Federal Register / Vol. 86, No. 161 / Tuesday, August 24, 2021 / Rules and Regulations 47219 

supporting this determination is 

available in the docket. For instructions 

on locating the docket, see the 

ADDRESSES section of this preamble. 

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 safety of 

people, places or vessels. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, 

Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 1. The authority citation for part 165 

continues to read as follows: 

Authority: 46 U.S.C. 70034, 70051; 33 CFR 

1.05–1, 6.04–1, 6.04–6, and 160.5; 

Department of Homeland Safety Delegation 

No. 0170.1, Revision No. 01.2. 

■ 2. Add § 165.T01–0656 to read as 

follows: 

§ 165.T01–0656 Safety zone; Block Island 

Sound, Block Island, RI. 

(a) Location. The following area is a 

safety zone: All navigable waters in 

Rhode Island Sound within 500 yards of 

the swimmer crossing the recommended 

vessel route at approximately 41–17.5N, 

71–32.0W, during his participation in 

the ‘‘Solo Swim’’ from Block Island, 

Rhode Island to East Matunuck, Rhode 

Island. 

(b) Enforcement period. This section 

will be enforced from 6 a.m. through 2 

p.m. on August 23, 2021, August 24, 

2021, or August 25, 2021. 

(c) Regulations. (1) Under the general 

safety zone regulations in subpart C of 

this part, you may not enter the safety 

zone described in paragraph (a) of this 

section unless authorized by the COTP 

or the COTP’s designated representative. 

A designated representative is a 

commissioned, warrant, or petty officer 

of the U.S. Coast Guard assigned to 

units under the operational control of 

U.S. Coast Guard Sector Southeastern 

New England. 

(2) Vessels requiring entry into this 

safety zone must request permission 

from the COTP or a designated 

representative. To seek entry into the 

safety zone, contact the COTP or the 

COTP’s representative by telephone at 

508–457–3211 or on VHF–FM channel 

16. 

(3) Persons and vessels permitted to 

enter this safety zone must transit at 

their slowest safe speed and comply 

with all lawful directions issued by the 

COTP or the designated representative. 

(d) Information broadcasts. The COTP 

or a designated representative will 

inform the public through Broadcast 

Notice to Mariners of any changes in the 

planned schedule. 

Dated: August 18, 2021. 

P.J. Mangini, 

Commander, U.S. Coast Guard, Acting 

Captain of the Port Sector Southeastern New 

England. 

[FR Doc. 2021–18095 Filed 8–23–21; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 70 

[EPA–R07–OAR–2021–0416; FRL–8695–02– 

R7] 

Air Plan Approval; Missouri; Revision 

to Emission Data, Emission Fees and 

Process Information Rule 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking final action to 

approve a State Implementation Plan 

(SIP) and Operating Permits Program 

revision submitted by the State of 

Missouri on May 25, 2021. These 

revisions update the listed emission 

reporting years and update the 

emissions fee for permitted sources as 

set by Missouri Statute from $48 per ton 

of air pollution emitted annually to $53 

in calendar year 2021 and $55 per ton 

of air pollution emitted annually for 

emissions in calendar year 2022 and 

beyond; effective March 30, 2021. 

DATES: This final rule is effective on 

September 23, 2021. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–R07–OAR–2021–0416. 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: 

Jason Heitman, Environmental 

Protection Agency, Region 7 Office, Air 

Quality Planning Branch, 11201 Renner 

Boulevard, Lenexa, Kansas 66219; 

telephone number: (913) 551–7664; 

email address: heitman.jason@epa.gov. 

SUPPLEMENTARY INFORMATION: 

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

and ‘‘our’’ refer to EPA. A technical 

support document (TSD) is included in 

the rulemaking docket for the proposed 

rule. 

Table of Contents 

I. Background 

II. What is being addressed in this document? 

III. Have the requirements for approval of a 

SIP and part 70 revision been met? 

IV. What action is the EPA taking? 

V. Incorporation by Reference 

VI. Statutory and Executive Order Reviews 

I. Background 

On June 30, 2021, the EPA proposed 

to approve Missouri’s submitted SIP and 

Operating Permits Program revision in 

the Federal Register (86 FR 34677). The 

EPA solicited comments on the 

proposed approval of the submission 

and received no comments. 

II. What is being addressed in this 

document? 

The EPA is approving revisions to the 

Missouri State Implementation Plan 

(SIP) and title V Operating Permits 

Program, 10–6.110 ‘‘Reporting Emission 

Data, Emission Fees, and Process 

Information,’’ submitted to the EPA on 

May 25, 2021. Revisions to the program 

include updating emission reporting 

years and increasing the annual 

emission fee. The annual emission fee 

will increase from $48 per ton of air 

pollution emitted annually to $53 in 

calendar year 2021 and increase again to 

$55 per ton of air pollution emitted 

annually for emissions in calendar year 

2022 and beyond; effective March 30, 

2021. 

III. Have the requirements for approval 

of a SIP and part 70 revision been met? 

The State 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 a public 

comment period for this Operating 

Permits Program and SIP revision from 

August 17, 2020, to October 1, 2020, and 

received one comment in support of the 


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47220 Federal Register / Vol. 86, No. 161 / Tuesday, August 24, 2021 / Rules and Regulations 

revision. The revision meets the 

substantive SIP requirements of the 

Clean Air Act (CAA), including section 

110 and implementing regulations and 

is consistent with applicable EPA 

requirements in title V of the CAA and 

40 CFR part 70. The public comment 

period on the EPA’s proposed rule 

opened June 30, 2021, the date of its 

publication in the Federal Register, and 

closed on July 30, 2021. During this 

period, the EPA received no comments. 

IV. What action is the EPA taking? 

The EPA is approving the State’s 

revision to 10 C.S.R. 10–6.110 

‘‘Reporting Emission Data, Emission 

Fees, and Process Information’’, 

submitted by the State of Missouri on 

May 25, 2021. This revision updates the 

emissions fee for permitted sources in 

section (3)(A) and the emission 

reporting years in Table 4 of section 

(4)(B), as set by Missouri Statute. 

Specifically, section (3)(A) revises the 

emission fees section, which is 

approved under the Operating Permits 

Program only, and updates the 

emissions fee for permitted sources as 

set by Missouri Statute from $48 per ton 

of air pollution emitted annually to $53 

in calendar year 2021 and $55 per ton 

of air pollution emitted annually for 

emissions in calendar year 2022 and 

beyond; effective March 30, 2021. 

Additional information on the EPA’s 

analysis can be found in the Technical 

Support Document (TSD) included in 

this docket. 

V. Incorporation by Reference 

The EPA is including regulatory text 

in this EPA final rule that includes 

incorporation by reference. In 

accordance with requirements of 1 CFR 

51.5, the EPA is incorporating by 

reference the Missouri Regulation 

described in the amendments to 40 CFR 

part 52 set forth below. The EPA has 

made, and will continue to make, these 

materials generally available through 

www.regulations.gov and at the EPA 

Region 7 Office (please contact the 

person identified in the FOR FURTHER

INFORMATION CONTACT section of this 

preamble for more information). 

VI. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

Act and applicable Federal regulations. 

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

Thus, in reviewing SIP submissions, the 

EPA’s role is to approve state choices, 

provided that they meet the criteria of 

the 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 the EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, the SIP is not approved 

to apply on any Indian reservation land 

or in any other area where the EPA or 

an Indian tribe has demonstrated that a 

tribe has jurisdiction. In those areas of 

Indian country, the rule does not have 

tribal implications and will not impose 

substantial direct costs on tribal 

governments or preempt tribal law as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000). 

The Congressional Review Act, 5 

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

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. The EPA will 

submit a report containing this action 

and other required information to the 

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

Representatives, and the Comptroller 

General of the United States prior to 

publication of the rule in the Federal 

Register. A major rule cannot take effect 

until 60 days after it is published in the 

Federal Register. This action is not a 

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

804(2). 

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

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by October 25, 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 

40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Reporting and recordkeeping 

requirements. 

40 CFR Part 70 

Environmental protection, 

Administrative practice and procedure, 

Air pollution control, Intergovernmental 

relations, Operating permits, Reporting 

and recordkeeping requirements. 

Dated: August 12,2021. 

Edward H. Chu, 

Acting Regional Administrator, Region 7. 

For the reasons stated in the 

preamble, the EPA amends 40 CFR parts 

52 and 70 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. 

Subpart AA–Missouri 

■ 2. In § 52.1320, the table in paragraph 

(c) is amended by revising the entry 

‘‘10–6.110’’ to read as follows: 

§ 52.1320 Identification of plan. 

* * * * * 

(c) * * * 


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Federal Register / Vol. 86, No. 161 / Tuesday, August 24, 2021 / Rules and Regulations 47221 

EPA–APPROVED MISSOURI REGULATIONS

Missouri citation Title State effective 

date EPA approval date Explanation 

Missouri Department of Natural Resources 

*******

Chapter 6—Air Quality Standards, Definitions, Sampling and Reference Methods, and Air Pollution Control Regulations for the State of 

Missouri 

*******

10–6.110 ........... Reporting Emission Data, Emission Fees, and Process Information.3/30/2021 8/24/2021, [Insert Federal Register citation].Section (3)(A), Emission Fees, 

has not been approved as part 

of the SIP. 

* * * * * * * 

* * * * * 

PART 70—STATE OPERATING PERMIT 

PROGRAMS 

■ 3. The authority citation for part 70 

continues to read as follows: 

Authority: 42 U.S.C. 7401, et seq. 

■ 4. In appendix A to part 70 the entry 

for ‘‘Missouri’’ is amended by adding 

paragraph (jj) to read as follows: 

Appendix A to Part 70—Approval 

Status of State and Local Operating 

Permits Programs 

* * * * * 

Missouri 

* * * * * 

(jj) The Missouri Department of 

Natural Resources submitted revisions 

to Missouri rule 10 CSR 10–6.110, 

‘‘Reporting Emission Data, Emission 

Fees, and Process Information’’ on May 

25, 2021. The state effective date is 

March 30, 2021. This revision is 

effective September 23, 2021. 

* * * * * 

[FR Doc. 2021–17713 Filed 8–23–21; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 17 

[Docket No. FWS–R1–ES–2018–0044; 

FF09E21000 FXES11110900000 212] 

RIN 1018–BD25 

Endangered and Threatened Wildlife 

and Plants; Endangered Species 

Status for Franklin’s Bumble Bee 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Final rule. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service (Service), are listing the 

Franklin’s bumble bee (Bombus 

franklini), an invertebrate species from 

Douglas, Jackson, and Josephine 

Counties in Oregon, and Siskiyou and 

Trinity Counties in California, as an 

endangered species under the 

Endangered Species Act of 1973, as 

amended (Act). This rule adds this 

species to the Federal List of 

Endangered and Threatened Wildlife 

and applies the protections of the Act to 

this species. We are not designating 

critical habitat for the Franklin’s bumble 

bee because we determined that such a 

designation would not be beneficial to 

the species. 

DATES: This rule is effective September 

23, 2021. 

ADDRESSES: This final rule and 

supporting documents are available on 

the internet at http://

www.regulations.gov in Docket No. 

FWS–R1–ES–2018–0044, or at https://

ecos.fws.gov. 

FOR FURTHER INFORMATION CONTACT: Paul 

Henson, Field Supervisor, U.S. Fish and 

Wildlife Service, Oregon Fish and 

Wildlife Office, 2600 SE 98th Ave., 

Suite 100, Portland, OR 97266; 

telephone 503–231–6179. Persons who 

use a telecommunications device for the 

deaf (TDD) may call the Federal Relay 

Service at 800–877–8339. 

SUPPLEMENTARY INFORMATION: 

Executive Summary 

Why we need to publish a rule. Under 

the Act, if we determine that a species 

may be an endangered or threatened 

species throughout all or a significant 

portion of its range, we are required to 

promptly publish a proposal in the 

Federal Register and make a 

determination on our proposal within 1 

year. To the maximum extent prudent 

and determinable, we must designate 

critical habitat for any species that we 

determine to be an endangered or 

threatened species under the Act. 

Listing a species as an endangered or 

threatened species and designation of 

critical habitat can only be completed 

by issuing a rule. 

What this document does. This rule 

lists Franklin’s bumble bee (Bombus 

franklini) as an endangered species 

under the Act. We are not designating 

critical habitat because we determined 

that a designation is not prudent for this 

species. 

The basis for our action. Under the 

Act, we may determine that a species is 

an endangered or threatened species 

because of any of five factors: (A) The 

present or threatened destruction, 

modification, or curtailment of its 

habitat or range; (B) overutilization for 

commercial, recreational, scientific, or 

educational purposes; (C) disease or 

predation; (D) the inadequacy of 

existing regulatory mechanisms; or (E) 

other natural or manmade factors 

affecting its continued existence. We 

have determined that Franklin’s bumble 

bee meets the definition of an 

endangered species and therefore 

warrants protection under the Act. The 

threats to the species of pathogens, 

pesticides, and small population size 

are ongoing and rangewide; they are 

likely to continue to act individually 

and in combination to decrease the 

viability of the Franklin’s bumble bee. 

The risk of extinction is high, the 

suspected threats to the species persist, 

and the number of remaining Franklin’s 

bumble bees is presumably very small, 

as the species has not been observed 

since 2006. Existing regulatory 

mechanisms or conservation measures 

in place do not appreciably reduce or 

ameliorate the existing threats to the 


lotter on DSK11XQN23PROD with RULES1