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Federal Register / Vol. 86, No. 44 / Tuesday, March 9, 2021 / Proposed Rules
B. Do the rules meet the evaluation criteria?
These rules are consistent with CAA
requirements and relevant guidance regarding enforceability, stringency, and SIP revisions. The TSDs have more information on our evaluation.
C. EPA Recommendations To Further Improve the Rules The TSD for Rule 215 describes a suggested rule revision that we recommend for the next time the local agency modifies the rule.
D. Public Comment and Proposed Action As authorized in section 110k3 of the Act, the EPA proposes to fully approve the submitted rules because they fulfill all relevant requirements.
We will accept comments from the public on this proposal until April 8, 2021. If we take final action to approve the submitted rules, our final action will incorporate these rules into the federally enforceable SIP.

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III. Incorporation by Reference In these rules, the EPA is proposing to include in a final EPA rule regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, the EPA is proposing to incorporate by reference the EDCAQMD Rule 215 and the SCAQMD Rule 102 described in Table 1 of this preamble. The EPA has made, and will continue to make, these materials 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.
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. 7410k;
40 CFR 52.02a. Thus, in reviewing SIP
submissions, the EPAs role is to approve state choices, provided that they meet the criteria of the Clean Air Act. Accordingly, this proposed action merely proposes to approve state law as meeting federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this proposed 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;

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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. 1044;
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 12d 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 disproportionate human health or environmental effects with practical, appropriate, 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.
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, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: February 26, 2021.
Deborah Jordan, Acting Regional Administrator, Region IX.
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FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 73
MB Docket No. 2150; RM11875; DA 21
159; FR ID 17524

Television Broadcasting Cape Girardeau, Missouri Federal Communications Commission.
ACTION: Proposed Rule.
AGENCY:

The Video Division has before it a petition for rulemaking filed November 27, 2020 Petition by Gray Television Licensee, LLC Petitioner, the licensee of KFVSTV CBS, channel 11 KFVS or Station, Cape Girardeau, Missouri. The Petitioner requests the substitution of channel 32 for channel 11 at Cape Girardeau, Missouri in the DTV Table of Allotments. In support of its channel substitution request, the Petitioner states that the Commission has recognized that VHF channels have certain propagation characteristics which may cause reception issues for some viewers, and also that the reception of VHF signals require larger antennas . . . relative to UHF
channels. According to the Petitioner, many of its viewers experience significant difficulty receiving KFVS
TVs signal and its channel substitution proposal will allow KFVS
to deliver a more reliable over-the-air signal to viewers. The Petitioner further states that operation on channel 32 will not result in any predicted loss of service and would result in a substantial increase in signal receivability for KFVS viewers. We believe that the Petitioners channel substitution proposal warrants consideration. Channel 32 can be substituted for channel 11 at Cape Girardeau, Missouri as proposed, in compliance with the principal community coverage requirements of the Commissions rules at coordinates 372746.0 N and 893014.0 W. In addition, we find that this channel change meets the technical requirements set forth in our regulations. We believe that the Petitioners channel substitution proposal warrants consideration.
Channel 32 can be substituted for channel 11 at Cape Girardeau, Missouri as proposed, in compliance with the principal community coverage requirements of the Commissions rules at coordinates 372746.0 N and 8930
14.0 W. In addition, we find that this channel change meets the technical requirements set forth in our regulations.

SUMMARY:

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