47580 Federal Register / Vol. 86, No. 163 / Thursday, August 26, 2021 / Rules and Regulations 

1 86 FR 30204. 

2 86 FR 30234. 

representative or other appropriate 

means in accordance with 33 CFR 165.7. 

(2) These security zones may be 

enforced individually or 

simultaneously. 

Dated: August 20, 2021. 

Jonathan D. Theel, 

Captain, U.S. Coast Guard, Captain of the 

Port, Delaware Bay. 

[FR Doc. 2021–18427 Filed 8–25–21; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2021–0341; FRL–8728–02– 

R9] 

Severe Area Submission Requirements 

for the 2008 Ozone NAAQS; California; 

Eastern Kern Nonattainment Area 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: Under the Clean Air Act, the 

Environmental Protection Agency (EPA) 

is establishing a schedule for the the 

California Air Resources Board (CARB) 

to submit revisions to the state 

implementation plan (SIP) addressing 

‘‘Severe’’ area requirements for the 2008 

8-hour ozone national ambient air 

quality standards (NAAQS) for the 

Eastern Kern nonattainment area 

(‘‘Eastern Kern’’). CARB will be required 

to submit SIP revisions addressing 

Severe area requirements for Eastern 

Kern, including revisions to new source 

review (NSR) rules, no later than 

January 7, 2023. Submittal of any 

necessary revisions to the title V rules 

that apply in Eastern Kern are due no 

later than January 7, 2022. Lastly, the 

EPA is establishing a deadline for 

implementation of new reasonably 

available control technology (RACT) 

rules as expeditiously as practicable but 

no later than July 7, 2024. 

DATES: This rule is effective September 

27, 2021. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–R09–OAR–2021–0341. 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: Ben 

Leers, Air Planning Office (AIR–2), EPA 

Region IX, (415) 947–4279, leers.ben@

epa.gov. 

SUPPLEMENTARY INFORMATION: 

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

and ‘‘our’’ refer to the EPA. 

Table of Contents 

I. Background 

II. Public Comment Period 

III. Final Action 

IV. Statutory and Executive Order Reviews 

I. Background 

On June 7, 2021, the EPA issued a 

final rulemaking granting a request by 

CARB to reclassify Eastern Kern from 

‘‘Serious’’ to Severe for the 2008 ozone 

NAAQS under section 181(b)(3) of the 

Clean Air Act (CAA).1 Our 

reclassification of Eastern Kern from 

Serious to Severe is in effect as of July 

7, 2021. In a separate document 

published on June 7, 2021, the EPA 

proposed a schedule for CARB to submit 

revisions to the California SIP 

addressing Severe area requirements for 

the 2008 ozone NAAQS and to submit 

revisions to the title V operating permit 

rules for Eastern Kern.2

Our June 7, 2021 proposed rule 

includes background information 

concerning the EPA’s promulgation of 

the 2008 ozone NAAQS and history of 

the designation and classification of 

Eastern Kern for the 2008 ozone 

NAAQS. Our proposed rule also 

describes the Severe area SIP 

requirements that apply to Eastern Kern 

as a result of the reclassification and 

proposes a schedule for CARB to submit 

Severe area SIP requirements and title V 

rule revisions. 

More specifically, in our proposed 

rule, we proposed to establish a 

deadline for CARB to submit SIP 

revisions addressing Severe area 

requirements for Eastern Kern, 

including revisions to NSR rules, no 

later than 18 months from the effective 

date of the EPA’s final rule reclassifying 

Eastern Kern to Severe for the 2008 

ozone NAAQS. We also proposed to 

establish a deadline of no later than six 

months from the effective date of the 

reclassification for CARB to submit any 

corresponding revisions to title V rules 

for Eastern Kern. Lastly, we proposed to 

establish a deadline for implementation 

of new RACT rules in Eastern Kern as 

expeditiously as practicable but no later 

than 18 months from the date when the 

Severe area RACT SIP is due. The 

effective date of the EPA’s final rule 

reclassifying Eastern Kern to Severe for 

the 2008 ozone NAAQS is July 7, 2021. 

In this final rule, we are taking final 

action to establish the various deadlines 

based on the July 7, 2021 effective date 

for reclassification. 

II. Public Comment Period 

The public comment period on the 

proposed rule opened on June 7, 2021, 

the date of its publication in the Federal 

Register, and closed on July 7, 2021. 

During this period, the EPA did not 

receive any comments on our proposed 

action. 

III. Final Action 

For the reasons described in our June 

7, 2021 proposed rule, the EPA is 

invoking its CAA section 301(a) 

authority to establish a deadline of no 

later than January 7, 2023 (i.e., 18 

months from the effective date of our 

final rule reclassifying Eastern Kern as 

Severe) for CARB to submit SIP 

revisions addressing all Severe area SIP 

elements for the Eastern Kern ozone 

nonattainment area. We are also 

establishing a deadline of January 7, 

2022 (i.e., six months from the effective 

date of reclassification to Severe) for 

CARB to submit any necessary revisions 

to title V rules for Eastern Kern. Lastly, 

the EPA is establishing a deadline for 

implementation of Severe area RACT 

controls in Eastern Kern as 

expeditiously as practicable but no later 

than July 7, 2024 (i.e., 18 months from 

the date when the Severe area RACT SIP 

is due, or 36 months from the effective 

date of reclassification to Severe). 

IV. Statutory and Executive Order 

Reviews 

Under Executive Orders 12866 (58 FR 

51735, October 4, 1993) and 13563 (76 

FR 3821, January 21, 2011), this action 

is not a ‘‘significant regulatory action’’ 

and therefore is not subject to review by 

the Office of Management and Budget. 

Because the statutory requirements are 

clearly defined with respect to the 

differently classified areas, and because 

those requirements are automatically 

triggered by classification, the timing of 

the submittal of the Severe area 

requirements does not impose a 

materially adverse impact under 


jbell on DSKJLSW7X2PROD with RULES
Federal Register / Vol. 86, No. 163 / Thursday, August 26, 2021 / Rules and Regulations 47581 

Executive Order 12866. For these 

reasons, this action is also not subject to 

Executive Order 13211, ‘‘Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use’’ (66 FR 28355, May 

22, 2001). 

In addition, I certify that this action 

will not have a significant economic 

impact on a substantial number of small 

entities under the Regulatory Flexibility 

Act (5 U.S.C. 601 et seq.), because the 

action addresses only the timing of 

submittals required by the Clean Air 

Act. For the same reason, this action 

does not have regulatory requirements 

that might significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4). 

Executive Order 13175 (65 FR 67249, 

November 9, 2000) requires the EPA to 

develop an accountable process to 

ensure ‘‘meaningful and timely input by 

tribal officials in the development of 

regulatory policies that have tribal 

implications.’’ ‘‘Policies that have tribal 

implications’’ is defined in the 

Executive Order to include regulations 

that have ‘‘substantial direct effects on 

one or more Indian tribes, on the 

relationship between the Federal 

government and Indian tribes, or on the 

distribution of power and 

responsibilities between the Federal 

government and Indian tribes.’’ There 

are no Indian reservation lands or other 

areas where the EPA or an Indian tribe 

has demonstrated that a tribe has 

jurisdiction within the Eastern Kern 

ozone nonattainment area, and thus, 

this action 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. 

This action also does not have 

federalism implications because it does 

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, as specified in 

Executive Order 13132 (64 FR 43255, 

August 10, 1999). This action does not 

alter the relationship, or the distribution 

of power and responsibilities 

established in the Clean Air Act. 

This rule also is not subject to 

Executive Order 13045 (62 FR 19885, 

April 23, 1997). The EPA interprets 

Executive Order 13045 as applying only 

to those regulatory actions that concern 

environmental health or safety risks 

such that the analysis required under 

section 5–501 of the Executive Order 

has the potential to influence the 

regulation. This action does not concern 

an environmental health risk or safety 

risk. 

As this action establishes a deadline 

for the submittal of CAA required plans 

and information, the requirements of 

section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) do not 

apply. This rule does not impose an 

information collection burden under the 

provisions of the Paperwork Reduction 

Act of 1995 (44 U.S.C. 3501 et seq.). 

Executive Order 12898 (59 FR 7629, 

February 16, 1994) establishes Federal 

executive policy on environmental 

justice. Its main provision directs 

Federal agencies, to the greatest extent 

practicable and permitted by law, to 

make environmental justice part of their 

mission by identifying and addressing, 

as appropriate, disproportionately high 

and adverse human health or 

environmental effects of their programs, 

policies, and activities on minority 

populations and low-income 

populations in the United States. This 

action addresses the timing for the 

submittal of Severe area ozone planning 

requirements, and we find that it does 

not have disproportionately high and 

adverse human health or environmental 

health effects on minority populations, 

low-income populations and/or 

indigenous peoples, as specified in 

Executive Order 12898. 

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 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 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 in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen dioxide, Ozone, Volatile 

organic compounds. 

Dated: August 19, 2021. 

Deborah Jordan, 

Acting Regional Administrator, Region IX. 

[FR Doc. 2021–18344 Filed 8–25–21; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL ACQUISITION SECURITY 

COUNCIL 

41 CFR Parts 201 and 201–1 

Federal Acquisition Security Council 

Rule 

AGENCY: Federal Acquisition Security 

Council. 

ACTION: Final rule. 

SUMMARY: As authorized by the Federal 

Acquisition Supply Chain Security Act 

of 2018 (FASCSA), the Federal 

Acquisition Security Council (FASC) is 

issuing this final rule to implement the 

requirements of the laws that govern the 

operation of the FASC, the sharing of 

supply chain risk information, and the 

exercise of the FASC’s authorities to 

recommend issuance of removal and 

exclusion orders to address supply 

chain security risks. This rule finalizes 

the interim final rule and corrects the 

codification structure of the interim 

final rule. 

DATES: Effective September 27, 2021. 

FOR FURTHER INFORMATION CONTACT: 

Kosta I. Kalpos, 202–881–9601, 

Konstandinos.I.Kalpos@omb.eop.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

Information and communications 

technology and services (ICTS) are 

essential to the proper functioning of 

U.S. Government information systems. 

The U.S. Government’s efforts to 

evaluate threats to and vulnerabilities in 

ICTS supply chains have historically 

been ad hoc, undertaken by individual 

or small groups of agencies to address 

specific supply chain security risks. 

Because of the scale of supply chain 

risks faced by Government agencies, and 

the need for Government-wide 

coordination, Congress adopted new 

legislation in 2018 to improve executive 

branch coordination, supply chain 

information sharing, and actions to 

address supply chain risks. 


jbell on DSKJLSW7X2PROD with RULES