Federal Register / Vol. 86, No. 108 / Tuesday, June 8, 2021 / Rules and Regulations 30387 

1On August 6, 2018, North Dakota submitted a 

SIP to EPA that recodified the Air Pollution Control 

Rules, including those that address regional haze, 

from NDAC section 33–15 to NDAC section 33.1– 

15. EPA approved the recodification on February 5, 

2019 (84 FR 1610). The recodification made the 

regional haze section of NDAC to be changed from 

section 33–15–25 to section 33.1–15–25. The 2018 

SIP reflected the deletions of section 33.1–15–25– 

02.1 and section 33.1–15.25–03 (formerly referred 

to as section 33–15–25–02.1 and section 33–15–25– 

03). 

2EPA will act on the remaining portions of the 

ND August 3, 2020, SIP in a separate future 

rulemaking. 

3Since North Dakota’s NDAC recodification in 

2018, section 33–15–25–02.1 is referred to as 

section 33.1–15–25–02.1. 

4Since North Dakota’s NDAC recodification in 

2018, section 33–15–25–03 is referred to as section 

33.1–15–25–03. 

CL–600–2E25 (Series 1000) AFM, CSP D– 

012, Revision 23, dated February 14, 2020. 

(viii) Section 05–02, ‘‘In-flight Engine 

Failures,’’ of Chapter 5, ‘‘ABNORMAL 

PROCEDURES,’’ of Bombardier CRJ Series 

Regional Jet Model CL–600–2E25 (Series 

1000) AFM, CSP D–012, Revision 23, dated 

February 14, 2020. 

(3) For Bombardier service information 

identified in this AD, contact MHI RJ 

Aviation ULC, 12655 Henri-Fabre Blvd., 

Mirabel, Que ́bec J7N 1E1 Canada; Widebody 

Customer Response Center North America 

toll-free telephone +1–844–272–2720 or 

direct-dial telephone +1–514–855–8500; fax 

+1–514–855–8501; email thd.crj@mhirj.com; 

internet https://mhirj.com. 

(4) You may view this service information 

at the FAA, Airworthiness Products Section, 

Operational Safety Branch, 2200 South 216th 

St., Des Moines, WA. For information on the 

availability of this material at the FAA, call 

206–231–3195. 

(5) You may view this service information 

that is incorporated by reference at the 

National Archives and Records 

Administration (NARA). For information on 

the availability of this material at NARA, 

email fedreg.legal@nara.gov, or go to: https:// 

www.archives.gov/federal-register/cfr/ibrlocations.html. 

Issued on May 11, 2021. 

Lance T. Gant, 

Director, Compliance & Airworthiness 

Division, Aircraft Certification Service. 

[FR Doc. 2021–11956 Filed 6–7–21; 8:45 am] 

BILLING CODE 4910–13–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R08–OAR–2021–0002; FRL–10024– 

54–Region 8] 

Approval and Promulgation of 

Implementation Plans; North Dakota; 

Revisions to Air Pollution Control 

Rules; Regional Haze 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is finalizing approval on 

a revision to the North Dakota State 

Implementation Plan (SIP) submitted by 

the State of North Dakota on November 

11, 2016 and supplemented on March 

15, 2021, that addresses amendments to 

the regional haze provisions of the 

North Dakota Administrative Code 

(NDAC). These revisions were 

submitted to remove certain regional 

haze requirements related to Best 

Available Retrofit Technology (BART) 

in the first planning period. EPA is also 

finalizing approval on a revision to the 

North Dakota SIP submitted on August 

3, 2020, that addresses additional 

amendments to the regional haze 

provisions of the NDAC. The 2020 SIP 

revision was submitted to update the 

incorporation by reference date for 

regional haze definitions, add emission 

reduction requirements to make 

reasonable progress during the second 

and subsequent regional haze planning 

periods, and revise the regional haze 

monitoring, recordkeeping, and 

reporting requirements to be applicable 

under the second and subsequent 

planning period. EPA is taking this 

action pursuant to section 110 and Part 

C of the Clean Air Act (CAA). 

DATES: This rule is effective on July 8, 

2021. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–R08–OAR–2021–0002. All 

documents in the docket are listed on 

the http://www.regulations.gov website. 

Although listed in the index, some 

information is not publicly available, 

e.g., 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 http://

www.regulations.gov, or please contact 

the person identified in the FOR FURTHER

INFORMATION CONTACT section for 

additional availability information. 

FOR FURTHER INFORMATION CONTACT: 

Jaslyn Dobrahner, Air and Radiation 

Division, EPA, Region 8, Mailcode 

8ARD–IO, 1595 Wynkoop Street, 

Denver, Colorado 80202–1129, (303) 

312–6252, dobrahner.jaslyn@epa.gov. 

SUPPLEMENTARY INFORMATION: 

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

and ‘‘our’’ means the EPA. 

I. Background 

The background for this action is 

discussed in detail in our April 1, 2021 

proposal (86 FR 17101). In that 

document we proposed to approve 

North Dakota’s regional haze SIP 

revision submitted by the State of North 

Dakota on November 11, 2016 and 

supplemented on March 15, 2021. 

Specifically, we proposed to approve 

North Dakota’s removal of NDAC 

section 33–15–25–02.1 (requirement 

pertaining to the submittal of a regional 

haze BART analysis) and section 33–15– 

25–03 (requirement that references the 

federal guidelines for BART 

determinations under the regional haze 

rule) from the regional haze provisions 

provided in NDAC section 33–15–25.1

We also proposed to approve a 

portion of North Dakota’s August 3, 

2020, SIP revision that addresses NDAC 

section 33.1–15–25 of the Air Pollution 

Control Rules for regional haze.2

Specifically, we proposed to approve 

the following revisions to NDAC: 

Section 33.1–15–25–01 which updates 

the incorporation by reference date for 

regional haze definitions; section 33.1– 

15–25–03 which adds emission 

reduction requirements to make 

reasonable progress for the second and 

subsequent planning periods; and 

section 33.1–15–25–04 which revises 

the regional haze monitoring, 

recordkeeping, and reporting 

requirements to be applicable to sources 

under the second and subsequent 

planning periods. 

We did not receive any comments on 

the proposed rule. 

II. Final Action 

In this action, EPA is finalizing 

approval on SIP amendments to North 

Dakota Air Pollution Control Rules, 

shown in Table 1, submitted by the 

State of North Dakota on November 11, 

2016, and supplemented March 15, 

2021, and August 3, 2020. 

TABLE 1—LIST OF NORTH DAKOTA

AMENDMENTS THAT EPA IS APPROVING

Amended Sections in the November 11, 2016 

Submittal, Supplemented March 15, 2021 

NDAC section 33–15–25–02.1,3 NDAC section 33– 

15–25–03.4

Amended Sections in the August 3, 2020 

Submittal 

NDAC section 33.1–15–25–01, NDAC section 33.1– 

15–25–03, NDAC section 33.1–15–25–04. 

III. Incorporation by Reference 

In this document, EPA is finalizing 

regulatory text that includes 

incorporation by reference. In 

accordance with requirements of 1 CFR 

51.5, EPA is finalizing the incorporation 


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30388 Federal Register / Vol. 86, No. 108 / Tuesday, June 8, 2021 / Rules and Regulations 

5 62 FR 27968 (May 22, 1997). 

by reference of NDAC as described in 

section II of this preamble. EPA has 

made, and will continue to make, these 

materials generally available through 

www.regulations.gov and at the EPA 

Region 8 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 EPA for inclusion in the 

SIP, 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 EPA’s approval, and will be 

incorporated by reference in the next 

update to the SIP compilation.5

IV. Statutory and Executive Order 

Reviews 

Under the Clean Air Act, 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 Clean Air 

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, 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, the SIP is not approved 

to apply on any Indian reservation land 

or in any other area where 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. 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 August 9, 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, Carbon monoxide, 

Greenhouse gases, Incorporation by 

reference, Intergovernmental relations, 

Lead, Nitrogen dioxide, Ozone, 

Particulate matter, Reporting and 

recordkeeping requirements, Sulfur 

oxides, Volatile organic compounds. 

Dated: June 2, 2021. 

Debra H. Thomas, 

Acting Regional Administrator, Region 8. 

40 CFR part 52 is amended 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 JJ—North Dakota 

■ 2. In § 52.1820, the table in paragraph 

(c) is amended by revising the entries 

‘‘33.1–15–25–01’’, 33.1–15–25–02’’, 

‘‘33.1–15–25–03’’, and ‘‘33.1–15–25–04’’ 

to read as follows: 

§ 52.1820 Identification of plan. 

* * * * * 

(c) * * * 

Rule No. Rule title 

State 

effective 

date 

EPA 

effective 

date 

Final rule 

citation/date Comments 

*******

33.1–15–25. Regional Haze Requirements 

33.1–15–25–01 ....... Definitions ................................................. 7/1/2020 7/8/2021 [insert Federal Register citation], 

6/8/2021.

33.1–15–25–02 ....... Best available retrofit technology ............. 7/1/2016 7/8/2021 [insert Federal Register citation], 

6/8/2021.


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Federal Register / Vol. 86, No. 108 / Tuesday, June 8, 2021 / Rules and Regulations 30389 

Rule No. Rule title 

State 

effective 

date 

EPA 

effective 

date 

Final rule 

citation/date Comments 

33.1–15–25–03 ....... Emission reduction measures required to 

make reasonable progress toward the 

national visibility goal.

7/1/2020 7/8/2021 [insert Federal Register citation], 

6/8/2021.

33.1–15–25–04 ....... Monitoring, recordkeeping, and reporting 7/1/2020 7/8/2021 [insert Federal Register citation], 

6/8/2021.

* * * * * 

[FR Doc. 2021–11888 Filed 6–7–21; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Parts 1 and 27 

[AU Docket No. 21–62; DA 21–567; FR ID 

29366] 

Certification Adopted for Auction of 

Flexible-Use Service Licenses in the 

3.45–3.55 Band for Next-Generation 

Wireless Services (Auction 110) 

AGENCY: Federal Communications 

Commission. 

ACTION: Final action; requirement and 

procedure. 

SUMMARY: In this document, the Office 

of Economics and Analytics and the 

Wireless Telecommunications Bureau 

adopt a certification that will be 

required of each applicant to participate 

in the upcoming auction of flexible-use 

licenses in the 3.45–3.55 GHz band 

(Auction 110). 

DATES: The Commission will publish a 

document in the Federal Register 

announcing the effective date of the 

certification requirement. 

FOR FURTHER INFORMATION CONTACT: 

Auction 110 Information: Mary Lovejoy 

or Andrew McArdell at 202–418–0660. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Auction 110 

Certification Requirement Public Notice, 

released on May 19, 2021. The complete 

text of the Auction 110 Certification 

Requirement Public Notice, including 

attachments and any related documents, 

is available on the Commission’s 

website at www.fcc.gov/auction/110 or 

by using the search function for AU 

Docket No. 21–62, DA 21–567, on the 

Commission’s Electronic Comment 

Filing System (ECFS) web page at 

www.fcc.gov/ecfs. Alternative formats 

are available to persons with disabilities 

by sending an email to FCC504@fcc.gov 

or by calling the Consumer & 

Governmental Affairs Bureau at (202) 

418–0530 (voice), (202) 418–0432 

(TTY). 

1. By the Auction 110 Certification 

Requirement Public Notice, the Office of 

Economics and Analytics (OEA) and the 

Wireless Telecommunications Bureau 

(WTB) adopt a certification that will be 

required of each applicant to participate 

in the upcoming auction of flexible-use 

licenses in the 3.45–3.55 GHz band 

(Auction 110). Specifically, each 

applicant for Auction 110 will be 

required to certify in its short-form 

application that it has read the public 

notice describing the procedures for the 

auction and that it has familiarized itself 

both with the auction procedures and 

with the requirements for obtaining a 

license and operating facilities in the 

3.45–3.55 GHz band. 

2. In the Auction 110 Comment Public 

Notice, 86 FR 18000 (April 7, 2021), 

released March 18, 2021, the 

Commission sought comment on a range 

of proposed procedures for conducting 

Auction 110, including a proposal to 

require each participant in Auction 110 

to certify in its short-form application, 

under penalty of perjury, that it has read 

the public notice adopting procedures 

for the auction and that it has 

familiarized itself both with the auction 

procedures and with the requirements 

for obtaining a license and operating 

facilities in the 3.45–3.55 GHz band. As 

with other certifications required to be 

made in an auction application, a failure 

to make the certification would render 

the application unacceptable for filing, 

and the application would be dismissed 

with prejudice. 

3. The Commission proposed to 

establish this requirement to help 

ensure that each applicant has reviewed 

the procedures to become a qualified 

bidder and participate in the auction 

process and that it has investigated and 

assessed technical and business factors 

that may be relevant to its use of the 

licenses being offered. The Commission 

reasoned that this requirement would 

promote an applicant’s successful 

participation and would minimize its 

risk of auction defaults. 

4. This certification is designed to 

bolster applicants’ efforts to educate 

themselves to the greatest extent 

possible about procedures for auction 

participation and to ensure that, prior to 

submitting their short-form 

applications, applicants understand 

their obligation to stay abreast of 

relevant, forthcoming information. By 

ensuring familiarity with the 

Commission’s rules and procedures 

governing Auction 110, OEA and WTB 

are also taking steps to help bidders 

avoid the consequences to them 

associated with defaults, as well as the 

consequences for other applicants, the 

public, and the Commission associated 

therewith. This certification, along with 

the other certifications required 

pursuant to § 1.2105(a) of the 

Commission’s rules, helps ensure that 

auction applicants are sincere about 

their interest in the auction, and it may 

discourage the filing of frivolous 

applications that waste Commission 

resources. 

5. For these reasons, OEA and WTB 

will require each Auction 110 applicant 

to certify as follows in its short-form 

application: 

That the applicant has read the public notice 

adopting procedures for the auction and that 

it has familiarized itself both with the 

auction procedures and with the 

requirements for obtaining a license and 

operating facilities in the 3.45–3.55 GHz 

band. 

An applicant will provide this 

certification under penalty of perjury, 

consistent with § 1.2105(a) of the 

Commission’s rules. 

6. This action is taken by the Office 

of Economics and Analytics, jointly 

with the Wireless Telecommunications 

Bureau, pursuant to §§ 0.21(m) and 

0.131(c) of the Commission’s rules. This 

requirement is an information collection 

that is subject to approval by the Office 

of Management and Budget (OMB), 

pursuant to the Paperwork Reduction 

Act of 1995, Public Law 104–13. 

Accordingly, this requirement will 

apply to applicants for Auction 110 only 

if it has been approved by OMB and 

notice of such approval has been 

published in the Federal Register prior 

to the opening of the short-form 

application window for Auction 110. 

Supplemental Final Regulatory 

Flexibility Analysis 

7. As required by the Regulatory 

Flexibility Act of 1980, as amended 

(RFA), a Supplemental Initial 

Regulatory Flexibility Analysis 

(Supplemental IRFA) was incorporated 

in the Auction 110 Comment Public 

Notice released in March 2021. The 


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