36222 Federal Register / Vol. 87, No. 116 / Thursday, June 16, 2022 / Rules and Regulations 

zone may request permission from the 

Captain of Port Buffalo via Channel 16, 

VHF–FM. Vessels and persons granted 

permission to enter the safety zone shall 

obey the directions of the Captain of the 

Port Buffalo or a designated 

representative. While within a safety 

zone, all vessels shall operate at the 

minimum speed necessary to maintain a 

safe course. 

This notice of enforcement is issued 

under authority of 33 CFR 165.939 and 

5 U.S.C. 552(a). In addition to this 

notice of enforcement in the Federal 

Register, the Coast Guard will provide 

the maritime community with advance 

notification of this enforcement period 

via Broadcast Notice to Mariners or 

Local Notice to Mariners. If the Captain 

of the Port Buffalo determines that the 

safety zone need not be enforced for the 

full duration stated in this notice he 

may use a Broadcast Notice to Mariners 

to grant general permission to enter the 

respective safety zone. 

Dated: June 9, 2022. 

M.I. Kuperman, 

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

Port Buffalo. 

[FR Doc. 2022–12960 Filed 6–15–22; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2021–0799; FRL–9246–02– 

R9] 

Air Plan Approval; California; San 

Joaquin Valley Unified Air Pollution 

Control District; Open Burning 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking final action to 

approve a revision to the San Joaquin 

Valley Unified Air Pollution Control 

District (SJVUAPCD or the ‘‘District’’) 

portion of the California State 

Implementation Plan (SIP). This 

revision concerns emissions of oxides of 

nitrogen (NOX) and particulate matter 

(PM) from agricultural open burning. 

We are approving additional local 

restrictions on such burning under the 

Clean Air Act (CAA or the Act). 

DATES: This rule is effective July 18, 

2022. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–R09–OAR–2021–0799. 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: 

Kevin Gong, EPA Region IX, 75 

Hawthorne St., San Francisco, CA 

94105. By phone: (415) 972–3073 or by 

email at gong.kevin@epa.gov. 

SUPPLEMENTARY INFORMATION: 

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

and ‘‘our’’ refer to the EPA. 

Table of Contents 

I. Proposed Action 

II. Public Comments and EPA Responses 

III. EPA Action 

IV. Incorporation by Reference 

V. Statutory and Executive Order Reviews 

I. Proposed Action 

On November 29, 2021, CARB 

submitted a document entitled 

‘‘Proposed District Rule 4103 (Open 

Burning) Technical Submittal for 

Receiving SIP Credit for Reductions in 

Agricultural Burning,’’ dated November 

18, 2021 (the ‘‘2021 Technical 

Submittal’’), to the EPA for inclusion in 

the California SIP. The 2021 Technical 

Submittal includes a document called 

the ‘‘Supplemental Report and 

Recommendations on Agricultural 

Burning’’ (‘‘2021 Supplemental 

Report’’). Table 2–1 of the 2021 

Supplemental Report, ‘‘Accelerated 

Reductions by Crop Category’’ includes 

an updated schedule of prohibitions 

(‘‘2021 Schedule’’). On December 23, 

2021 (86 FR 72906), the EPA proposed 

to approve the 2021 Schedule and the 

following additional materials 

supporting the 2021 Schedule: 

Resolution 21–06–12 by the SJVUAPCD 

Governing Board dated June 17, 2021, 

Resolution 21–4 by the California Air 

Resources Board (CARB) dated February 

25, 2021, and a letter from the CARB 

Executive Officer to the SJVUAPCD 

dated June 18, 2021. 

We proposed to approve this SIP 

revision because we determined that it 

complied with the relevant CAA 

requirements. Our proposed action 

contains more information on the SIP 

revision and our evaluation. 

II. Public Comments and EPA 

Responses 

The EPA’s proposed action provided 

a 30-day public comment period. During 

this period, we received two comments. 

The first comment was from a member 

of the public concerning the use of open 

burning to process dead and dying trees 

for methane reduction and to generate 

renewable energy. This comment 

appears to concern biomass plants, 

which are not regulated under 

SJVUAPCD Rule 4103. Furthermore, 

aside from orchard waste, wood waste 

resulting from dead and dying trees is 

not subject to the requirements of 

SJVUAPCD Rule 4103. As such, we do 

not consider this comment to be 

relevant to our rulemaking. 

The second comment was from the 

SJVUAPCD concerning the EPA’s 

statement in our technical support 

document to the proposed rule, where 

we discussed a prospective rule 

effectiveness (RE) value of 80% for use 

in calculations for expected emission 

reductions for this SIP revision. This 

comment is not relevant to the 

approvability of the Technical 

Submittal, as we are not making any 

final determinations of creditable RE for 

the 2021 agricultural burning 

prohibition SIP revision in this 

rulemaking. Therefore, we intend to 

address this comment in the context of 

any future action(s) that rely on 

emissions reductions associated with 

this measure. 

III. EPA Action 

No comments were submitted that 

change our assessment of the SIP 

revision as described in our proposed 

action. Therefore, as authorized in 

section 110(k)(3) of the Act, the EPA is 

fully approving the following materials 

from the 2021 Technical Submittal into 

the SIP: Table 2–1 ‘‘Accelerated 

Reductions by Crop Category’’ of the 

‘‘Supplemental Report and 

Recommendations on Agricultural 

Burning’’ and Resolution 21–06–12, 

which were adopted by the SJVUAPCD 

Board on June 17, 2021; Resolution 21– 

4 ‘‘San Joaquin Valley Agricultural 

Burning Assessment’’ adopted by CARB 

on February 25, 2021; and the letter 

dated June 18, 2021 from Richard W. 

Corey, Executive Officer, CARB, to 

Samir Sheikh, Executive Director, 

SJVUAPCD, concurring on the 2021 

Supplemental Report. 


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Federal Register / Vol. 87, No. 116 / Thursday, June 16, 2022 / Rules and Regulations 36223 

IV. Incorporation by Reference 

In this rule, 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 SIP 

revision from the SJVUAPCD described 

in Section III of this preamble and set 

forth below in the amendments to 40 

CFR part 52. The SJVUAPCD provisions 

being incorporated by reference concern 

emissions of oxides of nitrogen (NOX) 

and particulate matter (PM) from 

agricultural open burning. The EPA has 

made, and will continue to make, these 

documents available through 

www.regulations.gov and at the EPA 

Region IX Office (please contact the 

person identified in the FOR FURTHER

INFORMATION CONTACT section of this 

preamble for more information). 

V. 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 Act. 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 Clean Air Act; 

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 Act, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by August 15, 2022. 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, 

Ozone, Particulate matter, Reporting 

and recordkeeping requirements. 

Dated: June 3, 2022. 

Martha Guzman Aceves, 

Regional Administrator, Region IX. 

For the reasons stated in the 

preamble, the Environmental Protection 

Agency amends Part 52, chapter I, title 

40 of the Code of Federal Regulations 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 F—California 

■ 2. Section 52.220 is amended by 

adding paragraphs (c)(388)(i)(B)(9), (10) 

and (11) and and (c)(572) to read as 

follows: 

§ 52.220 Identification of plan-in part. 

* * * * * 

(c) * * * 

(388) * * * 

(i) * * * 

(B) * * * 

(9) Previously approved on January 4, 

2012, in paragraph (c)(338)(i)(B)(3) of 

this section and now deleted with 

replacement in paragraph 

(c)(572)(i)(A)(1) of this section, Table 9– 

1, Revised Proposed Staff Report and 

Recommendations on Agricultural 

Burning, approved on May 20, 2010. 

(10) Previously approved on January 

4, 2012, in paragraph (c)(338)(i)(B)(4) of 

this section and now deleted with 

replacement in paragraph 

(c)(572)(i)(A)(2) of this section, San 

Joaquin Valley Air Pollution Control 

District, Resolution No. 10–05–22, 

adopted on May 20, 2010. 

(11) Previously approved on January 

4, 2012, in paragraph (c)(338)(i)(B)(5) of 

this section and now deleted with 

replacement in paragraphs 

(c)(572)(i)(B)(1) and (2) of this section, 

California Air Resources Board, 

Resolution 10–24, adopted on May 27, 

2010. 

* * * * * 

(572) Amended enforceable 

requirements for the following APCD 

were submitted on November 29, 2021, 

by the Governor’s designee as an 

attachment to a letter dated November 

24, 2021. 

(i) Incorporation by reference. 

(A) San Joaquin Valley Unified Air 

Pollution Control District. 

(1) Table 2–1, ‘‘Accelerated 

Reductions by Crop Category’’ of the 


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36224 Federal Register / Vol. 87, No. 116 / Thursday, June 16, 2022 / Rules and Regulations 

1 29 U.S.C. 794. 

2 41 CFR Appendix A to Subpart 101–19.6 (2001), 

available at https://www.govinfo.gov/app/details/ 

CFR-2001-title41-vol2/CFR-2001-title41-vol2- 

part101-id389-subpart101-id424-appA. 

3 45 CFR 1170.33(a). 

4 75 FR 56236; 75 FR 56163. 

5 28 CFR 35.151(c)(3), 36.406(a)(3). 

6Executive Order 12250. 

7Memorandum from Thomas E. Perez, Assistant 

Attorney General, Division of Civil Rights, 

Department of Justice, to Federal Agency Civil 

Rights Directors and General Counsels (March 29, 

2011), available at https://www.justice.gov/file/ 

1464186/download (the 2011 Memorandum). 

Supplemental Report and 

Recommendations on Agricultural 

Burning, adopted on June 17, 2021. 

(2) San Joaquin Valley Unified Air 

Pollution Control District Governing 

Board Resolution 21–06–12 ‘‘Approve 

Supplemental Report and 

Recommendations on Agricultural 

Burning,’’ adopted June 17, 2021. 

(B) California Air Resources Board. 

(1) Resolution 21–4 ‘‘San Joaquin 

Valley Agricultural Burning 

Assessment,’’ adopted on February 25, 

2021. 

(2) Letter dated June 18, 2021, from 

Richard W. Corey, Executive Officer, 

CARB, to Samir Sheikh, Executive 

Director, SJVUAPCD, concurring on the 

SJVUAPCD Supplemental Report and 

Recommendations on Agricultural 

Burning, approved June 17, 2021. 

(ii) [Reserved] 

[FR Doc. 2022–12387 Filed 6–15–22; 8:45 am] 

BILLING CODE 6560–50–P 

NATIONAL FOUNDATION ON THE 

ARTS AND THE HUMANITIES 

National Endowment for the 

Humanities 

45 CFR Part 1170 

Nondiscrimination on the Basis of 

Disability in Federally Assisted 

Programs or Activities 

AGENCY: National Endowment for the 

Humanities; National Foundation on the 

Arts and the Humanities. 

ACTION: Notification of interpretation. 

SUMMARY: The National Endowment for 

the Humanities (NEH) provides notice 

of its interpretation of Section 504 of the 

Rehabilitation Act of 1973 and NEH’s 

implementing regulations, which 

prohibit discrimination on the basis of 

disability in federally assisted programs 

and activities. (In order to reflect 

currently accepted terminology, this 

notice uses the term ‘‘disability’’ rather 

than ‘‘handicap,’’ which appears in 

NEH’s Section 504 regulations. There is 

no substantive legal difference between 

the two terms for purposes of this 

notice.) This document clarifies that 

NEH interprets its Section 504 rule to 

permit recipients of Federal financial 

assistance from NEH who engage in the 

design, construction, or alteration of 

facilities to use the 2010 ADA Standards 

for Accessible Design (2010 Standards) 

in lieu of the Uniform Federal 

Accessibility Standards (UFAS). This 

notice does not require recipients to use 

the 2010 Standards. 

DATES: This interpretation is effective 

June 16, 2022. 

FOR FURTHER INFORMATION CONTACT: 

Elizabeth Voyatzis, Deputy General 

Counsel, Office of the General Counsel, 

National Endowment for the 

Humanities, 400 7th Street SW, Room 

4060, Washington, DC 20506; (202) 606– 

8322; gencounsel@neh.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

Section 504 of the Rehabilitation Act 

of 1973 (Section 504) 1 prohibits, among 

other things, discrimination on the basis 

of disability in federally assisted 

programs or activities. NEH adopted a 

rule, codified at 45 CFR part 1170, to 

implement this prohibition for each 

recipient of Federal financial assistance 

from NEH and each program or activity 

that receives such assistance (the 

Section 504 rule). 

Section 1170.33(a) of the Section 504 

rule imposes a requirement with respect 

to the design and construction of 

facilities. New facilities must be 

designed and constructed to be readily 

accessible to and usable by handicapped 

persons. Alterations to existing facilities 

must, to the maximum extent feasible, 

be designed and constructed to be 

readily accessible to and usable by 

handicapped persons. 

Section 1170.33(b)(1) of the Section 

504 rule provides further that, effective 

as of January 18, 1991, NEH shall deem 

the design, construction, or alteration of 

buildings in conformance with sections 

3–8 of the Uniform Federal Accessibility 

Standards (UFAS) 2 to comply with 

§ 1170.33(a).3

On September 15, 2010, the 

Department of Justice adopted new 

accessibility standards under the 

Americans with Disabilities Act of 1990 

(ADA) for the design, construction, and 

alteration of state and local government 

facilities, places of public 

accommodation, and commercial 

facilities, called the 2010 ADA 

Standards for Accessible Design (the 

2010 Standards).4 Covered entities 

under the ADA must comply with the 

2010 Standards for new construction or 

alterations that commence on or after 

March 15, 2012.5

NEH routinely provides Federal 

financial assistance to state and local 

governments and entities that operate 

places of public accommodation and/or 

commercial facilities, within the 

meaning of the Americans with 

Disabilities Act of 1990, to support the 

design, construction, or alteration of 

facilities. In those cases, the recipient of 

Federal financial assistance must 

comply with the 2010 Standards 

pursuant to the ADA, but must also 

comply with UFAS to gain the benefit 

of the provisions of § 1170.33(b)(1) of 

the Section 504 rule. These duplicative 

requirements impose an unnecessary 

administrative burden on recipients 

without providing any benefit to 

individuals with disabilities. 

In March 2011, pursuant to its 

authority to coordinate the 

implementation and enforcement of 

Section 504,6 the Department of Justice 

advised Federal agencies that, until 

such time as they update their 

regulations implementing the Federally 

assisted provisions of Section 504, they 

may issue guidance to covered entities 

that permits them to use the 2010 

Standards as an acceptable alternative to 

UFAS for new construction and 

alterations.7

II. Notice of Interpretation 

Consistent with the foregoing 

guidance, this notification clarifies that 

NEH deems compliance with the 2010 

Standards to be an acceptable means of 

complying with the accessibility 

requirements for new construction and 

alterations set forth in the Section 504 

rule. Specifically, NEH interprets the 

requirement of § 1170.33(a) of the 

Section 504 rule, that covered facilities 

shall be ‘‘designed and constructed to be 

readily accessible to and usable by 

handicapped persons,’’ to permit the 

design, construction, or alteration of 

buildings in conformance with the 2010 

Standards. Once a covered entity selects 

an applicable accessibility standard for 

new construction or alterations under 

Section 504, that standard must be 

applied to the entire facility. 

Nothing in this document requires the 

design, construction, or alteration of 

buildings to conform with the 2010 

Standards or alters NEH’s interpretation 

of § 1170.33(b). 


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