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Federal Register / Vol. 86, No. 239 / Thursday, December 16, 2021 / Rules and Regulations ii A description of any normative database that includes the following:
A The clinical definition used to establish a normal population and the specific selection criteria;
B The format for reporting normal values;
C Examples of screen displays and reports generated to provide the user results and normative data;
D Statistical methods and model assumptions; and E Any adjustments for age and gender.
iii A warning that the device should only be used by trained healthcare professionals;
iv A warning that the device does not identify the presence or absence of traumatic brain injury or other clinical diagnoses;
v A warning that the device is not a standalone diagnostic; and vi Any instructions to convey to patients regarding the administration of the test and collection of test data.
Dated: December 9, 2021.
Lauren K. Roth, Associate Commissioner for Policy.

certain nonattainment areas for the 2015
ozone National Ambient Air Quality Standards NAAQS and in states in the Ozone Transport Region OTR. Both New York and Pennsylvania are in the OTR. This action triggers certain CAA
deadlines for the EPA to impose sanctions if a state does not submit a complete SIP addressing the outstanding requirements and for the EPA to promulgate a Federal Implementation Plan FIP if the EPA
does not approve the states SIP
revision.
This action is effective on January 18, 2022.

DATES:

FOR FURTHER INFORMATION CONTACT:

General questions concerning this notice should be addressed to Bob Lingard, Office of Air Quality Planning and Standards, Air Quality Policy Division, Mail Code: C53901, 109 T.W.
Alexander Drive, Research Triangle Park, NC 27709; by telephone 919
5415272; or by email at lingard.robert@
epa.gov.
SUPPLEMENTARY INFORMATION:

I. General Information
FR Doc. 202127227 Filed 121521; 8:45 am
A. How is the preamble organized?

BILLING CODE 416401P

Table of Contents ENVIRONMENTAL PROTECTION
AGENCY
40 CFR PART 52
EPAHQOAR20210868; FRL925101
OAR

Findings of Failure To Submit State Implementation Plan Revisions for the 2016 Oil and Natural Gas Industry Control Techniques Guidelines for the 2015 Ozone National Ambient Air Quality Standards NAAQS and for States in the Ozone Transport Region Environmental Protection Agency EPA.
ACTION: Final action.
AGENCY:

The Environmental Protection Agency EPA is taking final action to find that the states of New York and Pennsylvania failed to submit State Implementation Plan SIP revisions required by the Clean Air Act CAA in a timely manner to address reasonably available control technology RACT
requirements associated with the 2016
Oil and Natural Gas Industry Control Techniques Guidelines CTG for reducing volatile organic compounds VOC. The RACT requirements associated with the CTG apply in
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SUMMARY:

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I. General Information A. How is the preamble organized?
B. Notice and Comment Under the Administrative Procedure Act APA
C. How can I get copies of this document and other related information?
D. Where do I go if I have specific state questions?
II. Background III. Consequences of Findings of Failure To Submit IV. Findings of Failure To Submit for States That Failed To Make a Nonattainment Area SIP Submittal and/or Ozone Transport Region SIP Submittal V. Environmental Justice Considerations VI. Statutory and Executive Order Reviews A. Executive Order 12866: Regulatory Planning and Executive Order 13563:
Improving Regulation and Regulatory Review B. Paperwork Reduction Act PRA
C. Regulatory Flexibility Act RFA
D. Unfunded Mandates Reform Act of 1995
UMRA
E. Executive Order 13132: Federalism F. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments G. Executive Order 13045: Protection of Children From Environmental Health and Safety Risks H. Executive Order 13211: Actions That Significantly Affect Energy Supply, Distribution or Use I. National Technology Transfer and Advancement Act NTTAA

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J. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority and Low Income Populations K. Congressional Review Act CRA
L. Judicial Review
B. Notice and Comment Under the Administrative Procedure Act APA
Section 553 of the APA, 5 U.S.C.
553b3B, provides that, when an agency for good cause finds that notice and public procedures are impracticable, unnecessary or contrary to the public interest, the agency may issue a rule without providing notice and an opportunity for public comment.
The EPA has determined that there is good cause for making this final agency action without prior proposal and opportunity for comment because no significant EPA judgment is involved in making findings of failure to submit SIPs, or elements of SIPs, required by the CAA, where states have made no submissions to meet the requirement.
Thus, notice and public procedures are unnecessary to take this action. The EPA finds that this constitutes good cause under 5 U.S.C. 553b3B.
C. How can I get copies of this document and other related information?
The EPA has established a docket for this action under Docket ID No. EPA
HQOAR20210868. Publicly available docket materials are available either electronically through http
www.regulations.gov or in hard copy at the EPA Docket Center, EPA/DC, William Jefferson Clinton Building, Room 3334, 1301 Constitution Avenue NW, Washington, DC. Out of an abundance of caution for members of the public and our staff, the EPA Docket Center and Reading Room are open to the public by appointment only to reduce the risk of transmitting COVID
19. Docket Center staff will continue to provide remote customer service via email, phone, and webform. The telephone number for the Public Reading Room is 202 5661744 and the telephone number for the Office of Air and Radiation Docket and Information Center is 202 5661742.
For further information on EPA Docket Center services and the current status, please visit us online at https
www.epa.gov/dockets.
D. Where do I go if I have specific state questions?
For questions related to specific states mentioned in this notice, please contact the appropriate EPA Regional office:

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