Federal Register / Vol. 86, No. 151 / Tuesday, August 10, 2021 / Proposed Rules 43609 

Document Date 

Adams 

Accession No. 

or Federal 

Register 

citation or 

website 

PRM–73–18—Public Comments RE: Protection of Digital Computer and Communication 

Systems and Networks.

August 10, 2020 ..................... ML20223A027 

SRM–CMWCO–10–0001—‘‘Regulation of Cyber Security at Nuclear Power Plants’’ ............... October 21, 2010 .................... ML102940009 

Regulatory Guide 5.71, ‘‘Cyber Security Program for Nuclear Facilities’’ .................................. January 2010 .......................... ML090340159 

NEI 08–09, ‘‘Cyber Security Plan for Nuclear Power Reactors,’’ Revision 6 ............................. April 2010 ................................ ML101180437 

NEI 13–10, ‘‘Cyber Security Control Assessment,’’ Revision 6, ................................................ August 2017 ............................ ML17234A615 

Regulatory Analysis and Backfit Analysis; Final Rulemaking: Power Reactor Security Requirements.March 17, 2009 ....................... ML083390372 

GAO–15–98, NRC Needs to Improve Its Cost Estimates by Incorporating More Best Practices.December 12, 2014 ................ https://

www.gao.gov/ 

products/ 

GAO-15-98 

SECY–14–0002, ‘‘Plan for Updating the U.S. Nuclear Regulatory Commission’s Cost-Benefit 

Guidance’’.

January 17, 2014 .................... ML13274A495 

NUREG/BR–0058, ‘‘Regulatory Analysis Guidelines of the U.S. Nuclear Regulatory Commission, Draft Report for Comment,’’ Revision 5.April 2017 ................................ ML17100A480 

MD 8.2, ‘‘Management of Backfitting, Forward Fitting, Issue Finality, and Information Requests’’.September 20, 2019 ............... ML18093B087 

SECY–20–0008: Draft Final NUREG/BR–0058, Regulatory Analysis Guidelines of the U.S. 

Nuclear.

February 13, 2020 .................. ML19261A277 

Memorandum of Agreement between the U.S. Nuclear Regulatory Commission (NRC) and 

the Federal Energy Regulatory Commission (FERC).

September 22, 2015 ............... ML15033A181 

SECY–14–0129: Rulemaking: Final Rule: Cyber Security Event Notification (CSEN) .............. November 20, 2014 ................ ML14136A212 

Power Reactor Security Requirements; Final Rule .................................................................... March 27, 2009 ....................... 74 FR 13926 

Power Reactor Cyber Security Program Assessment ................................................................ July 12, 2019 .......................... ML19175A211 

Periodic Review of RG 5.71 ........................................................................................................ April 9, 2015 ........................... ML15099A158 

Draft Regulatory Guide (DG)-5061, ‘‘Cyber Security Program for Nuclear Power Reactor’’ ..... August 2018 ............................ ML18016A129 

Power Reactor Security Requirements; Proposed Rule ............................................................. October 26, 2006 .................... 71 FR 62664 

Cyber Security Event Notifications; Final Rule ........................................................................... November 2, 2015 .................. 80 FR 67265 

Memorandum of Understanding Between the U.S. Nuclear Regulatory Commission and the 

North American Electric Reliability Corporation.

December 17, 2019 ................ ML093510905 

EA–02–026, Issuance of Order for Interim Safeguards and Security Compensatory Measures 

for Nuclear Power Plants.

February 25, 2002 .................. ML020510635 

EA–03–086, ‘‘Issuance of Order Requiring Compliance with Revised Design Basis Threat for 

Operating Power Reactors’’.

April 29, 2003 ......................... ML030740002 

SECY–10–0153, ‘‘Cyber Security—Implementation of the Commission’s Determination of 

Systems and Equipment within the Scope of Title 10 of the Code of Federal Regulations, 

Section 73.54’’.

November 19, 2010 ................ ML103490344 

NEI 10–04, ‘‘Identifying Systems and Assets Subject to the Cyber Security Rule, Rev. 2’’ ..... July 2012 ................................ ML12180A081 

VI. Conclusion 

For the reasons discussed in this 

document, the NRC finds that the 

petitioner did not present sufficient new 

information to warrant the requested 

changes in PRM–73–18. The NRC’s 

current cyber security requirements are 

consistent with the NRC’s original 

intent for the cyber security rule, and 

these requirements continue to provide 

reasonable assurance of adequate 

protection of public health and safety, 

and the common defense and security. 

Further, the NRC has determined that 

the language in § 73.54(a) is not overly 

broad. Finally, the NRC has determined 

that existing and ongoing revisions to 

guidance can effectively address the 

other issues raised by the petitioner in 

this PRM without the need for 

rulemaking. Accordingly, the NRC is 

denying the PRM–73–18. 

Dated: August 3, 2021. 

For the Nuclear Regulatory Commission. 

Annette L. Vietti-Cook, 

Secretary of the Commission. 

[FR Doc. 2021–16889 Filed 8–9–21; 8:45 am] 

BILLING CODE 7590–01–P 

DEPARTMENT OF EDUCATION 

34 CFR Chapter VI 

[Docket ID ED–2021–OPE–0077] 

Negotiated Rulemaking Committee; 

Negotiator Nominations and Schedule 

of Committee Meetings 

AGENCY: Office of Postsecondary 

Education, Department of Education. 

ACTION: Intent to establish rulemaking 

committee. 

SUMMARY: We announce our intention to 

establish one negotiated rulemaking 

committee to prepare proposed 

regulations for the Federal Student Aid 

programs authorized under title IV of 

the Higher Education Act of 1965, as 

amended (HEA). The committee will 

include representatives of organizations 

or groups with interests that are 

significantly affected by the subject 

matter of the proposed regulations. We 

request nominations for individual 

negotiators who represent key 

stakeholder constituencies for the issues 

to be negotiated to serve on the 

committee. We also announce the 

creation of a subcommittee, and request 

nominations for individuals with 

pertinent expertise to participate on the 

subcommittee. The Department has set 

a schedule for committee meetings. 

DATES: We must receive your 

nominations for negotiators to serve on 

the committee on or before August 31, 

2021. The dates and times of the 

committee and subcommittee meetings 

are set out in the Schedule for 

Negotiations section in the 


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43610 Federal Register / Vol. 86, No. 151 / Tuesday, August 10, 2021 / Proposed Rules 

SUPPLEMENTARY INFORMATION section. All 

meetings will be virtual. 

ADDRESSES: Please email your 

nominations for negotiators to 

negregnominations@ed.gov. If you are 

unable to email your nomination, send 

it to Vanessa Gomez, U.S. Department of 

Education, 400 Maryland Ave. SW, 

Room 2C179, Washington, DC 20202. 

FOR FURTHER INFORMATION CONTACT: For 

information about negotiated 

rulemaking, see ‘‘The Negotiated 

Rulemaking Process for Title IV 

Regulations Frequently Asked 

Questions’’ at https://www2.ed.gov/ 

policy/highered/reg/hearulemaking/ 

hea08/neg-reg-faq.html. For information 

about the content of this document, 

including additional information about 

the negotiated rulemaking process or the 

nomination submission process, 

contact: Vanessa Gomez, U.S. 

Department of Education, 400 Maryland 

Ave. SW, Room 2C179, Washington, DC 

20202. Telephone: (202) 453–6708. 

Email: vanessa.gomez@ed.gov. 

If you use a telecommunications 

device for the deaf (TDD) or text phone 

(TTY), call the Federal Relay Service 

(FRS), toll free, at 1–800–877–8339. 

SUPPLEMENTARY INFORMATION: 

Background 

On May 26, 2021, we published an 

announcement of our intent to establish 

negotiated rulemaking committees 

under section 492 of the HEA to develop 

proposed regulations related to a 

number of higher education practices 

and issues in the Federal Register (86 

FR 28299) (Negotiated Rulemaking 

Committee Notice). The Department 

suggested the following topics for the 

negotiated rulemaking process: 

(1) Change of ownership and change 

in control of institutions of higher 

education under 34 CFR 600.31; 

(2) Certification procedures for 

participation in title IV, HEA programs 

under 34 CFR 668.13; 

(3) Standards of administrative 

capability under 34 CFR 668.16; 

(4) Ability to benefit under 34 CFR 

668.156; 

(5) Borrower defense to repayment 

under 34 CFR 682.410, 682.411, 

685.206, and 685.222; 

(6) Discharges for borrowers with a 

total and permanent disability under 34 

CFR 674.61, 682.402(c), and 685.213; 

(7) Closed school discharges under 34 

CFR 685.214 and 682.402(d); 

(8) Discharges for false certification of 

student eligibility under 34 CFR 685.215 

and 682.402(e); 

(9) Loan repayment plans under 34 

CFR 682.209, 682.215, 685.208, and 

685.209; 

(10) The Public Service Loan 

Forgiveness program under 34 CFR 

685.219; 

(11) Mandatory pre-dispute 

arbitration and prohibition of class 

action lawsuits provisions in 

institutions’ enrollment agreements 

(formerly under 34 CFR 685.300) and 

associated counseling about such 

arrangements under 34 CFR 685.304; 

(12) Financial responsibility for 

participating institutions of higher 

education under 34 CFR subpart L, such 

as events that indicate heightened 

financial risk; 

(13) Gainful employment (formerly 

located in 34 CFR subpart Q); and 

(14) Pell Grant eligibility for prison 

education programs under 34 CFR part 

690. 

We also announced three public 

hearings at which interested parties 

could comment on the topics suggested 

by the Department and suggest 

additional topics for consideration for 

action by the negotiated rulemaking 

committees. Those hearings took place 

virtually on June 21, June 23, and June 

24, 2021. We invited parties to comment 

and submit topics for consideration in 

writing as well. Recordings and 

transcripts from the public hearings are 

available at: https://www2.ed.gov/ 

policy/highered/reg/hearulemaking/ 

2021/index.html. 

Written comments submitted in 

response to the Negotiated Rulemaking 

Committee Notice may be viewed 

through the Federal eRulemaking Portal 

at www.regulations.gov. Instructions for 

finding comments are available on the 

site under ‘‘FAQ’’. Individuals can enter 

docket ID ED–2021–OPE–0077 in the 

search box to locate the appropriate 

docket. 

Committee Topics 

After considering the information 

received at the public hearings and the 

written comments, we have decided to 

establish the Affordability and Student 

Loans Committee to address the 

following topics: 

(1) Borrower defense to repayment 

under 34 CFR 682.410, 682.411, 

685.206, and 685.222; 

(2) Closed school discharges under 34 

CFR 685.214 and 682.402(d); 

(3) Discharges for borrowers with a 

total and permanent disability under 34 

CFR 674.61, 682.402(c), and 685.213; 

(4) Discharges for false certification of 

student eligibility under 34 CFR 685.215 

and 682.402(e); 

(5) Loan repayment plans under 34 

CFR 682.209, 682.215, 685.208, and 

685.209; 

(6) Interest capitalization on Federal 

student loans under 34 CFR 682.202, 

685.202, 685.209, and 685.220; 

(7) Mandatory pre-dispute arbitration 

and prohibition of class action lawsuits 

provisions in institutions’ enrollment 

agreements (formerly under 34 CFR 

685.300) and associated counseling 

about such arrangements under 34 CFR 

685.304; 

(8) Pell Grant eligibility for prison 

education programs under 34 CFR part 

690; and 

(9) The Public Service Loan 

Forgiveness program under 34 CFR 

685.219. 

As a part of the negotiated rulemaking 

process, we are forming a Prison 

Education Program Subcommittee to 

expand the range of expertise and 

constituencies represented on this topic. 

The committee will consider the 

subcommittee’s recommendations in its 

consideration of proposed regulations to 

implement Pell Grant eligibility for 

incarcerated individuals, authorized by 

the Consolidated Appropriations Act of 

2021. Currently, students incarcerated 

in a State or Federal penal institution 

are prohibited from receiving Pell 

Grants. Sections 702 and 703 of the 

Consolidated Appropriations Act of 

2021 amended sections 401 and 484 of 

the HEA to remove this prohibition; 

however, the amendments require that 

an incarcerated student enroll in a 

qualifying prison education program to 

qualify for a Pell Grant. The Department 

intends to develop regulations to 

implement those changes. 

This subcommittee will address these 

issues and make recommendations to 

the committee. The subcommittee is not 

authorized to make decisions for the 

Affordability and Student Loans 

Committee. The subcommittee may be 

comprised of some members of the 

committee (negotiators), as well as 

individuals who are not committee 

members but who have expertise that 

will be helpful in developing proposed 

regulations. Therefore, in addition to 

asking for nominations for individual 

negotiators who represent key 

stakeholder constituencies for issues to 

be negotiated to serve on the committee 

(see Constituencies for Negotiator 

Nominations), we seek nominations for 

individuals with specific types of 

experience to serve on the 

subcommittee. Before conclusion of the 

negotiations, the subcommittee will 

present its recommendations for 

regulatory changes to the committee for 

its consideration. 

Seven of the 14 topics listed in the 

Negotiated Rulemaking Committee 

Notice are not on the list of topics to be 

considered by the Affordability and 


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Federal Register / Vol. 86, No. 151 / Tuesday, August 10, 2021 / Proposed Rules 43611 

Student Loans Committee. These 

remaining topics and other topics 

suggested in the public hearings and 

written comments provided to the 

Department may be considered by a 

separate rulemaking committee(s) 

formed at a later date, which we would 

announce in a separate Federal Register 

notice. 

We intend to select negotiators for the 

Affordability and Student Loans 

Committee who represent the interests 

of those significantly affected by the 

topics proposed for negotiation. In so 

doing, we will comply with the 

requirement in section 492(b)(1) of the 

HEA that the individuals selected must 

have demonstrated expertise or 

experience in the relevant topics 

proposed for negotiations. We will also 

select individual negotiators who reflect 

the diversity among program 

participants, in accordance with section 

492(b)(1) of the HEA. Our goal is to 

establish a committee and subcommittee 

that will allow significantly affected 

parties to be represented while keeping 

the committee size manageable. 

We generally select a primary and 

alternate negotiator for each 

constituency represented on a 

committee. The primary negotiator 

participates for the purpose of 

determining consensus. The alternate 

participates for the purpose of 

determining consensus in the absence of 

the primary negotiator. The Department 

will provide more detailed information 

to both primary and alternate 

negotiators selected to participate on the 

committee about the logistics and 

protocols of the meetings. The 

subcommittee will only have a primary 

member. We will not select alternates 

for the subcommittee. 

Individuals who are not members of 

the committee will be able to observe 

the committee meetings, will have 

access to individuals representing their 

constituencies, and may be able to 

participate in informal working groups 

on various issues between the meetings. 

Constituencies for Negotiator 

Nominations 

We have identified the following 

constituencies as having interests that 

are significantly affected by the topics 

proposed for negotiation. We plan to 

include as negotiators individuals from 

organizations or groups representing 

these constituencies and/or individuals 

who are a part of the constituency. We 

particularly encourage organizations 

representing the interests of historically 

underserved and/or low-income 

communities to submit their 

nominations. Nominations must include 

evidence of the nominee’s specific 

knowledge in these areas, citing specific 

topics outlined in the Committee Topics 

section. Constituencies for the 

Affordability and Student Loans 

Committee are: 

(1) Dependent students—these are 

undergraduate students who are 

typically traditionally-aged college 

students. A student is a dependent 

student if they were required to enter 

both their and their parents’ information 

on their most recent FAFSA submission. 

(2) Independent students—these are 

often older or nontraditional students, 

such as students over the age of 24. 

Students who are married, have 

children or other dependents, or who 

were unaccompanied and homeless or 

at risk of being homeless are 

independent students. Independent 

students can be pursuing undergraduate 

or graduate studies. A student is an 

independent student if they were not 

required to enter their parents’ 

information on their most recent FAFSA 

submission. 

Note: Students who were formerly 

incarcerated and participated in 

postsecondary education while in 

prison are included in the independent 

and dependent student categories 

regardless of whether they received 

Federal student aid, and we encourage 

nominations for individuals with those 

experiences. For both student spots, we 

also encourage individuals or 

organizations representing low-income 

students to apply. 

(3) Student loan borrowers. This 

includes but is not limited to: Student 

loan borrowers who are currently 

repaying their student loans, student 

loan borrowers who defaulted or are 

currently in default, student loan 

borrowers who were in forbearance or 

are currently in the administrative 

(automatic) forbearance due to COVID– 

19, and student loan borrowers who 

prior to the administrative forbearance 

were delinquent (late) on their student 

loans payments. 

(4) Legal assistance organizations that 

represent students and/or borrowers. 

(5) U.S. military service members, 

veterans, or groups representing them. 

(6) State attorneys general. 

(7) State higher education executive 

officers, State authorizing agencies, and/ 

or State regulators of institutions of 

higher education and/or loan servicers. 

(8) Individuals with disabilities or 

groups representing them. 

(9) Financial aid administrators at 

postsecondary institutions. 

(10) Two-year public institutions of 

higher education. 

(11) Four-year public institutions of 

higher education. 

(12) Private nonprofit institutions of 

higher education. 

(13) Proprietary institutions. 

(14) Minority-serving institutions— 

institutions of higher education eligible 

to receive Federal assistance under title 

III, parts A, B, and F, and title V of the 

HEA, which include Historically Black 

Colleges and Universities, HispanicServing Institutions, American Indian 

Tribally Controlled Colleges and 

Universities, Alaska Native and Native 

Hawaiian-Serving Institutions, 

Predominantly Black Institutions, 

Native American-Serving Nontribal 

Institutions, and Asian American and 

Native American Pacific IslanderServing Institutions. 

(15) Federal Family Education Loan 

(FFEL) lenders and/or guaranty 

agencies. 

(16) Accrediting agencies. 

The goal of the committee is to 

develop proposed regulations that 

reflect a final consensus of the 

committee. Consensus means that there 

is no dissent by any member of a 

negotiating committee, including the 

committee member representing the 

Department. 

An individual selected as a negotiator 

is expected to represent the interests of 

their organization or group and to 

participate in the negotiations in a 

manner consistent with the goal of 

developing proposed regulations on 

which the committee will reach 

consensus. If consensus is reached, all 

members of the organization or group 

represented by a negotiator are bound 

by the consensus and are prohibited 

from commenting negatively on the 

resulting proposed regulations. The 

Department will not consider any such 

negative comments on the proposed 

regulations that are submitted by a 

member of such an organization. 

We are interested in nominations for 

members of the Prison Education 

Program Subcommittee from 

individuals who represent the following 

groups: 

(1) Consumer advocacy organizations. 

(2) Financial aid administrators. 

(3) Formerly incarcerated students. 

(4) Groups that represent incarcerated 

students. 

(5) Postsecondary institutions that are 

prison education program providers. 

(6) State correctional education 

directors. 

(7) State higher education executive 

officers. 

We encourage representatives from 

postsecondary institutions that are 

currently participating in the 

Department’s Second Chance Pell 

Experiment to submit nominations. For 

more information on the Second Chance 


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43612 Federal Register / Vol. 86, No. 151 / Tuesday, August 10, 2021 / Proposed Rules 

Pell experiment please visit: https://

experimentalsites.ed.gov/exp/ 

approved.html. 

Advisors 

The Department also invites 

nominations for two advisors. These 

advisors will not be members of the 

committee and will not impact the 

consensus vote; however, we will 

consult with the advisors, who will 

serve as a resource. We seek an advisor 

representing qualifying employers on 

the topic of Public Service Loan 

Forgiveness. The term ‘‘public service 

job’’ for purposes of the Public Service 

Loan Forgiveness program is defined in 

section 455(m)(3)(B) of the HEA as 

including jobs in: Emergency 

management, government (excluding 

time served as a member of Congress), 

military service, public safety, law 

enforcement, public health (including 

nurses, nurse practitioners, nurses in a 

clinical setting, and full-time 

professionals engaged in health care 

practitioner occupations and health care 

support occupations, as such terms are 

defined by the Bureau of Labor 

Statistics), public education, social work 

in a public child or family service 

agency, public interest law services 

(including prosecution or public 

defense or legal advocacy on behalf of 

low-income communities at a nonprofit 

organization), early childhood 

education (including licensed or 

regulated childcare, Head Start, and 

State funded prekindergarten), public 

service for individuals with disabilities, 

public service for the elderly, public 

library sciences, school-based library 

sciences and other school-based 

services, or at an organization that is 

described in section 501(c)(3) of the 

Internal Revenue Code of 1986 and 

exempt from taxation under section 

501(a) of such Code, or teaching as a 

full-time faculty member at a Tribal 

College or University as defined in 

section 316(b) of the HEA and other 

faculty teaching in high-needs subject 

areas or areas of shortage (including 

nurse faculty, foreign language faculty, 

and part-time faculty at community 

colleges), as determined by the 

Secretary. 

Additionally, we seek an advisor with 

expertise in economic and/or higher 

education policy analysis and higher 

education data to support the committee 

in evaluating and understanding its 

options. 

The advisors will be expected to be 

available throughout the duration of the 

Affordability and Student Loans 

Committee (excluding the Prison 

Education Program subcommittee) 

meetings, in the event that issues related 

to Public Service Loan Forgiveness 

arise. The Department will work with 

the committee and the advisors to 

determine more specific dates and times 

that the advisors must be present for the 

committee meetings. The advisors may 

be asked to provide information on their 

experience as an employer in a public 

service job and as an economist and/or 

higher education researcher, 

respectively. For example, the employer 

advisor should be prepared to relay how 

they assist employees with the 

Employment Certification Form or how 

the full-time employment requirement 

for the Public Service Loan Forgiveness 

Program impacts part-time employees. 

The economic and/or higher education 

research advisor should be prepared to 

examine data related to student loan 

repayment, including income-driven 

repayment plans. The advisors may also 

offer recommendations to the committee 

on regulatory language. 

Nominations 

We strongly suggest that nominations 

for both the committee and 

subcommittee include the information 

described in this section. The 

Department anticipates increased 

interest due to the number of topics, and 

nominations lacking that information 

may be more difficult for the 

Department to evaluate. We also suggest 

that nominees exclude any 

supplementary information that is not 

requested in this section. 

(1) The exact name of the 

constituency or constituencies the 

nominee is being nominated for (see 

Constituencies for Negotiator 

Nominations); 

(2) The name of the nominee; 

(3) The nominee’s place of 

employment or institution at which they 

are or were enrolled and, if different, the 

organization the nominee represents; 

(4) A resume or evidence of the 

nominee’s expertise and experience in 

the topics proposed for negotiations; 

and 

(5) The nominee’s contact 

information, including the nominee’s 

email address, telephone number, and 

physical mailing address or post office 

box. 

Please see the ADDRESSES section for 

submission information. If the 

nomination is submitted by the 

recommended email method to 

negregnominations@ed.gov, the 

submitter will receive an email 

confirmation of receipt. The Department 

will provide additional information to 

those we select to serve as negotiators. 

Once complete, a list of negotiators will 

be posted here: www2.ed.gov/policy/ 

highered/reg/hearulemaking/2021/ 

index.html. If a constituency does not 

have a qualifying nominee, the 

Department will also provide 

information at that site about how any 

vacancies can be filled at the beginning 

of the October 4, 2021 committee 

meeting. 

Schedule for Negotiations 

The Affordability and Student Loans 

Committee will meet for three sessions 

on the following dates: 

Session 1: October 4–8, 2021 

Session 2: November 1–5, 2021 

Session 3: December 6–10, 2021 

Times for the committee meetings 

will be published here: https://

www2.ed.gov/policy/highered/reg/ 

hearulemaking/2021/index.html. 

The Prison Education Program 

Subcommittee will meet for two 

sessions in October and November. The 

sessions will be three days each. We 

will announce the dates and times of the 

subcommittee meetings as soon as 

possible here: https://www2.ed.gov/ 

policy/highered/reg/hearulemaking/ 

2021/index.html. 

All negotiated rulemaking committee 

meetings will be conducted virtually 

and available for the public to view. 

Individuals who wish to observe the 

committee meetings will be required to 

register for each day they would like to 

observe. We will post registration links 

closer to the start of negotiations on our 

website at: www2.ed.gov/policy/ 

highered/reg/hearulemaking/2021/ 

index.html. The Department will also 

post recordings and transcripts of the 

meetings on that site. 

At the end of each day, the 

Department will reserve 30 minutes for 

public comment. We will provide 

information on how to request time to 

speak on our website at www2.ed.gov/ 

policy/highered/reg/hearulemaking/ 

2021/index.html. 

Accessible Format: On request to the 

program contact person listed under FOR

FURTHER INFORMATION CONTACT, 

individuals with disabilities can obtain 

this document and a copy of the 

application package 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 


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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 the 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. 

Program authority: 20 U.S.C. 1098a. 

Michelle Asha Cooper, 

Acting Assistant Secretary for Postsecondary 

Education. 

[FR Doc. 2021–16953 Filed 8–9–21; 8:45 am] 

BILLING CODE 4000–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R07–OAR–2021–0476; FRL–8757–01– 

R7] 

Air Plan Approval; Missouri; 

Restriction of Particulate Matter 

Emissions From Fuel Burning 

Equipment Used for Indirect Heating 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing approval of 

a State Implementation Plan (SIP) 

revision submitted by Missouri on 

January 19, 2021. Missouri requests that 

the EPA approve into Missouri’s SIP 

revisions to its rule related to the 

restriction of particulate matter 

emissions from fuel burning equipment 

used for indirect heating. These 

revisions add incorporation by reference 

information, remove unnecessary 

words, and make other editorial changes 

for clarity. The EPA believes that the 

revisions are administrative in nature, 

do not impact the stringency of the SIP 

and do not adversely impact air quality. 

The EPA’s proposed approval of this 

rule revision is being done in 

accordance with the requirements of the 

Clean Air Act (CAA). 

DATES: Comments must be received on 

or before September 9, 2021. 

ADDRESSES: You may send comments, 

identified by Docket ID No. EPA–R07– 

OAR–2021–0476 to https://

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Instructions: All submissions received 

must include the Docket ID No. for this 

rulemaking. Comments received will be 

posted without change to https://

www.regulations.gov/, including any 

personal information provided. For 

detailed instructions on sending 

comments and additional information 

on the rulemaking process, see the 

‘‘Written Comments’’ heading of the 

SUPPLEMENTARY INFORMATION section of 

this document. 

FOR FURTHER INFORMATION CONTACT: 

Robert F. Webber, Environmental 

Protection Agency, Region 7 Office, Air 

Permitting and Standards Branch, 11201 

Renner Boulevard, Lenexa, Kansas 

66219; telephone number: (913) 551– 

7251; email address: webber.robert@

epa.gov. 

SUPPLEMENTARY INFORMATION: 

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

and ‘‘our’’ refer to the EPA. 

Table of Contents 

I. Written Comments 

II. What is being addressed in this document? 

III. Have the requirements for approval of a 

SIP revision been met? 

IV. What action is the EPA proposing to take? 

V. Incorporation by Reference 

VI. Statutory and Executive Order Reviews 

I. Written Comments 

Submit your comments, identified by 

Docket ID No. EPA–R07–OAR–2021– 

4076, at https://www.regulations.gov. 

Once submitted, comments cannot be 

edited or removed from Regulations.gov. 

The EPA may publish any comment 

received to its public docket. Do not 

submit electronically any information 

you consider to be Confidential 

Business Information (CBI) or other 

information whose disclosure is 

restricted by statute. Multimedia 

submissions (audio, video, etc.) must be 

accompanied by a written comment. 

The written comment is considered the 

official comment and should include 

discussion of all points you wish to 

make. The EPA will generally not 

consider comments or comment 

contents located outside of the primary 

submission (i.e. on the web, cloud, or 

other file sharing system). For 

additional submission methods, the full 

EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

https://www.epa.gov/dockets/ 

commenting-epa-dockets. 

II. What is being addressed in this 

document? 

The EPA is proposing to approve 

revisions to the Missouri SIP received 

on January 19, 2021. The revisions are 

to Title 10, Division 10 of the Code of 

State Regulations (CSR), 10 CSR 10– 

6.405 ‘‘Restriction of Particulate Matter 

Emissions from Fuel Burning 

Equipment Used for Indirect Heating’’ 

which restricts the emission of 

particulate matter from fuel burning 

equipment used for indirect heating 

except where 10 CSR 10–6.070 would 

be applied. This rule applies throughout 

the state with additional conditions 

applicable to the metropolitan areas of 

Kansas City, Springfield, and St. Louis. 

These revisions add incorporation by 

reference information, remove 

unnecessary words, and make other 

editorial changes for clarity. These 

revisions are described in detail in the 

technical support document (TSD) 

included in the docket for this action. 

Missouri received two comments from 

the EPA during the comment period. 

Missouri addressed the comments from 

the EPA. The EPA is proposing to 

approve the revisions to this rule 

because it will not have a negative 

impact on air quality. 

III. 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 on this SIP revision from 

January 2, 2020 to April 2, 2020. The 

State received and addressed two 

comments from the EPA. As explained 

in more detail in the TSD which is part 

of this docket, the SIP revision 

submission meets the substantive SIP 

requirements of the CAA, including 

section 110 and implementing 

regulations. 

IV. What action is the EPA proposing to 

take? 

The EPA is proposing to approve 

Missouri’s request to revise 10 CSR 10– 

6.405. The EPA is soliciting comment 

on the substantive and administrative 

revisions detailed in this proposal and 

the TSD. The EPA is not soliciting 

comment on existing rule text that has 

been previously approved by the EPA 

into the SIP. Final rulemaking will 

occur after consideration of any 

comments. 

V. Incorporation by Reference 

In this document, the EPA is 

proposing to include regulatory text in 

an EPA final rule that includes 

incorporation by reference. In 

accordance with requirements of 1 CFR 

51.5, the EPA is proposing to 

incorporate by reference the Missouri 

Regulation described in the proposed 

amendments to 40 CFR part 52 set forth 


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