Federal Register / Vol. 86, No. 180 / Tuesday, September 21, 2021 / Rules and Regulations 52413 

provides that an agency is not required 

to publish a notice of proposed 

rulemaking in the Federal Register and 

solicit public comments when the 

agency has good cause to find that doing 

so would be ‘‘impracticable, 

unnecessary, or contrary to the public 

interest.’’ 5 U.S.C. 553(b)(3)(B). The 

Department finds that good cause exists 

to dispense with the notice and public 

comment procedures for this final rule, 

as it concludes that such procedures are 

unnecessary because this rule merely 

extends the effective date of the Joint 

Employer Rescission Final Rule by 7 

days in order to comply with the 

effective date requirements of the CRA 

for major rules. Moreover, the Joint 

Employer Rescission Final Rule was 

promulgated pursuant to notice and 

comment rulemaking, and this rule does 

not make any changes to that rule other 

than the brief delay of the effective date. 

86 FR 40939 (July 30, 2021). Therefore, 

the Department is issuing this delay of 

effective date as a final rule. 

Section 553(d) of the APA also 

provides that substantive rules should 

take effect not less than 30 days after the 

date they are published in the Federal 

Register unless ‘‘otherwise provided by 

the agency for good cause found[.]’’ 5 

U.S.C. 553(d)(3). Since this rule merely 

delays the effective date of the Joint 

Employer Rescission Final Rule by 7 

days as required by the CRA, and makes 

no other changes to that rule, the 

Department finds that it is unnecessary 

to delay the effective date of this action 

by 30 days. Accordingly, the 

Department finds that good cause exists 

to make this delay of effective date 

action effective on the date of 

publication. 

Section 808 of the CRA provides that 

a rule shall take effect at the time 

determined by the promulgating agency 

when the agency for good cause finds 

that ‘‘notice and public procedure 

thereon are impracticable, unnecessary, 

or contrary to the public interest.’’ 5 

U.S.C. 808(2). The Department finds 

that good cause exists to dispense with 

notice and public procedure for this 

final rule, as it concludes that such 

procedures are unnecessary. As noted 

above, the Joint Employer Rescission 

Final Rule was published on July 30, 

2021, with an effective date of 

September 28, 2021, and this rule 

merely delays the effective date of that 

rule by 7 days to comply with the 

requirements of the CRA. Therefore, the 

Department finds that good cause exists 

to make this delay of effective date 

effective on the date of publication. 

However, consistent with the CRA, the 

Department will submit to Congress and 

the Comptroller General the reports 

required by the Act. 5 U.S.C. 

801(a)(1)(A)–(B). 

Signed on September 10, 2021. 

Jessica Looman, 

Acting Administrator, Wage and Hour 

Division. 

[FR Doc. 2021–20100 Filed 9–20–21; 8:45 am] 

BILLING CODE 4510–27–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2021–0726] 

Safety Zones; Annual Events 

Requiring Safety Zones in the Captain 

of the Port Lake Michigan Zone—Corn 

Festival Fireworks, Morris, IL 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of enforcement of 

regulation. 

SUMMARY: The Coast Guard will enforce 

a safety zone for the Corn Festival 

Fireworks event on a portion of the 

Illinois River in Morris, IL. This action 

is intended to protect personnel, 

vessels, and the marine environment 

from potential hazards created by the 

fireworks display. During the 

enforcement period listed below, entry 

into, transiting, or anchoring within the 

safety zone is prohibited unless 

authorized by the Captain of the Port 

Lake Michigan or a designated 

representative. 

DATES: The regulation in Title 33 Code 

of Federal Regulations (CFR) 165.929 

Table 1, Event (19) will be enforced 

from 8:15 p.m. through 9 p.m. on 

September 25, 2021. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions about this notice of 

enforcement, call or email LT James 

Fortin, Waterways Management 

Division, Marine Safety Unit Chicago, 

U.S. Coast Guard; telephone: (630) 986– 

2155, email: D09-DG-MSUChicagoWaterways@uscg.mil. 

SUPPLEMENTARY INFORMATION: The Coast 

Guard will enforce the Safety Zone; 

Corn Festival Fireworks listed as Event 

(19) in Table 1 of 33 CFR 165.929. 

Section 165.929 lists many annual 

events requiring safety zones in the 

Captain of the Port Lake Michigan zone. 

This safety zone consists of all waters of 

the Illinois River within a 560-foot 

radius from approximate launch 

position at 41°21.173′ N, 088°25.101′ W. 

This safety zone will be enforced from 

8:15 p.m. through 9 p.m. on September 

25, 2021. 

All vessels must obtain permission 

from the Captain of the Port Lake 

Michigan, or his or her designated onscene representative to enter, move 

within, or exit this safety zone during 

the enforcement times listed in this 

notice of enforcement. Requests must be 

made in advance and approved by the 

Captain of the Port before transits will 

be authorized. Approvals will be 

granted on a case-by-case basis. Vessels 

and persons granted permission to enter 

the safety zone shall obey all lawful 

orders or directions of the Captain of the 

Port Lake Michigan or a designated onscene representative. 

This notice of enforcement is issued 

under the authority of 33 CFR 165.929, 

Safety Zone; annual events requiring 

safety zones in the Captain of the Port 

Lake Michigan Zone and 5 U.S.C. 

552(a). In addition to this notification of 

enforcement in the Federal Register, the 

Coast Guard will provide the maritime 

community with notification of this 

enforcement period via Broadcast 

Notice to Mariners. The Captain of the 

Port Lake Michigan or a designated onscene representative may be contacted 

via VHF Channel 16 or (414) 747–7182. 

Dated: September 15, 2021. 

Donald P. Montoro, 

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

Port, Lake Michigan. 

[FR Doc. 2021–20360 Filed 9–20–21; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R07–OAR–2019–0708; FRL–8711–02– 

R7] 

Air Plan Approval; Iowa; Polk County; 

State Implementation Plan 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving revisions to 

the Iowa State Implementation Plan 

(SIP) to include changes to the Polk 

County Board of Health Rules and 

Regulations in addition to revisions 

from past submittals. The revisions 

update definitions and references to the 

effective dates of Federal rules approved 

into the State’s SIP, prohibit burning of 

demolished buildings, update references 

to methods and procedures for 

performance test/stack test and 

continuous monitoring systems, and 

revise permitting exemptions. These 

revisions will not adversely impact air 


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52414 Federal Register / Vol. 86, No. 180 / Tuesday, September 21, 2021 / Rules and Regulations 

1 62 FR 27968, May 22, 1997. 

quality and will ensure consistency 

between the State and Federally 

approved rules. 

DATES: This final rule is effective on 

October 21, 2021. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–R07–OAR–2019–0708. 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: 

Stephanie Doolan, Environmental 

Protection Agency, Region 7 Office, Air 

Quality Planning Branch, 11201 Renner 

Boulevard, Lenexa, Kansas 66219; (913) 

551–7719; email address: 

doolan.stephanie@epa.gov. 

SUPPLEMENTARY INFORMATION: 

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

and ‘‘our’’ refer to the 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 approving updates to 

Chapter V of the Polk County Board of 

Health Rules and Regulations pertaining 

to air quality into Iowa’s SIP. Detailed 

information regarding the revisions is 

included in the Technical Support 

Document (TSD) that is in the docket for 

the EPA’s proposed approval (88 FR 

40392, July 28, 2021). 

The revisions to the Iowa SIP 

incorporate Polk County’s updated 

definitions and references to the 

effective dates of Federal rules approved 

into the State’s SIP, update references to 

methods and procedures for 

performance test/stack test and 

continuous monitoring systems, 

prohibit burning of demolished 

buildings, and revise permitting 

exemptions. The approved revisions to 

the Iowa SIP also grant Polk County the 

ability to publish public notices and 

provide the opportunity to comment on 

permit modifications online rather than 

in area newspapers which is consistent 

with recent revisions to Iowa’s SIP (83 

FR 191, October 2, 2018). 

As stated in the proposed approval, 

the EPA is not acting on portions of Polk 

County Chapter V that amend Standards 

for Marijuana Production and Marijuana 

Processing (section 5–21), Permits for 

New and Existing Stationary Sources, 

and Chapter 10–59, Permit Fees, that 

pertain to Prevention of Significant 

Deterioration (PSD) regulations because 

Iowa has not delegated the PSD program 

authority to Polk County. 

The EPA is also approving minor 

changes to the text of various 

ordinances that were previously 

submitted to the EPA but were 

inadvertently omitted from previous 

actions. These revisions were contained 

in submittals dated December 3, 2007, 

September 1, 2009, September 19, 2011, 

April 15, 2014, and November 25, 2015. 

II. Have the requirements for approval 

of a SIP revision been met? 

The state’s submittals met the public 

notice requirements for SIP submissions 

in accordance with 40 CFR 51.102. The 

submittals also satisfy the completeness 

criteria of 40 CFR part 51, appendix V. 

In addition, the EPA has determined 

that the revisions meet the substantive 

SIP requirements of the CAA, including 

section 110 and implementing 

regulations. These revisions are also 

consistent with applicable EPA 

requirements of title V of the CAA and 

40 CFR part 70. 

The EPA proposed approval of the 

Polk County Code of Regulations 

revisions into the Iowa SIP in a Federal 

Register document dated July 28, 2021 

(88 FR 40392). The 30-day public 

comment period closed on August 27, 

2021. No comments were received. 

III. What action is the EPA taking? 

The EPA is taking final action to 

approve revisions to the Iowa SIP to 

include the revisions to Chapter V of the 

Polk County Code of Regulations 

pertaining to air quality. 

The EPA has determined that 

approval of these revisions will not 

impact air quality and will ensure 

consistency between the state and 

federally-approved rules, and ensure 

Federal enforceability of the state’s 

revised air program rules. 

IV. Incorporation by Reference 

In this document, the EPA is 

finalizing regulatory text that includes 

incorporation by reference. In 

accordance with requirements of 1 CFR 

51.5, the EPA is finalizing the 

incorporation by reference of the Iowa 

Regulations 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). 

Therefore, these materials have been 

approved by the EPA for inclusion in 

the State Implementation Plan, have 

been incorporated by reference by EPA 

into that plan, are fully federally 

enforceable under sections 110 and 113 

of the CAA as of the effective date of the 

final rulemaking of the EPA’s approval, 

and will be incorporated by reference in 

the next update to the SIP compilation.1

V. Statutory and Executive Order 

Reviews 

b 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: 

b 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); 

b Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

b 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.); 

b Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Public Law 104–4); 

b Does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

b Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

b Is not a significant regulatory 

action subject to Executive Order 13211 

(66 FR 28355, May 22, 2001); 


lotter on DSK11XQN23PROD with RULES1
Federal Register / Vol. 86, No. 180 / Tuesday, September 21, 2021 / Rules and Regulations 52415 

b Is not subject to requirements of 

the National Technology Transfer and 

Advancement Act (NTTA) because this 

rulemaking does not involve technical 

standards; and 

b 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). 

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 November 22, 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, Continuous 

monitoring systems, Incorporation by 

reference, Performance and stack 

testing, and Reporting and 

recordkeeping requirements. 

Dated: September 10, 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. 

Subpart Q—Iowa 

■ 2. In § 52.820, the table in paragraph 

(c) is amended by revising the entry 

‘‘Chapter V’’ under the heading ‘‘Polk 

County’’ to read as follows: 

§ 52.820 Identification of plan. 

* * * * * 

(c) * * * 

EPA-APPROVED IOWA REGULATIONS

Iowa citation Title 

State 

effective 

date 

EPA approval date Explanation 

Iowa Department of Natural Resources Environmental Protection Commission [567] 

*******

Polk County 

Chapter V .......... Polk County Board of 

Health Rules and Regulations Air Pollution 

Chapter V.

11/30/18 9/21/2021, [insert Federal 

Register citation].

Article I, Section 5–2, definition of ‘‘anaerobic lagoon’’ and ‘‘variance;’’ Article III, Incineration and 

Open Burning, Section 5–7(d) Variance Application; Article VI, Sections 5–16(n), (o) and (p); Article VIII; Article IX, Sections 5–27(3) and (4); Article X, Section 5–28, subsections (a) through (c), 

and Article X, Section 5–35(b)(5); Article XIII; Article XIV; and Article XVI, Section 5–75 B are not 

part of the SIP. 

* * * * * * * 

* * * * * 

[FR Doc. 2021–20157 Filed 9–20–21; 8:45 am] 

BILLING CODE 6560–50–P 


lotter on DSK11XQN23PROD with RULES1