Federal Register / Vol. 86, No. 170 / Tuesday, September 7, 2021 / Rules and Regulations 49925 

necessary to provide for the safety of life 

and property along the navigable 

waterways. During the enforcement 

periods, all vessels that transit in the 

locations listed must adhere to the 

regulations unless specified by the 

Captain of the Port (COTP) or 

designated representative. 

DATES: The regulations in 33 CFR 

165.151 will be enforced for 9.3 Village 

of Island Park Labor Day Celebration 

Fireworks, 9.4 The Creek Fireworks, and 

9.7 Dolan Family Labor Day Fireworks 

regulated areas listed in the Table to 

§ 165.151 from 8:30 p.m. to 10:30 p.m. 

on September 4 and 6, 2021. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions about this 

notification of enforcement, call or 

email MST1 Chris Gibson, Waterways 

Management Division, U.S. Coast 

Guard; telephone 203–468–4565, email 

chris.a.gibson@uscg.mil. 

SUPPLEMENTARY INFORMATION: The Coast 

Guard will enforce the safety zones 

listed in 33 CFR 165.151 at the specified 

dates and times indicated below. 

TABLE 1 TO § 165.151 

9.3 Village of Island Park Labor Day Celebration Fireworks ................ • Date: September 4, 2021. From 8:30 p.m. to 10:30 p.m. 

• Location: Waters off Village of Island Park Fishing Pier, Village 

Beach, NY, in approximate position 40°36′30.95′′ N, 073°39′22.23′′ 

W (NAD 83). 

9.4 The Creek Fireworks ....................................................................... • Date: September 4, 2021. From 8:30 p.m. to 10:30 p.m. 

• Location: Waters of Long Island Sound off the Creek Golf Course, 

Lattingtown, NY, in approximate position 40°54′13′′ N, 073°35′58′′ W 

(NAD 83). 

9.7 Dolan Family Labor Day Fireworks ................................................. • Date: September 6, 2021. From 8:30 p.m. to 10:30 p.m. 

• Location: Waters of Oyster Bay Harbor in Long Island Sound off 

Oyster Bay, NY in approximate position 40°53′43.50′′ N, 

073°30′06.85′′ W. 

This action is being taken to provide 

for the safety of life on navigable 

waterways during these events. During 

the enforcement periods, as reflected in 

§ 165.151, the established safety zones 

prohibit persons and vessels entering 

into, transiting through, mooring, or 

anchoring unless they receive 

permission from the COTP or 

designated representative. 

This notification issued under 

authority 46 U.S.C. 70041 and 5 U.S.C. 

552 (a). In addition to this notice of 

enforcement in the Federal Register, the 

Coast Guard plans to provide 

notification of this enforcement period 

via the Local Notice to Mariners. If the 

COTP determines that the safety zone is 

no longer enforceable for the full 

duration in this notification, a Broadcast 

Notice to Mariners may grant 

permission to enter the regulated area. 

Dated: August 27, 2021. 

E.J. Van Camp, 

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

Port Long Island Sound. 

[FR Doc. 2021–19149 Filed 9–3–21; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2021–0052; FRL–8876–02– 

R3] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Maryland; Emissions Statement 

Requirement for the 2015 Ozone 

National Ambient Air Quality Standard 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving a state 

implementation plan (SIP) revision 

formally submitted by the Maryland 

Department of the Environment (MDE) 

on behalf of the State of Maryland. The 

revision provides the State of 

Maryland’s certification that its existing 

emissions statement program satisfies 

the emissions statement requirements of 

the Clean Air Act (CAA) for the 2015 

ozone National Ambient Air Quality 

Standard (NAAQS). EPA is approving 

the State of Maryland’s emissions 

statement program certification for the 

2015 ozone NAAQS as a SIP revision in 

accordance with the requirements of the 

CAA. 

DATES: This final rule is effective on 

October 7, 2021. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

Number EPA–R03–OAR–2021–0052. 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. 

FOR FURTHER INFORMATION CONTACT: 

Adam Yarina, Planning & 

Implementation Branch (3AD30), Air & 

Radiation Division, U.S. Environmental 

Protection Agency, Region III, 1650 

Arch Street, Philadelphia, Pennsylvania 

19103. The telephone number is (215) 

814–2108. Mr. Yarina can also be 

reached via electronic mail at 

yarina.adam@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On June 16, 2021 (86 FR 32006), EPA 

published a notice of proposed 

rulemaking (NPRM) proposing approval 

of a SIP revision for the State of 

Maryland. In the NPRM, EPA proposed 

approval of Maryland’s certification that 

Maryland’s emissions statement 

regulation meets the emissions 

statement requirement of section 

182(a)(3)(B) of the CAA for the 2015 

ozone NAAQS. The formal SIP revision 

was submitted by the State of Maryland, 


lotter on DSK11XQN23PROD with RULES1
49926 Federal Register / Vol. 86, No. 170 / Tuesday, September 7, 2021 / Rules and Regulations 

through the Maryland Department of the 

Environment, on July 6, 2020. 

II. Summary of SIP Revision and EPA 

Analysis 

On July 6, 2020, the State of 

Maryland, through the MDE, submitted 

a SIP revision to satisfy the emissions 

statement requirement of CAA section 

182(a)(3)(B) for the 2015 ozone NAAQS. 

EPA first approved Maryland’s SIP 

submittal satisfying CAA section 

182(a)(3)(B) on October 12, 1994 (59 FR 

51517) and has approved Maryland’s 

submissions for section 182(a)(3)(B) for 

each succeeding revision of the ozone 

NAAQS. Maryland’s emissions 

reporting requirements are codified in 

Code of Maryland Regulations (COMAR) 

26.11.01.05–1 ‘‘Emissions Statements.’’ 

COMAR 26.11.01.05–1 requires sources 

that emit above specified thresholds of 

Nitrogen Oxides (NOX) or Volatile 

Organic Compounds (VOC) to submit an 

emissions statement to the State. The 

emissions threshold for reporting varies 

according to the county in which the 

source is located. The statement must be 

submitted by a certified individual who 

can verify the source’s actual emissions. 

In Maryland’s July 6, 2020 SIP 

submittal, Maryland certifies that the 

existing COMAR 26.11.01.05–1 

‘‘Emissions Statements’’ continues to 

satisfy section 182(a)(3)(B) for the 2015 

ozone NAAQS because Maryland has 

not made any changes since EPA’s prior 

approval and COMAR 26.11.01.05–1 

meets the CAA requirements for 

emission statements. EPA finds that 

COMAR 26.11.01.05–1 continues to 

satisfy CAA section 182(a)(3)(B) because 

the existing rule is applicable to the 

entire State of Maryland and requires 

stationary sources that emit NOX or 

VOC to submit an emissions statement 

to the State detailing the sources’ 

emissions. EPA finds that Maryland’s 

emissions thresholds for stationary 

sources that are required to submit an 

emissions statement meet CAA 

requirements in sections 182 (plan 

submissions and requirements for ozone 

nonattainment areas) and 184 (Ozone 

Transport Region requirements). 

Therefore, EPA has determined that 

COMAR 26.11.01.05–1, which is 

currently in the Maryland SIP, is 

appropriate to address the emissions 

statement requirement in section 

182(a)(3)(B) and is approving this SIP 

revision. 

Other specific requirements of and the 

rationale for EPA’s proposed action are 

explained in the NPRM and will not be 

restated here. No public comments were 

received on the NPRM. 

III. Final Action 

EPA is approving, as a SIP revision, 

the State of Maryland’s July 6, 2020 

emissions statement certification for the 

2015 ozone NAAQS as approvable 

under CAA section 182(a)(3)(B). 

Maryland’s emissions statement 

certification certifies that Maryland’s 

existing SIP-approved emissions 

statement program under COMAR 

26.11.01.05–1 satisfies the requirements 

of CAA section 182(a)(3)(B) for the 2015 

ozone NAAQS. 

IV. Statutory and Executive Order 

Reviews 

A. General Requirements 

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 

section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the CAA; 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, this rule does not have 

tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian country 

located in the State, and EPA notes that 

it will not impose substantial direct 

costs on tribal governments or preempt 

tribal law. 

B. Submission to Congress and the 

Comptroller General 

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). 

C. Petitions for Judicial Review 

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 November 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, 

Nitrogen dioxide, Ozone, Reporting and 

recordkeeping requirements, Volatile 

organic compounds. 


lotter on DSK11XQN23PROD with RULES1
Federal Register / Vol. 86, No. 170 / Tuesday, September 7, 2021 / Rules and Regulations 49927 

Dated: August 28, 2021. 

Diana Esher, 

Acting Regional Administrator, Region III. 

For the reasons stated in the 

preamble, the EPA amends 40 CFR part 

52 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 V—Maryland 

■ 2. In § 52.1070, the table in paragraph 

(e) is amended by adding an entry for 

‘‘Emissions Statement Certification for 

the 2015 Ozone National Ambient Air 

Quality Standard’’ at the end of the table 

to read as follows: 

§ 52.1070 Identification of plan. 

* * * * * 

(e) * * * 

Name of non-regulatory 

SIP revision 

Applicable 

geographic 

area 

State 

submittal 

date 

EPA approval date Additional explanation 

*******

Emissions Statement Certification 

for the 2015 Ozone National Ambient Air Quality Standard.

State-wide ........ 7/6/20 9/7/21, [insert Federal Register citation].Certification that Maryland’s previously approved regulation at 

COMAR 26.11.01.05–1 meets 

the emission statement requirements for the 2015 ozone 

NAAQS. 

[FR Doc. 2021–19084 Filed 9–3–21; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF THE INTERIOR 

Office of the Secretary 

43 CFR Part 2 

[DOI–2020–0014; DS65100000, 

DWSN00000.000000, DP.65106, 

21XD4523WS] 

RIN 1090–AB13 

Privacy Act Regulations; Exemption 

for the Physical Security Access Files 

System 

AGENCY: Office of the Secretary, Interior. 

ACTION: Final rule. 

SUMMARY: The Department of the 

Interior is issuing a final rule to amend 

its regulations to exempt certain records 

in the INTERIOR/DOI–46, Physical 

Security Access Files, system of records 

from one or more provisions of the 

Privacy Act because of criminal, civil, 

and administrative law enforcement 

requirements. 

DATES: The final rule is effective 

September 7, 2021. 

FOR FURTHER INFORMATION CONTACT: Teri 

Barnett, Departmental Privacy Officer, 

U.S. Department of the Interior, 1849 C 

Street NW, Room 7112, Washington, DC 

20240, DOI_Privacy@ios.doi.gov or (202) 

208–1605. 

SUPPLEMENTARY INFORMATION: 

Background 

The Department of the Interior (DOI) 

published a notice of proposed 

rulemaking (NPRM) in the Federal 

Register at 85 FR 7515 (February 10, 

2020) proposing to exempt portions of 

the INTERIOR/DOI–46, Physical 

Security Access Files, system of records 

from certain provisions of the Privacy 

Act pursuant to 5 U.S.C. 552a(k)(2), 

(k)(3), and (k)(5) due to criminal, civil, 

and administrative law enforcement 

requirements. The INTERIOR/DOI–46, 

Physical Security Access Files, system 

of records notice (SORN) was published 

in the Federal Register at 85 FR 3406 

(January 21, 2020). Comments were 

invited on both the Physical Security 

Access Files SORN and NPRM. DOI 

received one comment on the SORN and 

one comment on the NPRM that were 

not relevant to the subject. The 

rulemaking will be implemented as 

proposed with three corrections. 

The word ‘‘Access’’ was inadvertently 

omitted from the system name in the 

NPRM. The system name is corrected to 

‘‘Physical Security Access Files’’ in 

paragraphs (c)(19), (d)(1), and (e)(5) of 

this final rule, which is consistent with 

the INTERIOR/DOI–46 SORN published 

in the Federal Register at 85 FR 3406 

(January 21, 2020). Paragraph (b)(18) of 

the NPRM was reserved for the 

INTERIOR/BSEE–01, Investigations 

Case Management System (CMS), which 

became effective when the final rule 

was published in the Federal Register at 

85 FR 1282 (January 10, 2020). 

Paragraph (b)(18) has been redesignated 

to (c)(18) for the INTERIOR/BSEE–01, 

Investigations Case Management System 

(CMS), as described in this final rule. A 

non-substantive editorial change was 

made to correct the formatting for the 

list of exempt systems in subsection 

2.254 paragraphs (c), (d) and (e) to 

reflect the SORN number followed by 

the SORN title to be consistent with 

DOI’s current SORN format. 

Procedural Requirements 

1. Regulatory Planning and Review 

(Executive Orders 12866 and 13563) 

Executive Order 12866 provides that 

the Office of Information and Regulatory 

Affairs in the Office of Management and 

Budget will review all significant rules. 

The Office of Information and 

Regulatory Affairs has determined that 

this rule is not significant. 

Executive Order 13563 reaffirms the 

principles of E.O. 12866 while calling 

for improvements in the nation’s 

regulatory system to promote 

predictability, to reduce uncertainty, 

and to use the best, most innovative, 

and least burdensome tools for 

achieving regulatory ends. The 

executive order directs agencies to 

consider regulatory approaches that 

reduce burdens and maintain flexibility 

and freedom of choice for the public 

where these approaches are relevant, 

feasible, and consistent with regulatory 

objectives. E.O. 13563 emphasizes 

further that regulations must be based 

on the best available science and that 

the rulemaking process must allow for 

public participation and an open 

exchange of ideas. DOI developed this 

rule in a manner consistent with these 

requirements. 


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