43418 Federal Register / Vol. 86, No. 150 / Monday, August 9, 2021 / Rules and Regulations 

if pallet contains machinable letters; 

followed by ‘‘MAN’’ if pallet contains 

nonmachinable letters.*** 

* * * * * 

10.0 Merging Bundles of Flats Using 

the City State Product 

* * * * * 

10.2 USPS Marketing Mail 

* * * * * 

10.2.5 Pallet Preparation and Labeling 

* * * * * 

[Revise the text in 10.2.5a2; to read as 

follows:] 

* * * 2. Line 2: ‘‘STD FLTS CR–RTS 

SCHEME’’ followed by HD/HD+ if the 

pallet contains High Density/High 

Density plus flats. 

[Revise the text in 10.2.5b2; to read as 

follows:] 

* * * 2. Line 2: ‘‘STD FLTS CR/5D 

SCHEME’’ followed by HD/HD+ if the 

pallet contains High Density/High 

Density plus flats 

[Revise the text in 10.2.5c2; to read as 

follows:] 

* * * 2. Line 2: ‘‘STD FLTS,’’ 

followed by ‘‘CARRIER ROUTES’’ or 

‘‘CR–RTS’’ followed by HD/HD+ if the 

pallet contains High Density/High 

Density plus flats. 

[Revise the text in 10.2.5d2; to read as 

follows:] 

* * * 2. Line 2: ‘‘STD FLTS CR/5D’’ 

followed by HD/HD+ if the pallet 

contains High Density/High Density 

plus flats. * * * 

* * * * * 

12.0 Merging Bundles of Flats on 

Pallets Using a 5% Threshold 

* * * * * 

12.2 USPS Marketing Mail 

* * * * * 

12.2.3 Pallet Preparation and Labeling 

* * * * * 

* * * Mailers must label pallets 

according to the Line 1 and Line 2 

information listed below and under 8.6. 

[Revise the text in 12.2.3a2; to read as 

follows:] 

* * * 2. Line 2: ‘‘STD FLTS CR–RTS 

SCHEME’’ followed by HD/HD+ if the 

pallet contains High Density/High 

Density plus flats. 

[Revise the text in 12.2.3b2; to read as 

follows:] 

* * * 2. Line 2: ‘‘STD FLTS CR/5D 

SCHEME’’ followed by HD/HD+ if the 

pallet contains High Density/High 

Density plus flats. 

[Revise the text in 12.2.3c2; to read as 

follows:] 

* * * 2. Line 2: ‘‘STD FLTS’’; 

followed by ‘‘CARRIER ROUTES’’ or 

‘‘CR–RTS’’ followed by HD/HD+ if the 

pallet contains High Density/High 

Density plus flats. 

[Revise the text in 12.2.3d2; to read as 

follows:] 

* * * 2. Line 2: ‘‘STD FLTS CR/5D’’ 

followed by HD/HD+ if the pallet 

contains High Density/High Density 

plus flats. 

* * * * * 

13.0 Merging Bundles of Flats on 

Pallets Using the City State Product and 

a 5% Threshold 

* * * * * 

13.2 USPS Marketing Mail 

* * * * * 

13.2.4 Pallet Preparation and Labeling 

* * * Mailers must label pallets 

according to the Line 1 and Line 2 

information listed below and under 8.6 

[Revise the text in 13.2.4a2; to read as 

follows:] 

* * * 2. Line 2: ‘‘STD FLTS CR–RTS 

SCHEME’’ followed by ‘‘HD/HD+’’ if the 

pallet contains High Density/High 

Density plus flats. 

[Revise the text in 13.2.4b2; to read as 

follows:] 

* * * 2. Line 2: ‘‘STD FLTS CR/5D 

SCHEME’’ followed by ‘‘HD/HD+’’ if the 

pallet contains High Density/High 

Density plus flats. 

[Revise the text in 13.2.4c2; to read as 

follows:] 

* * * 2. Line 2: ‘‘STD FLTS,’’ 

followed by HD/HD+ if the pallet 

contains High Density/High Density 

plus flats and ‘‘CARRIER ROUTES’’ or 

‘‘CR–RTS’’ 

[Revise the text in 13.2.4d2; to read as 

follows:] 

* * * 2. Line 2: ‘‘STD FLTS CR/5D’’ 

followed by ‘‘HD/HD+’’ if the pallet 

contains High Density/High Density 

plus flats. * * * 

* * * * * 

Notice 123 (Price List) 

[Revise prices as applicable.] 

* * * * * 

We will publish an appropriate 

amendment to 39 CFR part 111 to reflect 

these changes. 

Ruth B. Stevenson, 

Chief Counsel, Ethics and Legal Compliance. 

[FR Doc. 2021–16985 Filed 8–5–21; 11:15 am] 

BILLING CODE P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R07–OAR–2021–0298; FRL–8709–02– 

R7] 

Air Plan Approval; Nebraska; 

Revisions to Title 129 of the Nebraska 

Administrative Code; General 

Conformity 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking final action to 

approve a revision to the State 

Implementation Plan (SIP) for the State 

of Nebraska. This final action will 

amend the SIP to revise title 129 of the 

Nebraska Administrative Code by 

removing a portion of the SIP that 

addresses general conformity. General 

Conformity ensures that the actions 

taken by federal agencies do not 

interfere with a state’s plan to attain and 

maintain national standards for air 

quality. Since states are no longer 

required to include general conformity 

requirements in SIPs, the revisions 

remove unnecessary language and do 

not substantively change any existing 

statutory or regulatory requirement. The 

revisions do not impact the stringency 

of the SIP or air quality nor do they 

impact the State’s ability to attain or 

maintain the National Ambient Air 

Quality Standards. 

DATES: This final rule is effective on 

September 8, 2021. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–R07–OAR–2021–0298. 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, i.e., 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 information. 

FOR FURTHER INFORMATION CONTACT: 

Allie Donohue, Environmental 

Protection Agency, Region 7 Office, Air 

Quality Planning Branch, 11201 Renner 

Boulevard, Lenexa, Kansas 66219; 

telephone number (913) 551–7986; 

email address: donohue.allie@epa.gov 


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Federal Register / Vol. 86, No. 150 / Monday, August 9, 2021 / Rules and Regulations 43419 

SUPPLEMENTARY INFORMATION: 

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

and ‘‘our’’ refer to EPA. 

Table of Contents 

I. What is being addressed in this document? 

II. Have the requirements for approval of a 

SIP revision been met? 

III. What action is the EPA taking? 

IV. Incorporation by Reference 

V. Statutory and Executive Order Reviews 

I. What is being addressed in this 

document? 

The EPA is amending Nebraska’s SIP 

to include revisions to title 129 of the 

Nebraska Administrative Code. The EPA 

is approving revisions to the Nebraska 

SIP submitted by the State of Nebraska 

on July 16, 2020. Specifically, the EPA 

is amending the Nebraska SIP by 

removing a portion of the SIP as follows: 

Title 129, Chapter 40. General 

Conformity. EPA is approving these 

revisions as they remove unnecessary 

language and do not substantively 

change any existing statutory or 

regulatory requirement. The EPA 

solicited comments on the proposed 

revision to Nebraska’s SIP, and received 

no comments. 

II. Have the requirements for approval 

of a SIP revision been met? 

The State submission has met the 

public notice requirements for SIP 

submissions in accordance with 40 CFR 

51.102. The submission also satisfied 

the completeness criteria of 40 CFR part 

51, appendix V. The State provided 

public notice of this SIP revision from 

September 28, 2019 to November 6, 

2019 and held a public hearing on 

November 7, 2019. In a letter to the state 

dated November 7, 2019, the EPA stated 

that the agency ‘‘has no comment on the 

proposed repeal of this regulation.’’ The 

SIP revision meets the substantive SIP 

requirements of the Clean Air Act 

(CAA), including section 110 and 

implementing regulations. 

III. What action is the EPA taking? 

The EPA is taking final action to 

amend the Nebraska SIP by approving 

the state’s request to remove Title 129 

Chapter 40. General Conformity. The 

removal of this portion of the SIP will 

remove unnecessary language and does 

not substantively change any existing 

statutory or regulatory requirement. The 

EPA has determined that these changes 

will not impact the stringency of the SIP 

or adversely impact air quality. 

IV. Incorporation by Reference 

In this document, the EPA is 

amending regulatory text that includes 

incorporation by reference. As described 

in the amendments to 40 CFR part 52 set 

forth below, the EPA is removing 

provisions of the EPA-Approved 

Nebraska Regulations from the Nebraska 

State Implementation Plan, which is 

incorporated by reference in accordance 

with the requirements of 1 CFR part 51. 

V. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

CAA and applicable Federal regulations. 

42 U.S.C. 7410(k); 40 CFR 52.02(a). 

Thus, in reviewing SIP submissions, 

EPA’s role is to approve state choices, 

provided that they meet the criteria of 

the CAA. 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 the 

National Technology Transfer and 

Advancement Act (NTTA) because this 

rulemaking does not involve technical 

standards; and 

• Does not provide 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. 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 CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by October 8, 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. 

Dated: July 30, 2021. 

Edward H. Chu, 

Acting Regional Administrator, Region 7. 

For the reasons stated in the 

preamble, EPA amends 40 CFR part 52 

as set forth below: 

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. 


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43420 Federal Register / Vol. 86, No. 150 / Monday, August 9, 2021 / Rules and Regulations 

Subpart CC [Amended] 

§ 52.1420 [Amended] 

■ 2. In § 52.1420, the table in paragraph 

(c) is amended by removing the entry for 

‘‘129–40’’ under the heading ‘‘Title 129- 

Nebraska Air Quality Regulations’’. 

[FR Doc. 2021–16767 Filed 8–6–21; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 635 

[Docket No. 180117042–8884–02] 

RTID 0648–XB214 

Atlantic Highly Migratory Species; 

Atlantic Bluefin Tuna Fisheries 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; quota transfer. 

SUMMARY: NMFS is transferring 30 

metric tons (mt) of Atlantic bluefin tuna 

(BFT) quota from the Reserve category 

to the Harpoon category. With this 

transfer, the adjusted Harpoon category 

quota for the 2021 fishing season is 76 

mt. The 2021 Harpoon category fishery 

is open until November 15, 2021, or 

until the Harpoon category quota is 

reached, whichever comes first. The 

action is based on consideration of the 

regulatory determination criteria 

regarding inseason adjustments, and 

applies to Atlantic Tunas Harpoon 

category (commercial) permitted 

vessels. 

DATES: Effective August 4, 2021, through 

November 15, 2021. 

FOR FURTHER INFORMATION CONTACT: 

Larry Redd, Jr., larry.redd@noaa.gov, 

301–427–8503, Nicholas Velseboer, 

nicholas.velsboer@noaa.gov, 978–675– 

2168, or Lauren Latchford, 

lauren.latchford@noaa.gov, 301–427– 

8503. 

SUPPLEMENTARY INFORMATION: Atlantic 

highly migratory species (HMS) 

fisheries, including BFT fisheries, are 

managed under the authority of the 

Atlantic Tunas Convention Act (ATCA; 

16 U.S.C. 971 et seq.) and the 

Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act; 16 U.S.C. 1801 

et seq.). The 2006 Consolidated Atlantic 

HMS Fishery Management Plan (FMP) 

and its amendments are implemented 

by regulations at 50 CFR part 635. 

Section 635.27 divides the U.S. BFT 

quota recommended by the 

International Commission for the 

Conservation of Atlantic Tunas (ICCAT) 

and as implemented by the United 

States among the various domestic 

fishing categories, per the allocations 

established in the 2006 Consolidated 

HMS FMP and its amendments. NMFS 

is required under the Magnuson-Stevens 

Act to provide U.S. fishing vessels with 

a reasonable opportunity to harvest 

quotas under relevant international 

fishery agreements such as the ICCAT 

Convention, which is implemented 

domestically pursuant to ATCA. 

The current baseline quotas for the 

Harpoon and Reserve categories are 46 

mt and 29.5 mt, respectively. To date for 

2021, NMFS has published one action 

that has adjusted the available 2021 

Reserve category quota, which currently 

is 168 mt (86 FR 8717, February 9, 

2021). The 2021 Harpoon category 

fishery opened June 1, and is open 

through November 15, 2021, or until the 

Harpoon category quota is reached, 

whichever comes first. 

Transfer of 30 mt From the Reserve 

Category to the Harpoon Category 

Under § 635.27(a)(9), NMFS has the 

authority to transfer quota among 

fishing categories or subcategories after 

considering the determination criteria 

provided under § 635.27(a)(8). NMFS 

has considered all of the relevant 

determination criteria and their 

applicability to the Harpoon category 

fishery. These criteria include, but are 

not limited to, the following: 

Regarding the usefulness of 

information obtained from catches in 

the particular category for biological 

sampling and monitoring of the status of 

the stock (§ 635.27(a)(8)(i)), biological 

samples collected from BFT landed by 

Harpoon category fishermen and 

provided by BFT dealers continue to 

provide NMFS with valuable parts and 

data for ongoing scientific studies of 

BFT age and growth, migration, and 

reproductive status. Additional 

opportunity to land BFT in the Harpoon 

category would support the collection of 

a broad range of data for these studies 

and for stock monitoring purposes. 

NMFS also considered the catches of 

the Harpoon category quota to date and 

the likelihood of closure of that segment 

of the fishery if no adjustment is made 

(§ 635.27(a)(8)(ii) and (ix)). As of August 

3, 2021, the Harpoon category has 

landed 39.7 mt. Commercial-size BFT 

are currently readily available to vessels 

fishing under the Harpoon category 

quota. Without a quota transfer at this 

time, Harpoon category participants 

would have to stop BFT fishing 

activities with very short notice, while 

commercial-sized BFT remain available 

in the areas Harpoon category permitted 

vessels operate. Transferring 30 mt of 

BFT quota from the Reserve category 

would result in a total of 76 mt being 

available for the Harpoon category for 

the 2021 Harpoon category fishing 

season. 

Regarding the projected ability of the 

vessels fishing under the Harpoon 

category to harvest the additional 

amount of BFT before the end of the 

fishing year (§ 635.27(a)(8)(iii)), NMFS 

considered Harpoon category landings 

over the last several years. Landings are 

highly variable and depend on access to 

commercial-sized BFT and fishing 

conditions, among other factors. NMFS 

anticipates that the Harpoon category 

could harvest the transferred 30 mt prior 

to the end of the Harpoon category 

season, subject to weather conditions 

and BFT availability. NMFS may 

transfer unused Harpoon category quota 

to other quota categories, as appropriate. 

NMFS also anticipates that some 

underharvest of the 2020 adjusted U.S. 

BFT quota will be carried forward to 

2021 and placed in the Reserve 

category, in accordance with the 

regulations. Thus, this quota transfer 

would allow fishermen to take 

advantage of the availability of fish on 

the fishing grounds, consider the 

expected increases in available 2021 

quota, and provide a reasonable 

opportunity to harvest the available U.S. 

BFT quota. 

NMFS also considered the estimated 

amounts by which quotas for other gear 

categories of the fishery might be 

exceeded (§ 635.27(a)(8)(iv)) and the 

ability to account for all 2020 landings 

and dead discards. In the last several 

years, total U.S. BFT landings have been 

below the available U.S. quota such that 

the United States has carried forward 

the maximum amount of underharvest 

allowed by ICCAT from one year to the 

next. NMFS will need to account for 

2021 landings and dead discards within 

the adjusted U.S. quota, consistent with 

ICCAT recommendations, and 

anticipates having sufficient quota to do 

that. 

NMFS also considered the effects of 

the adjustment on the BFT stock and the 

effects of the transfer on accomplishing 

the objectives of the FMP 

(§ 635.27(a)(8)(v) and (vi)). This transfer 

would be consistent with established 

quotas and subquotas, which are 

implemented consistent with ICCAT 

recommendations, (established in 

Recommendation 17–06 and maintained 

in Recommendation 20–06), ATCA, and 

the objectives of the 2006 Consolidated 

HMS FMP and amendments. In 


lotter on DSK11XQN23PROD with RULES1