Federal Register / Vol. 86, No. 111 / Friday, June 11, 2021 / Rules and Regulations 31177 

permit decision should be reviewed. 

The petition must demonstrate that each 

challenge to the permit decision is 

based on: 

(A) A finding of fact or conclusion of 

law that is clearly erroneous; or 

(B) An exercise of discretion or an 

important policy consideration that the 

Environmental Appeals Board should, 

in its discretion, review. 

(ii) Petitioners must demonstrate, by 

providing specific citation to the 

administrative record, including the 

document name and page number, that 

each issue being raised in the petition 

was raised during the public comment 

period (including any public hearing) to 

the extent required by § 124.13. For each 

issue raised that was not raised 

previously, the petition must explain 

why such issues were not required to be 

raised during the public comment 

period as provided in § 124.13. 

Additionally, if the petition raises an 

issue that the Regional Administrator 

addressed in the response to comments 

document issued pursuant to § 124.17, 

then petitioner must provide a citation 

to the relevant comment and response 

and explain why the Regional 

Administrator’s response to the 

comment was clearly erroneous or 

otherwise warrants review. 

* * * * * 

(e) Participation by amicus curiae. 

Any interested person may file an 

amicus brief in any appeal pending 

before the Environmental Appeals 

Board under this section. The deadline 

for filing such brief is 15 days after the 

filing of the response brief, except that 

amicus briefs in PSD or other new 

source permit appeals must be filed 

within 21 days after the filing of the 

petition. Amicus briefs must comply 

with all procedural requirements of this 

section. 

* * * * * 

(g) Timing of motions for extension of 

time. Parties must file motions for 

extensions of time sufficiently in 

advance of the due date to allow other 

parties to have a reasonable opportunity 

to respond to the request for more time 

and to provide the Environmental 

Appeals Board with a reasonable 

opportunity to issue an order. 

* * * * * 

(l) Final disposition and judicial 

review. (1) A petition to the 

Environmental Appeals Board under 

paragraph (a) of this section is, under 5 

U.S.C. 704, a prerequisite to seeking 

judicial review of the final agency 

action. 

(2) For purposes of judicial review 

under the appropriate Act, final agency 

action on a permit occurs when agency 

review procedures under this section 

are exhausted and the Regional 

Administrator subsequently issues a 

final permit decision under this 

paragraph (l). A final permit decision 

must be issued by the Regional 

Administrator: 

(i) When the Environmental Appeals 

Board issues notice to the parties that 

the petition for review has been denied; 

(ii) When the Environmental Appeals 

Board issues a decision on the merits of 

the appeal and the decision does not 

include a remand of the proceedings; or 

(iii) Upon the completion of remand 

proceedings if the proceedings are 

remanded, unless the Environmental 

Appeals Board’s remand order 

specifically provides that appeal of the 

remand decision will be required to 

exhaust administrative remedies. 

(3) The Regional Administrator must 

promptly publish notice of any final 

agency action in the Federal Register 

regarding the following permits: 

(i) PSD permits; 

(ii) Outer continental shelf permits 

issued under 40 CFR part 55; 

(iii) Federal Title V operating permits 

issued under 40 CFR part 71; 

(iv) Acid Rain permits appealed under 

40 CFR part 78; 

(v) Tribal Major Non-Attainment NSR 

permits issued under 40 CFR 49.166 

through 49.173; and 

(vi) Tribal Minor NSR permits issued 

under 40 CFR 49.151 through 49.161. 

* * * * * 

(p) Authority to initiate review. The 

Environmental Appeals Board also may 

decide on its own initiative to review 

any condition of any RCRA, UIC, 

NPDES, or PSD permit decision issued 

under this part for which review is 

available under paragraph (a) of this 

section. The Environmental Appeals 

Board must act under this paragraph (p) 

within 30 days of the service date of 

notice of the Regional Administrator’s 

action. 

[FR Doc. 2021–12291 Filed 6–10–21; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 61 

[Docket ID FEMA–2018–0026] 

RIN 1660–AA95 

National Flood Insurance Program: 

Conforming Changes To Reflect the 

Biggert-Waters Flood Insurance 

Reform Act of 2012 (BW–12) and the 

Homeowners Flood Insurance 

Affordability Act of 2014 (HFIAA), and 

Additional Clarifications for Plain 

Language; Correction 

AGENCY: Federal Emergency 

Management Agency, Department of 

Homeland Security (DHS). 

ACTION: Final rule; correction. 

SUMMARY: On July 20, 2020, FEMA 

published in the Federal Register a final 

rule revising the National Flood 

Insurance Program (NFIP) regulations to 

codify certain provisions of the BiggertWaters Flood Insurance Reform Act of 

2012 and the Homeowner Flood 

Insurance Affordability Act of 2014, and 

to clarify certain existing NFIP rules 

relating to NFIP operations and the 

Standard Flood Insurance Policy. This 

final rule provides corrections to those 

instructions, to be used in lieu of the 

information published July 20. 

DATES: This correction is effective 

October 1, 2021. 

ADDRESSES: The docket for this 

rulemaking is available for inspection 

using the Federal eRulemaking Portal at 

http://www.regulations.gov and can be 

viewed by following that website’s 

instructions. 

FOR FURTHER INFORMATION CONTACT: 

Kelly Bronowicz, Director, Policyholder 

Services Division, Federal Insurance 

and Mitigation Administration, Federal 

Emergency Management Agency, 400 C 

Street SW, Washington, DC 20472, (202) 

557–9488. 

SUPPLEMENTARY INFORMATION: In FR Doc. 

2020–09260, beginning on page 43946 

in the Federal Register of Monday, July 

20, 2020, the following corrections are 

made: 

Appendix A(1) to Part 61 [Corrected] 

■ 1. On page 43968, in the second 

column, in appendix A(1) to part 61, the 

signatory ‘‘Administrator, Federal 

Insurance and Mitigation 

Administration’’ is corrected to read 

‘‘Federal Insurance and Mitigation 

Administration’’. 


jbell on DSKJLSW7X2PROD with RULES
31178 Federal Register / Vol. 86, No. 111 / Friday, June 11, 2021 / Rules and Regulations 

Appendix A(2) to Part 61 [Corrected] 

■ 2. On page 43976, in the second 

column, in appendix A(2) to part 61, the 

signatory ‘‘Administrator, Federal 

Insurance and Mitigation 

Administration’’ is corrected to read 

‘‘Federal Insurance and Mitigation 

Administration’’. 

Appendix A(3) to Part 61 [Corrected] 

■ 3. On page 43985, in the first column, 

in appendix A(3) to part 61, the 

signatory ‘‘Administrator, Federal 

Insurance and Mitigation 

Administration’’ is corrected to read 

‘‘Federal Insurance and Mitigation 

Administration’’. 

Deanne B. Criswell, 

Administrator, Federal Emergency 

Management Agency. 

[FR Doc. 2021–12236 Filed 6–10–21; 8:45 am] 

BILLING CODE 9111–52–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 300 

[Docket No. 210603–0121] 

RIN 0648–BJ86 

International Fisheries; Western and 

Central Pacific Fisheries for Highly 

Migratory Species; Implementation of 

Emergency Decisions of the Western 

and Central Pacific Fisheries 

Commission 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Interim final rule; temporary 

specifications; request for comments. 

SUMMARY: This interim final rule 

establishes a framework to implement 

short-notice decisions of the 

Commission on the Conservation and 

Management of Highly Migratory Fish 

Stocks in the Western and Central 

Pacific Ocean (Commission or WCPFC). 

Using the framework established 

through this interim final rule, this 

action also includes temporary 

specifications to implement three shortnotice WCPFC decisions. NMFS is 

undertaking this action under the 

authority of the Western and Central 

Pacific Fisheries Convention 

Implementation Act (WCPFC 

Implementation Act) to satisfy the 

obligations of the United States as a 

Contracting Party to the Convention on 

the Conservation and Management of 

Highly Migratory Fish Stocks in the 

Western and Central Pacific Ocean 

(Convention). NMFS seeks comments on 

this interim final rule and will respond 

to those comments in a subsequent final 

rule. 

DATES:

Effective date: This interim final rule 

is effective on June 11, 2021. 

Temporary specifications: The 

temporary specifications set out in the 

preamble are in effect from June 11, 

2021 until September 14, 2021. 

Comment due date: Comments on the 

interim final rule must be submitted in 

writing by July 12, 2021. 

ADDRESSES: You may submit comments 

on the interim final rule, identified by 

NOAA–NMFS–2020–0150, and the 

regulatory impact review (RIR) prepared 

for the interim final rule, by either of the 

following methods: 

• Electronic Submission: Submit all 

electronic public comments via the 

Federal e-Rulemaking Portal. Go to 

https://www.regulations.gov and enter 

NOAA–NMFS–2020–0150 in the Search 

box. Click on the ‘‘Comment’’ icon, 

complete the required fields, and enter 

or attach your comments. 

• Mail: Submit written comments to 

Michael D. Tosatto, Regional 

Administrator, NMFS, Pacific Islands 

Regional Office (PIRO), 1845 Wasp 

Blvd., Building 176, Honolulu, HI 

96818. 

Instructions: Comments sent by any 

other method, to any other address or 

individual, or received after the end of 

the comment period, might not be 

considered by NMFS. All comments 

received are a part of the public record 

and will generally be posted for public 

viewing on www.regulations.gov 

without change. All personal identifying 

information (e.g., name and address), 

confidential business information, or 

otherwise sensitive information 

submitted voluntarily by the sender will 

be publicly accessible. NMFS will 

accept anonymous comments (enter 

‘‘N/A’’ in the required fields if you wish 

to remain anonymous). 

Copies of the RIR, the programmatic 

environmental assessment (PEA), 2019 

supplemental environmental assessment 

(SEA), and 2021 SEA prepared for 

National Environmental Policy Act 

(NEPA) purposes are available at 

www.regulations.gov or may be obtained 

from Michael D. Tosatto, Regional 

Administrator, NMFS PIRO (see address 

above). 

FOR FURTHER INFORMATION CONTACT: Rini 

Ghosh, NMFS PIRO, 808–725–5033. 

SUPPLEMENTARY INFORMATION: 

Background on the Convention 

The Convention is concerned with the 

conservation and management of highly 

migratory fish stocks (HMS) and the 

management of fisheries for HMS. The 

objective of the Convention is to ensure, 

through effective management, the longterm conservation and sustainable use 

of HMS in the western and central 

Pacific Ocean (WCPO). To accomplish 

this objective, the Convention 

established the Commission, which 

includes Members, Cooperating Nonmembers, and Participating Territories 

(collectively referred to here as 

‘‘members’’). The United States of 

America is a Member. American Samoa, 

Guam, and the Commonwealth of the 

Northern Mariana Islands are 

Participating Territories. 

As a Contracting Party to the 

Convention and a Member of the 

Commission, the United States 

implements, as appropriate, 

conservation and management measures 

adopted by the Commission and other 

decisions of the Commission. The 

WCPFC Implementation Act (16 U.S.C. 

6901 et seq.), authorizes the Secretary of 

Commerce, in consultation with the 

Secretary of State and the Secretary of 

the Department in which the United 

States Coast Guard is operating (the 

Department of Homeland Security), to 

promulgate such regulations as may be 

necessary to carry out the obligations of 

the United States under the Convention, 

including the decisions of the 

Commission. The WCPFC 

Implementation Act further provides 

that the Secretary of Commerce shall 

ensure consistency, to the extent 

practicable, of fishery management 

programs administered under the 

WCPFC Implementation Act and the 

Magnuson-Stevens Fishery 

Conservation and Management Act 

(MSA; 16 U.S.C. 1801 et seq.), as well 

as other specific laws (see 16 U.S.C. 

6905(b)). The Secretary of Commerce 

has delegated the authority to 

promulgate regulations under the 

WCPFC Implementation Act to NMFS. 

A map showing the boundaries of the 

area of application of the Convention 

(Convention Area), which comprises the 

majority of the WCPO, can be found on 

the WCPFC website at: www.wcpfc.int/ 

doc/convention-area-map. 

Background on WCPFC Emergency 

Decisions 

On March 27, 2020, in response to 

public health concerns related to the 

COVID–19 pandemic, NMFS published 

an emergency rule providing authority 

to waive certain observer requirements 

(85 FR 17285). This rule was 


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