63 Subpart T regulating 

halogenated solvent cleaning. 

CAA Section 182(b)(2) (‘‘Reasonably 

available control technology’’) states: 

‘‘The State shall submit a revision to the 

applicable implementation plan to 

include provisions to require the 

implementation of reasonably available 

control technology . . . .’’ While the 

YSAQMD has been delegated the 

authority to enforce the requirements in 

40 CFR 63 Subpart T, this type of 

delegation of authority to a district or 

state does not place those requirements 

or its emission limitations into the SIP. 

Thus, this rule fails to implement RACT 

for halogenated solvent cleaning in an 

enforceable SIP regulation. Our 

proposed action contains more 

information on the basis for this 

rulemaking and on our evaluation of the 

submittal. 

II. Public Comments and the EPA’s 

Response 

The EPA’s proposed action provided 

a 30-day public comment period. During 

this period, we received one comment 

that was supportive of the proposed 

action. 


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40960 Federal Register / Vol. 86, No. 144 / Friday, July 30, 2021 / Rules and Regulations 

III. EPA Action 

No comments were submitted that 

change our assessment of the rule as 

described in our proposed action. 

Therefore, as authorized in sections 

110(k)(3) and 301(a) of the Act, the EPA 

is finalizing a limited approval of the 

submitted rule. This action incorporates 

the submitted rule into the California 

SIP, including those provisions 

identified as deficient. As authorized 

under section 110(k)(3) and 301(a), the 

EPA is simultaneously finalizing a 

limited disapproval of the rule. As a 

result, the EPA must promulgate a 

federal implementation plan under 

section 110(c) unless we approve 

subsequent SIP revisions that correct the 

rule deficiencies within 24 months. In 

addition, the offset sanction in CAA 

section 179(b)(2) will be imposed 18 

months after the effective date of this 

action, and the highway funding 

sanction in CAA section 179(b)(1) six 

months after the offset sanction is 

imposed. A sanction will not be 

imposed if the EPA determines that a 

subsequent SIP submission corrects the 

identified deficiencies before the 

applicable deadline. 

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 

YSAQMD 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 

Additional information about these 

statutes and Executive orders can be 

found at http://www.epa.gov/lawsregulations/laws-and-executive-orders. 

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 was therefore not 

submitted to the Office of Management 

and Budget (OMB) for review. 

B. Paperwork Reduction Act (PRA) 

This action does not impose an 

information collection burden under the 

PRA because this action does not 

impose additional requirements beyond 

those imposed by state law. 

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 beyond those imposed by state 

law. 

D. Unfunded Mandates Reform Act 

(UMRA) 

This action does not contain any 

unfunded mandate as described in 

UMRA, 2 U.S.C. 1531–1538, and does 

not significantly or uniquely affect small 

governments. This action does not 

impose additional requirements beyond 

those imposed by state law. 

Accordingly, no additional costs to 

State, local, or tribal governments, or to 

the private sector, will result from this 

action. 

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: Coordination 

With Indian Tribal Governments 

This action does not have tribal 

implications, as specified in Executive 

Order 13175, because 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, and will not impose 

substantial direct costs on tribal 

governments or preempt tribal law. 

Thus, Executive Order 13175 does not 

apply to this action. 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

Risks 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 impose additional 

requirements beyond those imposed by 

state law. 

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 and 

Advancement Act (NTTAA) 

Section 12(d) of the NTTAA directs 

the EPA to use voluntary consensus 

standards in its regulatory activities 

unless to do so would be inconsistent 

with applicable law or otherwise 

impractical. The EPA believes that this 

action is not subject to the requirements 

of section 12(d) of the NTTAA because 

application of those requirements would 

be inconsistent with the CAA. 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

The EPA lacks the discretionary 

authority to address environmental 

justice in this rulemaking. 

K. Congressional Review Act (CRA) 

This action is subject to the CRA, and 

the EPA will submit a rule report to 

each House of the Congress and to the 

Comptroller General of the United 

States. This action is not a ‘‘major rule’’ 

as defined by 5 U.S.C. 804(2). 

L. Petitions for Judicial Review 

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 28, 

2021. Filing a petition for 

reconsideration by the Administrator of 

this final rule does not affect the finality 

of this rule 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, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 


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Federal Register / Vol. 86, No. 144 / Friday, July 30, 2021 / Rules and Regulations 40961 

Dated: July 22, 2021. 

Deborah Jordan, 

Acting Regional Administrator, Region IX. 

For reasons set forth in the preamble, 

EPA amends Part 52, Chapter I, Title 40 

of the Code of Federal Regulations 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)(442)(i)(F)(4) and 

(c)(503)(i)(D) to read as follows: 

§ 52.220 Identification of plan-in part. 

* * * * * 

(c) * * * 

(442) * * * 

(i) * * * 

(F) * * * 

(4) Previously approved on April 28, 

2015 in paragraph (c)(442)(i)(F)(2) of 

this section and now deleted with 

replacement in (c)(503)(i)(D)(1), Rule 

2.31, ‘‘Solvent Cleaning and 

Degreasing,’’ revised on May 8, 2013. 

* * * * * 

(503) * * * 

(i) * * * 

(D) Yolo-Solano Air Quality 

Management District. 

(1) Rule 2.31, ‘‘Solvent Cleaning and 

Degreasing,’’ revised on April 12, 2017. 

(2) [Reserved] 

* * * * * 

[FR Doc. 2021–16110 Filed 7–29–21; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket No. 140501394–5279–02; RTID 

0648–XB269] 

Fisheries of the Caribbean, Gulf of 

Mexico, and South Atlantic; 2021 

Commercial Accountability Measure 

and Closure for South Atlantic Blueline 

Tilefish 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS implements an 

accountability measure (AM) for 

commercial blueline tilefish in the 

exclusive economic zone (EEZ) of the 

South Atlantic. Commercial landings of 

blueline tilefish are projected to reach 

the commercial sector annual catch 

limit (ACL) by August 1, 2021. 

Therefore, NMFS is closing the 

commercial sector for blueline tilefish 

in the South Atlantic EEZ on August 1, 

2021, and it will remain closed until the 

start of the next fishing year on January 

1, 2022. This closure is necessary to 

protect the blueline tilefish resource. 

DATES: This temporary rule is effective 

at 12:01 a.m., eastern time, on August 1, 

2021, until 12:01 a.m., eastern time, on 

January 1, 2022. 

FOR FURTHER INFORMATION CONTACT: Rick 

DeVictor, NMFS Southeast Regional 

Office, telephone: 727–824–5305, email: 

rick.devictor@noaa.gov. 

SUPPLEMENTARY INFORMATION: The 

snapper-grouper fishery of the South 

Atlantic includes blueline tilefish and is 

managed under the Fishery 

Management Plan for the SnapperGrouper Fishery of the South Atlantic 

Region (FMP). The South Atlantic 

Fishery Management Council and 

NMFS prepared the FMP, and the FMP 

is implemented by NMFS under the 

authority of the Magnuson-Stevens 

Fishery Conservation and Management 

Act (Magnuson-Stevens Act) by 

regulations at 50 CFR part 622. All 

weights in this temporary rule are given 

in round weight. 

As specified at 50 CFR 

622.193(z)(1)(i), the commercial sector 

ACL for blueline tilefish is 117,148 lb 

(53,137 kg). The commercial AM for 

blueline tilefish requires NMFS to close 

the commercial sector when the its ACL 

is reached, or is projected to be reached, 

by filing a notification to that effect with 

the Office of the Federal Register (50 

CFR 622.193(z)(1)(i)). NMFS has 

projected that for the 2021 fishing year, 

the commercial sector ACL for South 

Atlantic blueline tilefish will be reached 

by August 1, 2021. Accordingly, the 

commercial sector for South Atlantic 

blueline tilefish is closed effective at 

12:01 a.m., eastern time, on August 1, 

2021, until 12:01 a.m., eastern time, on 

January 1, 2022. 

The operator of a vessel with a valid 

Federal commercial vessel permit for 

South Atlantic snapper-grouper having 

blueline tilefish on board must have 

landed and bartered, traded, or sold 

such blueline tilefish prior to August 1, 

2021. During the commercial sector 

closure, all sale or purchase of blueline 

tilefish is prohibited. The harvest or 

possession of blueline tilefish in or from 

the South Atlantic EEZ is limited to the 

recreational bag and possession limits 

specified in 50 CFR 622.187(b)(2) and 

(c)(1), respectively, while the 

recreational sector for blueline tilefish is 

open. These bag and possession limits 

apply in the South Atlantic on board a 

vessel with a valid Federal commercial 

or charter vessel/headboat permit for 

South Atlantic snapper-grouper, and 

apply to the harvest of blueline tilefish 

in both state and Federal waters. 

Classification 

NMFS issues this action pursuant to 

section 305(d) of the Magnuson-Stevens 

Act. This action is required by 50 CFR 

622.193(z)(1)(i)), which was issued 

pursuant to section 304(b) of the 

Magnuson-Stevens Act, and is exempt 

from review under Executive Order 

12866. 

Pursuant to 5 U.S.C. 553(b)(B), there 

is good cause to waive prior notice and 

an opportunity for public comment on 

this action, as notice and comment is 

unnecessary and contrary to the public 

interest. Such procedures are 

unnecessary because the regulations 

associated with the closure of the 

blueline tilefish commercial sector at 50 

CFR 622.193(z)(1)(i) have already been 

subject to notice and public comment, 

and all that remains is to notify the 

public of the closure. Prior notice and 

opportunity for public comment are 

contrary to the public interest because 

there is a need to immediately 

implement this action to protect 

blueline tilefish, since the capacity of 

the fishing fleet allows for rapid harvest 

of the commercial sector ACL. Prior 

notice and opportunity for public 

comment would require time and would 

potentially result in a harvest well in 

excess of the established commercial 

sector ACL. 

For the aforementioned reasons, the 

Acting Assistant Administrator also 

finds good cause to waive the 30-day 

delay in the effectiveness of this action 

under 5 U.S.C. 553(d)(3). 

Authority: 16 U.S.C. 1801 et seq. 

Dated: July 26, 2021. 

Jennifer M. Wallace, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2021–16207 Filed 7–26–21; 4:15 pm] 

BILLING CODE 3510–22–P 


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