29204 Federal Register / Vol. 86, No. 103 / Tuesday, June 1, 2021 / Rules and Regulations 

emergency declared in this order, there need 

be no prior notice of a listing or 

determination made pursuant to section 1 of 

this order. 

Sec. 8. The Secretary of the Treasury, in 

consultation with the Secretary of State, is 

hereby authorized to take such actions, 

including the promulgation of rules and 

regulations, and to employ all powers 

granted to the President by IEEPA as may be 

necessary to carry out the purposes of this 

order. The Secretary of the Treasury may, 

consistent with applicable law, redelegate 

any of these functions within the Department 

of the Treasury. All departments and 

agencies of the United States shall take all 

appropriate measures within their authority 

to carry out the provisions of this order. 

Sec. 9. Nothing in this order is intended to 

affect the continued effectiveness of any 

action taken pursuant to Executive Order 

13742 of October 7, 2016 (Termination of 

Emergency With Respect to the Actions and 

Policies of the Government of Burma). 

Sec. 10. The Secretary of the Treasury, in 

consultation with the Secretary of State, is 

hereby authorized to submit recurring and 

final reports to the Congress on the national 

emergency declared in this order, consistent 

with section 401(c) of the NEA (50 U.S.C. 

1641(c)) and section 204(c) of IEEPA (50 

U.S.C. 1703(c)). 

Sec. 11. (a) Nothing in this order shall be 

construed to impair or otherwise affect: 

(i) The authority granted by law to an 

executive department or agency, or the head 

thereof; or 

(ii) the functions of the Director of the 

Office of Management and Budget relating to 

budgetary, administrative, or legislative 

proposals. 

(b) This order shall be implemented 

consistent with applicable law and subject to 

the availability of appropriations. 

(c) This order is not intended to, and does 

not, create any right or benefit, substantive or 

procedural, enforceable at law or in equity by 

any party against the United States, its 

departments, agencies, or entities, its officers, 

employees, or agents, or any other person. 

Joseph R. Biden Jr., 

The White House, 

February 10, 2021. 

Bradley T. Smith, 

Acting Director, Office of Foreign Assets 

Control. 

Approved: 

Andrea Gacki, 

Director, Office of Foreign Assets Control, 

Performing the Duties of Under Secretary for 

Terrorism and Financial Intelligence, 

Department of the Treasury. 

[FR Doc. 2021–11483 Filed 5–28–21; 8:45 am] 

BILLING CODE 4810–AL–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2021–0301] 

Drawbridge Operation Regulation; 

Three Mile Creek, AL 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of temporary deviation 

from regulations; request for comments. 

SUMMARY: The Coast Guard has issued a 

temporary deviation from the operating 

schedule that governs the CSX Railroad 

drawbridge across Three Mile Creek, 

mile 0.0, Mobile, AL. This deviation is 

needed to collect and analyze data and 

information on vessel traffic when 

bridge openings are scheduled during 

specific periods during each day. This 

deviation will test a change to the 

drawbridge operation schedule to 

determine whether a permanent change 

to the schedule is needed. The Coast 

Guard is seeking comments from the 

public regarding these proposed 

changes. 

DATES: This deviation is effective from 

6 a.m. June 1, 2021 through 6 p.m. 

August 2, 2021. 

Comments and relate material must 

reach the Coast Guard on or before July 

1, 2021. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2021–0301 using Federal eRulemaking 

Portal at https://www.regulations.gov. 

See the ‘‘Public Participation and 

Request for Comments’’ portion of the 

SUPPLEMENTARY INFORMATION section 

below for instructions on submitting 

comments. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this test 

deviation, call or email Mr. Doug 

Blakemore, Eighth Coast Guard District 

Bridge Administrator; telephone (504) 

671–2128, email Douglas.A.Blakemore@

uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Background, Purpose and Legal Basis 

The CSX Railroad drawbridge across 

Three Mile Creek, mile 0.0 in Mobile, 

AL operates under 33 CFR 117.500. In 

the open to vessel position the 

drawbridge has a horizontal clearance of 

56 feet and unlimited vertical clearance. 

In the closed to vessel position the 

bridge has a vertical clearance of 10 feet. 

This bridge has failed to open on 

signal when CSX builds trains from 

their rail yard in Mobile, AL that extend 

onto the drawbridge. CSX has changed 

their rail yard operating schedule to 

open the bridge to vessel traffic each 

day from 6:30 a.m.–7:30 a.m., 2:30 p.m.– 

3:30 p.m. and 10:30-p.m.–11:30 p.m. 

During these periods CSX will not 

station trains on the bridge from their 

yard. All vessels in the queue will be 

passed through the bridge. CSX will 

open the bridge on signal at all other 

times if there are no trains on the bridge. 

This change will allow vessel operators 

to schedule their trips through this 

bridge and to pass through at all other 

times when there are no trains on the 

bridge. 

From 6 a.m. June 1, 2021 through 6 

p.m. August 2, 2021 the draw of the 

CSX railroad bridge across Three Mile 

Creek mile 0.0 shall open daily from 

6:30 a.m.–7:30 a.m., 2:30 p.m.–3:30 

p.m., and 10:30 p.m.–11:30 p.m. At all 

other times the draw shall open on 

signal if there are no train cars stationed 

on the bridge. During all openings the 

draw shall not close until the queue of 

all vessels seeking passage is cleared. 

This 60 day test deviation will allow 

the Coast Guard to collect data on the 

impact of the proposed regulation 

change on vessels. 

The Coast Guard will also inform the 

users of the waterways through our 

Local and Broadcast Notices to Mariners 

of the change in operating schedule for 

the bridge so that vessel operators can 

arrange their transits to minimize any 

impact caused by the temporary 

deviation. 

In accordance with 33 CFR 117.35(e), 

the drawbridge must return to its regular 

operating schedule immediately at the 

end of the effective period of this 

temporary deviation. This deviation 

from the operating regulations is 

authorized under 33 CFR 117.35. 

II. Public Participation and Request for 

Comments 

We view public participation as 

essential to effective rulemaking, and 

will consider all comments and material 

received during the comment period. 

Your comment can help shape the 

outcome of this rulemaking. If you 

submit a comment, please include the 

docket number for this rulemaking, 

indicate the specific section of this 

document to which each comment 

applies, and provide a reason for each 

suggestion or recommendation. 

We encourage you to submit 

comments through the Federal 

eRulemaking Portal at https://

www.regulations.gov. If your material 

cannot be submitted using https://

www.regulations.gov, contact the person 

in the FOR FURTHER INFORMATION

CONTACT section of this document for 

alternate instructions. 


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Federal Register / Vol. 86, No. 103 / Tuesday, June 1, 2021 / Rules and Regulations 29205 

1 882 F.3d 1138 (D.C. Cir. 2018). 

2 ‘‘Procedures for Processing Requests to 

Redesignate Areas to Attainment,’’ Memorandum 

from John Calcagni, Director, Air Quality 

Management Division, September 4, 1992 (Calcagni 

Memo). 

3The ozone design value for a monitoring site is 

the 3-year average of the annual fourth-highest daily 

maximum 8-hour average ozone concentrations. 

The design value for an ozone nonattainment area 

is the highest design value of any monitoring site 

in the area. 

We accept anonymous comments. All 

comments received will be posted 

without change to https://

www.regulations.gov and will include 

any personal information you have 

provided. For more about privacy and 

submissions in response to this 

document, see DHS’s eRulemaking 

System of Records notice (85 FR 14226, 

March 11, 2020). 

Documents mentioned as being 

available in this docket and all public 

comments, will be in our online docket 

at https://www.regulations.gov and can 

be viewed by following that website’s 

instructions. Additionally, if you go to 

the online docket and sign up for email 

alerts, you will be notified of any 

posting or updates to the docket. 

Dated: May 20, 2021. 

Douglas A. Blakemore, 

Bridge Administrator, Eighth Coast Guard 

District. 

[FR Doc. 2021–11396 Filed 5–28–21; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2020–0553; FRL–10023– 

65–Region 3] 

Air Plan Approval; Pennsylvania; 1997 

8-Hour Ozone National Ambient Air 

Quality Standard Second Maintenance 

Plan for the Erie Area 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving a state 

implementation plan (SIP) revision 

submitted by the Commonwealth of 

Pennsylvania. The revision pertains to 

the Commonwealth’s plan, submitted by 

the Pennsylvania Department of 

Environmental Protection (PADEP), for 

maintaining the 1997 8-hour ozone 

national ambient air quality standard 

(NAAQS) (referred to as the ‘‘1997 

ozone NAAQS’’) in the Erie, 

Pennsylvania area (‘‘Erie Area’’). EPA is 

approving these revisions to the 

Pennsylvania SIP in accordance with 

the requirements of the Clean Air Act 

(CAA). 

DATES: This final rule is effective on July 

1, 2021. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

Number EPA–R03–OAR–2020–0553. 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: 

Serena Nichols, 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) 

814–2053. Ms. Nichols can also be 

reached via electronic mail at 

Nichols.Serena@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On February 9, 2021 (86 FR 8722), 

EPA published a notice of proposed 

rulemaking (NPRM). In the NPRM, EPA 

proposed approval of Pennsylvania’s 

plan for maintaining the 1997 ozone 

NAAQS in the Erie Area through 

November 8, 2027, in accordance with 

CAA section 175A. The formal SIP 

revision was submitted by PADEP on 

February 27, 2020. 

II. Summary of SIP Revision and EPA 

Analysis 

On October 9, 2007 (72 FR 57207, 

effective November 8, 2007), EPA 

approved a redesignation request (and 

maintenance plan) from PADEP for the 

Erie Area. In accordance with CAA 

section 175A(b), at the end of the eighth 

year after the effective date of the 

redesignation, the state must also 

submit a second maintenance plan to 

ensure ongoing maintenance of the 

standard for an additional 10 years, and 

in South Coast Air Quality Management 

District v. EPA,1 the D.C. Circuit held 

that this requirement cannot be waived 

for areas, like the Erie Area, that had 

been redesignated to attainment for the 

1997 8-hour ozone NAAQS prior to 

revocation and that were designated 

attainment for the 2008 ozone NAAQS. 

CAA section 175A sets forth the criteria 

for adequate maintenance plans. In 

addition, EPA has published 

longstanding guidance that provides 

further insight on the content of an 

approvable maintenance plan, 

explaining that a maintenance plan 

should address five elements: (1) An 

attainment emissions inventory; (2) a 

maintenance demonstration; (3) a 

commitment for continued air quality 

monitoring; (4) a process for verification 

of continued attainment; and (5) a 

contingency plan.2 PADEP’s February 

27, 2020 submittal fulfills 

Pennsylvania’s obligation to submit a 

second maintenance plan and addresses 

each of the five necessary elements. 

As discussed in the February 9, 2021 

NPRM, EPA allows the submittal of a 

limited maintenance plan (LMP) to meet 

the statutory requirement that the area 

will maintain for the statutory period. 

Qualifying areas may meet the 

maintenance demonstration by showing 

that the area’s design value 3 is well 

below the NAAQS and that the 

historical stability of the area’s air 

quality levels indicates that the area is 

unlikely to violate the NAAQS in the 

future. EPA evaluated PADEP’s 

February 27, 2020 submittal for 

consistency with all applicable EPA 

guidance and CAA requirements. EPA 

found that the submittal met CAA 

section 175A and all CAA requirements, 

and proposed approval of the LMP for 

the Erie Area as a revision to the 

Pennsylvania SIP. Other specific 

requirements of PADEP’s February 27, 

2020 submittal and the rationale for 

EPA’s proposed action are explained in 

the NPRM and will not be restated here. 

III. EPA’s Response to Comments 

Received 

EPA received four comments on the 

February 9, 2021 NPRM but only one 

that was adverse and relevant to this 

action. All comments are in the docket 

for this rule action. A summary of the 

relevant adverse comment and EPA’s 

response is provided herein. 

Comment: The commenter asserts that 

the LMP should not be approved 

because ‘‘Pennsylvania identifies no 

actual contingency measures.’’ 

According to the commenter, a 

‘‘contingency measure is supposed to be 

a known measure that can be quickly 

implemented by a state in order to 

prevent the violation of the NAAQS.’’ 

The comment asserts that the plan’s 

current contingency measures are 

defective because they allegedly will not 

be evaluated and determined until after 

an exceedance of the NAAQS has 


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