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Federal Register / Vol. 86, No. 154 / Friday, August 13, 2021 / Proposed Rules Regulatory Flexibility Act 5 U.S.C. 601
et seq. and that this proposed rule 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, because the EPA is required to grant requests by states for voluntary reclassifications, and such reclassifications in and of themselves do not impose any federal intergovernmental mandate, and because tribes are not subject to implementation plan submittal deadlines that apply to states as a result of reclassifications.
Executive Order 13175 65 FR 67249, November 9, 2000 requires the EPA to develop an accountable process to ensure meaningful and timely input by tribal officials in the development of regulatory policies that have tribal implications. Policies that have tribal implications is defined in Executive Order 13175 to include regulations that have substantial direct effects on one or more Indian tribes, on the relationship between the federal government and Indian tribes, or on the distribution of power and responsibilities between the federal government and Indian tribes. Four Indian tribes have areas of Indian country located within the boundaries of the Sacramento Metro ozone nonattainment area, and there are no areas of Indian country located in the Eastern Kern and Western Nevada ozone nonattainment areas. The EPA
implements federal CAA programs, including reclassifications, in these areas of Indian country within the boundaries of the Sacramento Metro area, consistent with our discretionary authority under sections 301a and 301d4 of the CAA. The EPA has concluded that this proposed rule might have tribal implications for the purposes of Executive Order 13175 but would not impose substantial direct costs upon the tribes, nor would it preempt Tribal law.
As discussed in Section III of this document, this proposed rule does not affect the implementation of NSR or title V programs in these areas of Indian country, nor does it affect projects proposed in these areas of Indian country that require federal permits, approvals, or funding under the EPAs general conformity rule. None of the affected tribes would be required to submit an implementation plan as a result of this reclassification.
The EPA contacted tribal officials early in the process of developing this proposed rule to provide an opportunity to have meaningful and timely input into its development. On December 11, 2020, we sent letters to leaders of the
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four tribal governments representing the areas of Indian country in the nonattainment area offering government-to-government consultation and seeking input on how we could best communicate with the tribes on this rulemaking effort. No tribes requested government-to-government consultation on this action.
Executive Order 12898 establishes federal executive policy on environmental justice. Its main provision directs federal agencies, to the greatest extent practicable and permitted by law, to make environmental justice part of their mission by identifying and addressing, as appropriate, disproportionately high and adverse human health or environmental effects of their programs, policies, and activities on minority populations and low-income populations in the United States. This reclassification action 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.
This proposed action also does not have federalism implications because it does not have substantial direct effects on the states, on the relationship between the national government and the states, nor on the distribution of power and responsibilities among the various levels of government, as specified in Executive Order 13132 64
FR 43255, August 10, 1999. This proposed action does not alter the relationship or the distribution of power and responsibilities established in the CAA.
This proposed rule also is not subject to Executive Order 13045, Protection of Children from Environmental Health Risks and Safety Risks 62 FR 19885, April 23, 1997, because the EPA
interprets Executive Order 13045 as applying only to those regulatory actions that concern health or safety risks, such that the analysis required under section 5501 of Executive Order 13045 has the potential to influence the regulation.
As this proposal would set a deadline for the submittal of CAA required plans and information, the requirements of section 12d of the National Technology Transfer and Advancement Act of 1995 15 U.S.C. 272 note do not apply. This proposed rule does not impose an information collection burden under the provisions of the Paperwork Reduction Act of 1995 44
U.S.C. 3501 et seq..

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List of Subjects in 40 CFR Part 81
Environmental protection, Air pollution control, Intergovernmental relations, National parks, Ozone, Wilderness areas.
Dated: July 13, 2021.
Deborah Jordan, Acting Regional Administrator, Region IX.
FR Doc. 202116446 Filed 81221; 8:45 am BILLING CODE 656050P

FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 20
GN Docket No. 13111; FCC 2182; FR ID
39501

Promoting Technological Solutions To Combat Contraband Wireless Device Use in Correctional Facilities Federal Communications Commission.
ACTION: Proposed rule.
AGENCY:

SUMMARY: In this document, the Federal Communications Commission Commission or FCC takes further steps to facilitate the deployment and viability of technological solutions used to combat contraband wireless devices in correctional facilities. The Second Further Notice of Proposed Rulemaking SFNPRM seeks further comment on the relative effectiveness, viability, and cost of additional technological solutions to combat contraband phone use in correctional facilities previously identified in the record.
DATES: Interested parties may file comments on or before September 13, 2021, and reply comments on or before October 12, 2021.
ADDRESSES: You may submit comments, identified by GN Docket No. 13111, by any of the following methods:
Electronic Filers: Comments may be filed electronically using the internet by accessing the Commissions Electronic Comment Filing System ECFS: http
apps.fcc.gov/ecfs/.
Paper Filers: Parties who choose to file by paper must file an original and one copy of each filing.
Filings can be sent by commercial overnight courier, or by first-class or overnight U.S. Postal Service mail. All filings must be addressed to the Commissions Secretary, Office of the Secretary, Federal Communications Commission.
Commercial overnight mail other than U.S. Postal Service Express Mail and Priority Mail must be sent to 9050
Junction Drive, Annapolis Junction, MD
20701.

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