Federal Register

FEDERAL REGISTER

Vol. 86 Monday No. 107 June 7, 2021

Pages 30131–30374

OFFICE OF THE FEDERAL REGISTER

VerDate Sep 11 2014 19:17 Jun 04, 2021 Jkt 250001 PO 00000 Frm 00001 Fmt 4710 Sfmt 4710 E:\FR\FM\07JNWS.LOC 07JNWS khammond on DSKJM1Z7X2PROD with FR-1WS II Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021

The FEDERAL REGISTER (ISSN 0097–6326) is published daily, SUBSCRIPTIONS AND COPIES Monday through Friday, except official holidays, by the Office PUBLIC of the Federal Register, National Archives and Records Administration, under the Federal Register Act (44 U.S.C. Ch. 15) Subscriptions: and the regulations of the Administrative Committee of the Federal Paper or fiche 202–512–1800 Register (1 CFR Ch. I). The Superintendent of Documents, U.S. Assistance with public subscriptions 202–512–1806 Government Publishing Office, is the exclusive distributor of the official edition. Periodicals postage is paid at Washington, DC. General online information 202–512–1530; 1–888–293–6498 Single copies/back copies: The FEDERAL REGISTER provides a uniform system for making available to the public regulations and legal notices issued by Paper or fiche 202–512–1800 Federal agencies. These include Presidential proclamations and Assistance with public single copies 1–866–512–1800 Executive Orders, Federal agency documents having general (Toll-Free) applicability and legal effect, documents required to be published FEDERAL AGENCIES by act of Congress, and other Federal agency documents of public Subscriptions: interest. Assistance with Federal agency subscriptions: Documents are on file for public inspection in the Office of the Federal Register the day before they are published, unless the Email [email protected] issuing agency requests earlier filing. For a list of documents Phone 202–741–6000 currently on file for public inspection, see www.federalregister.gov. The seal of the National Archives and Records Administration The Federal Register Printing Savings Act of 2017 (Pub. L. 115- authenticates the Federal Register as the official serial publication 120) placed restrictions on distribution of official printed copies established under the Federal Register Act. Under 44 U.S.C. 1507, of the daily Federal Register to members of Congress and Federal the contents of the Federal Register shall be judicially noticed. offices. Under this Act, the Director of the Government Publishing The Federal Register is published in paper and on 24x microfiche. Office may not provide printed copies of the daily Federal Register It is also available online at no charge at www.govinfo.gov, a unless a Member or other Federal office requests a specific issue service of the U.S. Government Publishing Office. or a subscription to the print edition. For more information on how to subscribe use the following website link: https:// The online edition of the Federal Register is issued under the www.gpo.gov/frsubs. authority of the Administrative Committee of the Federal Register as the official legal equivalent of the paper and microfiche editions (44 U.S.C. 4101 and 1 CFR 5.10). It is updated by 6:00 a.m. each day the Federal Register is published and includes both text and graphics from Volume 1, 1 (March 14, 1936) forward. For more information, contact the GPO Customer Contact Center, U.S. Government Publishing Office. Phone 202-512-1800 or 866-512- 1800 (toll free). E-mail, gpocusthelp.com. The annual subscription price for the Federal Register paper edition is $860 plus postage, or $929, for a combined Federal Register, Federal Register Index and List of CFR Sections Affected (LSA) subscription; the microfiche edition of the Federal Register including the Federal Register Index and LSA is $330, plus postage. Six month subscriptions are available for one-half the annual rate. The prevailing postal rates will be applied to orders according to the delivery method requested. The price of a single copy of the daily Federal Register, including postage, is based on the number of pages: $11 for an issue containing less than 200 pages; $22 for an issue containing 200 to 400 pages; and $33 for an issue containing more than 400 pages. Single issues of the microfiche edition may be purchased for $3 per copy, including postage. Remit check or money order, made payable to the Superintendent of Documents, or charge to your GPO Deposit Account, VISA, MasterCard, American Express, or Discover. Mail to: U.S. Government Publishing Office—New Orders, P.O. Box 979050, St. Louis, MO 63197-9000; or call toll free 1-866-512-1800, DC area 202-512-1800; or go to the U.S. Government Online Bookstore site, see bookstore.gpo.gov. There are no restrictions on the republication of material appearing in the Federal Register. How To Cite This Publication: Use the volume number and the page number. Example: 86 FR 12345. Postmaster: Send address changes to the Superintendent of Documents, Federal Register, U.S. Government Publishing Office, Washington, DC 20402, along with the entire mailing label from the last issue received.

Prin~d oo recycled papN.

VerDate Sep 11 2014 19:17 Jun 04, 2021 Jkt 250001 PO 00000 Frm 00002 Fmt 4710 Sfmt 4710 E:\FR\FM\07JNWS.LOC 07JNWS

khammond on DSKJM1Z7X2PROD with FR-1WS * III

Contents Federal Register Vol. 86, No. 107

Monday, June 7, 2021

Agriculture Department NOTICES See Animal and Plant Health Inspection Service Agency Information Collection Activities; Proposals, See Forest Service Submissions, and Approvals, 30289–30290 See Rural Housing Service NOTICES Drug Enforcement Administration Agency Information Collection Activities; Proposals, RULES Submissions, and Approvals, 30250 Designation of 3,4-MDP-2-P methyl glycidate (PMK glycidate), 3,4-MD-2-P methyl glycidic acid (PMK Animal and Plant Health Inspection Service glycidic acid), and alpha-phenylacetoacetamide NOTICES (APAA) as List I Chemicals: Agency Information Collection Activities; Proposals, Correction, 30169 Submissions, and Approvals: Education Department Emergency Management Response System, 30250–30251 NOTICES Agency Information Collection Activities; Proposals, Centers for Disease Control and Prevention Submissions, and Approvals: NOTICES High School and Beyond 2022 Base-Year Full-Scale Agency Information Collection Activities; Proposals, Study Data Collection and First Follow-up Field Test Submissions, and Approvals, 30318–30320 Sampling, Tracking, and Recruitment, 30291–30292 Impact Evaluation of Departmentalized Instruction in Coast Guard Elementary Schools, 30311 RULES Applications for New Awards: Safety Zones: Education Innovation and Research Program— Charlevoix Graduation Fireworks, Lake Charlevoix, East Expansion—phase Grants, 30302–30311 Jordan, MI, 30180–30182 Education Innovation and Research Program—Mid-phase Commencement Bay, Tacoma, WA, 30180 Grants, 30292–30302 July 4th Holiday Fireworks in the Coast Guard Captain of the Port Maryland-National Capital Region Zone, Energy Department 30178–30180 See Federal Energy Regulatory Commission PROPOSED RULES NOTICES Safety Zones: Agency Information Collection Activities; Proposals, Cumberland River, Mile Markers 128.0–128.3, Clarksville, Submissions, and Approvals: TN, 30230–30232 Energy Efficiency and Conservation Block Grant July 4th Holiday Fireworks on the Miles River, St. Financing Programs, 30311–30312 Michaels, MD, 30228–30230 Special Local Regulations: Engineers Corps Choptank River, Cambridge, MD, 30221–30224 NOTICES Patuxent River, Solomons, MD, 30224–30228 Request for Applications: NOTICES Missouri River Recovery Implementation Committee, Environmental Impact Statements; Availability, etc.: 30290–30291 BNSF Railway Bridge across the Missouri River between Environmental Protection Agency Bismarck and Mandan, ND, 30323–30324 RULES Air Quality State Implementation Plans; Approvals and Commerce Department Promulgations: See Foreign-Trade Zones Board Indiana; Two Revised Sulfur Dioxide Rules for Lake See International Trade Administration County, 30201–30203 See National Oceanic and Atmospheric Administration Designation of Areas for Air Quality Planning Purposes: California; Eastern Kern Ozone Nonattainment Area; Consumer Product Safety Commission Reclassification to Severe, 30204–30206 NOTICES Modification of Significant New Uses of Certain Chemical Regulatory Flexibility Act: Substances (20–2.M), 30210–30215 Review of the Safety Standards for the Testing and Significant New Use Rules: Labeling Regulations Pertaining to Product Certain Chemical Substances (20–5.B), 30190–30196 Certification of Children’s Products, including Certain Chemical Substances (20–6.B), 30184–30190 Reliance on Component Part Testing, 30288–30289 Certain Chemical Substances (20–7.B), 30196–30201 Tolerance Exemption: Corporation for National and Community Service Cellulose, ethyl ether, 30206–30210 RULES PROPOSED RULES Volunteer Discrimination Complaint Process, 30169–30177 Air Quality State Implementation Plans; Approvals and Promulgations: Defense Department California; Eastern Kern Nonattainment Area, 30234– See Engineers Corps 30237

VerDate Sep<11>2014 20:29 Jun 04, 2021 Jkt 253001 PO 00000 Frm 00001 Fmt 4748 Sfmt 4748 E:\FR\FM\07JNCN.SGM 07JNCN khammond on DSKJM1Z7X2PROD with CONTENTS IV Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Contents

California; San Diego County Air Pollution Control Foreign-Trade Zones Board District, 30232–30234 NOTICES Proposed Exclusion for Identifying and Listing Hazardous Proposed Production Activity: Waste: Airbus OneWeb Satellites North America, LLC, Foreign- Hazardous Waste Management System, 30237–30243 Trade Zone 136, Brevard County, FL, 30252

Federal Aviation Administration Forest Service RULES NOTICES Airspace Designations and Reporting Points Agency Information Collection Activities; Proposals, Bakersfield, CA, 30168–30169 Submissions, and Approvals: Delano, CA, 30167–30168 Community Forest and Open Space Program, 30251– Shafter, CA, 30164–30165 30252 Airspace Designations and Reporting Points:, 30165–30167 Airworthiness Directives: Airbus Helicopters, 30151–30153 Health and Human Services Department Airbus Helicopters Deutschland GmbH Helicopters, See Centers for Disease Control and Prevention 30162–30164 See Food and Drug Administration Leonardo S.p.a., 30153–30155 See National Institutes of Health Leonardo S.p.a. Helicopters, 30158–30162 Pilatus Aircraft Ltd. Airplanes, 30155–30158 Homeland Security Department PROPOSED RULES See Coast Guard Airworthiness Directives: See Federal Emergency Management Agency The Boeing Company Airplanes, 30216–30218 See U.S. Customs and Border Protection Airworthiness Directives; Airbus Helicopters Deutschland GmbH (AHD) Housing and Urban Development Department Helicopters, 30218–30221 NOTICES NOTICES Agency Information Collection Activities; Proposals, Agency Information Collection Activities; Proposals, Submissions, and Approvals: Submissions, and Approvals: Unmanned Aircraft Systems Support Center Case Choice Neighborhoods, 30328–30329 Management System, 30368 Interior Department Federal Communications Commission See Land Management Bureau NOTICES See Reclamation Bureau Agency Information Collection Activities; Proposals, Submissions, and Approvals, 30315–30318 Internal Revenue Service NOTICES Federal Emergency Management Agency Requests for Nominations: NOTICES Internal Revenue Service Advisory Council, 30373–30374 Agency Information Collection Activities; Proposals, Submissions, and Approvals: International Trade Administration Generic Clearance for the Collection of Qualitative NOTICES Feedback on Agency Service Delivery, 30327–30328 Antidumping or Countervailing Duty Investigations, Orders, National Fire Academy Long-Term Evaluation Form for or Reviews: Supervisors and National Fire Academy Long-Term Certain Corrosion-Resistant Steel Products from Taiwan; Evaluation Form for Students/Trainees, 30326 Request for Information: Affirmative Final Determination of Circumvention FEMA Programs, Regulations, and Policies, 30326–30327 involving Malaysia, 30257–30260 Certain Corrosion-Resistant Steel Products from the Federal Energy Regulatory Commission People’s Republic of China; Affirmative Final NOTICES Determination of Circumvention involving Malaysia, Climate Change, Extreme Weather, and Electric System 30263–30266 Reliability, 30314–30315 Certain Corrosion-Resistant Steel Products from the Combined Filings, 30312–30314 People’s Republic of China; Negative Final License Transfer: Determination of Circumvention involving South Northbrook Carolina Hydro II, LLC; HydroLand Carolinas Africa, 30253 I, LLC, 30313–30315 Certain Uncoated Paper from the People’s Republic of China, 30260–30262 Food and Drug Administration Floor-Standing, Metal-Top Ironing Tables and Certain NOTICES Parts Thereof from the People’s Republic of China, Determination that Products Were Not Withdrawn from 30255–30256 Sale for Reasons of Safety or Effectiveness: Polyethylene Terephthalate Film, Sheet, and Strip From ATROVENT (Ipratropium Bromide) Metered Spray, 0.021 India, 30255 Micrograms/Spray and 0.042 Micrograms/Spray, Potassium Permanganate from the People’s Republic of 30321–30322 China, 30256–30257 QUELICIN PRESERVATIVE FREE (Succinylcholine Pressure Sensitive Plastic Tape from Italy, 30253–30254 Chloride) Injection, 20 Milligrams/Milliliter, 50 Seamless Carbon and Alloy Steel Standard, Line and Milligrams/Milliliter, and 100 Milligrams/Milliliter, Pressure Pipe from the People’s Republic of China, 30320–30321 30262–30263

VerDate Sep<11>2014 20:29 Jun 04, 2021 Jkt 253001 PO 00000 Frm 00002 Fmt 4748 Sfmt 4748 E:\FR\FM\07JNCN.SGM 07JNCN khammond on DSKJM1Z7X2PROD with CONTENTS Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Contents V

International Trade Commission Neighborhood Reinvestment Corporation NOTICES NOTICES Antidumping or Countervailing Duty Investigations, Orders, Meetings; Sunshine Act, 30336–30337 or Reviews: Carbazole Violet Pigment 23 from China and India, 30331 Nuclear Regulatory Commission Complaint: NOTICES Certain Networking Devices, Computers, and Components Meetings; Sunshine Act, 30337 Thereof, 30331–30332 Investigations; Determinations, Modifications, and Rulings, Peace Corps etc.: RULES Barium Chloride from China, 30332 Volunteer Discrimination Complaint Process, 30169–30177 Pipeline and Hazardous Materials Safety Administration Justice Department NOTICES See Drug Enforcement Administration Hazardous Materials: Actions on Special Permits, 30368–30370 Labor Department Applications for Modifications to Special Permit, 30370– See Workers Compensation Programs Office 30371 NOTICES Applications for New Special Permits, 30372–30373 Agency Information Collection Activities; Proposals, New York State Department of Environmental Conservation Submissions, and Approvals: Requirements on Gasoline Transport Vehicles, 30371– Consumer Expenditure Surveys: Quarterly Interview and 30372 Diary, 30333 National Longitudinal Survey of Youth 1997, 30332– Presidential Documents 30333 PROCLAMATIONS Occupational Requirements Survey, 30334 Special Observances: Testing, Evaluation, and Approval of Mining Products, Black Music Appreciation Month (Proc. 10220), 30131– 30333–30334 30132 Great Outdoors Month (Proc. 10221), 30133–30134 Land Management Bureau Lesbian, Gay, Bisexual, Transgender, and Queer Pride NOTICES Month (Proc. 10222), 30135–30136 Meetings: National Caribbean-American Heritage (Proc. 10223), Application for Withdrawal; Mendenhall Glacier 30137–30138 Recreation Area, AK, 30329–30330 National Homeownership Month (Proc. 10224), 30139– 30140 National Aeronautics and Space Administration National Immigrant Heritage Month (Proc. 10225), 30141– NOTICES 30142 Agency Information Collection Activities; Proposals, National Ocean Month (Proc. 10226), 30143–30144 Submissions, and Approvals, 30335–30336 EXECUTIVE ORDERS China; Efforts To Address Threat From Securities National Institutes of Health Investments That Finance Certain Companies (EO NOTICES 14032), 30145–30149 Meetings: Center for Scientific Review, 30323 Reclamation Bureau National Cancer Institute, 30322–30323 NOTICES National Institute of Diabetes and Digestive and Kidney Privacy Act; Systems of Records, 30330 Diseases, 30322 Rural Housing Service National Institute on Aging, 30322 NOTICES Request for Applications: National Oceanic and Atmospheric Administration Section 533 Housing Preservation Grants for Fiscal Year NOTICES 2021, 30252 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Securities and Exchange Commission Data Collections to Support Comprehensive Economic NOTICES and Socio-Economic Evaluations of the Fisheries in Meetings; Sunshine Act, 30342 Regions of the United States Affected by Catastrophic Self-Regulatory Organizations; Proposed Rule Changes: Events, 30286–30287 Cboe Exchange, Inc., 30342–30344 National Saltwater Angler Registry and State Exemption Miami International Securities Exchange, LLC, 30344– Program, 30286 30348 Meetings: MIAX PEARL, LLC, 30337–30341 Atlantic Highly Migratory Species; Amendment 13 to the 2006 Consolidated Atlantic Highly Migratory Species State Department Fishery Management Plan; Bluefin Tuna NOTICES Management; Public Hearing Webinar, 30287–30288 Meetings: Takes of Marine Mammals Incidental to Specified International Maritime Organization III 7 Meeting, 30348– Activities: 30349 Marine Site Characterization Surveys off of Massachusetts Study of Eastern Europe and Eurasia (Title VIII) Advisory and Rhode Island, 30266–30286 Committee, 30348

VerDate Sep<11>2014 20:29 Jun 04, 2021 Jkt 253001 PO 00000 Frm 00003 Fmt 4748 Sfmt 4748 E:\FR\FM\07JNCN.SGM 07JNCN khammond on DSKJM1Z7X2PROD with CONTENTS VI Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Contents

Surface Transportation Board U.S. Customs and Border Protection PROPOSED RULES NOTICES Railroad Consolidation Procedures: Agency Information Collection Activities; Proposals, Petition for Rulemaking; Exemption for Emergency Submissions, and Approvals: Temporary Trackage Rights, 30243–30249 Application for Allowance in Duties, 30325 NOTICES Abandonment Exemption: City of Los Angeles; Los Angeles County, CA, 30349– Veterans Affairs Department 30350 RULES Changes to Administrative Procedures Governing Guidance Trade Representative, Office of United States Documents, 30182–30184 NOTICES Action in the Section 301 Investigation of Austria’s Digital Workers Compensation Programs Office Services Tax, 30361–30364 Action in the Section 301 Investigation of India’s Digital NOTICES Services Tax, 30356–30358 Agency Information Collection Activities; Proposals, Action in the Section 301 Investigation of Italy’s Digital Submissions, and Approvals: Services Tax, 30350–30353 Request for Information on Earnings, Dual Benefits, Action in the Section 301 Investigation of Spain’s Digital Dependents and Third Party Settlement, CA–1032, Services Tax, 30358–30361 30335 Action in the Section 301 Investigation of the United Kingdom’s Digital Services Tax, 30364–30367 Action in the Section 301 Investigation of Turkey’s Digital Reader Aids Services Tax, 30353–30356 Consult the Reader Aids section at the end of this issue for Transportation Department phone numbers, online resources, finding aids, and notice See Federal Aviation Administration of recently enacted public laws. See Pipeline and Hazardous Materials Safety To subscribe to the Federal Register Table of Contents Administration electronic mailing list, go to https://public.govdelivery.com/ accounts/USGPOOFR/subscriber/new, enter your e-mail Treasury Department address, then follow the instructions to join, leave, or See Internal Revenue Service manage your subscription.

VerDate Sep<11>2014 20:29 Jun 04, 2021 Jkt 253001 PO 00000 Frm 00004 Fmt 4748 Sfmt 4748 E:\FR\FM\07JNCN.SGM 07JNCN khammond on DSKJM1Z7X2PROD with CONTENTS Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Contents VII

CFR PARTS AFFECTED IN THIS ISSUE

A cumulative list of the parts affected this month can be found in the Reader Aids section at the end of this issue.

03 CFR Proclamations: 10220...... 30131 10221...... 30133 10222...... 30135 10223...... 30137 10224...... 30139 10225...... 30141 10226...... 30143 Executive Orders: 13959 (partially superseded and amended by 14026) ...... 30145 13974 (revoked by 14032) ...... 30145 14032...... 30145 14 CFR 39 (5 documents) ...... 30151, 30153, 30155, 30158, 30162 71 (4 documents) ...... 30164, 30165, 30167, 30168 Proposed Rules: 39 (2 documents) ...... 30216, 30218 21 CFR 1310...... 30169 22 CFR 306...... 30169 33 CFR 165 (3 documents) ...... 30178, 30180 Proposed Rules: 100 (2 documents) ...... 30221, 30224 165 (2 documents) ...... 30228, 30230 38 CFR 5...... 30182 40 CFR 9 (3 documents) ...... 30184, 30190, 30196 52...... 30201 81...... 30204 180...... 30206 721 (4 documents) ...... 30184, 30190, 30196, 30210 Proposed Rules: 52 (2 documents) ...... 30232, 30234 261...... 30237 45 CFR 1225...... 30169 49 CFR Proposed Rules: 1180...... 30243

VerDate Sep 11 2014 20:00 Jun 04, 2021 Jkt 253001 PO 00000 Frm 00001 Fmt 4711 Sfmt 4711 E:\FR\FM\07JNLS.LOC 07JNLS khammond on DSKJM1Z7X2PROD with FR-2LS 30131

Federal Register Presidential Documents Vol. 86, No. 107

Monday, June 7, 2021

Title 3— Proclamation 10220 of June 1, 2021

The President Black Music Appreciation Month, 2021

By the President of the United States of America

A Proclamation Throughout our history, there has been no richer influence on the American songbook than Black music and culture. From early spirituals born out of the unconscionable hardships of slavery; to the creation of folk and gospel; to the evolution of rhythm and blues and jazz; to the ascendance of rock and roll, rap, and hip-hop—Black music has shaped our society, entertained and inspired us, and helped write and tell the story of our Nation. During Black Music Appreciation Month, we honor the innovative artists whose musical expressions move us, brighten our daily lives, and bring us together. Across the generations, Black music has pioneered the way we listen to music while preserving Black cultural traditions and sharing the unique experiences of the Black community. Black artists have dramatically influenced what we all hear and feel through music—joy and sadness, love and loss, pride and purpose. Black music has always stood on its own—a beacon of resilience and resist- ance—while at the same time helping to shape countless other musical and cultural traditions. From the syncopated rhythms of jazz to the soulful expressions of R&B, Black music spans an extraordinarily broad spectrum of genres and styles. The distinct voices and instruments of Black artists have filled the halls of the Apollo Theater in New York City, Preservation Hall in New Orleans, the Fillmore in San Francisco, and other iconic venues throughout the United States and around the world, energizing audiences and inspiring millions. The music created and expressed by Black communities has paved the way for generations of musicians across all races, creeds, colors, religions, sexual orientations, and identities. The creativity and spirit of Black music is everywhere, and our Nation and the world are richer for it. This month, we also honor the many important contributors to our Nation’s musical heritage that are no longer with us. And although they have taken their final bows, their musical legacies and influence will live on in our hearts and souls, and inspire a new generation of artists and fans. In appreciating the indelible contributions of Black Americans to the music landscape, we must also recognize the crisis of racial inequity that Black Americans have faced in America for centuries—a crisis that is often reflected and challenged in Black music. We must rededicate ourselves to rooting out systemic racism from every part of our society, and work together to advance racial justice and equity. In the music industry, that work includes identifying and eliminating barriers that Black creatives face in producing and maintaining ownership of their music and other creations. In this month of June, we celebrate the Black music that has shaped and enlivened our lives and our country, and recommit ourselves to advancing racial equity for artists—and for everyone. NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim June 2021 as Black Music Appreciation Month. I call upon public officials, educators, and all

VerDate Sep<11>2014 15:43 Jun 04, 2021 Jkt 253001 PO 00000 Frm 00001 Fmt 4705 Sfmt 4790 E:\FR\FM\07JND0.SGM 07JND0 khammond on DSKJM1Z7X2PROD with PRESDOC 30132 Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Presidential Documents

the people of the United States to observe this month with appropriate activities and programs that raise awareness and appreciation of Black music. IN WITNESS WHEREOF, I have hereunto set my hand this first day of June, in the year of our Lord two thousand twenty-one, and of the Independ- ence of the United States of America the two hundred and forty-fifth.

[FR Doc. 2021–11968 Filed 6–4–21; 8:45 am] Billing code 3295–F1–P

VerDate Sep<11>2014 15:43 Jun 04, 2021 Jkt 253001 PO 00000 Frm 00002 Fmt 4705 Sfmt 4790 E:\FR\FM\07JND0.SGM 07JND0 khammond on DSKJM1Z7X2PROD with PRESDOC BIDEN.EPS Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Presidential Documents 30133 Presidential Documents

Proclamation 10221 of June 1, 2021

Great Outdoors Month, 2021

By the President of the United States of America

A Proclamation America’s great outdoors, diverse landscapes, and pristine waterways are a limitless source of pride, inspiration, and sustenance of both body and soul—and an essential part of our national identity. It is our shared responsibility as Americans to be good stewards of these irreplaceable treasures for our children and grandchildren, and for generations to come. During Great Outdoors Month, we celebrate our Nation’s natural wonders, and rededicate ourselves to conserving nature’s splendor for all Americans and safeguarding our environment against the existential threat of climate change and other challenges. Our Nation is blessed by an abundance of incredible outdoor spaces that provide opportunities for exploration, recreation, and rejuvenation. From the Sierra Nevadas to the Ozark Trail to the Everglades—to local trails and parks in every part of the country—the outdoors inspire creativity, provide educational opportunities, and bring communities together. This past year, so many of us have developed an even greater appreciation for the powerful role that outdoor spaces play in our physical and mental well-being—providing outlets for activity, solace, and connection in the midst of a devastating pandemic. Now more than ever, we must rise to meet the challenges of environmental degradation, climate change, and inequitable access to nature. The natural world provides critical resources that sustain all life on Earth—from the air we breathe and the water we drink to the food we eat. Ensuring that we maintain healthy ecosystems and a resilient planet is not just a matter of environmentalism. It is also critical to our health, our safety, the security of our families, and the strength of our economy. My Administration is committed to taking swift action to address the existential threat of climate change. I have proposed a major investment to put Americans to work building critical industries to produce and deploy clean technologies—reducing harmful emissions, and putting us on the path to a more sustainable and equitable future while creating millions of good- paying jobs. We are going to put Americans to work building a clean, resilient power grid; capping hundreds of thousands of abandoned oil and gas wells and coal mines to put a stop to methane leaks; constructing the next generation of electric vehicles; and developing new carbon capture and green hydrogen technologies on farms and in factories to make everything from our steel and cement to our agricultural sector cleaner and more sustainable. We will also speed up implementation of the Great American Outdoors Act, which invests in conservation projects that will benefit communities across the country—including Black and brown communities that have too often been excluded from our great outdoor spaces. My Administra- tion has also outlined a new ‘‘America the Beautiful’’ initiative to bring the Federal Government together with State, Tribal, and local partners to conserve at least 30 percent of our lands and waters by 2030. During Great Outdoors Month, I encourage all Americans to explore our Nation’s beautiful outdoor spaces. As we enjoy the great outdoors—from

VerDate Sep<11>2014 15:46 Jun 04, 2021 Jkt 253001 PO 00000 Frm 00001 Fmt 4790 Sfmt 4790 E:\FR\FM\07JND1.SGM 07JND1 khammond on DSKJM1Z7X2PROD with PRESDOC2 30134 Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Presidential Documents

national parks to our own backyards—let us rededicate ourselves to conserving our Nation’s natural spaces for our own well-being, and for the health, safety, prosperity, and fulfillment of generations to come. NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim June 2021 as Great Outdoors Month. I urge all Americans to explore the great outdoors, to experience our Nation’s natural heritage, and to continue our Nation’s tradi- tion of preserving and conserving our lands for future generations. IN WITNESS WHEREOF, I have hereunto set my hand this first day of June, in the year of our Lord two thousand twenty-one, and of the Independ- ence of the United States of America the two hundred and forty-fifth.

[FR Doc. 2021–11972 Filed 6–4–21; 8:45 am] Billing code 3295–F1–P

VerDate Sep<11>2014 15:46 Jun 04, 2021 Jkt 253001 PO 00000 Frm 00002 Fmt 4790 Sfmt 4790 E:\FR\FM\07JND1.SGM 07JND1 khammond on DSKJM1Z7X2PROD with PRESDOC2 BIDEN.EPS Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Presidential Documents 30135 Presidential Documents

Proclamation 10222 of June 1, 2021 Lesbian, Gay, Bisexual, Transgender, and Queer Pride Month, 2021

By the President of the United States of America

A Proclamation The uprising at the Stonewall Inn in June, 1969, sparked a liberation movement—a call to action that continues to inspire us to live up to our Nation’s promise of equality, liberty, and justice for all. Pride is a time to recall the trials the Lesbian, Gay, Bisexual, Transgender, and Queer (LGBTQ+) community has endured and to rejoice in the triumphs of trailblazing individuals who have bravely fought—and continue to fight—for full equality. Pride is both a jubilant communal celebration of visibility and a personal celebration of self-worth and dignity. This Pride Month, we recognize the valuable contributions of LGBTQ+ individuals across America, and we reaffirm our commitment to standing in solidarity with LGBTQ+ Americans in their ongoing struggle against discrimination and injustice. The LGBTQ+ community in America has achieved remarkable progress since Stonewall. Historic Supreme Court rulings in recent years have struck down regressive laws, affirmed the right to marriage equality, and secured workplace protections for LGBTQ+ individuals in every State and Territory. The Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act broadened the definition of hate crimes to include crimes motivated by sexual orientation or gender identity. Members of the LGBTQ+ community now serve in nearly every level of public office—in city halls and State capitals, Gov- ernors’ mansions and the halls of the Congress, and throughout my Adminis- tration. Nearly 14 percent of my 1,500 agency appointees identify as LGBTQ+, and I am particularly honored by the service of Transportation Secretary Pete Buttigieg, the first openly LGBTQ+ person to serve in the Cabinet, and Assistant Health Secretary Dr. Rachel Levine, the first openly transgender person to be confirmed by the Senate. For all of our progress, there are many States in which LGBTQ+ individuals still lack protections for fundamental rights and dignity in hospitals, schools, public accommodations, and other spaces. Our Nation continues to witness a tragic spike in violence against transgender women of color. LGBTQ+ individuals—especially youth who defy sex or gender norms—face bullying and harassment in educational settings and are at a disproportionate risk of self-harm and death by suicide. Some States have chosen to actively target transgender youth through discriminatory bills that defy our Nation’s values of inclusivity and freedom for all. Our Nation also continues to face tragic levels of violence against transgender people, especially transgender women of color. And we are still haunted by tragedies such as the Pulse Nightclub shooting in Orlando. Ending violence and discrimination against the LGBTQ+ community demands our continued focus and diligence. As President, I am committed to defending the rights of all LGBTQ+ individuals. My Administration is taking historic actions to finally deliver full equality for LGBTQ+ families. On my first day in office, I signed an Executive Order charging Federal agencies to fully enforce all Federal laws that prohibit discrimination on the basis of gender identity or sexual orientation. As a result, the Federal Government has taken steps to prevent discrimination

VerDate Sep<11>2014 15:47 Jun 04, 2021 Jkt 253250 PO 00000 Frm 00001 Fmt 4790 Sfmt 4790 E:\FR\FM\07JND2.SGM 07JND2 khammond on DSKJM1Z7X2PROD with PRESDOC3 30136 Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Presidential Documents

against LGBTQ+ people in employment, health care, housing, lending, and education. I also signed an Executive Order affirming all qualified Americans will be able to serve in the Armed Forces of the United States—including patriotic transgender Americans who can once again proudly and openly serve their Nation in uniform—and a National Security Memorandum that commits to supporting LGBTQ+ Federal employees serving overseas. My Administration is also working to promote and protect LGBTQ+ human rights abroad. LGBTQ+ rights are human rights, which is why my Administra- tion has reaffirmed America’s commitment to supporting those on the front lines of the equality and democracy movements around the world, often at great risk. We see you, we support you, and we are inspired by your courage to accept nothing less than full equality. While I am proud of the progress my Administration has made in advancing protections for the LGBTQ+ community, I will not rest until full equality for LGBTQ+ Americans is finally achieved and codified into law. That is why I continue to call on the Congress to pass the Equality Act, which will ensure civil rights protections for LGBTQ+ people and families across our country. And that is why we must recognize emerging challenges, like the fact that many LGBTQ+ seniors, who faced discrimination and oppression throughout their lives, are isolated and need support and elder care. During LGBTQ+ Pride Month, we recognize the resilience and determination of the many individuals who are fighting to live freely and authentically. In doing so, they are opening hearts and minds, and laying the foundation for a more just and equitable America. This Pride Month, we affirm our obligation to uphold the dignity of all people, and dedicate ourselves to protecting the most vulnerable among us. NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim June 2021 as Lesbian, Gay, Bisexual, Transgender, and Queer Pride Month. I call upon the people of the United States to recognize the achievements of the LGBTQ+ community, to celebrate the great diversity of the American people, and to wave their flags of pride high. IN WITNESS WHEREOF, I have hereunto set my hand this first day of June, in the year of our Lord two thousand twenty-one, and of the Independ- ence of the United States of America the two hundred and forty-fifth.

[FR Doc. 2021–11973

Filed 6–4–21; 8:45 am] Billing code 3295–F1–P

VerDate Sep<11>2014 15:47 Jun 04, 2021 Jkt 253250 PO 00000 Frm 00002 Fmt 4790 Sfmt 4790 E:\FR\FM\07JND2.SGM 07JND2 khammond on DSKJM1Z7X2PROD with PRESDOC3 BIDEN.EPS Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Presidential Documents 30137 Presidential Documents

Proclamation 10223 of June 1, 2021 National Caribbean-American Heritage Month, 2021

By the President of the United States of America

A Proclamation America’s diversity is and always has been the defining strength of our Nation—in every generation, our society, spirit, and shared ambitions have been refreshed by wave after wave of immigrants seeking out their American dream. Throughout our history, Caribbean Americans have brought vibrant cultures, languages, traditions, and values that strengthen our country and add new chapters to our common story. In recognition of Caribbean Ameri- cans’ countless gifts and contributions to our Nation, we celebrate National Caribbean-American Heritage Month. Caribbean Americans have made our country more innovative and more prosperous; they have enriched our Nation’s arts and culture, our public institutions, and our economy. I am honored to celebrate this National Caribbean-American Heritage Month alongside Caribbean-American barrier- breaking public servants in my Administration—including Vice President Kamala Harris, Secretary of Homeland Security Alejandro Mayorkas, Sec- retary of Education Miguel Cardona, and Domestic Policy Advisor Susan Rice—all of whom continue to be sources of pride and inspiration for Caribbean Americans across the country. Caribbean-American intellects and artists like James Weldon Johnson, the poet who gave us the anthem, Lift Every Voice and Sing; celebrated neo- expressionist painter Jean-Michel Basquiat; and John B. Russwurm, the first Caribbean-American editor of a U.S. newspaper, have left a lasting impact on our country. Caribbean-American jurists like Constance Baker Motley, the first Black woman appointed to the Federal bench, and the Nation’s first Latina Supreme Court Justice, Sonia Sotomayor, have made innumerable contributions to the American justice system. Shirley Chisholm, the daughter of Caribbean immigrants, blazed new trails as our Nation’s first Black Con- gresswoman—and the first Black woman to launch a major-party bid for the Presidency. Public servants like Antonia Novello, our Nation’s first female Surgeon General, and Colin Powell, our first Black Secretary of State, have followed in her footsteps, charting new paths of their own in service to the American people. Despite the powerful legacy of achievement of Caribbean Americans, many members of the Caribbean-American community continue to face systemic barriers to equity, opportunity, and justice. Systemic racism has uniquely impacted Black and Latino immigrant communities, including Caribbean Americans, leading to disparities in health care, education, housing, criminal justice, and economic opportunity. My Administration is committed to addressing those entrenched disparities—and to bringing our Nation closer to its promise that all people are created equal and deserve to be treated equally throughout their lives. That is why I have launched a whole-of- government approach to advancing racial justice and equity. During National Caribbean-American Heritage Month, we celebrate the legacy and essential contributions of Caribbean Americans who have added so much to our American fabric. NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States of America, by virtue of the authority vested in me by the Constitution

VerDate Sep<11>2014 15:48 Jun 04, 2021 Jkt 253250 PO 00000 Frm 00001 Fmt 4790 Sfmt 4790 E:\FR\FM\07JND3.SGM 07JND3 khammond on DSKJM1Z7X2PROD with PRESDOC4 30138 Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Presidential Documents

and the laws of the United States, do hereby proclaim June 2021 as National Caribbean-American Heritage Month. I encourage all Americans to join in celebrating the history, culture, and achievements of Caribbean Americans with appropriate ceremonies and activities. IN WITNESS WHEREOF, I have hereunto set my hand this first day of June, in the year of our Lord two thousand twenty-one, and of the Independ- ence of the United States of America the two hundred and forty-fifth.

[FR Doc. 2021–11976 Filed 6–4–21; 8:45 am] Billing code 3295–F1–P

VerDate Sep<11>2014 15:48 Jun 04, 2021 Jkt 253250 PO 00000 Frm 00002 Fmt 4790 Sfmt 4790 E:\FR\FM\07JND3.SGM 07JND3 khammond on DSKJM1Z7X2PROD with PRESDOC4 BIDEN.EPS Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Presidential Documents 30139 Presidential Documents

Proclamation 10224 of June 1, 2021

National Homeownership Month, 2021

By the President of the United States of America

A Proclamation For millions of Americans, homeownership is the cornerstone of a life with security, with dignity, and with hope. A home is more than four walls and a roof; it is a place where we can celebrate triumphs and weather the trials of life. A place where we can watch our families grow and prosper. A place that helps us build wealth we can pass down to our children and our grandchildren. The aspiration to own a home is connected deeply to the American dream. It has driven generations of Americans, in search of a place to call one’s own. Today, for people across the United States, the desire to own a home burns as brightly as it ever has. Yet the stark reality is that, for too many, the dream of homeownership is becoming more difficult to realize and sustain. This is especially true in the wake of the economic devastation inflicted by the COVID–19 pandemic. We also know that people of color continue to face discrimination in our housing market—when trying to secure mortgages, to have their homes ap- praised, and to live in neighborhoods where their families can thrive. In recent years, the homeownership gap between Black and white families reached its widest point since 1968, when banks could still legally discriminate against borrowers based on the color of their skin. This is economically and morally wrong, and it is why, as President, I have made it a central priority to expand stability and opportunity within our housing market. On my first day in office, I took executive action to extend foreclosure moratoriums for nearly 11 million households with mortgages guaranteed by the Federal Government. My Administration introduced and passed the American Rescue Plan, which will deliver nearly $10 billion in relief for homeowners who have fallen behind on their mortgage payments during the pandemic. And to create greater opportunities for homeownership moving forward, we have proposed the American Jobs Plan—which can spur the construction and rehabilitation of more than 500,000 homes for buyers of more modest means. The Department of Housing and Urban Development will continue to advance affordable and sustainable homeownership throughout our Nation. This will require that we help more hardworking Americans purchase their first homes, increase access to credit and mortgage insurance for borrowers of color, and fully enforce the 1968 Fair Housing Act—to root out systemic discrimination from our housing market and break down the unjust barriers that prevent too many Americans from buying a home. NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim June 2021 as National Homeownership Month. I call upon the people of this Nation to recognize the enduring value of homeownership and to recommit ourselves to helping more Americans realize that dream.

VerDate Sep<11>2014 15:50 Jun 04, 2021 Jkt 253001 PO 00000 Frm 00001 Fmt 4790 Sfmt 4790 E:\FR\FM\07JND4.SGM 07JND4 khammond on DSKJM1Z7X2PROD with PRESDOC5 30140 Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Presidential Documents

IN WITNESS WHEREOF, I have hereunto set my hand this first day of June, in the year of our Lord two thousand twenty-one, and of the Independ- ence of the United States of America the two hundred and forty-fifth.

[FR Doc. 2021–11977 Filed 6–4–21; 8:45 am] Billing code 3295–F1–P

VerDate Sep<11>2014 15:50 Jun 04, 2021 Jkt 253001 PO 00000 Frm 00002 Fmt 4790 Sfmt 4790 E:\FR\FM\07JND4.SGM 07JND4 khammond on DSKJM1Z7X2PROD with PRESDOC5 BIDEN.EPS Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Presidential Documents 30141 Presidential Documents

Proclamation 10225 of June 1, 2021

National Immigrant Heritage Month, 2021

By the President of the United States of America

A Proclamation America is, always has been, and always will be a Nation of immigrants. It was the premise of our founding; it is reflected in our Constitution; it is etched upon the Statue of Liberty—that ‘‘from her beacon-hand glows world-wide welcome.’’ During National Immigrant Heritage Month, we reaffirm and draw strength from that enduring identity and celebrate the history and achievements of immigrant communities across our Nation. Across each generation throughout our history, wave after wave of immigrants have enriched our Nation and made us better, stronger, more innovative, and more prosperous. The American story includes the story of courageous families who ventured here—be it centuries ago, or just this year—from every part of the world to seek new possibilities and help to forge our Nation. In every era, immigrant innovators, workers, entrepreneurs, and community leaders have fortified and defended us, fed us and cared for us, advanced the limits of our thinking, and broken new ground. After an especially difficult period marked by both the COVID–19 pandemic and the all-too-frequent demonization of immigrants, it is vital that our Nation reflect on the leadership, resilience, and courage shown by generations of immigrant communities, and recommit ourselves to our values as a welcoming Nation. We recognize all of the workers, many of whom are immigrants, who have contributed to the food security, health, and safety of all Americans during this challenging year—and every year. And we honor the sacrifices made by immigrants who serve on the front lines of the pandemic as health care providers, first responders, teachers, grocers, farm workers, and other essential workers. It was these same immigrant families and communities of color who were disproportionately struck by the virus. In honor of those we’ve lost, let us dedicate ourselves as a Nation to protecting one another and doing our part to put an end to this pandemic for good. The promise of our Nation is that every American has a fair shot and an equal chance to get ahead, yet systemic racism and persistent barriers have denied this promise to far too many immigrants throughout our history and today. I have placed equity at the center of my Administration’s agenda. From day one, I promised that my Administration would reflect the full diversity of our Nation—and today, nearly one-third of my Administration’s 1,500 political appointees are naturalized U.S. citizens or children of immigrants. I have directed Federal agencies to rebuild trust in our immigration system that has been lost, to reach out to underserved communities unable to access the opportunities our Nation offers them, to offer again a welcoming humanitarian hand to the persecuted and oppressed, and to reduce barriers to achieving citizenship and equality. I am honored to serve alongside Vice President Harris, the first daughter of immigrants to hold the Office of the Vice President, and to work with so many dedicated public servants who are immigrants—and who carry with them every day the legacies of their families’ sacrifice and resilience.

VerDate Sep<11>2014 15:51 Jun 04, 2021 Jkt 253001 PO 00000 Frm 00001 Fmt 4790 Sfmt 4790 E:\FR\FM\07JND5.SGM 07JND5 khammond on DSKJM1Z7X2PROD with PRESDOC6 30142 Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Presidential Documents

Despite the progress our Nation has made since our founding, there is more work to be done to extend the full promise of America to all our people. Nearly 11 million people in this country are undocumented—and it is time that the Congress acts by passing the U.S. Citizenship Act of 2021, the immigration reform plan that I introduced on day one of my Presidency. My plan would provide a pathway to lawful permanent residency and citizenship for these undocumented immigrants, including Dreamers, individuals with Temporary Protected Status, farm workers, and other essential workers who contribute to our Nation every day. Vice President Harris and I affirm that immigrants historically have made and continue to make our Nation stronger. I urge my fellow Americans to join us this month in celebrating immigrant heritage, stories, and cultures. NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim June 2021 as National Immigrant Heritage Month. I call upon the people of the United States to learn more about the history of immigrant communities throughout the generations following our Nation’s founding, and to observe this month with appropriate programming and activities. IN WITNESS WHEREOF, I have hereunto set my hand this first day of June, in the year of our Lord two thousand twenty-one, and of the Independ- ence of the United States of America the two hundred and forty-fifth.

[FR Doc. 2021–11978 Filed 6–4–21; 8:45 am] Billing code 3295–F1–P

VerDate Sep<11>2014 15:51 Jun 04, 2021 Jkt 253001 PO 00000 Frm 00002 Fmt 4790 Sfmt 4790 E:\FR\FM\07JND5.SGM 07JND5 khammond on DSKJM1Z7X2PROD with PRESDOC6 BIDEN.EPS Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Presidential Documents 30143 Presidential Documents

Proclamation 10226 of June 1, 2021

National Ocean Month, 2021

By the President of the United States of America

A Proclamation The world’s ocean basins are critical to the success of our Nation and, indeed, to life on Earth. The ocean powers our economy, provides food for billions of people, supplies 50 percent of the world’s oxygen, offers recreational opportunities for us to enjoy, and regulates weather patterns and our global climate system. During National Ocean Month, we celebrate our stewardship of the ocean and coasts, and reaffirm our commitment to protecting and sustaining them for current and future generations. My Administration is dedicated to improving our Nation’s public health by supporting resilient ocean habitats, wildlife, and resources in which all Americans rely on. Through our ‘‘America the Beautiful’’ initiative, we are working with State, Tribal, and local partners to conserve at least 30 percent of United States lands and waters by 2030—so that our natural world can continue to supply the food, clean air, and clean water that every one of us depends on to survive. We are also committed to supporting safe, plentiful, and sustainable seafood harvesting for domestic consumption and export, and reducing public health risks such as harmful algal blooms that have proliferated as a result of climate change and the acidification of our waters. The ocean has always been essential to our economy, and that will remain true as we build back better and develop the clean industries and good jobs of the future. My plan to dramatically expand offshore wind energy over the next 10 years will provide good-paying union jobs and a sustainable source of clean energy. Investing in resilient, reliable coastal infrastructure— including modern ports and waterways—that can withstand the impacts of rising seas and powerful storms will keep our economy competitive in the global marketplace while making our families safer. Conserving and restoring coastal wetlands and habitats will also strengthen our efforts to tackle climate change, improve the resilience of coastal communities, and help restore nursery areas that are important to our fisheries. Investing in our fishing communities and supporting local seafood supply options will also be critical to helping us build a climate-resilient, sustainable ocean economy. Climate change is a global challenge that is integrally linked to the ocean. By protecting our ocean and coastal ecosystems and resources, we are also protecting the worldwide economies and people that depend on them. To address these challenges, we are building on our Nation’s long legacy of ocean exploration and research to gain new insights into ocean ecosystems and biodiversity and ways the ocean can sequester and store carbon. Marine life, changing ocean conditions, and plastic and other pollution pay no attention to national boundaries. That is why we must focus on a worldwide approach to conservation and sustainability. In collaboration with our international partners, my Administration will continue America’s global leadership in ocean science, stewardship, and conservation. Our engagement in international efforts, such as the United Nations Decade of Ocean Science

VerDate Sep<11>2014 15:52 Jun 04, 2021 Jkt 253250 PO 00000 Frm 00001 Fmt 4790 Sfmt 4790 E:\FR\FM\07JND6.SGM 07JND6 khammond on DSKJM1Z7X2PROD with PRESDOC7 30144 Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Presidential Documents

for Sustainable Development, reflects the priorities and values of my Admin- istration to ensure that ocean science delivers greater benefits for the Amer- ican people, the people of the world, and international ocean ecosystems. My Administration is also committed to delivering climate justice, including ensuring equitable access to our ocean and coasts for all Americans—and working to ensure that Indigenous Americans, Black Americans, and other people of color are no longer forced to shoulder disproportionate climate and environmental burdens, as they historically have. My Administration will work hard to further break down the barriers many communities of color face by creating new opportunities to diversify ocean-related access and workforces. We will also equip educators with tools to teach our Nation’s youth how to become a powerful generation of ocean stewards. It is imperative that we take proper action now to ensure that the ocean continues to thrive. During National Ocean Month, we recognize the central role of a healthy ocean in sustaining all of our lives, and pledge to find innovative ways to conserve, protect, and restore our ocean. NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim June 2021 as National Ocean Month. I call upon Americans to take action to protect, conserve, and restore our ocean and coasts. IN WITNESS WHEREOF, I have hereunto set my hand this first day of June, in the year of our Lord two thousand twenty-one, and of the Independ- ence of the United States of America the two hundred and forty-fifth.

[FR Doc. 2021–11979 Filed 6–4–21; 8:45 am] Billing code 3295–F1–P

VerDate Sep<11>2014 15:52 Jun 04, 2021 Jkt 253250 PO 00000 Frm 00002 Fmt 4790 Sfmt 4790 E:\FR\FM\07JND6.SGM 07JND6 khammond on DSKJM1Z7X2PROD with PRESDOC7 BIDEN.EPS Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Presidential Documents 30145 Presidential Documents

Executive Order 14032 of June 3, 2021 Addressing the Threat From Securities Investments That Fi- nance Certain Companies of the People’s Republic of China

By the authority vested in me as President by the Constitution and the laws of the United States of America, including the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) (IEEPA), the National Emer- gencies Act (50 U.S.C. 1601 et seq.) (NEA), and section 301 of title 3, United States Code, I, JOSEPH R. BIDEN JR., President of the United States of America, find that additional steps are necessary to address the national emergency declared in Executive Order 13959 of November 12, 2020 (Addressing the Threat From Securities Investments That Finance Communist Chinese Military Com- panies), including the threat posed by the military-industrial complex of the People’s Republic of China (PRC) and its involvement in military, intelligence, and security research and development programs, and weapons and related equipment production under the PRC’s Military-Civil Fusion strategy. In addition, I find that the use of Chinese surveillance technology outside the PRC and the development or use of Chinese surveillance technology to facilitate repression or serious human rights abuse constitute unusual and extraordinary threats, which have their source in whole or substantial part outside the United States, to the national security, foreign policy, and economy of the United States, and I hereby expand the scope of the national emergency declared in Executive Order 13959 to address those threats. Accordingly, I hereby order as follows: Section 1. Sections 1 through 5 of Executive Order 13959, as amended by Executive Order 13974 of January 13, 2021 (Amending Executive Order 13959—Addressing the Threat From Securities Investments That Finance Communist Chinese Military Companies), are hereby replaced and superseded in their entirety to read as follows: ‘‘Section 1. (a) The following activities by a United States person are prohibited: the purchase or sale of any publicly traded securities, or any publicly traded securities that are derivative of such securities or are designed to provide investment exposure to such securities, of any person listed in the Annex to this order or of any person determined by the Secretary of the Treasury, in consultation with the Secretary of State, and, as the Secretary of the Treasury deems appropriate, the Secretary of Defense: (i) to operate or have operated in the defense and related materiel sector or the surveillance technology sector of the economy of the PRC; or (ii) to own or control, or to be owned or controlled by, directly or indirectly, a person who operates or has operated in any sector described in subsection (a)(i) of this section, or a person who is listed in the Annex to this order or who has otherwise been determined to be subject to the prohibitions in subsection (a) of this section. (b) The prohibitions in subsection (a) of this section shall take effect: (i) beginning at 12:01 a.m. eastern daylight time on August 2, 2021, with respect to any person listed in the Annex to this order; or (ii) beginning at 12:01 a.m. eastern daylight time on the date that is 60 days after the date of the determination in subsection (a) of this section with respect to any person not listed in the Annex to this order.

VerDate Sep<11>2014 15:54 Jun 04, 2021 Jkt 250001 PO 00000 Frm 00001 Fmt 4790 Sfmt 4790 E:\FR\FM\07JNE0.SGM 07JNE0 khammond on DSKJM1Z7X2PROD with PRESDOC8 30146 Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Presidential Documents

(c) The purchase or sale of publicly traded securities described in subsection (a) of this section made solely to effect the divestment, in whole or in part, of such securities by a United States person is permitted prior to: (i) 12:01 a.m. eastern daylight time on June 3, 2022, with respect to any person listed in the Annex to this order; or (ii) 12:01 a.m. eastern daylight time on the date that is 365 days after the date of the determination in subsection (a) of this section with respect to any person not listed in the Annex to this order. (d) The prohibitions in subsection (a) of this section apply except to the extent provided by statutes, or in regulations, orders, directives, or licenses that may be issued pursuant to this order, and notwithstanding any contract entered into or any license or permit granted before the date of this order. Sec. 2. (a) Any transaction that evades or avoids, has the purpose of evading or avoiding, causes a violation of, or attempts to violate any of the prohibitions set forth in this order is prohibited. (b) Any conspiracy formed to violate any of the prohibitions set forth in this order is prohibited. Sec. 3. For the purposes of this order: (a) the term ‘‘entity’’ means a partnership, association, trust, joint venture, corporation, group, subgroup, or other organization; (b) the term ‘‘person’’ means an individual or entity; (c) the term ‘‘publicly traded securities’’ includes any ‘‘security,’’ as defined in section 3(a)(10) of the Securities Exchange Act of 1934, Public Law 73–291 (as codified as amended at 15 U.S.C. 78c(a)(10)), denominated in any currency that trades on a securities exchange or through the method of trading that is commonly referred to as ‘‘over-the-counter,’’ in any jurisdiction; and (d) the term ‘‘United States person’’ means any United States citizen, lawful permanent resident, entity organized under the laws of the United States or any jurisdiction within the United States (including foreign branches), or any person in the United States. Sec. 4. The Secretary of the Treasury, in consultation with the Secretary of State, is hereby authorized to take such actions, including the promulgation of rules and regulations, and to employ all powers granted to the President by IEEPA, as may be necessary to carry out the purposes of this order. The Secretary of the Treasury may, consistent with applicable law, redelegate any of these functions within the Department of the Treasury. All executive departments and agencies (agencies) of the United States shall take all appropriate measures within their authority to carry out the provisions of this order. Sec. 5. The Secretary of the Treasury, in consultation with the Secretary of State, is hereby authorized to submit recurring and final reports to the Congress on the national emergency declared in this order, consistent with section 401(c) of the NEA (50 U.S.C. 1641(c)) and section 204(c) of IEEPA (50 U.S.C. 1703(c)). Sec. 6. The Secretary of the Treasury, in consultation with the Secretary of State, and, as the Secretary of the Treasury deems appropriate, the Sec- retary of Defense, is hereby authorized to determine that circumstances no longer warrant the application of the prohibitions in section 1(a) of this order with respect to a person listed in the Annex to this order, and to take necessary action to give effect to that determination.’’ Sec. 2. The Annex to Executive Order 13959 is replaced and superseded in its entirety by the Annex to this order. Sec. 3. Section 6 of Executive Order 13959 is amended to replace ‘‘Sec. 6.’’ with ‘‘Sec. 7.’’

VerDate Sep<11>2014 15:54 Jun 04, 2021 Jkt 250001 PO 00000 Frm 00002 Fmt 4790 Sfmt 4790 E:\FR\FM\07JNE0.SGM 07JNE0 khammond on DSKJM1Z7X2PROD with PRESDOC8 Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Presidential Documents 30147

Sec. 4. Executive Order 13974 is hereby revoked in its entirety. The Secretary of the Treasury and the heads of agencies shall take all necessary steps to rescind any orders or prohibitions issued prior to the date of this order implementing or enforcing Executive Order 13974 or the versions of sections 1 through 5 of Executive Order 13959 replaced and superseded by section 1 of this order. Sec. 5. (a) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive department or agency, or the head thereof; or (ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals. (b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations. (c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

THE WHITE HOUSE, June 3, 2021.

Billing code 3295–F1–P

VerDate Sep<11>2014 15:54 Jun 04, 2021 Jkt 250001 PO 00000 Frm 00003 Fmt 4790 Sfmt 4790 E:\FR\FM\07JNE0.SGM 07JNE0 khammond on DSKJM1Z7X2PROD with PRESDOC8 BIDEN.EPS 30148 Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Presidential Documents

Annex

AERO ENGINE CORPORATION OF CHINA

AEROSPACE CH UAV CO., LTD

AEROSPACE COMMUNICATIONS HOLDINGS GROUP COMPANY LIMITED

AEROSUN CORPORATION

ANHUI GREATWALL MILITARY INDUSTRY COMPANY LIMITED

AVIATION INDUSTRY CORPORATION OF CHINA, LTD.

AVIC AVIATION HIGH-TECHNOLOGY COMPANY LIMITED

AVIC HEAVY MACHINERY COMPANY LIMITED

AVIC JONHON OPTRONIC TECHNOLOGY CO., LTD.

AVIC SHENYANG AIRCRAFT COMPANY LIMITED

AVIC XI'AN AIRCRAFT INDUSTRY GROUP COMPANY LTD.

CHANGSHA JINGJIA MICROELECTRONICS COMPANY LIMITED

CHINA ACADEMY OF LAUNCH VEHICLE TECHNOLOGY

CHINA AEROSPACE SCIENCE AND INDUSTRY CORPORATION LIMITED

CHINA AEROSPACE SCIENCE AND TECHNOLOGY CORPORATION

CHINA AEROSPACE TIMES ELECTRONICS CO., LTD

CHINA AVIONICS SYSTEMS COMPANY LIMITED

CHINA COMMUNICATIONS CONSTRUCTION COMPANY LIMITED

CHINA COMMUNICATIONS CONSTRUCTION GROUP (LIMITED)

CHINA ELECTRONICS CORPORATION

CHINA ELECTRONICS TECHNOLOGY GROUP CORPORATION

CHINA GENERAL NUCLEAR POWER CORPORATION

CHINA MARINE INFORMATION ELECTRONICS COMPANY LIMITED

CHINA MOBILE COMMUNICATIONS GROUP CO., LTD.

CHINA MOBILE LIMITED

CHINA NATIONAL NUCLEAR CORPORATION

CHINA NATIONAL OFFSHORE OIL CORPORATION

CHINA NORTH INDUSTRIES GROUP CORPORATION LIMITED

CHINA NUCLEAR ENGINEERING CORPORATION LIMITED

CHINA RAILWAY CONSTRUCTION CORPORATION LIMITED

CHINA SATELLITE COMMUNICATIONS CO., LTD.

CHINA SHIPBUILDING INDUSTRY COMPANY LIMITED

CHINA SHIPBUILDING INDUSTRY GROUP POWER COMPANY LIMITED

CHINA SOUTH INDUSTRIES GROUP CORPORATION

VerDate Sep<11>2014 15:54 Jun 04, 2021 Jkt 250001 PO 00000 Frm 00004 Fmt 4790 Sfmt 4790 E:\FR\FM\07JNE0.SGM 07JNE0 khammond on DSKJM1Z7X2PROD with PRESDOC8 ED07JN21.001 Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Presidential Documents 30149

CHINA SPACESAT CO., LTD.

CHINA STATE SHIPBUILDING CORPORATION LIMITED

CHINA TELECOM CORPORATION LIMITED

CHINA TELECOMMUNICATIONS CORPORATION

CHINA UNICOM (HONG KONG) LIMITED

CHINA UNITED NETWORK COMMUNICATIONS GROUP CO., LTD.

CNOOC LIMITED

COSTAR GROUP CO., LTD.

CSSC OFFSHORE & MARINE ENGINEERING (GROUP) COMPANY LIMITED

FUJIAN TORCH ELECTRON TECHNOLOGY CO., LTD.

GUIZHOU SPACE APPLIANCE CO., LTD

HANGZHOU HIKVISION DIGITAL TECHNOLOGY CO., LTD.

HUAWEI INVESTMENT & HOLDING CO., LTD.

HUAWEI TECHNOLOGIES CO., LTD.

INNER MONGOLIA FIRST MACHINERY GROUP CO., LTD.

INSPUR GROUP CO., LTD.

JIANGXI HONGDU AVIATION INDUSTRY CO., LTD.

NANJING PANDA ELECTRONICS COMPANY LIMITED

NORTH NAVIGATION CONTROL TECHNOLOGY CO., LTD.

PANDA ELECTRONICS GROUP CO., LTD.

PROVEN GLORY CAPITAL LIMITED

PROVEN HONOUR CAPITAL LIMITED

SEMICONDUCTOR MANUFACTURING INTERNATIONAL CORPORATION

SHAANXI ZHONGTIAN ROCKET TECHNOLOGY COMPANY LIMITED

ZHONGHANG ELECTRONIC MEASURING INSTRUMENTS COMPANY LIMITED

[FR Doc. 2021–12019

Filed 6–4–21; 8:45 am] Billing code 3295–F1–C

VerDate Sep<11>2014 15:54 Jun 04, 2021 Jkt 250001 PO 00000 Frm 00005 Fmt 4790 Sfmt 4790 E:\FR\FM\07JNE0.SGM 07JNE0 khammond on DSKJM1Z7X2PROD with PRESDOC8 ED07JN21.002 30151

Rules and Regulations Federal Register Vol. 86, No. 107

Monday, June 7, 2021

This section of the FEDERAL REGISTER material at the FAA, call (817) 222– results from MGB pressurization by contains regulatory documents having general 5110. It is also available on the internet compressed air produced by the engine applicability and legal effect, most of which at https://www.regulations.gov by during starting in response to a signal are keyed to and codified in the Code of searching for and locating Docket No. from the EMLUB electronic control Federal Regulations, which is published under FAA–2021–0016. card. See EASA AD 2016–0232R1 for 50 titles pursuant to 44 U.S.C. 1510. additional background information. Examining the AD Docket The Code of Federal Regulations is sold by Discussion of Final Airworthiness the Superintendent of Documents. You may examine the AD docket on the internet at https:// Directive www.regulations.gov by searching for Comments DEPARTMENT OF TRANSPORTATION and locating Docket No. FAA–2021– The FAA gave the public the 0016; or in person at Docket Operations opportunity to participate in developing Federal Aviation Administration between 9 a.m. and 5 p.m., Monday this final rule. The FAA received no through Friday, except Federal holidays. comments on the NPRM or on the 14 CFR Part 39 The AD docket contains this final rule, determination of the cost to the public. [Docket No. FAA–2021–0016; Project any comments received, and other Identifier 2019–SW–114–AD; Amendment information. The address for Docket Conclusion 39–21567; AD 2021–11–05] Operations is U.S. Department of The FAA reviewed the relevant data RIN 2120–AA64 Transportation, Docket Operations, and determined that air safety and the M–30, West Building Ground Floor, public interest require adopting this Airworthiness Directives; Airbus Room W12–140, 1200 New Jersey final rule as proposed, except for minor Helicopters Avenue SE, Washington, DC 20590. editorial changes. The FAA has FOR FURTHER INFORMATION CONTACT: Hal determined that these minor changes are AGENCY: Federal Aviation Jensen, Aerospace Engineer, Operational Administration (FAA), DOT. consistent with the intent that was Safety Branch, FAA, 950 L’Enfant Plaza proposed in the NPRM for addressing ACTION: Final rule. N SW, Washington, DC 20024; the unsafe condition and do not add any telephone (202) 267–9167; email SUMMARY: additional burden upon the public than The FAA is adopting a new [email protected]. airworthiness directive (AD) for all was already proposed in the NPRM. SUPPLEMENTARY INFORMATION: Airbus Helicopters Model EC225LP Related Service Information Under 1 helicopters. This AD was prompted by Background CFR Part 51 reports of an oil leak from the main EASA, which is the Technical Agent EASA AD 2016–0232R1 requires gearbox (MGB) during engine start up. for the Member States of the European modifying the electrical control circuit This AD requires modifying and Union, has issued EASA AD 2016–0232, of the MGB EMLUB system. After performing subsequent repetitive dated November 22, 2016 (EASA AD modifying, EASA AD 2016–0232R1 function testing of the MGB emergency 2016–0232), to correct an unsafe requires a repetitive functional test of lubrication (EMLUB) system as condition for Airbus Helicopters Model the MGB EMLUB system, and if there is specified in a European Union Aviation EC 225 LP helicopters. EASA later a discrepancy, accomplishing corrective Safety Agency (EASA) AD, which is issued EASA AD 2016–0232R1, dated action(s). Accomplishing any corrective incorporated by reference (IBR). The December 12, 2019 (EASA AD 2016– action(s) does not constitute terminating FAA is issuing this AD to address the 0232R1), to revise EASA AD 2016–0232. action for the repetitive functional tests. unsafe condition on these products. The FAA issued a notice of proposed This material is reasonably available DATES: This AD is effective July 12, rulemaking (NPRM) to amend 14 CFR because the interested parties have 2021. part 39 by adding an AD that would access to it through their normal course The Director of the Federal Register apply to all Airbus Helicopters Model of business or by the means identified approved the incorporation by reference EC225LP helicopters. The NPRM in the ADDRESSES section. of a certain publication listed in this AD published in the Federal Register on as of July 12, 2021. March 15, 2021 (86 FR 14281). The Differences Between This AD and the ADDRESSES: For material incorporated NPRM was prompted by reports of oil EASA AD by reference (IBR) in this AD, contact leaks during engine starting, originating Where EASA AD 2016–0232R1 refers the EASA, Konrad-Adenauer-Ufer 3, from the MGB. The NPRM proposed to to December 6, 2016 (the effective date 50668 Cologne, Germany; telephone +49 require modifying and repetitively of EASA AD 2016–0232), this AD 221 8999 000; email ADs@ functional testing the MGB EMLUB requires using the effective date of this easa.europa.eu; internet system, and if there is a discrepancy, final rule. EASA AD 2016–0232R1 www.easa.europa.eu. You may find this accomplishing corrective action(s). allows an additional interval margin of material on the EASA website at https:// Accomplishing any corrective action(s) 225 flight hours (FH), while this AD ad.easa.europa.eu. You may view this does not constitute terminating action does not. Where the service information service information at the FAA, Office for the repetitive functional tests, as referenced in EASA AD 2016–0232R1 of the Regional Counsel, Southwest specified in an EASA AD. requires contacting Airbus Helicopters Region, 10101 Hillwood Pkwy., Room The FAA is issuing this AD to address for corrective action, this AD requires 6N–321, Fort Worth, TX 76177. For inadvertent opening of the P 2.4 valve accomplishing the corrective action information on the availability of this of the MGB EMLUB system, which using a method approved by the

VerDate Sep<11>2014 16:24 Jun 04, 2021 Jkt 253001 PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 E:\FR\FM\07JNR1.SGM 07JNR1 khammond on DSKJM1Z7X2PROD with RULES 30152 Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Rules and Regulations

Manager, Strategic Policy Rotorcraft (3) Will not have a significant Safety Agency AD 2016–0232R1, dated Section, FAA. economic impact, positive or negative, December 12, 2019 (EASA AD 2016–0232R1). on a substantial number of small entities Costs of Compliance (h) Exceptions to EASA AD 2016–0232R1 under the criteria of the Regulatory (1) Where EASA AD 2016–0232R1 refers to The FAA estimates that this AD Flexibility Act. December 6, 2016 (the effective date of affects 24 helicopters of U.S. Registry. List of Subjects in 14 CFR Part 39 European Aviation Safety Agency AD 2016– Labor rates are estimated at $85 per 0232, dated November 22, 2016), this AD work-hour. Based on these numbers, the Air transportation, Aircraft, Aviation requires using the effective date of this AD. FAA estimates that operators may incur safety, Incorporation by reference, (2) Where EASA AD 2016–0232R1 refers to the following costs in order to comply Safety. flight hours (FH), this AD requires using with this AD. hours time-in-service (TIS). The Amendment Modifying the electrical control (3) Where paragraph (2) of EASA AD 2016– circuit of the MGB EMLUB system takes Accordingly, under the authority 0232R1 allows an additional interval margin delegated to me by the Administrator, of 225 FH, this AD does not. This AD about 22 work-hours and parts cost requires accomplishing the functional tests about $1,592 for an estimated cost of the FAA amends 14 CFR part 39 as within 600 hours TIS, and thereafter at $3,462 per helicopter and $83,088 for follows: intervals not to exceed 600 hours TIS. the U.S. fleet. (4) Where the service information Functional testing the EMLUB system PART 39—AIRWORTHINESS referenced in EASA AD 2016–0232R1 takes about 12 work-hours for an DIRECTIVES requires contacting Airbus Helicopters estimated cost of $1,020 per helicopter technical support, this AD requires that the ■ 1. The authority citation for part 39 corrective action be accomplished using a and $24,480 for U.S. fleet, per testing continues to read as follows: cycle. If the electrical functional test method approved by the Manager, Strategic Authority: 49 U.S.C. 106(g), 40113, 44701. Policy Rotorcraft Section, FAA. The results in a need to replace the Manager’s approval letter must specifically lubrication printed circuit board, the § 39.13 [Amended] refer to this AD. replacement time takes about 2 work- ■ (5) The ‘‘Remarks’’ section of EASA AD hours and parts cost about $5,150 for an 2. The FAA amends § 39.13 by adding 2016–0232R1 does not apply to this AD. estimated cost of $5,320 per helicopter. the following new airworthiness directive: (i) Special Flight Permit Authority for This Rulemaking 2021–11–05 Airbus Helicopters: Special flight permits may be issued in Title 49 of the United States Code Amendment 39–21567; Docket No. accordance with 14 CFR 21.197 and 21.199 to operate the helicopter to a location where specifies the FAA’s authority to issue FAA–2021–0016; Project Identifier 2019–SW–114–AD. the helicopter can be modified (if the rules on aviation safety. Subtitle I, operator elects to do so), provided the section 106, describes the authority of (a) Effective Date helicopter is operated under visual flight the FAA Administrator. Subtitle VII: This airworthiness directive (AD) is rules and without passengers only. Aviation Programs, describes in more effective July 12, 2021. (j) Alternative Methods of Compliance detail the scope of the Agency’s (AMOCs) authority. (b) Affected Airworthiness Directives The FAA is issuing this rulemaking None. (1) The Manager, International Validation Branch, FAA, has the authority to approve under the authority described in (c) Applicability AMOCs for this AD, if requested using the Subtitle VII, Part A, Subpart III, Section This AD applies to all Airbus Helicopters procedures found in 14 CFR 39.19. In 44701: General requirements. Under Model EC225LP helicopters, certificated in accordance with 14 CFR 39.19, send your that section, Congress charges the FAA any category. request to your principal inspector or local with promoting safe flight of civil Flight Standards District Office, as aircraft in air commerce by prescribing (d) Subject appropriate. If sending information directly regulations for practices, methods, and Joint Aircraft System Component (JASC) to the manager of the International Validation procedures the Administrator finds Code 6397, Main Rotor Drive System Wiring. Branch, send it to the attention of the person identified in paragraph (k) of this AD. necessary for safety in air commerce. (e) Reason Information may be emailed to: 9-AVS-AIR- This regulation is within the scope of This AD was prompted by reports of oil [email protected]. that authority because it addresses an leaks during engine starting, originating from (2) Before using any approved AMOC, unsafe condition that is likely to exist or the main gearbox (MGB). The FAA is issuing notify your appropriate principal inspector, develop on products identified in this this AD to address the inadvertent opening or lacking a principal inspector, the manager rulemaking action. of the P 2.4 valve of the MGB emergency of the local flight standards district office/ lubrication (EMLUB) system, which results certificate holding district office. Regulatory Findings from MGB pressurization by compressed air (k) Related Information This AD will not have federalism produced by the engine during starting in For more information about this AD, implications under Executive Order response to a signal from the EMLUB electronic control card. This condition could contact Hal Jensen, Aerospace Engineer, 13132. This AD will not have a result in loss of the MGB lubrication system Operational Safety Branch, FAA, 950 substantial direct effect on the States, on and a reduced ability of the crew to manage L’Enfant Plaza N SW, Washington, DC 20024; the relationship between the national adverse operating conditions. telephone (202) 267–9167; email hal.jensen@ government and the States, or on the faa.gov. (f) Compliance distribution of power and (l) Material Incorporated by Reference responsibilities among the various Comply with this AD within the (1) The Director of the Federal Register levels of government. compliance times specified, unless already done. approved the incorporation by reference For the reasons discussed above, I (IBR) of the service information listed in this certify that this AD: (g) Requirements paragraph under 5 U.S.C. 552(a) and 1 CFR (1) Is not a ‘‘significant regulatory Except as specified in paragraph (h) of this part 51. action’’ under Executive Order 12866, AD: Comply with all required actions and (2) You must use this service information (2) Will not affect intrastate aviation compliance times specified in, and in as applicable to do the actions required by in Alaska, and accordance with European Union Aviation this AD, unless this AD specifies otherwise.

VerDate Sep<11>2014 16:24 Jun 04, 2021 Jkt 253001 PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 E:\FR\FM\07JNR1.SGM 07JNR1 khammond on DSKJM1Z7X2PROD with RULES Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Rules and Regulations 30153

(i) European Union Aviation Safety Agency of a certain document listed in this AD Leonardo S.p.a. Model AB139 and (EASA) AD 2016–0232R1, dated December as of June 22, 2021. AW139 helicopters with 3-stretcher kit 12, 2019. The FAA must receive comments on part number 139084–501 installed by a (ii) [Reserved] this AD by July 22, 2021. certain supplemental type certificate (3) For EASA AD 2016–0232R1, contact the EASA, Konrad-Adenauer-Ufer 3, 50668 ADDRESSES: You may send comments, (STC). EASA advises that a design Cologne, Germany; telephone +49 221 8999 using the procedures found in 14 CFR deficiency was identified, affecting the 000; email [email protected]; Internet 11.43 and 11.45, by any of the following primary stretcher unit, part number www.easa.europa.eu. You may find this methods: 002095–502, of the 3-stretcher kit part EASA AD on the EASA website at https:// • Federal eRulemaking Portal: Go to number 139084–501. This condition, if ad.easa.europa.eu. https://www.regulations.gov. Follow the not addressed, could lead, in case of an (4) You may view this service information instructions for submitting comments. emergency landing, to failure of the at the FAA, Office of the Regional Counsel, • Fax: (202) 493–2251. primary stretcher of the 3-stretcher kit, Southwest Region, 10101 Hillwood Pkwy., • Room 6N–321, Fort Worth, TX 76177. For Mail: U.S. Department of possibly resulting in injury to helicopter information on the availability of this Transportation, Docket Operations, occupants. M–30, West Building Ground Floor, material at the FAA, call (817) 222–5110. Accordingly, EASA AD 2021–0095 Room W12–140, 1200 New Jersey This material may be found in the AD docket requires installing a placard on the on the internet at https:// Avenue SE, Washington, DC 20590. primary stretcher stating a limitation of www.regulations.gov by searching for and • Hand Delivery: Deliver to Mail 61 kg (134.5 lbs) for the maximum locating Docket No. FAA–2021–0016. address above between 9 a.m. and 5 allowable weight of the occupant on the (5) You may view this material that is p.m., Monday through Friday, except primary stretcher. EASA considers its incorporated by reference at the National Federal holidays. Archives and Records Administration For service information identified in AD an interim action and states that (NARA). For information on the availability further AD action may follow. Although of this material at NARA, email fedreg.legal@ this final rule, contact Aerolite AG, Aumu¨ hlestrasse 10, CH–6373 EASA AD 2021–0095 applies to nara.gov, or go to https://www.archives.gov/ Leonardo S.p.a. Model AB139 and federal-register/cfr/ibr-locations.html. Ennetbu¨ rgen, Switzerland; phone: +41 (0)41 624 58 58; fax: +41 (0)41 624 58 AW139 helicopters with 3-stretcher kit Issued on May 11, 2021. 59; email: [email protected]. You may part number 139084–501 installed by a Ross Landes, view this service information at the certain STC, this AD applies to Deputy Director for Regulatory Operations, FAA, Office of the Regional Counsel, helicopters with an affected part Compliance & Airworthiness Division, Southwest Region, 10101 Hillwood installed instead. Aircraft Certification Service. Pkwy., Room 6N–321, Fort Worth, TX FAA’s Determination [FR Doc. 2021–11803 Filed 6–4–21; 8:45 am] 76177. For information on the BILLING CODE 4910–13–P availability of this material at the FAA, These helicopters have been approved call (817) 222–5110. Service information by EASA and are approved for operation in the United States. Pursuant to the DEPARTMENT OF TRANSPORTATION that is incorporated by reference is also available at https://www.regulations.gov FAA’s bilateral agreement with the Federal Aviation Administration by searching for and locating Docket No. European Union, EASA has notified the FAA–2021–0452. FAA about the unsafe condition described in its AD. The FAA is issuing 14 CFR Part 39 Examining the AD Docket this AD after evaluating all known [Docket No. FAA–2021–0452; Project You may examine the AD docket at relevant information and determining Identifier MCAI–2021–00388–R; Amendment https://www.regulations.gov by that the unsafe condition described 39–21597; AD 2021–12–10] searching for and locating Docket No. previously is likely to exist or develop RIN 2120–AA64 FAA–2021–0452; or in person at Docket on other helicopters of these same type Operations between 9 a.m. and 5 p.m., designs. Airworthiness Directives; Leonardo Monday through Friday, except Federal S.p.a. holidays. The AD docket contains this Related Service Information Under 1 CFR Part 51 AGENCY: Federal Aviation final rule, the European Union Aviation Safety Agency (EASA) AD, any Administration (FAA), DOT. The FAA reviewed Aerolite Alert comments received, and other ACTION: Final rule; request for Service Bulletin ASB–21–006, dated information. The street address for comments. March 16, 2021. This service Docket Operations is listed above. information specifies procedures for SUMMARY: The FAA is adopting a new FOR FURTHER INFORMATION CONTACT: installing a weight limit placard on the airworthiness directive (AD) for Andrea Jimenez, Aerospace Engineer, primary stretcher unit of the 3-stretcher Leonardo S.p.a. Model AB139 and COS Program Management Section, kit. AW139 helicopters with 3-stretcher kit Operational Safety Branch, Compliance part number 139084–501 installed. This & Airworthiness Division, FAA, 1600 This service information is reasonably AD was prompted by a report of a Stewart Ave., Mail Stop: Room 410, available because the interested parties design deficiency which affects the Westbury, NY 11590; phone: (516) 228– have access to it through their normal primary stretcher unit of the 3-stretcher 7330; email: [email protected]. course of business or by the means identified in the ADDRESSES section. kit. This AD requires installing a SUPPLEMENTARY INFORMATION: placard on the primary stretcher. The AD Requirements FAA is issuing this AD to address the Background unsafe condition on these products. EASA, which is the Technical Agent This AD requires accomplishing the DATES: This AD becomes effective June for the Member States of the European actions specified in the service 22, 2021. Union, has issued EASA AD 2021–0095, information already described, except as The Director of the Federal Register dated March 31, 2021 (EASA AD 2021– discussed under ‘‘Differences Between approved the incorporation by reference 0095), to correct an unsafe condition for the AD and the EASA AD.’’

VerDate Sep<11>2014 16:24 Jun 04, 2021 Jkt 253001 PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 E:\FR\FM\07JNR1.SGM 07JNR1 khammond on DSKJM1Z7X2PROD with RULES 30154 Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Rules and Regulations

Differences Between This AD and the occupants. Accordingly, notice and from public disclosure. If your EASA AD opportunity for prior public comment comments responsive to this AD contain EASA AD 2021–0095 requires are impracticable and contrary to the commercial or financial information operators to ‘‘inform all affected flight public interest pursuant to 5 U.S.C. that is customarily treated as private, crew and medical crew members’’ of the 553(b)(3)(B). that you actually treat as private, and placard installation on the primary In addition, the FAA finds that good that is relevant or responsive to this AD, stretcher. However, this AD would not cause exists pursuant to 5 U.S.C. 553(d) it is important that you clearly designate specifically require that action. for making this amendment effective in the submitted comments as CBI. Please less than 30 days, for the same reasons mark each page of your submission Interim Action the FAA found good cause to forego containing CBI as ‘‘PROPIN.’’ The FAA The FAA considers this AD to be an notice and comment. will treat such marked submissions as interim action. If final action is later Comments Invited confidential under the FOIA, and they identified, the FAA might consider will not be placed in the public docket further rulemaking then. The FAA invites you to send any of this AD. Submissions containing CBI written data, views, or arguments about should be sent to Andrea Jimenez, Justification for Immediate Adoption this final rule. Send your comments to Aerospace Engineer, COS Program and Determination of the Effective Date an address listed under ADDRESSES. Management Section, Operational Section 553(b)(3)(B) of the Include ‘‘Docket No. FAA–2021–0452; Safety Branch, Compliance & Administrative Procedure Act (APA) (5 Project Identifier MCAI–2021–00388–R’’ Airworthiness Division, FAA, 1600 U.S.C. 551 et seq.) authorizes agencies at the beginning of your comments. The Stewart Ave., Mail Stop: Room 410, to dispense with notice and comment most helpful comments reference a Westbury, NY 11590; phone: (516) 228– procedures for rules when the agency, specific portion of the final rule, explain 7330; email: [email protected]. for ‘‘good cause,’’ finds that those the reason for any recommended Any commentary that the FAA receives procedures are ‘‘impracticable, change, and include supporting data. which is not specifically designated as unnecessary, or contrary to the public The FAA will consider all comments CBI will be placed in the public docket interest.’’ Under this section, an agency, received by the closing date and may for this rulemaking. upon finding good cause, may issue a amend this final rule because of those final rule without providing notice and comments. Regulatory Flexibility Act seeking comment prior to issuance. Except for Confidential Business Further, section 553(d) of the APA Information (CBI) as described in the The requirements of the Regulatory authorizes agencies to make rules following paragraph, and other Flexibility Act (RFA) do not apply when effective in less than thirty days, upon information as described in 14 CFR an agency finds good cause pursuant to a finding of good cause. 11.35, the FAA will post all comments 5 U.S.C. 553 to adopt a rule without An unsafe condition exists that received, without change, to https:// prior notice and comment. Because the requires the immediate adoption of this www.regulations.gov, including any FAA has determined that it has good AD without providing an opportunity personal information you provide. The cause to adopt this rule without prior for public comments prior to adoption. agency will also post a report notice and comment, RFA analysis is The FAA has found that the risk to the summarizing each substantive verbal not required. flying public justifies foregoing notice contact received about this final rule. Costs of Compliance and comment prior to adoption of this rule because a design deficiency which Confidential Business Information The FAA estimates that this AD affects the primary stretcher unit of the CBI is commercial or financial affects 129 helicopters of U.S. Registry. 3-stretcher kit, if not addressed, could information that is both customarily and Labor rates are estimated at $85 per lead, in case of an emergency landing, actually treated as private by its owner. work-hour. Based on these numbers, the to failure of the primary stretcher, Under the Freedom of Information Act FAA estimates the following costs to possibly resulting in injury to helicopter (FOIA) (5 U.S.C. 552), CBI is exempt comply with this AD.

ESTIMATED COSTS FOR REQUIRED ACTIONS

Cost per Cost on U.S. Labor cost Parts cost product operators

1 work-hour × $85 per hour = $85 ...... $10 $95 $12,255

The FAA has included all known detail the scope of the Agency’s unsafe condition that is likely to exist or costs in its cost estimate. According to authority. develop on products identified in this the manufacturer, however, some of the The FAA is issuing this rulemaking rulemaking action. costs of this AD may be covered under under the authority described in Regulatory Findings warranty, thereby reducing the cost Subtitle VII, Part A, Subpart III, Section impact on affected operators. 44701: General requirements. Under This AD will not have federalism that section, Congress charges the FAA implications under Executive Order Authority for This Rulemaking with promoting safe flight of civil 13132. This AD will not have a Title 49 of the United States Code aircraft in air commerce by prescribing substantial direct effect on the States, on specifies the FAA’s authority to issue regulations for practices, methods, and the relationship between the national rules on aviation safety. Subtitle I, procedures the Administrator finds Government and the States, or on the section 106, describes the authority of necessary for safety in air commerce. distribution of power and the FAA Administrator. Subtitle VII: This regulation is within the scope of responsibilities among the various Aviation Programs, describes in more that authority because it addresses an levels of government.

VerDate Sep<11>2014 16:24 Jun 04, 2021 Jkt 253001 PO 00000 Frm 00004 Fmt 4700 Sfmt 4700 E:\FR\FM\07JNR1.SGM 07JNR1 khammond on DSKJM1Z7X2PROD with RULES Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Rules and Regulations 30155

For the reasons discussed, I certify Alert Service Bulletin ASB–21–006, dated National Archives and Records that this AD: March 16, 2021. Administration (NARA). For information on the availability of this material at NARA, (1) Is not a ‘‘significant regulatory (h) Alternative Methods of Compliance email: [email protected], or go to: action’’ under Executive Order 12866, (AMOCs) https://www.archives.gov/federal-register/cfr/ and (1) The Manager, International Validation ibr-locations.html. (2) Will not affect intrastate aviation Branch, FAA, has the authority to approve in Alaska. AMOCs for this AD, if requested using the Issued on May 28, 2021. procedures found in 14 CFR 39.19. In Ross Landes, List of Subjects in 14 CFR Part 39 accordance with 14 CFR 39.19, send your Deputy Director for Regulatory Operations, Air transportation, Aircraft, Aviation request to your principal inspector or local Compliance & Airworthiness Division, safety, Incorporation by reference, Flight Standards District Office, as Aircraft Certification Service. appropriate. If sending information directly [FR Doc. 2021–11961 Filed 6–3–21; 4:15 pm] Safety. to the manager of the International Validation BILLING CODE 4910–13–P The Amendment Branch, send it to the attention of the person identified in paragraph (i)(1) of this AD. Accordingly, under the authority Information may be emailed to: 9-AVS-AIR- delegated to me by the Administrator, [email protected]. DEPARTMENT OF TRANSPORTATION the FAA amends 14 CFR part 39 as (2) Before using any approved AMOC, follows: notify your appropriate principal inspector, Federal Aviation Administration or lacking a principal inspector, the manager PART 39—AIRWORTHINESS of the local flight standards district office/ 14 CFR Part 39 certificate holding district office. DIRECTIVES [Docket No. FAA–2020–0857; Project (i) Related Information ■ Identifier MCAI–2020–00707–A; Amendment 1. The authority citation for part 39 (1) For more information about this AD, 39–21570; AD 2021–11–08] continues to read as follows: contact Andrea Jimenez, Aerospace Engineer, Authority: 49 U.S.C. 106(g), 40113, 44701. COS Program Management Section, RIN 2120–AA64 Operational Safety Branch, Compliance & § 39.13 [Amended] Airworthiness Division, FAA, 1600 Stewart Airworthiness Directives; Pilatus Aircraft Ltd. Airplanes ■ 2. The FAA amends § 39.13 by adding Ave., Mail Stop: Room 410, Westbury, NY 11590; phone: (516) 228–7330; email: the following new airworthiness [email protected]. AGENCY: Federal Aviation directive: (2) For service information identified in Administration (FAA), DOT. 2021–12–10 Leonardo S.p.a.: Amendment this AD, contact Aerolite AG, ACTION: Final rule. 39–21597; Docket No. FAA–2021–0452; Aumu¨ hlestrasse 10, CH–6373 Ennetbu¨ rgen, Project Identifier MCAI–2021–00388–R. Switzerland; phone: +41 (0)41 624 58 58; fax: SUMMARY: The FAA is superseding +41 (0)41 624 58 59; email: [email protected]. Airworthiness Directive (AD) 2014–25– (a) Effective Date You may view this referenced service 04 for all Pilatus Aircraft Ltd. (Pilatus) This airworthiness directive (AD) is information at the FAA, Office of the Model PC–6, PC–6–H1, PC–6–H2, PC–6/ effective June 22, 2021. Regional Counsel, Southwest Region, 10101 Hillwood Pkwy., Room 6N–321, Fort Worth, 350, PC–6/350–H1, PC–6/350–H2, PC– (b) Affected ADs TX 76177. For information on the availability 6/A, PC–6/A–H1, PC–6/A–H2, PC–6/B– None. of this material at the FAA, call (817) 222– H2, PC–6/B1–H2, PC–6/B2–H2, PC–6/ 5110. B2–H4, PC–6/C–H2, and PC–6/C1–H2 (c) Applicability (3) The subject of this AD is addressed in airplanes. AD 2014–25–04 required This AD applies to Leonardo S.p.a. Model European Union Aviation Safety Agency incorporating revised airworthiness AB139 and AW139 helicopters, certificated (EASA) AD 2021–0095, dated March 31, limitations into the aircraft maintenance in any category, with 3-stretcher kit part 2021. You may view the EASA AD at https:// manual (AMM) for your FAA-approved number 139084–501 installed. www.regulations.gov in Docket No. FAA– 2021–0452. maintenance program. This AD requires (d) Subject incorporating new airworthiness Joint Aircraft Service Component (JASC) (j) Material Incorporated by Reference limitations and an eddy current Code: 1100, Placards and Markings. (1) The Director of the Federal Register inspection of each fuselage wing fitting approved the incorporation by reference of (e) Unsafe Condition if an earlier version of the service the service information listed in this information was accomplished. This AD This AD was prompted by a report of a paragraph under 5 U.S.C. 552(a) and 1 CFR was prompted by a determination that design deficiency which affects the primary part 51. stretcher unit of the 3-stretcher kit. The FAA (2) You must use this service information the new life limits, revised is issuing this AD to address a design as applicable to do the actions required by airworthiness limitations, and new deficiency which affects the primary this AD, unless the AD specifies otherwise. inspection procedures are necessary. stretcher unit of the 3-stretcher kit. The (i) Aerolite Alert Service Bulletin ASB–21– The FAA is issuing this AD to address unsafe condition, if not addressed, could 006, dated March 16, 2021. the unsafe condition on these products. lead, in case of an emergency landing, to (ii) [Reserved] DATES: This AD is effective July 12, (3) For Aerolite AG service information failure of the primary stretcher, possibly 2021. resulting in injury to helicopter occupants. identified in this AD, contact Aerolite AG, Aumu¨ hlestrasse 10, CH–6373 Ennetbu¨ rgen, The Director of the Federal Register (f) Compliance Switzerland; phone: +41 (0)41 624 58 58; fax: approved the incorporation by reference Comply with this AD within the +41 (0)41 624 58 59; email: [email protected]. of certain publications listed in this AD compliance times specified, unless already (4) You may view this service information as of July 12, 2021. done. at the FAA, Office of the Regional Counsel, ADDRESSES: For service information Southwest Region, 10101 Hillwood Pkwy., (g) Required Actions Room 6N–321, Fort Worth, TX 76177. For identified in this final rule, contact Within 30 hours time-in-service (TIS) after information on the availability of this Pilatus Aircraft Ltd., Customer Support the effective date of this AD, install a placard material at the FAA, call (817) 222–5110. General Aviation, CH–6371 Stans, on the primary stretcher in accordance with (5) You may view this service information Switzerland; phone: +41 848 24 7 365; the Accomplishment Instructions of Aerolite that is incorporated by reference at the email: Techsupport@pilatus-

VerDate Sep<11>2014 16:24 Jun 04, 2021 Jkt 253001 PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 E:\FR\FM\07JNR1.SGM 07JNR1 khammond on DSKJM1Z7X2PROD with RULES 30156 Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Rules and Regulations

aircraft.com; website: https:// superseded its previous MCAIs on this described in the MCAI and service www.pilatus-aircraft.com/en. You may unsafe condition with EASA AD 2020– information referenced above. The FAA view this referenced service information 0120, dated May 27, 2020 (EASA AD reviewed the relevant data and at the FAA, Airworthiness Products 2020–0120). The NPRM proposed to determined that air safety requires Section, Operational Safety Branch, 901 require revising the airworthiness adoption of the AD as proposed. Locust, Kansas City, MO 64106. For limitation section of the existing Accordingly, the FAA is issuing this AD information on the availability of this maintenance manual or instructions for to address the unsafe condition on these material at the FAA, call (816) 329– continued airworthiness to incorporate products. This AD is adopted as 4148. It is also available at https:// new airworthiness limitations, and proposed in the SNPRM. www.regulations.gov by searching for performing an eddy current inspection and locating Docket No. FAA–2020– of the fuselage wing fittings and wing to Related Service Information Under 1 0857. fuselage fittings. CFR Part 51 After the FAA issued the NPRM, Examining the AD Docket Pilatus issued the Airworthiness EASA superseded EASA AD 2020–0120 Limitations Section of PC–6 You may examine the AD docket at and issued EASA AD 2020–0278, dated Airworthiness Limitations Document https://www.regulations.gov by December 14, 2020 (EASA AD 2020– No. 02334, Revision 10, dated October searching for and locating Docket No. 0278) (also referred to after this as ‘‘the FAA–2020–0857; or in person at Docket MCAI’’). According to EASA AD 2020– 30, 2020; and Section 04–00–00, Operations between 9 a.m. and 5 p.m., 0278, an installation procedure Airworthiness Limitations of Chapter Monday through Friday, except Federal specified in the service information 04, Airworthiness Limitations, of the holidays. The AD docket contains this identified in the NPRM contained an Pilatus PC–6 Aircraft Maintenance final rule, any comments received, and error and, therefore, did not adequately Manual Document No. 01975, Revision other information. The address for address the identified unsafe condition. 30, dated October 30, 2020. This service Docket Operations is U.S. Department of Pilatus revised the airworthiness information contains airworthiness Transportation, Docket Operations, limitations and issued corrected service limitations for the stabilizer trim M–30, West Building Ground Floor, information, which includes installing actuator, fuselage wing fittings, and Room W12–140, 1200 New Jersey certain bushes using grease instead of a wing-to-fuselage fittings. These Avenue SE, Washington, DC 20590. bonding agent and an additional one- documents are distinct since they apply FOR FURTHER INFORMATION CONTACT: time eddy current inspection of the to different airplane models. Doug Rudolph, Aviation Safety fuselage wing fittings and wing-to- Pilatus also issued Section 53–00–01, Engineer, FAA, General Aviation & fuselage fittings if the last inspection Fuselage Wing Fittings—Inspection/ Rotorcraft Section, International was performed using an earlier version Check, of the Pilatus PC–6 Aircraft Validation Branch, 901 Locust, Room of the service information. You may Maintenance Manual Document No. 301, Kansas City, MO 64106; phone: examine the MCAI in the AD docket at 01975, Revision 30, dated October 30, (816) 329–4059; fax: (816) 329–4090; https://www.regulations.gov by 2020; Section 57–00–03, Wing to email: [email protected]. searching for and locating Docket No. Fuselage Fittings—Inspection/Check, of FAA–2020–0857. SUPPLEMENTARY INFORMATION: the PC–6 Aircraft Maintenance Manual The FAA issued a supplemental Document No. 01975, Revision 29, Background notice of proposed rulemaking (SNPRM) dated February 28, 2020; Appendix K, The FAA issued a notice of proposed to amend 14 CFR part 39 to supersede Fuselage Wing Fittings—Inspection/ rulemaking (NPRM) to amend 14 CFR AD 2014–25–04. The SNPRM published Check, of the PC–6 Airworthiness part 39 to supersede AD 2014–25–04, in the Federal Register on March 8, Limitations Document No. 02334, Amendment 39–18045 (79 FR 73803, 2021 (86 FR 13222). The SNPRM Revision 10, dated October 30, 2020; December 12, 2014) (AD 2014–25–04). proposed to add an eddy current and Appendix L, Wing to Fuselage AD 2014–25–04 applied to all Pilatus inspection of each fuselage wing fitting Fittings—Inspection/Check, of the PC–6 Model PC–6, PC–6–H1, PC–6–H2, PC–6/ if an earlier version of the service Airworthiness Limitations Document 350, PC–6/350–H1, PC–6/350–H2, PC– information was accomplished. The No. 02334, Revision 9, dated March 6, FAA is issuing this AD to address 6/A, PC–6/A–H1, PC–6/A–H2, PC–6/B– 2020. This service information specifies reduced airplane controllability due to H2, PC–6/B1–H2, PC–6/B2–H2, PC–6/ procedures for repetitive eddy current possible loss of structural integrity of B2–H4, PC–6/C–H2, and PC–6/C1–H2 inspections of the fuselage wing fittings certain parts. airplanes and resulted from mandatory and wing-to-fuselage fittings and, if continuing airworthiness information Discussion of the Final Airworthiness necessary, installing the bush on the (MCAI) issued by an aviation authority Directive fuselage wing fittings using grease. of another country to identify and Comments These documents are distinct since they correct an unsafe condition on an apply to different airplane models. aviation product. AD 2014–25–04 The FAA received no comments on This service information is reasonably required incorporating revised the SNPRM or on the determination of available because the interested parties airworthiness limitations into the AMM the costs. for your FAA-approved maintenance have access to it through their normal program. Conclusion course of business or by the means The NPRM published in the Federal This product has been approved by identified in the ADDRESSES section. Register on October 2, 2020 (85 FR the aviation authority of another Costs of Compliance 62266). The NPRM was prompted by a country, and is approved for operation MCAI issued by the European Union in the United States. Pursuant to the The FAA estimates that this AD Aviation Safety Agency (EASA), which FAA’s bilateral agreement with the State affects 30 airplanes of U.S. registry. The is the Technical Agent for the Member of Design Authority, the FAA has been FAA estimates the following costs to States of the European Union. EASA notified of the unsafe condition comply with this AD:

VerDate Sep<11>2014 16:24 Jun 04, 2021 Jkt 253001 PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 E:\FR\FM\07JNR1.SGM 07JNR1 khammond on DSKJM1Z7X2PROD with RULES Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Rules and Regulations 30157

ESTIMATED COSTS

Cost per Cost on U.S. Action Labor cost Parts cost product operators

ALS revision ...... 1 work-hour × $85 per $0 $85 ...... $2,550. hour = $85. Eddy current inspection of the fuselage wing fit- 7 work-hours × $85 per 1,860 2,455 per inspection 73,650 per inspection tings and wing-to-fuselage fittings. hour = $595. cycle. cycle.

The FAA estimates the following earlier version of the service the number of aircraft that might need costs to do the inspections and information has been accomplished. these inspections and installation: installation that would be required if an The agency has no way of determining

ON-CONDITION COSTS

Cost per Action Labor cost Parts cost product

Visual and eddy current inspection and installation for certain bushes .... 7 work-hours × $85 per hour = $1,860 $2,455 $595.

Authority for This Rulemaking under the criteria of the Regulatory and PC–6/C1–H2 airplanes, all serial Flexibility Act. numbers, certificated in any category. Title 49 of the United States Code Note 1 to paragraph (c): These airplanes specifies the FAA’s authority to issue List of Subjects in 14 CFR Part 39 may also be identified as Fairchild Republic rules on aviation safety. Subtitle I, Air transportation, Aircraft, Aviation Company airplanes, Fairchild Industries section 106, describes the authority of safety, Incorporation by reference, airplanes, Fairchild Heli Porter airplanes, or Fairchild-Hiller Corporation airplanes. the FAA Administrator. Subtitle VII: Safety. Aviation Programs, describes in more (d) Subject The Amendment detail the scope of the Agency’s Air Transport Association (ATA) of authority. Accordingly, under the authority America Code 05, Time Limits/Maintenance The FAA is issuing this rulemaking delegated to me by the Administrator, Checks. under the authority described in the FAA amends 14 CFR part 39 as (e) Reason Subtitle VII, Part A, Subpart III, Section follows: This AD was prompted by a determination 44701: General requirements. Under that new and more restrictive airworthiness that section, Congress charges the FAA PART 39—AIRWORTHINESS DIRECTIVES limitations, new life limits, and new with promoting safe flight of civil inspection procedures are necessary. The aircraft in air commerce by prescribing ■ 1. The authority citation for part 39 FAA is issuing this AD to address reduced regulations for practices, methods, and airplane controllability due to possible loss continues to read as follows: procedures the Administrator finds of structural integrity of certain parts. Authority: 49 U.S.C. 106(g), 40113, 44701. necessary for safety in air commerce. (f) Airworthiness Limitations Revision This regulation is within the scope of § 39.13 [Amended] Unless already done, before further flight, that authority because it addresses an ■ comply with the actions specified in unsafe condition that is likely to exist or 2. The FAA amends § 39.13 by: ■ a. Removing Airworthiness Directive paragraphs (f)(1) through (3) of this AD. develop on products identified in this (1) For Models PC–6/B2–H2 and PC–6/B2– 2014–25–04, Amendment 39–18045 (79 rulemaking action. H4 airplanes, revise the airworthiness FR 73803, December 12, 2014), and limitations section (ALS) of the existing ■ Regulatory Findings b. Adding the following new maintenance manual or instructions for airworthiness directive: The FAA determined that this AD continued airworthiness (ICA) for your airplane as follows: will not have federalism implications 2021–11–08 Pilatus Aircraft Ltd.: Amendment 39–21570; Docket No. (i) Replace Section 04–00–00 with Section under Executive Order 13132. This AD 04–00–00, Airworthiness Limitations, of will not have a substantial direct effect FAA–2020–0857; Project Identifier MCAI–2020–00707–A. Chapter 04, Airworthiness Limitations, of the on the States, on the relationship Pilatus PC–6 Aircraft Maintenance Manual between the national government and (a) Effective Date Document No. 01975, Revision 30, dated the States, or on the distribution of This airworthiness directive (AD) is October 30, 2020. power and responsibilities among the effective July 12, 2021. (ii) Add (or replace, if applicable) Section various levels of government. 53–00–01, Fuselage Wing Fittings— (b) Affected ADs Inspection/Check, of the Pilatus PC–6 For the reasons discussed above, I This AD replaces AD 2014–25–04, Aircraft Maintenance Manual Document No. certify that this AD: Amendment 39–18045 (79 FR 73803, 01975, Revision 30, dated October 30, 2020. (1) Is not a ‘‘significant regulatory December 12, 2014) (AD 2014–25–04). (iii) Add Section 57–00–03, Wing to action’’ under Executive Order 12866, Fuselage Fittings—Inspection/Check, of the (c) Applicability (2) Will not affect intrastate aviation Pilatus PC–6 Aircraft Maintenance Manual Document No. 01975, Revision 29, dated in Alaska, and This AD applies to Pilatus Aircraft Ltd. Model PC–6, PC–6–H1, PC–6–H2, PC–6/350, February 28, 2020. (3) Will not have a significant PC–6/350–H1, PC–6/350–H2, PC–6/A, PC–6/ (2) For all airplanes specified in paragraph economic impact, positive or negative, A–H1, PC–6/A–H2, PC–6/B–H2, PC–6/B1– (c) of this AD except Models PC–6/B2–H2 on a substantial number of small entities H2, PC–6/B2–H2, PC–6/B2–H4, PC–6/C–H2, and PC–6/B2–H4 airplanes, revise the ALS of

VerDate Sep<11>2014 16:24 Jun 04, 2021 Jkt 253001 PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 E:\FR\FM\07JNR1.SGM 07JNR1 khammond on DSKJM1Z7X2PROD with RULES 30158 Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Rules and Regulations

the existing maintenance manual or ICA for (j) Related Information Issued on May 15, 2021. your airplane as follows: (1) Refer to Mandatory Continuing Gaetano A. Sciortino, (i) Replace the ALS with the Airworthiness Airworthiness Information (MCAI) European Deputy Director for Strategic Initiatives, Limitations Section of Pilatus PC–6 Union Aviation Safety Agency (EASA) AD Compliance & Airworthiness Division, Airworthiness Limitations Document No. 2020–0120, dated May 27, 2020, and EASA Aircraft Certification Service. 02334, Revision 10, dated October 30, 2020. AD 2020–0278, dated December 14, 2020, for (ii) Add (or replace, if applicable) [FR Doc. 2021–11812 Filed 6–4–21; 8:45 am] related information. This MCAI may be Appendix K, Fuselage Wing Fittings— BILLING CODE 4910–13–P Inspection/Check, of Pilatus PC–6 found in the AD docket at https:// Airworthiness Limitations Document No. www.regulations.gov by searching for and 02334, Revision 10, dated October 30, 2020. locating Docket No. FAA–2020–0857. DEPARTMENT OF TRANSPORTATION (iii) Add Appendix L, Wing to Fuselage (2) For more information about this AD, Fittings—Inspection/Check, of Pilatus PC–6 contact Doug Rudolph, Aviation Safety Federal Aviation Administration Airworthiness Limitations Document No. Engineer, FAA, General Aviation & Rotorcraft Section, International Validation Branch, 901 02334, Revision 9, dated March 6, 2020. 14 CFR Part 39 (3) For all airplanes specified in paragraph Locust, Room 301, Kansas City, MO 64106; (c) of this AD, after revising the ALS as telephone: (816) 329–4059; fax: (816) 329– [Docket No. FAA–2021–0378; Project required by paragraphs (f)(1) and (2) of this 4090; email: [email protected]. Identifier 2017–SW–122–AD; Amendment AD, remove from service each part that has (k) Material Incorporated by Reference 39–21576; AD 2021–11–14] reached or exceeded its new life limit. (1) The Director of the Federal Register RIN 2120–AA64 (g) Inspections and Replacement approved the incorporation by reference (1) For airplanes with a bush part number (IBR) of the service information listed in this Airworthiness Directives; Leonardo (P/N) 6100.0020.01 that has been bonded as paragraph under 5 U.S.C. 552(a) and 1 CFR S.p.a. Helicopters specified in Section 53–00–01, Fuselage part 51. Wing Fittings—Inspection/Check, of Pilatus (2) You must use this service information AGENCY: Federal Aviation PC–6 Aircraft Maintenance Manual as applicable to do the actions required by Administration (FAA), DOT. Document No. 01975, Revision 29, dated this AD, unless this AD specifies otherwise. ACTION: Final rule; request for February 28, 2020; or Appendix K, Fuselage (i) Pilatus PC–6 Aircraft Maintenance comments. Wing Fittings—Inspection/Check, of Pilatus Manual Document No. 01975, Revision 29, PC–6 Airworthiness Limitations Document dated February 28, 2020. SUMMARY: The FAA is adopting a new No. 02334, Revision 9, dated March 6, 2020: (A) Section 57–00–03, Wing to Fuselage Within 50 hours time-in-service (TIS) after airworthiness directive (AD) for certain Fittings—Inspection/Check. Leonardo S.p.a. Model AW169 the effective date of this AD, perform a visual (B) [Reserved] and eddy current inspection of each fuselage helicopters. This AD was prompted by (ii) Pilatus PC–6 Aircraft Maintenance wing fitting on fuselage Frame 3, remove reports of failed nose landing gear (NLG) Manual Document No. 01975, Revision 30, bush P/N 6100.0020.01 from service, and retraction actuators during the dated October 30, 2020. install a new (zero hours TIS) bush P/N acceptance test procedures on the 6100.0020.01 into Frame 3 with grease by (A) Section 04–00–00, Airworthiness Limitations, of Chapter 04, Airworthiness ground on the final assembly line. This using the procedures specified in paragraph AD requires depending on the (f)(1)(ii) or (f)(2)(ii) of this AD, as applicable Limitations. to your airplane. (B) Section 53–00–01, Fuselage Wing helicopter configuration, various (2) Unless already done, within 1,100 Fittings—Inspection/Check. modifications, installation checks, hours TIS after the effective date of this AD (iii) Pilatus PC–6 Airworthiness inspections of the NLG and main or within 12 months after the effective date Limitations Document No. 02334, Revision 9, landing gear (MLG) retraction actuators of this AD, whichever occurs first, perform dated March 6, 2020. and of the plungers of the NLG and an eddy current inspection of each fuselage (A) Appendix L, Wing to Fuselage MLG up down lock actuators, and wing fitting and each wing-to-fuselage fitting Fittings—Inspection/Check. corrective actions if necessary. The FAA using the procedures specified in paragraphs (B) [Reserved] is issuing this AD to address the unsafe (f)(1)(ii) and (iii) of this AD, or paragraphs (iv) Pilatus PC–6 Airworthiness (f)(2)(ii) and (iii) of this AD, as applicable to Limitations Document No. 02334, Revision condition on these products. your airplane. Thereafter, repeat the eddy 10, dated October 30, 2020. DATES: This AD becomes effective June current inspection of each fuselage wing (A) Airworthiness Limitations Section. 22, 2021. fitting and each wing-to-fuselage fitting at the (B) Appendix K, Fuselage Wing Fittings— The Director of the Federal Register intervals specified in the ALS identified in Inspection/Check. approved the incorporation by reference paragraph (f)(1)(i) or (f)(2)(i), as applicable to (3) For service information identified in of a certain document listed in this AD your airplane. this AD, contact Pilatus Aircraft Ltd., as of June 22, 2021. (h) No Alternative Actions or Intervals Customer Support General Aviation, CH– The FAA must receive comments on 6371 Stans, Switzerland; telephone: +41 848 this AD by July 22, 2021. After the ALS has been revised as required 24 7 365; email: Techsupport@ by paragraph (f) of this AD, no alternative pilatusaircraft.com; website: https:// ADDRESSES: You may send comments, inspection intervals or procedures may be www.pilatusaircraft.com/en. using the procedures found in 14 CFR approved, except as provided in paragraph (i) (4) You may view this service information 11.43 and 11.45, by any of the following of this AD. at the FAA, Airworthiness Products Section, methods: (i) Other FAA AD Provisions Operational Safety Branch, 901 Locust, • Federal eRulemaking Portal: Go to Alternative Methods of Compliance Kansas City, MO 64106. For information on https://www.regulations.gov. Follow the (AMOCs): The Manager, International the availability of this material at the FAA, instructions for submitting comments. Validation Branch, FAA, has the authority to call (816) 329–4148. • Fax: (202) 493–2251. approve AMOCs for this AD, if requested (5) You may view this service information • Mail: U.S. Department of that is incorporated by reference at the using the procedures found in 14 CFR 39.19. Transportation, Docket Operations, Send your request to the person identified in National Archives and Records Related Information. Before using any Administration (NARA). For information on M–30, West Building Ground Floor, approved AMOC, notify your appropriate the availability of this material at NARA, Room W12–140, 1200 New Jersey principal inspector, or lacking a principal email: [email protected], or go to: Avenue SE, Washington, DC 20590. inspection, the manager of the local Flight https://www.archives.gov/federal-register/cfr/ • Hand Delivery: Deliver to Mail Standards District Office. ibr-locations.html. address above between 9 a.m. and 5

VerDate Sep<11>2014 16:24 Jun 04, 2021 Jkt 253001 PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 E:\FR\FM\07JNR1.SGM 07JNR1 khammond on DSKJM1Z7X2PROD with RULES Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Rules and Regulations 30159

p.m., Monday through Friday, except locked or unlocked NLG or MLG upon Differences Between This AD and the Federal holidays. landing, possibly resulting in damage to MCAI For service information identified in the helicopter and injury to the EASA AD 2017–0164 requires this final rule, contact Leonardo S.p.A. occupants. modifications and installation checks Helicopters, Emanuele Bufano, Head of Accordingly, the EASA AD requires, within 200 hours time-in-service (TIS) Airworthiness, Viale G.Agusta 520, depending on the helicopter or 6 months, whichever occurs first; this 21017 C.Costa di Samarate (Va) Italy; configuration, various modifications, AD requires those actions within 200 telephone +39–0331–225074; fax +39– installation checks, inspections of the hours TIS. 0331–229046; or at https:// plungers of the NLG and MLG up down EASA AD 2017–0164 requires, for www.leonardocompany.com/en/home. lock actuators, and corrective actions if certain helicopters, an inspection of the You may view this service information necessary. plungers of the NLG and MLG up down at the FAA, Office of the Regional FAA’s Determination lock actuators within 50 hours TIS or 30 Counsel, Southwest Region, 10101 days, whichever occurs first; this AD Hillwood Pkwy., Room 6N–321, Fort This product has been approved by requires that action within 30 days. Worth, TX 76177. For information on the aviation authority of another the availability of this material at the country and is approved for operation in Justification for Immediate Adoption FAA, call (817) 222–5110. It is also the United States. Pursuant to the FAA’s and Determination of the Effective Date available at https://www.regulations.gov bilateral agreement with the State of Section 553(b)(3)(B) of the by searching for and locating Docket No. Design Authority, the FAA has been Administrative Procedure Act (APA) (5 FAA–2021–0378. notified of the unsafe condition U.S.C. 551 et seq.) authorizes agencies Examining the AD Docket described in the MCAI referenced to dispense with notice and comment above. The FAA is issuing this AD after procedures for rules when the agency, You may examine the AD docket at evaluating all pertinent information and for ‘‘good cause,’’ finds that those https://www.regulations.gov by determining that the unsafe condition procedures are ‘‘impracticable, searching for and locating Docket No. exists and is likely to exist or develop unnecessary, or contrary to the public FAA–2021–0378; or in person at Docket on other products of the same type interest.’’ Under this section, an agency, Operations between 9 a.m. and 5 p.m., design. upon finding good cause, may issue a Monday through Friday, except Federal final rule without providing notice and holidays. The AD docket contains this Related Service Information Under 1 CFR Part 51 seeking comment prior to issuance. final rule, the European Aviation Safety Further, section 553(d) of the APA Agency (now European Union Aviation The FAA reviewed Leonardo authorizes agencies to make rules Safety Agency) (EASA) AD, any Helicopters Alert Service Bulletin 169– effective in less than thirty days, upon comments received, and other 023, Revision B, dated April 16, 2018 a finding of good cause. information. The street address for (ASB 169–023, Revision B). This service There is one helicopter with this type Docket Operations is listed above. information specifies procedures for, certificate on the U.S. Register. The FAA FOR FURTHER INFORMATION CONTACT: depending on the helicopter has confirmed that the identified unsafe Anthony Kenward, Aerospace Engineer, configuration, various modifications, condition has been addressed on that AIR–7F1, Fort Worth ACO Branch, installation checks (which include helicopter. Accordingly, notice and FAA, 10101 Hillwood Parkway, Fort measurements), inspections of the opportunity for prior public comment Worth, TX 78101; telephone (817) 222– plungers of the NLG and MLG up down are unnecessary, pursuant to 5 U.S.C. 5152; email [email protected]. lock actuators, and corrective actions if 553(b)(3)(B). SUPPLEMENTARY INFORMATION: necessary. The modifications include In addition, for the foregoing replacing the actuators, installing reason(s), the FAA finds that good cause Background enhanced landing gear retracting exists pursuant to 5 U.S.C. 553(d) for The EASA, which is the Technical actuators, modifying the landing gear making this amendment effective in less Agent for the Member States of the actuator control box, improving the than 30 days. European Union, has issued EASA AD landing gear proximity switch, and 2017–0164, dated September 4, 2017 doing checks and measurements. Comments Invited (EASA AD 2017–0164), to correct an Corrective actions include replacing the The FAA invites you to send any unsafe condition for certain Leonardo NLG and MLG lock support buffer, written data, views, or arguments about S.p.a. Model AW169 helicopters. The reinstalling the NLG and MLG retracting this final rule. Send your comments to EASA advises that there were reports of electrical actuator, shimming gaps, an address listed under ADDRESSES. failed NLG retraction actuators during adjusting the position of the NLG Include ‘‘Docket No. FAA–2021–0378; the acceptance test procedures on the retracting lever, applying lubricant, Project Identifier 2017–SW–122–AD’’ at ground on the final assembly line. The installing a pin, replacing washers, and the beginning of your comments. The EASA stated the NLG got stuck at reinstalling the NLG assembly. most helpful comments reference a approximately a 45° angle (half of the This service information is reasonably specific portion of the final rule, explain full stroke) regardless of the selected available because the interested parties the reason for any recommended extension mode (normal or emergency). have access to it through their normal change, and include supporting data. Investigation revealed that excessive course of business or by the means The FAA will consider all comments friction inside the NLG retraction identified in the ADDRESSES section. received by the closing date and may actuator caused internal damage, amend this final rule because of those AD Requirements resulting in mechanical jam of the comments. actuator rotary shaft. The EASA advised This AD requires accomplishing the Except for Confidential Business that due to similarity of design, the actions specified in the service Information (CBI) as described in the same failure mode can affect the MLG information already described, except as following paragraph, and other retraction actuators. This condition, if discussed under ‘‘Differences Between information as described in 14 CFR not addressed, could result in a partially this AD and the MCAI.’’ 11.35, the FAA will post all comments

VerDate Sep<11>2014 16:24 Jun 04, 2021 Jkt 253001 PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 E:\FR\FM\07JNR1.SGM 07JNR1 khammond on DSKJM1Z7X2PROD with RULES 30160 Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Rules and Regulations

received, without change, to https:// mark each page of your submission 5 U.S.C. 553 to adopt a rule without www.regulations.gov, including any containing CBI as ‘‘PROPIN.’’ The FAA prior notice and comment. Because the personal information you provide. The will treat such marked submissions as FAA has determined that it has good agency will also post a report confidential under the FOIA, and they cause to adopt this rule without prior summarizing each substantive verbal will not be placed in the public docket notice and comment, RFA analysis is contact received about this final rule. of this AD. Submissions containing CBI not required. should be sent to Anthony Kenward, Confidential Business Information Aerospace Engineer, AIR–7F1, Fort Costs of Compliance CBI is commercial or financial Worth ACO Branch, FAA, 10101 information that is both customarily and Hillwood Parkway, Fort Worth, TX Currently, there are no affected U.S.- actually treated as private by its owner. 78101; telephone (817) 222–5152; email registered helicopters. As stated Under the Freedom of Information Act [email protected]. Any previously, there is one helicopter on (FOIA) (5 U.S.C. 552), CBI is exempt commentary that the FAA receives the U.S. Register; however, the required from public disclosure. If your which is not specifically designated as actions have already been accomplished comments responsive to this AD contain CBI will be placed in the public docket on that helicopter. If an affected commercial or financial information for this rulemaking. helicopter is imported and placed on that is customarily treated as private, the U.S. Register in the future, the FAA Regulatory Flexibility Act that you actually treat as private, and provides the following cost estimates to that is relevant or responsive to this AD, The requirements of the Regulatory comply with this AD: it is important that you clearly designate Flexibility Act (RFA) do not apply when the submitted comments as CBI. Please an agency finds good cause pursuant to

ESTIMATED COSTS FOR REQUIRED ACTIONS

Cost per Labor cost Parts cost product

Up to 147 work-hours × $85 per hour = $12,495 ...... (*) $12,495 * The FAA has received no definitive data that would enable the agency to provide cost estimates for the parts cost of the required actions specified in this AD.

The FAA estimates the following the results of any required actions. The number of helicopters that might need costs to do any necessary on-condition FAA has no way of determining the these on-condition actions: actions that would be required based on

ESTIMATED COSTS OF ON-CONDITION ACTIONS

Cost per Labor cost Parts cost product

8 work-hours × $85 per hour = $680 ...... Negligible ...... $680

According to the manufacturer, some procedures the Administrator finds List of Subjects in 14 CFR Part 39 or all of the costs of this AD may be necessary for safety in air commerce. Air transportation, Aircraft, Aviation covered under warranty, thereby This regulation is within the scope of safety, Incorporation by reference, reducing the cost impact on affected that authority because it addresses an Safety. operators. The FAA does not control unsafe condition that is likely to exist or warranty coverage for affected operators. develop on products identified in this Adoption of the Amendment As a result, the FAA has included all rulemaking action. Accordingly, under the authority known costs in the cost estimate. Regulatory Findings delegated to me by the Administrator, Authority for This Rulemaking the FAA amends 14 CFR part 39 as This AD will not have federalism follows: Title 49 of the United States Code implications under Executive Order specifies the FAA’s authority to issue 13132. This AD will not have a PART 39—AIRWORTHINESS rules on aviation safety. Subtitle I, substantial direct effect on the States, on DIRECTIVES section 106, describes the authority of the relationship between the national the FAA Administrator. Subtitle VII: Government and the States, or on the ■ 1. The authority citation for part 39 Aviation Programs, describes in more distribution of power and continues to read as follows: detail the scope of the Agency’s responsibilities among the various Authority: 49 U.S.C. 106(g), 40113, 44701. authority. levels of government. The FAA is issuing this rulemaking § 39.13 [Amended] under the authority described in For the reasons discussed, I certify Subtitle VII, Part A, Subpart III, Section that this AD: ■ 2. The FAA amends § 39.13 by adding 44701: General requirements. Under (1) Is not a ‘‘significant regulatory the following new airworthiness that section, Congress charges the FAA action’’ under Executive Order 12866, directive: with promoting safe flight of civil and 2021–11–14 Leonardo S.p.a.: Amendment aircraft in air commerce by prescribing (2) Will not affect intrastate aviation 39–21576; Docket No. FAA–2021–0378; regulations for practices, methods, and in Alaska. Project Identifier 2017–SW–122–AD.

VerDate Sep<11>2014 16:24 Jun 04, 2021 Jkt 253001 PO 00000 Frm 00010 Fmt 4700 Sfmt 4700 E:\FR\FM\07JNR1.SGM 07JNR1 khammond on DSKJM1Z7X2PROD with RULES Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Rules and Regulations 30161

(a) Effective Date specified in Part II of ASB 169–023, Revision with the Accomplishment Instructions of This airworthiness directive (AD) is B. ASB 169–023, Revision B, except as required effective June 22, 2021. (3) For helicopters having S/N 69032, S/N by paragraph (k) of this AD. For this AD, 69041, and S/N 69051 that are not equipped discrepancies include gaps between parts (b) Affected ADs with retractable LG system P/N that are not within tolerances, improperly None. 6F3200F00411 (enhanced NLG retracting aligned rotational axis of certain parts, non- actuator P/N 6F3230V00532 and enhanced parallel lever for certain parts, a certain pin (c) Applicability MLG retracting actuators P/N F3230V00832 is not installed on the MLGs, and incorrect This AD applies to Leonardo S.p.a. Model and P/N 6F3230V01032): Modify the thickness of certain washers. AW169 helicopters, certificated in any helicopter (which includes installing (2) If, during any inspection required by category, identified in paragraphs (c)(1) and enhanced landing gear retracting actuators paragraph (i) of this AD, corrosion is (2) of this AD. and doing checks and measurements), as detected, before further flight, accomplish the (1) Helicopters having serial number specified in Part III of ASB 169–023, Revision applicable corrective action and apply 69007, 69009, 69011, 69013, 69014, 69015, B. corrosion inhibitor on the plungers of the 69017, 69018, 69020, 69021, 69022, 69023, (4) For helicopters having S/N 69007, S/N NLG and MLG up down lock actuators, in 69024, 69025, 69027, 69028, 69031, 69032, 69009, S/N 69011, S/N 69013, S/N 69014, S/ accordance with Part VII of the 69041, 69042, 69043, 69044, 69049 and N 69015, S/N 69017, S/N 69018, S/N 69020, Accomplishment Instructions of ASB 169– 69051. S/N 69021, S/N 69022, S/N 69023, S/N 023, Revision B, except as required by (2) All helicopters equipped with 69024, S/N 69027, S/N 69032, S/N 69041, paragraph (k) of this AD. retractable landing gear (LG) system part and S/N 69051: Modify the helicopter (which (3) If, during any inspection required by number (P/N) 6F3200F00311 or P/N includes modifying the landing gear actuator paragraph (i) of this AD, no corrosion is 6F3200F00411. control box), as specified in Part IV of ASB detected, before further flight, apply 169–023, Revision B. (d) Subject corrosion inhibitor on the plungers of the (5) For helicopters having S/N 69007, S/N NLG and MLG up down lock actuators, in Joint Aircraft Service Component (JASC) 69009, S/N 69011, S/N 69013, S/N 69014, S/ accordance with Part VII of the N 69015, S/N 69017, S/N 69018, S/N 69020, Code: 3233, Landing Gear Actuator. Accomplishment Instructions of ASB 169– S/N 69021, S/N 69022, S/N 69023, S/N 023, Revision B, except as required by (e) Unsafe Condition 69024, S/N 69025, S/N 69027, S/N 69028, S/ paragraph (k) of this AD. This AD was prompted by reports of failed N 69031, S/N 69032, S/N 69041, S/N 69042, nose landing gear (NLG) retraction actuators S/N 69043, S/N 69044, and S/N 69051: (k) Service Information Exceptions during the acceptance test procedures on the Modify the helicopter (which includes (1) Where ASB 169–023, Revision B, ground on the final assembly line. The FAA improving the landing gear proximity switch specifies to discard certain parts, this AD is issuing this AD to address failed NLG and and doing checks and measurements), as requires removing those parts from service. main landing gear (MLG) retraction actuators. specified in Part V of ASB 169–023, Revision (2) Where ASB 169–023, Revision B, The unsafe condition, if not addressed, could B. specifies to contact the manufacturer, before result in a partially locked or unlocked NLG further flight, repair using a method or MLG upon landing, possibly resulting in (h) Installation Checks approved by the Manager, International damage to the helicopter and injury to the For helicopters having S/N 69009, S/N Validation Branch, FAA. For a repair method occupants. 69013, S/N 69014, S/N 69020, S/N 69021, S/ N 69023, S/N 69024, S/N 69025, S/N 69027, to be approved by the Manager, International (f) Compliance S/N 69028, S/N 69031, S/N 69042, S/N Validation Branch, as required by this Comply with this AD within the 69043, S/N 69044, and S/N 69049 that are paragraph, the Manager’s approval letter compliance times specified, unless already equipped with both retractable LG system P/ must specifically refer to this AD. done. N 6F3200F00311 and P/N 6F3200F00411: (3) Where ASB 169–023, Revision B, Within 200 hours TIS after the effective date specifies to return certain parts, this AD does (g) Modifications of this AD, accomplish installation checks not include that requirement. Within 200 hours time-in-service (TIS) (which include measurements), in (l) No Reporting Requirement after the effective date of this AD, do the accordance with Part VI of the applicable actions specified in paragraphs Accomplishment Instructions of ASB 169– Although ASB 169–023, Revision B, (g)(1) through (5) of this AD, in accordance 023, Revision B, except as required by specifies to submit certain information to the with the applicable part of the paragraph (k) of this AD. manufacturer, this AD does not include that Accomplishment Instructions of Leonardo requirement. (i) NLG and MLG Up Down Lock Actuator Helicopters Alert Service Bulletin 169–023, (m) Credit for Previous Actions Revision B, dated April 16, 2018 (ASB 169– Inspection 023, Revision B), except as required by For helicopters equipped with retractable (1) This paragraph provides credit for paragraph (k) of this AD. LG system P/N 6F3200F00311 or P/N actions required by paragraphs (g), (h), (i), (1) For helicopters having S/N 69011 and 6F3200F00411: At the time specified in and (j) of this AD, if those actions were S/N 69017 that are not equipped with paragraph (i)(1) or (2) of this AD, whichever performed before the effective date of this AD retractable LG system P/N 6F3200F00411 occurs first, inspect the plungers of the NLG using Leonardo Helicopters Alert Service (enhanced NLG retracting actuator P/N and MLG up down lock actuators, in Bulletin 169–023, dated May 31, 2017, 6F3230V00532 and enhanced MLG retracting accordance with Part VII of the provided that, for helicopters on which Part actuators P/N 6F3230V00832 and P/N Accomplishment Instructions of ASB 169– V of that service information was 6F3230V01032): Modify the helicopter 023, Revision B, except as required by accomplished, the adhesive fixing of the NLG (which includes replacing the actuators and paragraph (k) of this AD. and MLG support buffers is replaced within doing checks and measurements), as (1) Within 30 days after the effective date 3 months after the effective date of this AD. specified in Part I of ASB 169–023, Revision of this AD. The replacement must be done in accordance B. (2) Concurrently with the modifications with steps 1., 2., 8.3, 8.4, 18., and 20. of Part (2) For helicopters having S/N 69007, S/N required by paragraphs (g)(1), (2), and (3) of V of the Accomplishment Instructions of 69015, S/N 69018, and S/N 69022 that are this AD, as applicable. ASB 169–023, Revision B, except as specified not equipped with retractable LG system P/ in paragraph (k) of this AD. N 6F3200F00411 (enhanced NLG retracting (j) Corrective Actions (2) This paragraph provides credit for actuator P/N 6F3230V00532 and enhanced (1) If, during any modification required by actions required by paragraphs (g), (h), (i), MLG retracting actuators P/N 6F3230V00832 paragraph (g)(1), (2), (3), or (5) of this AD, or and (j) of this AD, if those actions were and P/N 6F3230V01032): Modify the during any installation check required by performed before the effective date of this AD helicopter (which includes installing paragraph (h) of this AD, any discrepancy is using Leonardo Helicopters Alert Service enhanced landing gear retracting actuators detected, before further flight, accomplish the Bulletin 169–023, Revision A, dated and doing checks and measurements), as applicable corrective actions, in accordance September 1, 2017.

VerDate Sep<11>2014 16:24 Jun 04, 2021 Jkt 253001 PO 00000 Frm 00011 Fmt 4700 Sfmt 4700 E:\FR\FM\07JNR1.SGM 07JNR1 khammond on DSKJM1Z7X2PROD with RULES 30162 Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Rules and Regulations

(n) Alternative Methods of Compliance Issued on May 19, 2021. Examining the AD Docket (AMOCs) Gaetano A. Sciortino, You may examine the AD docket on (1) The Manager, International Validation Deputy Director for Strategic Initiatives, the internet at https:// Branch, FAA, has the authority to approve Compliance & Airworthiness Division, Aircraft Certification Service. www.regulations.gov by searching for AMOCs for this AD, if requested using the and locating Docket No. FAA–2021– procedures found in 14 CFR 39.19. In [FR Doc. 2021–11806 Filed 6–4–21; 8:45 am] 0196; or in person at Docket Operations accordance with 14 CFR 39.19, send your BILLING CODE 4910–13–P between 9 a.m. and 5 p.m., Monday request to your principal inspector or local through Friday, except Federal holidays. Flight Standards District Office, as The AD docket contains this final rule, appropriate. If sending information directly DEPARTMENT OF TRANSPORTATION to the manager of the certification office, the EASA AD, any comments received, send it to the attention of the person Federal Aviation Administration and other information. The address for identified in paragraph (o)(1) of this AD. Docket Operations is U.S. Department of Information may be emailed to: 9-AVS-AIR- 14 CFR Part 39 Transportation, Docket Operations, M– 30, West Building Ground Floor, Room [email protected]. [Docket No. FAA–2021–0196; Project (2) Before using any approved AMOC, Identifier 2018–SW–021–AD; Amendment W12–140, 1200 New Jersey Avenue SE, notify your appropriate principal inspector, 39–21571; AD 2021–11–09] Washington, DC 20590. or lacking a principal inspector, the manager FOR FURTHER INFORMATION CONTACT: RIN 2120–AA64 of the local flight standards district office/ Kathleen Arrigotti, Aerospace Engineer, certificate holding district office. Airworthiness Directives; Airbus Large Aircraft Section, International (o) Related Information Helicopters Deutschland GmbH Validation Branch, FAA, 2200 South Helicopters 216th St., Des Moines, WA; telephone (1) For more information about this AD, (206) 231–3218; email contact Anthony Kenward, Aerospace AGENCY: Federal Aviation [email protected]. Engineer, AIR–7F1, Fort Worth ACO Branch, Administration (FAA), DOT. SUPPLEMENTARY INFORMATION: FAA, 10101 Hillwood Parkway, Fort Worth, ACTION: Final rule. TX 78101; telephone (817) 222–5152; email Background [email protected]. SUMMARY: The FAA is adopting a new (2) The subject of this AD is addressed in airworthiness directive (AD) for Airbus EASA, which is the Technical Agent European Aviation Safety Agency (now Helicopters Deutschland GmbH Model for the Member States of the European European Union Aviation Safety Agency) MBB–BK 117 A–1, MBB–BK 117 A–3, Community, has issued EASA AD 2018– (EASA) AD 2017–0164, dated September 4, MBB–BK 117 A–4, MBB–BK 117 B–1, 0061, dated March 20, 2018 (EASA AD 2017. You may view the EASA AD on the MBB–BK 117 B–2, and MBB–BK 117 C– 2018–0061), to correct an unsafe internet at https://www.regulations.gov in the 1 helicopters. This AD was prompted by condition for Airbus Helicopters AD Docket. an analysis of the main rotor (M/R) Deutschland GmbH (AHD) (formerly blade loop area. This AD requires Eurocopter Deutschland GmbH, (p) Material Incorporated by Reference repetitive inspections of certain M/R Eurocopter Hubschrauber GmbH, (1) The Director of the Federal Register blade thimble areas and corrective Messerschmitt-Bo¨lkow-Blohm GmbH), approved the incorporation by reference of actions if necessary, as specified in a Airbus Helicopters Inc. (formerly the service information listed in this European Aviation Safety Agency (now American Eurocopter LLC) Model MBB– paragraph under 5 U.S.C. 552(a) and 1 CFR European Union Aviation Safety BK117 A–1, MBB–BK117 A–3, MBB– part 51. Agency) (EASA) AD, which is BK117 A–4, MBB–BK117 B–1, MBB– (2) You must use this service information incorporated by reference (IBR). The BK117 B–2, and MBB–BK117 C–1 as applicable to do the actions required by FAA is issuing this AD to address the helicopters, all serial numbers. this AD, unless the AD specifies otherwise. unsafe condition on these products. The FAA issued a notice of proposed (i) Leonardo Helicopters Alert Service DATES: This AD is effective July 12, rulemaking (NPRM) to amend 14 CFR Bulletin 169–023, Revision B, dated April 16, 2021. part 39 by adding an AD that would 2018. The Director of the Federal Register apply to Airbus Helicopters (ii) [Reserved] approved the incorporation by reference Deutschland GmbH Model MBB–BK 117 (3) For service information identified in of a certain publication listed in this AD A–1, MBB–BK 117 A–3, MBB–BK 117 this AD, contact Leonardo S.p.A. Helicopters, as of July 12, 2021. A–4, MBB–BK 117 B–1, MBB–BK 117 Emanuele Bufano, Head of Airworthiness, ADDRESSES: For EASA material in this B–2, and MBB–BK 117 C–1 helicopters Viale G.Agusta 520, 21017 C.Costa di AD, contact EASA, Konrad-Adenauer- with an ‘‘affected ‘angle 0’ parts’’ or Samarate (Va) Italy; telephone +39–0331– Ufer 3, 50668 Cologne, Germany; ‘‘affected ‘angle 1’ parts’’ installed, as 225074; fax +39–0331–229046; or at https:// www.leonardocompany.com/en/home. telephone +49 221 8999 000; email identified in EASA AD 2018–0061. The (4) You may view this service information [email protected]; internet NPRM published in the Federal at the FAA, Office of the Regional Counsel, www.easa.europa.eu. You may find this Register on March 26, 2021 (86 FR Southwest Region, 10101 Hillwood Pkwy., material on the EASA website at https:// 16121). The NPRM was prompted by Room 6N–321, Fort Worth, TX 76177. For ad.easa.europa.eu. You may view this new test results from an analysis of the information on the availability of this material at the FAA, Office of the M/R blade loop area, which revealed material at the FAA, call (817) 222–5110. Regional Counsel, Southwest Region, that certain M/R blade thimbles require (5) You may view this service information 10101 Hillwood Pkwy., Room 6N–321, reduced inspection intervals. The that is incorporated by reference at the Fort Worth, TX 76177. For information NPRM proposed to require repetitive National Archives and Records on the availability of this material at the inspections of certain M/R blade Administration (NARA). For information on FAA, call (817) 222–5110. It is also thimble areas and corrective actions if the availability of this material at NARA, available on the internet at https:// necessary, as specified in EASA AD email: [email protected], or go to: www.regulations.gov by searching for 2018–0061. The FAA is issuing this AD https://www.archives.gov/federal-register/cfr/ and locating Docket No. FAA–2021– to address composite failure of the M/ ibr-locations.html. 0196. R blades, resulting in loss of control of

VerDate Sep<11>2014 16:24 Jun 04, 2021 Jkt 253001 PO 00000 Frm 00012 Fmt 4700 Sfmt 4700 E:\FR\FM\07JNR1.SGM 07JNR1 khammond on DSKJM1Z7X2PROD with RULES Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Rules and Regulations 30163

the helicopter. See EASA AD 2018–0061 Costs of Compliance Adoption of the Amendment for additional background information. The FAA estimates that this AD Accordingly, under the authority Comments affects 216 helicopters of U.S. Registry. delegated to me by the Administrator, Labor rates are estimated at $85 per the FAA amends 14 CFR part 39 as The FAA gave the public the work-hour. Based on these numbers, the follows: opportunity to participate in developing FAA estimates that operators may incur this final rule. The FAA received no the following costs in order to comply PART 39—AIRWORTHINESS comments on the NPRM or on the with this AD. DIRECTIVES Inspecting an M/R blade thimble area determination of the cost to the public. ■ takes about 1 work-hour for an 1. The authority citation for part 39 Conclusion estimated cost of about $85 per M/R continues to read as follows: blade thimble, per inspection cycle. Authority: 49 U.S.C. 106(g), 40113, 44701. The FAA reviewed the relevant data Repairing or replacing an M/R blade § 39.13 [Amended] and determined that air safety and the takes up to about 20 work-hours and public interest require adopting this parts cost up to about $23,100 for an ■ 2. The FAA amends § 39.13 by adding final rule as proposed. estimated cost of up to $24,800 per the following new airworthiness Related Service Information Under 1 blade. directive: CFR Part 51 Authority for This Rulemaking 2021–11–09 Airbus Helicopters Deutschland GmbH: Amendment 39– EASA AD 2018–0061 specifies Title 49 of the United States Code 21571; Docket No. FAA–2021–0196; compliance intervals to repetitively specifies the FAA’s authority to issue Project Identifier 2018–SW–021–AD. inspect certain M/R blades, with a blade rules on aviation safety. Subtitle I, (a) Effective Date sweep angle of 1 degree, for cracks and section 106, describes the authority of the FAA Administrator. Subtitle VII: This airworthiness directive (AD) is resin chippings in the area of the greater effective July 12, 2021. thimble radius and corrective actions, if Aviation Programs, describes in more there is a crack or anomaly. EASA AD detail the scope of the Agency’s (b) Affected ADs None 2018–0061 also specifies compliance authority. (c) Applicability intervals to repetitively inspect certain The FAA is issuing this rulemaking under the authority described in This AD applies to Airbus Helicopters M/R blades, with a blade sweep angle of Deutschland GmbH Model MBB–BK 117 A– 0 degrees, for cracks and bulging in the Subtitle VII, Part A, Subpart III, Section 1, MBB–BK 117 A–3, MBB–BK 117 A–4, teflon foil in the area of the greater 44701: General requirements. Under MBB–BK 117 B–1, MBB–BK 117 B–2, and thimble radius and corrective actions, if that section, Congress charges the FAA MBB–BK 117 C–1 helicopters, certificated in there is a crack or bulge. Corrective with promoting safe flight of civil any category, with an ‘‘affected ‘angle 0’ parts’’ or ‘‘affected ‘angle 1’ parts’’ installed, actions include dispatching the M/R aircraft in air commerce by prescribing regulations for practices, methods, and as identified in European Aviation Safety blades to an authorized repair station, as Agency (now European Union Aviation required. procedures the Administrator finds necessary for safety in air commerce. Safety Agency) (EASA) AD 2018–0061, dated March 20, 2018 (EASA AD 2018–0061). This service information is reasonably This regulation is within the scope of available because the interested parties that authority because it addresses an (d) Subject have access to it through their normal unsafe condition that is likely to exist or Joint Aircraft System Component (JASC) course of business or by the means develop on products identified in this Code: 6200, Main Rotor System. identified in the ADDRESSES section. rulemaking action. (e) Reason Differences Between This AD and the Regulatory Findings This AD was prompted by new test results EASA AD This AD will not have federalism from a composite analysis of the main rotor (M/R) blade loop area, which revealed that EASA AD 2018–0061 applies to implications under Executive Order certain M/R blade thimbles require reduced Model MBB–BK117 A–1, MBB–BK117 13132. This AD will not have a inspection intervals. The FAA is issuing this A–3, MBB–BK117 A–4, MBB–BK117 B– substantial direct effect on the States, on AD to address composite failure of an M/R 1, MBB–BK117 B–2 and MBB–BK117 the relationship between the national blade, which if not addressed could result in C–1 helicopters, whereas this AD government and the States, or on the subsequent loss of control of the helicopter. applies to Model MBB–BK 117 A–1, distribution of power and (f) Compliance responsibilities among the various MBB–BK 117 A–3, MBB–BK 117 A–4, Comply with this AD within the MBB–BK 117 B–1, MBB–BK 117 B–2, levels of government. compliance times specified, unless already and MBB–BK 117 C–1 helicopters with For the reasons discussed above, I done. certify this AD: certain M/R blades installed instead. (1) Is not a ‘‘significant regulatory (g) Requirements The service information required by action’’ under Executive Order 12866, Except as specified in paragraph (h) of this EASA AD 2018–0061 requires (2) Will not affect intrastate aviation AD: Comply with all required actions and accomplishment of certain corrective in Alaska, and compliance times specified in, and in action by ‘‘ECD’’ or an authorized (3) Will not have a significant accordance with, EASA AD 2018–0061. service or repair station, whereas this economic impact, positive or negative, (h) Exceptions to EASA AD 2018–0061 AD requires performing the corrective on a substantial number of small entities action in accordance with FAA- (1) Where EASA AD 2018–0061 refers to its under the criteria of the Regulatory effective date, this AD requires using the approved procedures instead. EASA AD Flexibility Act. 2018–0061 requires revising the Aircraft effective date of this AD. List of Subjects in 14 CFR Part 39 (2) Where EASA AD 2018–0061 refers to Maintenance Program (AMP), whereas flight hours, this AD requires using hours this AD does not. EASA AD 2018–0061 Air transportation, Aircraft, Aviation time-in-service (TIS). allows a tolerance to compliance times, safety, Incorporation by reference, (3) Where Table 1, Table 2, and Note 2 of whereas this AD does not. Safety. EASA AD 2018–0061 specify inspection

VerDate Sep<11>2014 16:24 Jun 04, 2021 Jkt 253001 PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 E:\FR\FM\07JNR1.SGM 07JNR1 khammond on DSKJM1Z7X2PROD with RULES 30164 Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Rules and Regulations

thresholds, intervals, and a non-cumulative Engineer, Large Aircraft Section, Register approves this incorporation by compliance time tolerance of 10% for certain International Validation Branch, FAA, 2200 reference action under 1 CFR part 51, required compliance times, this AD requires South 216th St., Des Moines, WA; telephone subject to the annual revision of FAA accomplishing those requirements, as (206) 231–3218; email kathleen.arrigotti@ Order 7400.11 and publication of follows: faa.gov. (i) For helicopters with an ‘‘affected ‘angle conforming amendments. (k) Material Incorporated by Reference 0’ parts,’’ the compliance time is before ADDRESSES: FAA Order 7400.11E, accumulating 660 total hours TIS on the (1) The Director of the Federal Register Airspace Designations and Reporting affected part or within 100 hours TIS after approved the incorporation by reference Points, and subsequent amendments can the effective date of this AD, whichever (IBR) of the service information listed in this be viewed online at https:// paragraph under 5 U.S.C. 552(a) and 1 CFR occurs later, and without accumulating 1,600 www.faa.gov//air_traffic/publications/. total hours TIS on the affected part. part 51. (2) You must use this service information For further information, you can contact Thereafter, the compliance time is at the Airspace Policy Group, Federal intervals not to exceed 330 hours TIS. as applicable to do the actions required by (ii) For helicopters with an ‘‘affected ‘angle this AD, unless the AD specifies otherwise. Aviation Administration, 800 1’ parts,’’ the compliance time is before (i) European Aviation Safety Agency Independence Avenue SW, Washington, accumulating 110 total hours TIS on the (EASA) AD 2018–0061, dated March 20, DC 20591; telephone: (202) 267–8783. 2018. affected part or within 50 hours TIS after the The Order is also available for (ii) [Reserved] effective date of this AD, whichever occurs (3) For EASA AD 2018–0061, contact inspection at the National Archives and later, and without accumulating 950 total EASA, Konrad-Adenauer-Ufer 3, 50668 Records Administration (NARA). For hours TIS on the affected part. Thereafter, the Cologne, Germany; telephone +49 221 8999 information on the availability of FAA compliance time is at intervals not to exceed 000; email [email protected]; internet Order 7400.11E at NARA, email 110 hours TIS. www.easa.europa.eu. You may find this [email protected] or go to https:// (iii) For helicopters specified in paragraph material on the EASA website at https:// (c) of this AD, Note 1 of EASA AD 2018–0061 www.archives.gov/federal-register/cfr/ ad.easa.europa.eu. ibr-locations.html. specifies accumulated FH as, ‘‘Unless (4) You may view this service information otherwise specified, the FH specified in at the FAA, Office of the Regional Counsel, FOR FURTHER INFORMATION CONTACT: Table 2 of this AD are those accumulated Southwest Region, 10101 Hillwood Pkwy., Matthew Van Der Wal, Federal Aviation since the previous M/R blade thimble Room 6N–321, Fort Worth, TX 76177. For Administration, Western Service Center, inspection.’’ This AD requires intervals information on the availability of this Operations Support Group, 2200 S thereafter to be accumulated since material at the FAA, call (817) 222–5110. 216th Street, Des Moines, WA 98198; accomplishment of paragraph (g) of this AD. (5) You may view this service information telephone (206) 231–3695. (4) While paragraph (5) and Note 3 of that is incorporated by reference at the EASA AD 2018–0061 specify revising the National Archives and Records SUPPLEMENTARY INFORMATION: Aircraft Maintenance Program (AMP), this Administration (NARA). For information on Authority for This Rulemaking AD does not require this action. the availability of this material at NARA, (5) Where the service information email: [email protected], or go to: The FAA’s authority to issue rules referenced in EASA AD 2018–0061 specifies https://www.archives.gov/federal-register/cfr/ regarding aviation safety is found in accomplishment of certain corrective action ibr-locations.html. Title 49 of the United States Code. by ‘‘ECD’’ or an authorized service or repair Issued on May 15, 2021. Subtitle I, Section 106 describes the station, this AD requires the corrective authority of the FAA Administrator. actions to be performed by a qualified Gaetano A. Sciortino, mechanic. Deputy Director for Strategic Initiatives, Subtitle VII, Aviation Programs, (6) Where the service information Compliance & Airworthiness Division, describes in more detail the scope of the referenced in EASA AD 2018–0061 specifies Aircraft Certification Service. agency’s authority. This rulemaking is contacting ‘‘ECD’’ or an authorized service or [FR Doc. 2021–11810 Filed 6–4–21; 8:45 am] promulgated under the authority repair station, this AD requires performing BILLING CODE 4910–13–P described in Subtitle VII, Part A, the corrective action in accordance with Subpart I, Section 40103. Under that FAA-approved procedures. section, the FAA is charged with (7) The ‘‘Remarks’’ section of EASA AD DEPARTMENT OF TRANSPORTATION prescribing regulations to assign the use 2018–0061 does not apply to this AD. of airspace necessary to ensure the (i) Alternative Methods of Compliance Federal Aviation Administration safety of aircraft and the efficient use of (AMOCs): airspace. This regulation is within the (1) The Manager, International Validation 14 CFR Part 71 scope of that authority as it establishes Branch, FAA, has the authority to approve [Docket No. FAA–2021–0047; Airspace Class E airspace at Shafter-Minter Field AMOCs for this AD, if requested using the Docket No. 20–AWP–31] Airport, Shafter, CA, to ensure the safety procedures found in 14 CFR 39.19. In and management of IFR operations at accordance with 14 CFR 39.19, send your RIN 2120–AA66 the airport. request to your principal inspector or local Flight Standards District Office, as Establishment of Class E Airspace; History appropriate. If sending information directly Shafter, CA to the manager of the International Validation The FAA published a notice of Branch, send it to the attention of the person AGENCY: Federal Aviation proposed rulemaking in the Federal identified in paragraph (j) of this AD. Administration (FAA), DOT. Register (86 FR 13247; March 8, 2021) Information may be emailed to: 9-AVS-AIR- ACTION: Final rule. for Docket No. FAA–2021–0047 to [email protected]. establish Class E airspace at Shafter- (2) Before using any approved AMOC, SUMMARY: This action establishes Class Minter Field Airport, Shafter, CA. notify your appropriate principal inspector, E airspace extending upward from 700 Interested parties were invited to or lacking a principal inspector, the manager feet above the surface at Shafter-Minter participate in this rulemaking effort by of the local flight standards district office/ Field Airport, Shafter, CA. The airspace submitting written comments on the certificate holding district office. is designed to support instrument flight proposal to the FAA. No comments (j) Related Information rules (IFR) operations at the airport. were received. For more information about this AD, DATES: Effective 0901 UTC, August 12, Class E5 airspace designations are contact Kathleen Arrigotti, Aerospace 2021. The Director of the Federal published in paragraph 6005 of FAA

VerDate Sep<11>2014 16:24 Jun 04, 2021 Jkt 253001 PO 00000 Frm 00014 Fmt 4700 Sfmt 4700 E:\FR\FM\07JNR1.SGM 07JNR1 khammond on DSKJM1Z7X2PROD with RULES Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Rules and Regulations 30165

Order 7400.11E, dated July 21, 2020, paragraph 5–6.5a. This airspace action DEPARTMENT OF TRANSPORTATION and effective September 15, 2020, which is not expected to cause any potentially is incorporated by reference in 14 CFR significant environmental impacts, and Federal Aviation Administration 71.1. The Class E airspace designation no extraordinary circumstances exist listed in this document will be that warrant the preparation of an 14 CFR Part 71 published subsequently in the Order. environmental assessment. Availability and Summary of [Docket No. FAA–2021–0044; Airspace List of Subjects in 14 CFR Part 71 Docket No. 19–AWP–25] Documents for Incorporation by Reference Airspace, Incorporation by reference, RIN 2120–AA66 This document amends FAA Order Navigation (air). 7400.11E, Airspace Designations and Adoption of the Amendment Modification of Class D and Class E Reporting Points, dated July 21, 2020, Airspace; Bakersfield, CA and effective September 15, 2020. FAA In consideration of the foregoing, the Order 7400.11E is publicly available as Federal Aviation Administration AGENCY: Federal Aviation listed in the ADDRESSES section of this amends 14 CFR part 71 as follows: Administration (FAA), DOT. document. FAA Order 7400.11E lists ACTION: Final rule. Class A, B, C, D, and E airspace areas, PART 71—DESIGNATION OF CLASS A, air traffic service routes, and reporting B, C, D, AND E AIRSPACE AREAS; AIR SUMMARY: This action modifies the Class points. TRAFFIC SERVICE ROUTES; AND D airspace at Meadows Field Airport, The Rule REPORTING POINTS Bakersfield, CA. This action also modifies the Class E airspace designated This amendment to 14 CFR part 71 ■ 1. The authority citation for 14 CFR as a surface area and the Class E establishes Class E airspace, extending part 71 continues to read as follows: airspace extending upward from 700 upward from 700 feet above the surface, feet above the surface. Further, this Authority: 49 U.S.C. 106(f), 106(g), 40103, at Shafter-Minter Field Airport, Shafter, action removes the Class E airspace 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, CA. This airspace is designed to contain extending upward from 1,200 feet above 1959–1963 Comp., p. 389. IFR departures until reaching 1,200 feet the surface. Additionally, this action above the surface, and IFR arrivals § 71.1 [Amended] updates the term ‘‘Airport/Facility descending below 1,500 feet above the Directory’’ to ‘‘Chart Supplement’’ in surface. ■ 2. The incorporation by reference in the last sentence of the Class D and FAA Order 7400.11, Airspace 14 CFR 71.1 of FAA Order 7400.11E, Class E2 airspace descriptions. Finally, Designations and Reporting Points, is Airspace Designations and Reporting this action implements several published yearly and effective on Points, dated July 21, 2020, and administrative corrections to the Class September 15. effective September 15, 2020, is D, Class E2, and Class E5 text headers. Regulatory Notices and Analyses amended as follows: DATES: Effective 0901 UTC, August 12, The FAA has determined that this Paragraph 6005 Class E Airspace Areas 2021. The Director of the Federal regulation only involves an established Extending Upward From 700 Feet or More Register approves this incorporation by body of technical regulations for which Above the Surface of the Earth. reference action under 1 CFR part 51, frequent and routine amendments are * * * * * subject to the annual revision of FAA necessary to keep them operationally Order 7400.11 and publication of current, is non-controversial, and AWP CA E5 Shafter, CA [New] conforming amendments. unlikely to result in adverse or negative Shafter-Minter Field Airport, CA ADDRESSES: FAA Order 7400.11E, comments. It, therefore: (1) Is not a (Lat. 35°30′27″N, long. 119°11′32″W) Airspace Designations and Reporting ‘‘significant regulatory action’’ under That airspace extending upward from 700 Points, and subsequent amendments can Executive Order 12866; (2) is not a feet above the surface within a 4-mile radius be viewed online at https:// ‘‘significant rule’’ under DOT of the airport, and within 3.4 miles each side www.faa.gov//air_traffic/publications/. Regulatory Policies and Procedures (44 of the 091° bearing from the airport, For further information, you can contact FR 11034; February 26, 1979); and (3) extending from the 4-mile radius to 14.2 the Airspace Policy Group, Federal does not warrant preparation of a miles east of the airport, and within 2.9 miles Aviation Administration, 800 regulatory evaluation as the anticipated each side of the 290° bearing from the airport, Independence Avenue SW, Washington, impact is so minimal. Since this is a extending from the 4-mile radius to 6.5 miles DC 20591; telephone: (202) 267–8783. routine matter that will only affect air west of the airport. The Order is also available for traffic procedures and air navigation, it Issued in Des Moines, Washington, on May inspection at the National Archives and is certified that this rule, when 28, 2021. Records Administration (NARA). For promulgated, would not have a B.G. Chew, information on the availability of FAA significant economic impact on a Order 7400.11E at NARA, email substantial number of small entities Acting Group Manager, Operations Support [email protected] or go to https:// Group, Western Service Center. under the criteria of the Regulatory www.archives.gov/federal-register/cfr/ Flexibility Act. [FR Doc. 2021–11762 Filed 6–4–21; 8:45 am] ibr-locations.html. BILLING CODE 4910–13–P Environmental Review FOR FURTHER INFORMATION CONTACT: The FAA has determined that this Matthew Van Der Wal, Federal Aviation action qualifies for categorical exclusion Administration, Western Service Center, under the National Environmental Operations Support Group, 2200 S Policy Act in accordance with FAA 216th Street, Des Moines, WA 98198; Order 1050.1F, ‘‘Environmental telephone (206) 231–3695. Impacts: Policies and Procedures,’’ SUPPLEMENTARY INFORMATION:

VerDate Sep<11>2014 16:24 Jun 04, 2021 Jkt 253001 PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 E:\FR\FM\07JNR1.SGM 07JNR1 khammond on DSKJM1Z7X2PROD with RULES 30166 Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Rules and Regulations

Authority for This Rulemaking surface. To properly contain IFR traffic procedures and air navigation, it The FAA’s authority to issue rules arrivals, the circular radius should be is certified that this rule, when regarding aviation safety is found in reduced from 5 miles to 4.5 miles. To promulgated, would not have a Title 49 of the United States Code. properly contain IFR departures flying significant economic impact on a Subtitle I, Section 106 describes the toward or over rising terrain, three areas substantial number of small entities authority of the FAA Administrator. should be added to the circular radius, under the criteria of the Regulatory Subtitle VII, Aviation Programs, one area southeast and two areas Flexibility Act. northwest of the airport. describes in more detail the scope of the Environmental Review agency’s authority. This rulemaking is This action also modifies the lateral promulgated under the authority boundaries of the Class E airspace, The FAA has determined that this described in Subtitle VII, Part A, designated as a surface area, to be action qualifies for categorical exclusion Subpart I, Section 40103. Under that coincident with the Class D airspace under the National Environmental section, the FAA is charged with area. Policy Act in accordance with FAA The action modifies the Class E prescribing regulations to assign the use Order 1050.1F, ‘‘Environmental airspace extending upward from 700 of airspace necessary to ensure the Impacts: Policies and Procedures,’’ feet above the surface. The airspace is safety of aircraft and the efficient use of paragraph 5–6.5a. This airspace action not sized properly to contain IFR airspace. This regulation is within the is not expected to cause any potentially scope of that authority as it modifies the arrivals descending below 1,500 feet significant environmental impacts, and Class D and Class E airspace at above the surface, or IFR departures to no extraordinary circumstances exist Meadows Field Airport, Bakersfield, 1,200 feet above the surface. This that warrant the preparation of an CA, to ensure the safety and airspace area is reduced southeast of the environmental assessment. airport and increased northwest of the management of instrument flight rules List of Subjects in 14 CFR Part 71 (IFR) operations at the airport. airport. Further, this action removes the Class Airspace, Incorporation by reference, History E airspace extending upward from 1,200 Navigation (air). feet above the surface. This airspace The FAA published a notice of Adoption of the Amendment proposed rulemaking in the Federal area is wholly contained within the Los Register (86 FR 13242; March 8, 2021) Angeles en route airspace area, and In consideration of the foregoing, the for Docket No. FAA–2021–0044 to duplication is not necessary. Federal Aviation Administration modify the Class D and Class E airspace Additionally, this action updates the amends 14 CFR part 71 as follows: at Meadows Field Airport, Bakersfield, last sentence in the Class D and Class E2 CA. Interested parties were invited to airspace descriptions by replacing the PART 71—DESIGNATION OF CLASS A, participate in this rulemaking effort by term ‘‘Airport/Facility Directory’’ with B, C, D, AND E AIRSPACE AREAS; AIR submitting written comments on the ‘‘Chart Supplement.’’ TRAFFIC SERVICE ROUTES; AND proposal to the FAA. No comments Lastly, the action implements several REPORTING POINTS administrative updates. The second line were received. ■ Class D, E2, and E5 airspace of the Class D, Class E2, and Class E5 1. The authority citation for 14 CFR designations are published in text headers includes the city name part 71 continues to read as follows: paragraphs 5000, 6002, and 6005, ‘‘Bakersfield’’. The city name should be Authority: 49 U.S.C. 106(f), 106(g), 40103, respectively, of FAA Order 7400.11E, removed from this line of text. The 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, dated July 21, 2020, and effective airport’s geographic coordinates listed 1959–1963 Comp., p. 389. in the third line of the Class D, Class E2, September 15, 2020, which is § 71.1 [Amended] incorporated by reference in 14 CFR and Class E5 text header do not match 71.1. The Class D and E airspace the FAA’s database. The coordinates ■ 2. The incorporation by reference in designation listed in this document will should be updated to lat. 35°26′02″ N, 14 CFR 71.1 of FAA Order 7400.11E, be published subsequently in the Order. long. 119°03′28″ W. Airspace Designations and Reporting FAA Order 7400.11, Airspace Points, dated July 21, 2020, and Availability and Summary of Designations and Reporting Points, is effective September 15, 2020, is Documents for Incorporation by published yearly and effective on amended as follows: Reference September 15. Paragraph 5000 Class D Airspace. This document amends FAA Order Regulatory Notices and Analyses 7400.11E, Airspace Designations and * * * * * Reporting Points, dated July 21, 2020, The FAA has determined that this AWP CA D Bakersfield, CA [Amended] and effective September 15, 2020. FAA regulation only involves an established Meadows Field Airport, CA Order 7400.11E is publicly available as body of technical regulations for which (Lat. 35°26′02″ N, long. 119°03′28″ W) listed in the ADDRESSES section of this frequent and routine amendments are That airspace extending upward from the document. FAA Order 7400.11E lists necessary to keep them operationally surface to and including 3,000 feet MSL Class A, B, C, D, and E airspace areas, current, is non-controversial, and within a 4.5-mile radius of the airport, and air traffic service routes, and reporting unlikely to result in adverse or negative within 1.8 miles each side of the 134° bearing points. comments. It, therefore: (1) Is not a from the airport, extending from the 4.5-mile ‘‘significant regulatory action’’ under radius to 5.5 miles southeast of the airport, The Rule Executive Order 12866; (2) is not a and within 1.8 miles each side of the 316° This amendment to 14 CFR part 71 ‘‘significant rule’’ under DOT bearing from the airport, extending from the modifies the Class D airspace at Regulatory Policies and Procedures (44 4.5-mile radius to 5.3 miles northwest of the airport, and within 1.9 miles each side of the Meadows Field Airport, Bakersfield, FR 11034; February 26, 1979); and (3) 331° bearing from the airport, extending from CA. The Class D is not sized properly does not warrant preparation of a the 4.5-mile radius to 6.8 miles northwest of to contain IFR arrivals descending regulatory evaluation as the anticipated Meadows Field Airport. This Class D below 1,000 feet above the surface, or impact is so minimal. Since this is a airspace area is effective during the specific IFR departures to 700 feet above the routine matter that will only affect air dates and times established in advance by a

VerDate Sep<11>2014 16:24 Jun 04, 2021 Jkt 253001 PO 00000 Frm 00016 Fmt 4700 Sfmt 4700 E:\FR\FM\07JNR1.SGM 07JNR1 khammond on DSKJM1Z7X2PROD with RULES Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Rules and Regulations 30167

Notice to Airmen. The effective date and time airspace is designed to support submitting written comments on the will thereafter be continuously published in instrument flight rules (IFR) operations proposal to the FAA. One comment, the Chart Supplement. at the airport. which is not germane to the proposed Paragraph 6002 Class E Airspace DATES: Effective 0901 UTC, August 12, airspace modification was received. Designated as a Surface Area. 2021. The Director of the Federal Class E5 airspace designations are * * * * * Register approve this incorporation by published in paragraph 6005 of FAA Order 7400.11E, dated July 21, 2020, AWP CA E2 Bakersfield, CA [Amended] reference action under 1 CFR part 51, subject to the annual revision of FAA and effective September 15, 2020, which Meadows Field Airport, CA Order 7400.11 and publication of is incorporated by reference in 14 CFR (Lat. 35°26′02″ N, long. 119°03′28″ W) conforming amendments. 71.1. The Class E airspace designation That airspace extending upward from the ADDRESSES: FAA Order 7400.11E, listed in this document will be surface within a 4.5-mile radius of the published subsequently in the Order. airport, and within 1.8 miles each side of the Airspace Designations and Reporting 134° bearing from the airport, extending from Points, and subsequent amendments can Availability and Summary of the 4.5-mile radius to 5.5 miles southeast of be viewed online at https:// Documents for Incorporation by the airport, and within 1.8 miles each side of www.faa.gov//air_traffic/publications/. Reference the 316° bearing from the airport, extending For further information, you can contact This document amends FAA Order from the 4.5-mile radius to 5.3 miles the Airspace Policy Group, Federal 7400.11E, Airspace Designations and northwest of the airport, and within 1.9 miles Aviation Administration, 800 each side of the 331° bearing from the airport, Reporting Points, dated July 21, 2020, Independence Avenue SW, Washington, extending from the 4.5-mile radius to 6.8 and effective September 15, 2020. FAA DC 20591; telephone: (202) 267–8783. miles northwest of Meadows Field Airport. Order 7400.11E is publicly available as The Order is also available for This Class E airspace area is effective during listed in the ADDRESSES section of this the specific dates and times established in inspection at the National Archives and document. FAA Order 7400.11E lists advance by a Notice to Airmen. The effective Records Administration (NARA). For Class A, B, C, D, and E airspace areas, date and time will thereafter be continuously information on the availability of FAA air traffic service routes, and reporting published in the Chart Supplement. Order 7400.11E at NARA, email points. Paragraph 6005 Class E Airspace Areas [email protected] or go to https:// Extending Upward From 700 Feet or more www.archives.gov/federal-register/cfr/ The Rule above the Surface of the Earth. ibr-locations.html. This amendment to 14 CFR part 71 * * * * * FOR FURTHER INFORMATION CONTACT: modifies the Class E airspace, extending AWP CA E5 Bakersfield, CA [Amended] Matthew Van Der Wal, Federal Aviation upward from 700 feet above the surface, Administration, Western Service Center, Meadows Field Airport, CA at Delano Municipal Airport, Delano, (Lat. 35°26′02 ″ N, long. 119°03′28″ W) Operations Support Group, 2200 S CA. The modification properly sizes the 216th Street, Des Moines, WA 98198; That airspace extending upward from 700 airspace to contain IFR departures until feet above the surface within an 8-mile radius telephone (206) 231–3695. reaching 1,200 feet above the surface, of the airport, and within 3.8 miles east and SUPPLEMENTARY INFORMATION: and IFR arrivals descending below 1,500 ° feet above the surface. The airspace’s 8.8 miles west of the 337 bearing from the Authority for This Rulemaking airport, beginning 3.5 miles northwest of the circular radius is reduced from 6.5 miles airport and extending to 19.6 miles northwest The FAA’s authority to issue rules to 4 miles and an area is added to the of Meadows Field Airport. regarding aviation safety is found in southeast and another to the north of the Issued in Des Moines, Washington, on May Title 49 of the United States Code. airport. 28, 2021. Subtitle I, Section 106 describes the This action also updates the airport’s B.G. Chew, authority of the FAA Administrator. geographical coordinates to lat. Acting Group Manager, Operations Support Subtitle VII, Aviation Programs, 35°44′44″ N, long. 119°14′11″ W. Group, Western Service Center. describes in more detail the scope of the FAA Order 7400.11, Airspace [FR Doc. 2021–11767 Filed 6–4–21; 8:45 am] agency’s authority. This rulemaking is Designations and Reporting Points, is BILLING CODE 4910–13–P promulgated under the authority published yearly and effective on described in Subtitle VII, Part A, September 15. Subpart I, Section 40103. Under that Regulatory Notices and Analyses DEPARTMENT OF TRANSPORTATION section, the FAA is charged with prescribing regulations to assign the use The FAA has determined that this Federal Aviation Administration of airspace necessary to ensure the regulation only involves an established safety of aircraft and the efficient use of body of technical regulations for which 14 CFR Part 71 airspace. This regulation is within the frequent and routine amendments are scope of that authority as it modifies the necessary to keep them operationally [Docket No. FAA–2021–0046; Airspace current, is non-controversial, and Docket No. 20–AWP–29] Class E airspace at Delano Municipal Airport, Delano, CA, to ensure the safety unlikely to result in adverse or negative RIN 2120–AA66 and management of IFR operations at comments. It, therefore: (1) Is not a the airport. ‘‘significant regulatory action’’ under Amendment of Class E Airspace; Executive Order 12866; (2) is not a Delano, CA History ‘‘significant rule’’ under DOT AGENCY: Federal Aviation The FAA published a notice of Regulatory Policies and Procedures (44 Administration (FAA), DOT. proposed rulemaking in the Federal FR 11034; February 26, 1979); and (3) ACTION: Final rule. Register (86 FR 13249; March 8, 2021) does not warrant preparation of a for Docket No. FAA–2021–0046 to regulatory evaluation as the anticipated SUMMARY: This action modifies the Class modify the Class E airspace at Delano impact is so minimal. Since this is a E airspace extending upward from 700 Municipal Airport, Delano, CA. routine matter that will only affect air feet above the surface at Delano Interested parties were invited to traffic procedures and air navigation, it Municipal Airport, Delano, CA. The participate in this rulemaking effort by is certified that this rule, when

VerDate Sep<11>2014 16:24 Jun 04, 2021 Jkt 253001 PO 00000 Frm 00017 Fmt 4700 Sfmt 4700 E:\FR\FM\07JNR1.SGM 07JNR1 khammond on DSKJM1Z7X2PROD with RULES 30168 Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Rules and Regulations

promulgated, would not have a Issued in Des Moines, Washington, on May Title 49 of the United States Code. significant economic impact on a 28, 2021. Subtitle I, Section 106 describes the substantial number of small entities B.G. Chew, authority of the FAA Administrator. under the criteria of the Regulatory Acting Group Manager, Operations Support Subtitle VII, Aviation Programs, Flexibility Act. Group, Western Service Center. describes in more detail the scope of the [FR Doc. 2021–11761 Filed 6–4–21; 8:45 am] agency’s authority. This rulemaking is Environmental Review BILLING CODE 4910–13–P promulgated under the authority described in Subtitle VII, Part A, The FAA has determined that this Subpart I, Section 40103. Under that action qualifies for categorical exclusion DEPARTMENT OF TRANSPORTATION section, the FAA is charged with under the National Environmental prescribing regulations to assign the use Policy Act in accordance with FAA Federal Aviation Administration of airspace necessary to ensure the Order 1050.1F, ‘‘Environmental safety of aircraft and the efficient use of Impacts: Policies and Procedures,’’ 14 CFR Part 71 airspace. This regulation is within the paragraph 5–6.5a. This airspace action [Docket No. FAA–2021–0045; Airspace scope of that authority as it establishes is not expected to cause any potentially Docket No. 20–AWP–30] Class E airspace at Bakersfield significant environmental impacts, and Municipal Airport, Bakersfield, CA, to RIN 2120–AA66 no extraordinary circumstances exist ensure the safety and management of that warrant the preparation of an Establishment of Class E Airspace; IFR operations at the airport. environmental assessment. Bakersfield, CA History List of Subjects in 14 CFR Part 71 AGENCY: Federal Aviation The FAA published a notice of Airspace, Incorporation by reference, Administration (FAA), DOT. proposed rulemaking in the Federal Register (86 FR 13246; March 8, 2021) Navigation (air). ACTION: Final rule. for Docket No. FAA–2021–0045 to Adoption of the Amendment SUMMARY: This action establishes Class establish Class E airspace at Bakersfield E airspace extending upward from 700 Municipal Airport, Bakersfield, CA. In consideration of the foregoing, the feet above the surface at Bakersfield Interested parties were invited to Federal Aviation Administration Municipal Airport, Bakersfield, CA. The participate in this rulemaking effort by amends 14 CFR part 71 as follows: airspace is designed to support submitting written comments on the instrument flight rules (IFR) operations proposal to the FAA. No comments PART 71—DESIGNATION OF CLASS A, at the airport. were received. B, C, D, AND E AIRSPACE AREAS; AIR DATES: Effective 0901 UTC, August 12, Class E5 airspace designations are TRAFFIC SERVICE ROUTES; AND 2021. The Director of the Federal published in paragraph 6005 of FAA REPORTING POINTS Register approves this incorporation by Order 7400.11E, dated July 21, 2020, reference action under 1 CFR part 51, and effective September 15, 2020, which ■ 1. The authority citation for 14 CFR subject to the annual revision of FAA is incorporated by reference in 14 CFR part 71 continues to read as follows: Order 7400.11 and publication of 71.1. The Class E airspace designation listed in this document will be Authority: 49 U.S.C. 106(f), 106(g), 40103, conforming amendments. published subsequently in the Order. 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, ADDRESSES: FAA Order 7400.11E, 1959–1963 Comp., p. 389. Airspace Designations and Reporting Availability and Summary of Points, and subsequent amendments can Documents for Incorporation by § 71.1 [Amended] be viewed online at https:// Reference www.faa.gov//air_traffic/publications/. ■ 2. The incorporation by reference in This document amends FAA Order For further information, you can contact 14 CFR 71.1 of FAA Order 7400.11E, 7400.11E, Airspace Designations and the Airspace Policy Group, Federal Reporting Points, dated July 21, 2020, Airspace Designations and Reporting Aviation Administration, 800 and effective September 15, 2020. FAA Points, dated July 21, 2020, and Independence Avenue SW, Washington, Order 7400.11E is publicly available as effective September 15, 2020, is DC 20591; telephone: (202) 267–8783. listed in the ADDRESSES section of this amended as follows: The Order is also available for document. FAA Order 7400.11E lists inspection at the National Archives and Paragraph 6005 Class E Airspace Areas Class A, B, C, D, and E airspace areas, Records Administration (NARA). For Extending Upward From 700 Feet or More air traffic service routes, and reporting information on the availability of FAA Above the Surface of the Earth. points. * * * * * Order 7400.11E at NARA, email [email protected] or go to https:// The Rule AWP CA E5 Delano, CA [Amended] www.archives.gov/federal-register/cfr/ This amendment to 14 CFR part 71 Delano Municipal Airport, CA ibr-locations.html. establishes Class E airspace, extending (Lat. 35°44′44″ N, long. 119°14′11″ W) FOR FURTHER INFORMATION CONTACT: upward from 700 feet above the surface, That airspace extending upward from 700 Matthew Van Der Wal, Federal Aviation at Bakersfield Municipal Airport, feet above the surface within a 4-mile radius Administration, Western Service Center, Bakersfield, CA. This airspace is of the airport, and within 4 miles east and 8 Operations Support Group, 2200 S designed to contain IFR departures until miles west of the 157° bearing from the 216th Street, Des Moines, WA 98198; reaching 1,200 feet above the surface, airport, beginning 4 miles southeast of the telephone (206) 231–3695. and IFR arrivals descending below 1,500 airport and extending to 22 miles southeast SUPPLEMENTARY INFORMATION: feet above the surface. of the airport, and within 1.8 miles each side FAA Order 7400.11, Airspace of the 342° bearing from the airport, Authority for This Rulemaking Designations and Reporting Points, is extending from the 4-mile radius to 6.5 miles The FAA’s authority to issue rules published yearly and effective on north of the airport. regarding aviation safety is found in September 15.

VerDate Sep<11>2014 16:24 Jun 04, 2021 Jkt 253001 PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 E:\FR\FM\07JNR1.SGM 07JNR1 khammond on DSKJM1Z7X2PROD with RULES Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Rules and Regulations 30169

Regulatory Notices and Analyses Paragraph 6005 Class E Airspace Areas § 1310.12 [Corrected] Extending Upward From 700 Feet or More ■ The FAA has determined that this Above the Surface of the Earth. 1. On page 24708, in the third column, amendatory instruction number 5 is regulation only involves an established * * * * * body of technical regulations for which corrected to read as follows: frequent and routine amendments are AWP CA E5 Bakersfield, CA [New] ‘‘5. In § 1310.12, in paragraph (c), add necessary to keep them operationally Bakersfield Municipal Airport, CA in alphanumerical order entries for ‘‘3,4- current, is non-controversial, and (Lat. 35°19′30″ N, long. 118°59′46″ W) MDP-2-P methyl glycidate (PMK unlikely to result in adverse or negative That airspace extending upward from 700 glycidate),’’ ‘‘3,4-MDP-2-P methyl comments. It, therefore: (1) Is not a feet above the surface within a 3.9-mile glycidic acid (PMK glycidic acid),’’ and ° ‘‘significant regulatory action’’ under radius of the airport beginning at the 007 ‘‘alpha-phenylacetoacetamide (APAA)’’ Executive Order 12866; (2) is not a bearing from the airport, clockwise to the under ‘‘List I Chemicals’’ in the table 122° bearing from the airport, and within a ‘‘significant rule’’ under DOT entitled ‘‘Table of Concentration Limits’’ 6.3-mile radius of the airport beginning at the to read as follows:’’ Regulatory Policies and Procedures (44 122° bearing from the airport, clockwise to FR 11034; February 26, 1979); and (3) the 007° bearing from the airport. D. Christopher Evans, does not warrant preparation of a Issued in Des Moines, Washington, on May Acting Administrator. regulatory evaluation as the anticipated 28, 2021. [FR Doc. 2021–11836 Filed 6–4–21; 8:45 am] impact is so minimal. Since this is a B.G. Chew, BILLING CODE 4410–09–P routine matter that will only affect air traffic procedures and air navigation, it Acting Group Manager, Operations Support Group, Western Service Center. is certified that this rule, when promulgated, would not have a [FR Doc. 2021–11755 Filed 6–4–21; 8:45 am] PEACE CORPS significant economic impact on a BILLING CODE 4910–13–P substantial number of small entities 22 CFR Part 306 under the criteria of the Regulatory Flexibility Act. DEPARTMENT OF JUSTICE CORPORATION FOR NATIONAL AND COMMUNITY SERVICE Environmental Review Drug Enforcement Administration 45 CFR Part 1225 The FAA has determined that this 21 CFR Part 1310 action qualifies for categorical exclusion under the National Environmental [Docket No. DEA–542] RIN 0420–AA27 Policy Act in accordance with FAA Volunteer Discrimination Complaint Order 1050.1F, ‘‘Environmental Designation of 3,4-MDP-2-P Methyl Process Impacts: Policies and Procedures,’’ Glycidate (PMK Glycidate), 3,4-MDP-2- P Methyl Glycidic Acid (PMK Glycidic paragraph 5–6.5a. This airspace action AGENCY: Peace Corps and Corporation Acid), and Alpha- is not expected to cause any potentially for National and Community Service Phenylacetoacetamide (APAA) as List I significant environmental impacts, and (CNCS). Chemicals; Correction no extraordinary circumstances exist ACTION: Final rule. that warrant the preparation of an AGENCY: Drug Enforcement environmental assessment. Administration, Department of Justice. SUMMARY: The Peace Corps and CNCS finalize a proposed joint rule to amend List of Subjects in 14 CFR Part 71 ACTION: Final rule; correction. the regulations that the Peace Corps and Airspace, Incorporation by reference, SUMMARY: On May 10, 2021, the Drug CNCS follow to process complaints of Navigation (air). Enforcement Administration published discrimination by volunteers and a final rule designating three chemicals, applicants for volunteer service. The Adoption of the Amendment known as PMK glycidate, PMK glycidic current regulations were promulgated in In consideration of the foregoing, the acid, and APAA, as list I chemicals January 1981 when the Peace Corps and Federal Aviation Administration under the Controlled Substances Act domestic volunteer programs (such as amends 14 CFR part 71 as follows: (CSA). In an amendatory instruction, VISTA, now subsumed by CNCS) were information specifying the precise one entity under an organization called PART 71—DESIGNATION OF CLASS A, location for entries added to a table was ACTION. At that time, Congress B, C, D, AND E AIRSPACE AREAS; AIR inadvertently omitted, which makes extended the statutory protections of the TRAFFIC SERVICE ROUTES; AND enactment of the amendment Civil Rights Act and other laws to such REPORTING POINTS unworkable. This document corrects volunteers. Congress has since separated that omission. out the two agencies and has expressly ■ 1. The authority citation for 14 CFR DATES: Effective June 9, 2021. removed the Peace Corps. As such, the part 71 continues to read as follows: FOR FURTHER INFORMATION CONTACT: regulations need to be updated. Authority: 49 U.S.C. 106(f), 106(g), 40103, Terrence L. Boos, Drug and Chemical DATES: This final rule is effective June 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, Evaluation Section, Diversion Control 7, 2021. 1959–1963 Comp., p. 389. Division, Drug Enforcement ADDRESSES: You may obtain additional Administration; Mailing Address: 8701 § 71.1 [Amended] information regarding this action, Morrissette Drive, Springfield, Virginia identified by RIN 0420–AA27, by ■ 2. The incorporation by reference in 22152; Telephone: (571) 362–3249. contacting the Office of the General 14 CFR 71.1 of FAA Order 7400.11E, SUPPLEMENTARY INFORMATION: In FR Doc. Counsel, Peace Corps, using any of the Airspace Designations and Reporting 2021–09697 appearing on page 24703 in following methods: Points, dated July 21, 2020, and the Federal Register of Monday, May • Email: [email protected]. effective September 15, 2020, is 10, 2021, the following correction is Include RIN 0420–AA27 in the subject amended as follows: made: line of the message.

VerDate Sep<11>2014 16:24 Jun 04, 2021 Jkt 253001 PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 E:\FR\FM\07JNR1.SGM 07JNR1 khammond on DSKJM1Z7X2PROD with RULES 30170 Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Rules and Regulations

• Mail: The Peace Corps/The Office of 300 entitled Volunteer Discrimination 22 CFR Part 306 the General Counsel/1275 First Street Complaint Procedure, which only (1) Purpose. § 306.1 is a revision of 45 NE/Washington, DC 20526. contains a cross reference to 45 CFR part CFR 1225.1. It changes and expands the Instructions: All submissions received 1225 (see 22 CFR part 306). list of protected classes that can be must include the receiving agency’s In December of 1981, Congress again considered as a basis for filing claims of name, which is the Peace Corps, separated the Peace Corps from discrimination, and includes the Peace designate the Office of the General domestic volunteers, and removed it Corps Inspector General as an additional Counsel, and note the Regulatory from the umbrella of ACTION (Pub. L. avenue for filing claims of Information Number (RIN) for this 97–113). In the Domestic Volunteer discrimination. rulemaking. Service Act Amendment of 1984, Public (2) Policy. § 306.2 is a revision of 45 FOR FURTHER INFORMATION CONTACT: Law 98–288, sec. 30a (codified at 42 CFR 1225.2. It amends the language David van Hoogstraten, (202) 692–2150, U.S.C. 5057), Congress expressly setting forth how the Peace Corps will [email protected]. removed the Peace Corps from being respond to cases in which SUPPLEMENTARY INFORMATION: This is the subject to Title VII of the Civil Rights discrimination was found and adds that final joint rule by which the Peace Act and the other non-discrimination Peace Corps staff members are required Corps and CNCS will amend the statutes. However, conforming to participate in investigations. provisions of their regulations to reflect amendments by ACTION (now (3) Definitions. § 306.3 is a revision of the current statutory framework subsumed by the Corporation for 45 CFR 1225.3. It expands the definition applicable to volunteer and applicant National and Community Service) were of ‘‘volunteer’’ to include persons who rules for volunteer discrimination not made to 45 CFR part 1225 to remove were sworn in as volunteers but are no complaint processing. The joint final references to the Peace Corps. longer in service; conforms changes to rule is also striking references to the The Peace Corps Act (22 U.S.C. 2501, titles such as the Director of the Office Peace Corps from 45 CFR part 1225, and et seq.) establishes the Peace Corps and of Civil Rights and Diversity (instead of adding a revised non-discrimination sets forth the requirements for program E.O. Director); adds definitions for process into the Peace Corps regulations operations, including those for selecting words used in the regulations, such as in 22 CFR part 306. volunteers. The Act states that ‘‘except ‘‘counselor’’ and ‘‘filing date’’; and as provided in [the Act], volunteers revises other definitions to reflect Background shall not be deemed officers or current roles and practices. The Peace Corps is an independent employees or otherwise in the service or (4) Coverage. § 306.4 is a revision of government agency that was employment of, or holding office under, 45 CFR 1225.4. It addresses the legislatively established in 1961 by the the United States for any purpose. In consolidation of claims under a single Peace Corps Act. Separately, in 1973, carrying out this subsection, there shall complaint, as well as complaints that the Domestic Volunteer Service Act be no discrimination against any person fall under separate Peace Corps (Pub. L. 93–113) established domestic on account of race, sex, creed, or color.’’ administrative processes. The revision volunteer programs, such as VISTA, and Because Peace Corps volunteers are clarifies that these regulations do not joined the Peace Corps with those not considered federal employees or create any new rights of action or domestic volunteer programs under an otherwise in the service or employment jurisdiction before U.S. courts. umbrella organization called ACTION. of the United States for any purpose not (5) Representation. § 306.5 is a In 1979, the Domestic Volunteer specified in the Peace Corps Act, the revision of 45 CFR 1225.5. It abridges Service Act Amendments (Pub. L. 96– regulations implementing Section 717 of the current section on representation 143) extended the nondiscrimination the Civil Rights Act of 1964 (and other and removes language that is no longer policies and authorities set forth in Title nondiscrimination policies and pertinent. VII of the Civil Rights Act of 1964, Title authorities), and the right to appeal to (6) Freedom from retaliation. § 306.6 V of the Rehabilitation Act of 1973, and the Equal Employment Opportunity is a restatement of 45 CFR 1225.6 with the Age Discrimination Act of 1975 to Commission, do not apply to volunteers. no significant changes other than applicants for enrollment and changing the word reprisal to retaliation These regulations were first volunteers serving under both the Peace and consolidating a number of promulgated to ensure that volunteers Corps Act and the Domestic Volunteer behaviors under the term retaliation. had a process to make complaints Service Act. That section further (7) Review of allegations of regarding discriminatory conduct directed that any remedies available to retaliation. § 306.7 is a restatement of 45 proscribed by the Peace Corps Act and individuals under such laws, other than CFR 1225.7, and it additionally grants the Peace Corps’ policy. The regulations the right to appeal to the Equal the OCRD Director discretion in are now being updated and revised to Employment Opportunity Commission, consolidating claims. reflect current best practices. would be available to such applicants or (8) Pre-complaint procedure. § 306.8 volunteers. Congress, in extending the These rules were last published in the replaces the current 45 CFR 1225.8. It is non-discrimination protections to the Federal Register on January 6, 1981, a step-by-step explanation of the process volunteers, required that the Directors of and entered into effect on January 6, followed when an individual files an ACTION and Peace Corps prescribe 1981, and appeared at 45 CFR part 1225, initial complaint of discrimination, regulations specifically tailored to the which was cross referenced in 22 CFR which is also known as the circumstances of such volunteers. This part 306. ‘‘counseling’’ or ‘‘informal’’ stage, and is mandate led to the promulgation of the Public Comments: The Peace Corps geared toward reaching a mutual rules in 45 CFR 1225, which applied to did not receive any public comments resolution between the complainant and both Peace Corps volunteers and concerning this proposed joint rule. the agency. The new section specifies domestic volunteers (and applicants for Summary of Changes: The final joint timetables to be followed, such volunteer service) who filed rule makes adjustments for clarification responsibilities of specific agency complaints of discrimination. At that and efficiency, streamlines the language officers, and notifications that need to time, a section was also added to the of some procedural provisions, and be provided to the individual and to Peace Corps’ regulations, at 22 CFR part makes the following key changes: relevant staff.

VerDate Sep<11>2014 16:24 Jun 04, 2021 Jkt 253001 PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 E:\FR\FM\07JNR1.SGM 07JNR1 khammond on DSKJM1Z7X2PROD with RULES Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Rules and Regulations 30171

(9) Complaint procedure. § 306.9 Regulatory Flexibility Act of 1980 (5 PART 306—VOLUNTEER replaces the current 45 CFR 1225.9. It is U.S.C. 605(b)) DISCRIMINATION COMPLAINT a step-by-step explanation of the process PROCEDURE to be followed when an individual files This regulatory action will not have a a formal complaint of discrimination, significant adverse impact on a Subpart A—General Provisions substantial number of small entities. which involves an investigation and a § 306. Purpose. Unfunded Mandates Act of 1995 (Sec. final agency decision. The new section The purpose of this part is to establish 202, Pub. L. 104–4) specifies standards for acceptance and a procedure for the filing, investigation, dismissal, timetables to be followed, and administrative determination of responsibilities of specific agency This regulatory action does not contain a Federal mandate that will allegations of discrimination (including officers, and notifications that need to result in the expenditure by State, local, harassment) based on race, color, be provided to the individual and to and tribal governments, in aggregate, or religion, sex, national origin, age (40 or relevant staff. It also outlines the by the private sector, of $100,000,000 or over), disability or other bases provided timeframe and process for appealing a more in any one year, and it will not for in applicable statutes, regulations or proposed final agency decision to the significantly or uniquely affect small the Peace Corps Manual or history of Director of the Peace Corps. governments. participation in the Peace Corps (10) Corrective action. § 306.10 is a discrimination complaint process which Paperwork Reduction Act of 1995 (44 restatement of 45 CFR 1225.10 with no arise in connection with the U.S.C., Chapter 35) changes other than removing a recruitment, selection, placement, provision about attorney’s fees. Sections This regulatory action will not impose service, or termination of applicants, 1225.11 through 1225.21 were stricken any additional reporting or trainees, or volunteers. In addition, any in their entirety. recordkeeping requirements under the Peace Corps applicant, trainee, or Paperwork Reduction Act. volunteer may submit an allegation of 45 CFR Part 1225 discrimination to the Peace Corps Office Federalism (Executive Order 13132) of Inspector General at any time, and the The edits are technical in nature. For allegation will be processed in example, they remove any references to This regulatory action does not have accordance with policy and procedures the Peace Corps, the Director of Peace Federalism implications, as set forth in of the Office of Inspector General. Corps, or the Peace Corps Act E.O. 13132. It will not have substantial throughout the section, and replace direct effects on the States, on the § 306.2 Policy. references to ACTION with Corporation relationship between the national (a) In the recruitment, selection, for Community and National Service government and the States, or on the placement, service, and termination of (CNCS) and AmeriCorps and distribution of power and Peace Corps Trainees and Volunteers, it SeniorCorps. responsibilities among the various is the policy of the Peace Corps to levels of government. provide equal opportunity for all Regulatory Certifications List of Subjects in 22 CFR Part 306 and persons and to prohibit discrimination based on race, color, religion, sex, Executive Orders 12866 and 13563— 45 CFR Part 1225 national origin, age (40 or over), Regulatory Review Administrative practice and disability, and other bases provided for This regulation has been drafted and procedure, Aged, Civil rights, in applicable statutes, regulations or the reviewed in accordance with E.O. Individuals with disabilities, Political Peace Corps Manual, or history of 12866, ‘‘Regulatory Planning and affiliation discrimination, Religious participation in the Peace Corps Review,’’ section 1(b), Principles of discrimination, Sex discrimination, discrimination complaint process. Regulation, and in accordance with E.O. Volunteers. (b) It is the policy of the Peace Corps, 13563, ‘‘Improving Regulation and upon a determination that such ■ For the reasons set out in the prohibited discrimination has occurred, Regulatory Review,’’ section 1(b), preamble, the Peace Corps revises 22 to take appropriate corrective action to General Principles of Regulation, and CFR Part 306 as follows: remedy the discrimination and to the Office of Management and Budget, prevent its recurrence. PART 306—VOLUNTEER Office of Information and Regulatory (c) It is the policy of the Peace Corps DISCRIMINATION COMPLAINT Affairs has determined it to be non- that all agency staff must cooperate in PROCEDURE significant within the meaning of E.O. the investigation of a complaint. 12866. Additionally, because this rule Sec. Volunteers and trainees are strongly does not meet the definition of a encouraged to cooperate. significant regulatory action, it does not Subpart A. General Provisions trigger the requirements contained in § 306.1 Purpose. § 306.3 Definitions. E.O. 13771. See OMB’s Memorandum § 306.2 Policy. Unless the context requires otherwise, titled ‘‘Interim Guidance Implementing § 306.3 Definitions. in this part: § 306.4 Coverage. Section 2 of the E.O. of January 30, Applicant means a person who has § 306.5 Representation. submitted a completed application 2017, titled ‘Reducing Regulation and § 306.6 Freedom from retaliation. Controlling Regulatory Costs’’’ § 306.7 Review of allegations of retaliation. required for consideration of eligibility (February 2, 2017), supplemented by for Peace Corps Volunteer service. Subpart B. Processing Individual ‘‘Applicant’’ may also mean a person OMB’s Memorandum titled Complaints of Discrimination ‘‘Implementing E.O. 13771, Titled who alleges that the actions of agency § 306.8 Pre-complaint procedure. ‘Reducing Regulation and Controlling personnel precluded them from § 306.9 Complaint procedure. submitting such an application or any Regulatory Costs.’ ’’ § 306.10 Corrective action. other information reasonably required Authority: 22 U.S.C. 2501 et seq. by the appropriate personnel as

VerDate Sep<11>2014 16:24 Jun 04, 2021 Jkt 253001 PO 00000 Frm 00021 Fmt 4700 Sfmt 4700 E:\FR\FM\07JNR1.SGM 07JNR1 khammond on DSKJM1Z7X2PROD with RULES 30172 Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Rules and Regulations

necessary for a determination of the Director, additional allegations or Subpart B—Processing Individual individual’s eligibility for Volunteer claims material to the complaint may be Complaints of Discrimination service. consolidated with the discrimination Complainant means an aggrieved complaint for processing under these § 306.8 Pre-complaint procedure. applicant, trainee, or volunteer who regulations. Any issues which are not so (a) Any applicant, trainee or volunteer believes they have been subject to consolidated will continue to be who believes that he or she has been prohibited discrimination and files a processed under those procedures subject to prohibited discrimination formal complaint. pursuant to which they were originally must bring such allegations to the Complaint means a written statement raised. attention of OCRD within 60 days of the signed by a Complainant alleging alleged discrimination, at which point a prohibited discrimination and (3) Complaints of retaliation in Counselor will be assigned to attempt to submitted to the OCRD Director, as connection with allegations made under resolve them. described in § 306.9(a). the Peace Corps Volunteer (b) The pre-complaint procedure is Counselor means an official Confidentiality Protection policy shall intended to determine whether the designated by the OCRD Director to be handled in accordance with that concerns of the aggrieved party can be perform an informal inquiry focused on policy. resolved to the mutual satisfaction of possible resolution as detailed in this (b) The OCRD Director has the the aggrieved party and the agency Part. discretion to consolidate complaints without the filing of a formal complaint. Director means the Director of the from different applicants, Trainees, or (c) The counselor serves as a neutral Peace Corps. Volunteers that allege common party, to gather a limited amount of File(d) Date means the date a underlying facts and similar claims. information from the aggrieved party Complaint is received by the about his or her allegations, explain to (c) These regulations do not create appropriate agency official. the aggrieved party his or her rights, any right or benefit, substantive or Final Agency Decision (FAD) means obtain information to determine the the Peace Corps’ final written procedural, enforceable at law or in applicability of this regulation, and determination on a complaint. equity by any party against the United where appropriate, attempt an informal OCRD Director means the Director of States, its departments, agencies, or resolution among relevant parties. the Peace Corps’ Office of Civil Rights entities, its officers, employees, or (d) The amount of information that and Diversity. agents, or any other person. Coverage the counselor gathers from the agency is Prohibited discrimination means under these rules does not constitute limited to information needed to reach discrimination (including harassment) acceptance by the agency or the United an informal resolution to the mutual on the basis of race, color, religion, sex, States Government of jurisdiction for satisfaction of the aggrieved party and national origin, age (40 or over), judicial review. the agency. (e) The counselor will keep a written disability, or other bases provided for in § 306.5 Representation. applicable statutes, regulations or the record of his or her activities, which Peace Corps Manual, or history of Any aggrieved party may be assisted will be submitted to the OCRD Director participation in the Peace Corps in all stages of these procedures under as a counselor’s report. discrimination complaint process. this Part by an attorney or non-staff (f) To the extent necessary to reach an Trainee means a person who has representative of his or her own informal resolution, the counselor may accepted an invitation issued by the choosing at his or her own expense. An reveal to relevant agency officials the Peace Corps and has registered for Peace aggrieved party must immediately identity of the aggrieved party. In the Corps staging. inform the agency if representation is event that the aggrieved party requests Volunteer means a person who has retained. that the Counselor not share his or her taken the oath of service and been identity with agency officials, the sworn in for Peace Corps service, § 306.6 Freedom from retaliation. Counselor will not reveal the identity of whether or not this person is still in Aggrieved parties, their the aggrieved party (or information that Peace Corps service. representatives, and witnesses will be could be used to easily identify the aggrieved party) outside of OCRD. If § 306.4 Coverage. free from retaliation at any stage in the presentation and processing of a appropriate, the Counselor should (a) Except as set out below, these explain to the aggrieved party that an procedures apply to all Peace Corps complaint under this section, including the counseling stage described in 306.8 informal resolution and/or the scope of applicants, trainees, and volunteers. relief available may be limited as a of this Part, or any time thereafter. (1) To the extent that a trainee or result of the request for anonymity. volunteer makes a complaint containing § 306.7 Review of allegations of retaliation. (g) The pre-complaint process should an allegation of prohibited be completed within 30 days, but the discrimination in connection with (a) An aggrieved party, his or her OCRD Director may extend the period conduct that constitutes sexual representative, or a witness who alleges upon request of the aggrieved party or misconduct as defined in the Peace retaliation in connection with the the agency for good cause shown. Corps’ policy on volunteer sexual presentation of a complaint under this (h) If, after inquiry and counseling, an misconduct. part, may, if covered by this Part, informal resolution to the allegation is (2) When an applicant, trainee, or request in writing that the allegation be not reached, the Counselor will notify volunteer makes a complaint which reviewed as an act of discrimination the aggrieved party in writing of the contains an allegation of prohibited subject to the procedures described in right to file a formal complaint of discrimination in connection with an subpart B or that the allegation be discrimination with the OCRD Director early termination or other considered as an issue in the complaint within 30 calendar days of the aggrieved administrative procedure of the agency, at hand. The determination whether to party’s receipt of the notice. only the allegation of prohibited consider the complaint in the same or (i) As an alternative to assignment of discrimination will be processed under a separate proceeding is within the a Counselor as described above, the this part. At the discretion of the OCRD discretion of the OCRD Director. aggrieved party may ask for Alternative

VerDate Sep<11>2014 16:24 Jun 04, 2021 Jkt 253001 PO 00000 Frm 00022 Fmt 4700 Sfmt 4700 E:\FR\FM\07JNR1.SGM 07JNR1 khammond on DSKJM1Z7X2PROD with RULES Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Rules and Regulations 30173

Dispute Resolution as set out in the set out in the procedure outlined in forward the ROI to the OCRD Director. Peace Corps’ policy. In such a case, the 306.8 or is dismissed, the OCRD The OCRD Director will arrange for parties have 90 days to attempt in good Director will inform the aggrieved party preparation of a draft FAD, which will faith to reach an informal resolution of in writing of this FAD, advising that the be in writing, state the reasons the allegation. At any time during the Peace Corps will take no further action. underlying the decision, recommend course of Alternative Dispute (e) Upon acceptance of the complaint corrective action if and as appropriate, Resolution, the aggrieved party or the and receipt of the Counselor’s report, and advise the complainant of the right Responsible Management Official (or the OCRD Director will provide for a to appeal the recommended FAD to the their Supervisor), in consultation with prompt impartial investigation of the Peace Corps Director, or designee. To the Office of the General Counsel, may complaint. The OCRD may employ a the extent feasible, this will be terminate those proceedings. Peace Corps employee or external party completed within 120 days of the filing to conduct the investigation. If a Peace of the complaint. However, the OCRD § 306.9 Complaint procedure. Corps employee is selected to Director has discretion to extend the (a) An applicant, trainee or volunteer investigate the complaint, the person period. who wishes to file a formal complaint assigned to investigate the complaint (j) The OCRD Director will issue the must do so within 30 days of receiving may not occupy a position in the agency proposed FAD to the complainant with the notice set out in 306.8(g) above, by which is, directly or indirectly, under a copy of the ROI. filing a signed complaint in writing with the jurisdiction of the head of that part (k) Within ten calendar days of receipt OCRD. A complaint must set forth of the agency in which the complaint of such proposed FAD, the complainant specifically: arose. The investigation will include a may submit his or her appeal of the (1) A detailed description, including review of the circumstances under proposed disposition to the Peace Corps names and dates, if possible, of the which the alleged discrimination Director, or designee. actions of the Peace Corps officials or occurred, and any other circumstances (l) The Peace Corps Director, or other persons which resulted in the which may constitute, or appear to designee, will, to the extent feasible, alleged prohibited discrimination; constitute, discrimination against the decide the issue within 45 days of the (2) The manner in which the Peace complainant. date of receipt of the appeal. The Corps’ action directly affected the (f) Agency officials responsible for claimant will be informed in writing of complainant; and providing information relating to the the decision and its basis and advised (3) The relief sought. complaint to the investigator will be that it is the FAD regarding the (b) A complaint that does not conform provided such information about the to the above requirements will complaint. complaint as they may need in order to (m) Where a complainant does not nevertheless be deemed to have been respond appropriately. For example, submit a timely appeal pursuant to (k) received by the OCRD, and the responding agency officials who have a above, the OCRD Director will issue the complainant will be notified of the steps need to know may be provided with necessary to correct the deficiencies of proposed FAD as the FAD. information including the identity of the (n) The OCRD Director will inform the complaint. The complainant will complainant and statements of the relevant management officials as to have 30 days from receipt of notification alleged discriminatory basis and adverse whether or not prohibited that the complaint is defective to submit action. discrimination was found in the FAD. an amended complaint. (g) In cases where sensitive and/or (c) The OCRD Director must accept a protected information about applicants, § 306.10 Corrective action. complaint if the process set forth above trainees, or volunteers (other than the When the agency’s FAD states that the has been followed, and the complaint complainant) is requested or involved, aggrieved party has been subjected to states a covered claim of prohibited agency officials may only disclose such prohibited discrimination, the following discrimination. The OCRD Director may information that is directly relevant to corrective actions may be taken: extend the time limits set out above: claim(s) being investigated, and must (a) Selection as a trainee for an (1) When the complainant shows that ensure that such information is handled otherwise qualified complainant found they were not notified of the time limits in such a manner that the privacy of the to have been denied selection based on and were not otherwise aware of them; applicants, trainees, or volunteers in prohibited discrimination. (2) The complainant shows that they (b) Reinstatement to volunteer service were prevented by circumstances question is fully protected, in for a complainant found to have been beyond their control from submitting accordance with the Peace Corps’ policy early-terminated as a result of the matter in a timely fashion; or on confidentiality of volunteer (3) For other reasons considered information. prohibited discrimination. To the extent sufficient by the OCRD Director. (h) Every agency official responsible possible, a terminated volunteer will be (d) At any time during the complaint for providing information relating to the placed in the same position previously procedure, the OCRD Director may complaint to the investigator may at any held. However, reinstatement to the dismiss a complaint based on the point consult the Office of the General specific country of prior service, or to aggrieved party’s failure to prosecute the Counsel and/or his or her supervisor, the specific position previously held is complaint. However, this action may be unless the supervisor is alleged to have contingent on programmatic taken only after: been involved in the conduct that is the considerations, including but not (1) The OCRD Director has made a subject of the complaint. Agency limited to the continued availability of written request, including notice of the officials responsible for providing the position or program in that country, proposed dismissal, that the information to the investigator shall and acceptance by the host country of Complainant provide certain only provide information based on such placement. If the same position is information or otherwise proceed with personal knowledge, and should not deemed to be no longer available, the the complaint; and seek to align or conform his or her aggrieved party will be offered (2) 30 days have elapsed since the statement with that of another reenrollment in a position in as similar sending of the request. responding agency official. as possible circumstances to the If the complaint is rejected for failure (i) The investigator will compile a position previously held, or will be to meet one or more of the requirements report of investigation (ROI) and given interrupted service status. A

VerDate Sep<11>2014 16:24 Jun 04, 2021 Jkt 253001 PO 00000 Frm 00023 Fmt 4700 Sfmt 4700 E:\FR\FM\07JNR1.SGM 07JNR1 khammond on DSKJM1Z7X2PROD with RULES 30174 Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Rules and Regulations

reenrollment may require a medical § 1225.2 Policy. (1) A description of the management clearance and/or other clearances, and It is the policy of the Corporation for policy or practice during the application both additional training and an National and Community Service stage as an applicant, during the additional two year commitment to (CNCS) to provide equal opportunity in candidacy stage as a candidate, or Volunteer service. all its national service programs for all during the service stage as a member or (c) Such other relief as may be persons and to prohibit discrimination volunteer, if any, giving rise to the deemed appropriate by the Peace Corps. based on race, color, national origin, complaint; religion, age, sex, disability or political (2) A detailed description including CORPORATION FOR NATIONAL affiliation in the recruitment, selection, names and dates, if possible, of the COMMUNITY SERVICE placement, service, and termination of actions of CNCS, recipients or AmeriCorps and AmeriCorps Seniors subrecipients of CNCS assistance or ■ For the reasons set out in the applicants, candidates, Members and resources, or the officials of those preamble, the Corporation for National Volunteers. It is the policy of CNCS, recipients or subrecipients, which Community Service revises 45 CFR part upon determining that such prohibited resulted in the alleged illegal 1225 to read as follows: discrimination has occurred, to take all discrimination; necessary corrective action to remedy (3) The manner in which the action of PART 1225—MEMBER AND the discrimination, and to prevent its CNCS, or the CNCS recipient or VOLUNTEER DISCRIMINATION recurrence. subrecipient, directly affected the COMPLAINT PROCEDURE complainant; and § 1225.3 Definitions. (4) The relief sought. Sec. Unless the context requires otherwise, (5) A complaint shall be deemed filed Subpart A. General Provisions in this part: on the date it is received by the § 1225.1 Purpose. Agent means a class member who acts appropriate agency official. When a § 1225.2 Policy. for the class during the processing of a complaint does not conform with the § 1225.3 Definitions. class complaint. In order to be accepted above definition, it shall nevertheless be § 1225.4 Coverage. as the agent for a class complaint, in accepted. The complainant shall be § 1225.5 Representation. addition to those requirements of a notified of the steps necessary to correct § 1225.6 Freedom from reprisal. complaint found in § 1225.3, the the deficiencies of the complaint. The § 1225.7 Review of allegations of reprisal. complaint must meet the requirements complainant shall have 30 days from his Subpart B. Processing Individual for a class complaint as found in subpart or her receipt of notification of the Complaints of Discrimination C of this part. complaint defects to resubmit an § 1225.8 Precomplaint procedure. AmeriCorps member means a person amended complaint. § 1225.9 Complaint procedure. who serves in a national service Counselor means an official § 1225.10 Corrective action. position for which a Segal AmeriCorps designated by the EEOP Director to § 1225.11 Amount of attorney fees. Education Award could be provided. perform the functions of conciliation as AmeriCorps Seniors Volunteer means Subpart C. Processing Class Complaints of detailed in this part. Discrimination a person who serves as a volunteer EEOP Director means the Director of through a program funded under Title II the Equal Employment Opportunity § 1225.12 Precomplaint procedure. of the DVSA, including the Retired Program of CNCS. The term shall also § 1225.13 Acceptance, rejection or Senior Volunteer Program, the Foster cancellation of a complaint. refer to any designee of the EEOP § 1225.14 Consolidation of complaints. Grandparent Program, and the Senior Director. § 1225.15 Notification and opting out. Companion Program. Illegal discrimination means § 1225.16 Investigation and adjustment of Applicant means a person who has discrimination on the basis of race, complaint. submitted a completed application color, national origin, religion, age, sex, § 1225.17 Agency decision. required for consideration of eligibility disability or political affiliation as § 1225.18 Notification of class members of for CNCS national service as a member defined in Title VI of the Civil Rights decision. or volunteer. Applicant may also mean Act of 1964 (42 U.S.C. 2000e et seq.); § 1225.19 Corrective action. a person who alleges that the actions of Title V of the Rehabilitation Act of 1973 § 1225.20 Claim appeals. recipient or subrecipient organization (29 U.S.C. 791, et seq.); the Age § 1225.21 Judicial review. staff, or agency personnel precluded Discrimination Act of 1975 (42 U.S.C. Authority: 42 U.S.C. 5057(d), 12635(d), him or her from submitting such an 6101, et seq.), Section 175 of the and 12651(c). application or any other information National and Community Service Act of reasonably required by CNCS as 1990, as amended, and Section 5057 of Subpart A—General Provisions necessary for a determination of the the Domestic Volunteer Service Act of § 1225.1 Purpose. individual’s eligibility for national 1973, as amended. Further clarification service. of the scope of matters covered by this The purpose of this part is to establish Candidate means a person who has definition may be obtained by referring a procedure for the filing, investigation, accepted an offer to commence service to the following regulations: Sex and administrative determination of as a member or volunteer but has not yet Discrimination: 29 CFR part 1604; allegations of discrimination based on enrolled for service in a CNCS national Religious Discrimination: 29 CFR part race, color, national origin, religion, age, service program. 1605; National Origin Discrimination: sex, disability or political affiliation, CEO means the Chief Executive 29 CFR part 1606; Age Discrimination: which arise in connection with the Officer of CNCS. The term shall also 45 CFR part 90; Disability recruitment, selection, placement, refer to any designee of the CEO. Discrimination: 29 CFR part 1630. service, or termination of AmeriCorps Complaint means a written statement and AmeriCorps Seniors applicants, signed by the complainant and § 1225.4 Coverage. candidates, Members and Volunteers for submitted to the EEOP Director. A (a) These procedures apply to all part time and full time service, as complaint shall set forth specifically CNCS national service applicants, appropriate. and in detail: candidates, members and volunteers

VerDate Sep<11>2014 16:24 Jun 04, 2021 Jkt 253001 PO 00000 Frm 00024 Fmt 4700 Sfmt 4700 E:\FR\FM\07JNR1.SGM 07JNR1 khammond on DSKJM1Z7X2PROD with RULES Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Rules and Regulations 30175

throughout their term of service with free from restraint, interference, § 1225.9 Complaint procedure. CNCS, or with recipients and coercion, discrimination, or reprisal at (a) The EEOP Director must accept a subrecipients of CNCS assistance or any stage in the presentation and complaint if the process set forth above resources. When an applicant, processing of a complaint, including the has followed, and the complaint states candidate, member or volunteer makes counseling stage described in § 1225.8, a charge of illegal discrimination. The a complaint which contains an or any time thereafter. agency will extend the time limits set allegation of illegal discrimination in herein: connection with an action that would be § 1225.7 Review of allegations of reprisal. (1) When the complainant shows that otherwise be processed under a An aggrieved party, his or her he or she was not notified of the time grievance, early termination, or other representative, or a witness who alleges limits and was not otherwise aware of administrative system of the agency, the restraint, interference, coercion, them, or allegation of illegal discrimination shall discrimination, or reprisal in connection (2) The complainant shows that he or be processed under this part. At the with the presentation of a complaint she was prevented by circumstances discretion of the EEOP Director, any under this part, may if covered by this beyond his or her control from other issues raised may be consolidated part, request in writing that the submitting the matter in a timely with the discrimination complaint for allegation be reviewed as an individual fashion, or (3) For other reasons considered processing under these regulations. Any complaint of discrimination subject to sufficiently by the agency. At any time issues which are not so consolidated the procedures described in subpart B or shall continue to be processed under during the complaint procedure, the that the allegation be considered as an EEOP Director may cancel a complaint those procedures in which they were issue in the complaint at hand. originally raised. because of failure of the aggrieved party (b) The submission of class Subpart B—Processing Individual to prosecute the complaint. If the complaints alleging illegal Complaints of Discrimination complaint is rejected for failure to meet discrimination as defined above will be one or more of the requirements set out handled in accordance with the § 1225.8 Precomplaint procedure. in the procedure outlined in § 1225.8 or procedure outlined in subpart C. is cancelled, the EEOP Director shall (a) An aggrieved person who believes inform the aggrieved party in writing of § 1225.5 Representation. that he or she has been subject to illegal this final agency decision: That CNCS Any aggrieved party may be discrimination shall bring such will take no further action; and of the represented and assisted in all stages of allegations to the attention of the right, to file a civil action as described these procedures by an attorney or appropriate Counselor within 30 days of in § 1225.21. representative of his or her own the alleged discrimination to attempt to (b) Upon acceptance of the complaint choosing. An aggrieved party must resolve them. Aggrieved applicants, and receipt of the counselor’s report, the immediately inform the agency if candidates, members, and volunteers EEOP Director shall provide for the counsel is retained. Attorney fees or applying for, or enrolled in programs prompt investigation of the complaint. other appropriate relief may be awarded operated by CNCS, or by recipients or Whenever possible, the person assigned in the following circumstances; subrecipients of CNCS assistance or to investigate the complaint shall (a) Informal adjustment of a resources, shall direct their allegations occupy a position in the agency which complaint. An informal adjustment of a to the designated counselor. is not, directly or indirectly, under the complaint may include an award of (b) Upon receipt of the allegation, the jurisdiction of the head of that part of attorney fees or other relief deemed counselor or designee shall make the agency in which the complaint appropriate by the EEOP Director. whatever inquiry is deemed necessary arose. The investigation shall include a Where the parties agree on an into the facts alleged by the aggrieved thorough review of the circumstances adjustment of the complaint, but cannot party and shall counsel the aggrieved under which the alleged discrimination agree on whether attorney fees or costs party for the purpose of attempting an occurred, and any other circumstances should be awarded, or on their amount, informal resolution agreeable to all which may constitute, or appear to this issue may be appealed to the CEO, parties. The counselor will keep a constitute discrimination against the or their designee, in the manner detailed written record of his or her activities complainant. The investigator shall in § 1225.11. which will be submitted to the EEOP compile an investigative file, which (b) Final agency decision. When Director if a formal complaint includes a summary of the investigation, discrimination is found, the CEO, or concerning the matter is filed. recommended findings of fact and a their designee, shall advise the recommended resolution of the (c) If after such inquiry and complaint. The investigator shall complainant that any request for counseling an informal resolution to the attorney fees or costs must be forward the investigative file to the allegation is not reached, the counselor EEOP Director and shall provide the documented and submitted for review shall notify the aggrieved party in within 20 calendar days after his or her complainant with a copy. writing of the right to file a complaint (c) The EEOP Director shall review receipt of the final agency decision. The of discrimination with the EEOP amount of such awards shall be the complaint file including any Director within 15 calendar days of the additional statements provided by the determined under § 1225.11. In the aggrieved party’s receipt of the notice. unusual situation in which it is complainant, make findings of fact, and determined not to award attorney fees or (d) The counselor shall not reveal the shall offer an adjustment of the other costs to a prevailing complainant, identity of the aggrieved party who has complaint if the facts support the the CEO, or their designee, in his or her come to him or her for consultation, complaint. If the proposed adjustment is final decision shall set forth the specific except when authorized to do so by the agreeable to all parties, the terms of the reasons thereof. aggrieved party. However, the identity adjustment shall be reduced to writing, of the aggrieved party may be revealed signed by both parties, and made part of § 1225.6 Freedom from reprisal. once the agency has accepted a the complaint file. A copy of the terms Aggrieved parties, their complaint of discrimination from the of the adjustment shall be provided to representatives, and witnesses will be aggrieved party. the complainant. If the proposed

VerDate Sep<11>2014 16:24 Jun 04, 2021 Jkt 253001 PO 00000 Frm 00025 Fmt 4700 Sfmt 4700 E:\FR\FM\07JNR1.SGM 07JNR1 khammond on DSKJM1Z7X2PROD with RULES 30176 Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Rules and Regulations

adjustment of the complaint is not (c) Provision for reasonable attorney have been illegally discriminated acceptable to the complainant, or the fees and other costs incurred by the against and who wants to be an agent for EEOP Director determines that such an aggrieved party. the class shall follow those offer is inappropriate, the EEOP Director (d) Such other relief as may be precomplaint procedures outlined in shall forward the complaint file with a deemed appropriate by the CEO or their § 1225.8. written notification of the findings of designee. facts, and his or her recommendations § 1225.13 Acceptance, rejection or of the proposed disposition of the § 1225.11 Amount of attorney fees. cancellation of a complaint. complaint to the CEO or their designee. (a) When a decision of the agency (a) Upon receipt of a class complaint, The aggrieved party shall receive a copy provides for an award of attorney’s fees the counselor’s report, and any other of the notification and recommendation or costs, the complainant’s attorney information pertaining to timeliness or and shall be advised of the right to shall submit a verified statement of other relevant circumstances related to appeal the recommended disposition to costs and attorney’s fees as appropriate, the complaint, the EEOP Director shall the CEO or their designee. Within ten to the agency within 20 days of receipt review the file to determine whether to (10) calendar days of receipt of such of the decision. A statement of accept or reject the complaint, or a notice the complainant may submit his attorney’s fees shall be accompanied by portion thereof, for any of the following or her appeal of the recommended an affidavit executed by the attorney of reasons: disposition to the CEO or their designee. record itemizing the attorney’s charges (1) It was not timely filed; (d) If no timely notice of appeal is for legal services. Both the verified (2) It consists of an allegation which received from the aggrieved party, the statement and the accompanying is identical to an allegation contained in CEO or their designee may adopt the affidavit shall be made a part of the a previous complaint filed on behalf of proposed disposition as the Final complaint file. The amount of attorney’s the same class which is pending in the Agency Decision. If the aggrieved party fees or costs to be awarded the agency or which has been resolved or appeals, the CEO, or a designee who has complainant shall be determined by decided by the agency; been delegated authority to issue such a agreement between the complainant, the (3) It is not within the purview of this decision, after review of the total complainant’s representative and the subpart; complaint file, shall issue a decision to CEO or their designee. Such agreement (4) The agent failed to consult a the aggrieved party. The decision of the shall immediately be reduced to writing. Counselor in a timely manner; CEO, or their designee, shall be in If the complainant, the representative (5) It lacks specificity and detail; writing, state the reasons underlying the and the agency cannot reach an (6) It was not submitted in writing or decision, shall be the Final Agency agreement on the amount of attorney’s was not signed by the agent; Decision, shall inform the aggrieved fees or costs within 20 calendar days of (7) It does not meet the following party of the right to file a civil action as receipt of the verified statement and prerequisites. described in § 1225.21, and, if accompanying affidavit, the CEO or (i) The class is so numerous that a appropriate, designate the procedure to their designee shall issue a decision consolidated complaint of the members be followed for the award of attorney determining the amount of attorney fees of the class is impractical; fees or costs. or costs within 30 calendar days of (ii) There are questions of fact receipt of the statement and affidavit. common to the class; § 1225.10 Corrective action. Such decision shall include the specific (iii) The claims of the agent of the When it has been determined by final reasons for determining the amount of class are representative of the claims of agency decision that the aggrieved party the award. the class; has been subjected to illegal (b) The amount of attorney’s fees shall (iv) The agent of the class, or his or discrimination, the following corrective be made in accordance with the her representative will fairly and actions may be taken: following standards: The time and labor adequately protect the interest of the (a) Selection as a member or volunteer required, the novelty and difficulty of class. for aggrieved parties found to have been the questions, the skills requisite to (b) If an allegation is not included in denied selection based on prohibited perform the legal service properly, the the counselor’s report, the EEOP discrimination. preclusion of other employment by the Director shall afford the agent 15 (b) Reappointment to national service attorney due to acceptance of the case, calendar days to explain whether the for aggrieved parties found to have been the customary fee, whether the fee is matter was discussed and if not, why he early-terminated as a result of fixed or contingent, time limitation or she did not discuss the allegation prohibited discrimination. To the extent imposed by the client or the with the counselor. If the explanation is possible, a member or volunteer will be circumstances, the amount involved and not satisfactory, the EEOP Director may placed in the same position previously the results obtained, the experience, decide to reject the allegation. If the held. However, reassignment to the reputation, and ability of the attorney, explanation is not satisfactory, the EEOP specific position previously held is the undesirability of the case, the nature Director may require further counseling contingent on several programmatic and length of the professional of the agent. considerations such as the continued relationship with the client, and the (c) If an allegation lacks specificity availability of the position. If the same awards in similar cases. and detail, or if it was not submitted in position is deemed to be no longer writing or not signed by the agent, the available, the aggrieved party will be Subpart C—Processing Class EEOP Director shall afford the agent 30 offered a reassignment to a position in Complaints of Discrimination days from his or her receipt of as similar circumstances to the position notification of the complaint defects to previously held, or to resign from § 1225.12 Precomplaint procedure. resubmit an amended complaint. The service for reasons beyond his or her An applicant, candidate, member or EEOP Director may decide that the control. Such a reassignment may volunteer who believes that he or she is agency reject the complaint if the agent require both additional training and an among a group of present or former fails to provide such information within additional commitment to national CNCS national service applicants, the specified time period. If the service. candidates, members or volunteers, who information provided contains new

VerDate Sep<11>2014 16:24 Jun 04, 2021 Jkt 253001 PO 00000 Frm 00026 Fmt 4700 Sfmt 4700 E:\FR\FM\07JNR1.SGM 07JNR1 khammond on DSKJM1Z7X2PROD with RULES Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Rules and Regulations 30177

allegations outside the scope of the (3) An explanation that class members notification by the agency of its complaint, the EEOP Director must may remove themselves from the class decision. advise the agent how to proceed on an by notifying the agency within 30 (c) The claim must include a specific, individual or class basis concerning calendar days after issuance of the detailed statement showing that the these allegations. notice; and claimant is a class member who was (d) The EEOP Director may extend the (4) An explanation of the binding affected by an action or matter resulting time limits for filing a complaint and for nature of the final decision or resolution from the discriminatory policy or consulting with a Counselor when the of the complaint. practice which arose not more than 30 agent, or his or her representative, days preceding the filing of the class shows that he or she was not notified of § 1225.16 Investigation and adjustment of complaint. complaint. the prescribed time limits and was not (d) The Agency shall attempt to The complaint shall be processed otherwise aware of them or that he or resolve the claim within sixty (60) promptly after it has been accepted. she was prevented by circumstances calendar days after the date the claim Once a class complaint has been beyond his or her control from acting was postmarked, or in the absence of a accepted, the procedure outlined in within the time limit. postmark, within sixty (60) calendar 1225.9 of this part shall apply. (e) When appropriate, the EEOP days after the date it was received by the Director may determine that a class be § 1225.17 Agency decision. EEOP Director. divided into subclasses and that each subclass be treated as a class, and the (a) If an adjustment of the complaint § 1225.20 Claim appeals. cannot be made, the procedures provisions of this section than shall be (a) If the EEOP Director and claimant outlined in 1225.9 shall be followed by construed and applied accordingly. do not agree that the claimant is a the EEOP Director except that any (f) The EEOP Director may cancel a member of the class, or upon the relief notice required to be sent to the complaint after it has been accepted to which the claimant is entitled, the aggrieved party shall be sent to the agent because of failure of the agent to EEOP Director shall refer the claim, of the class or his or her representative. prosecute the complaint. This action with recommendations concerning it, to (b) The final agency decision on a may be taken only after: the CEO or their designee for a Final class complaint shall be binding on all (1) The EEOP Director has provided Agency Decision and shall so notify the members of the class. the agent a written request, including claimant. The class member may submit notice of proposed cancellation, that he § 1225.18 Notification of class members of written evidence to the CEO or their or she provide certain information or decision. designee concerning his or her status as otherwise proceed with the complaint; a member of the class. Such evidence and Class members shall be notified by the agency of the final agency decision and must be submitted no later than ten (10) (2) Within 30 days of his or her calendar days after receipt of referral. receipt of the request. corrective action, if any, using at the (b) The CEO or their designee shall (g) An agent must be informed by the minimum, the same media employed to decide the issue within thirty (30) days EEOP Director in a request under give notice of the existence of the class of the date of referral by the EEOP paragraphs (b) or (c) of this section that complaint. The notice, where Director. The claimant shall be informed his or her complaint may be rejected if appropriate, shall include information in writing of the decision and its basis the information is not provided. concerning the rights of class members to seek individual relief and of the and that it will be the Final Agency § 1225.14 Consolidation of complaints. procedures to be followed. Notice shall Decision of the issue. The EEOP Director may consolidate be given by the Agency within ten (10) § 1225.21 Judicial review. the complaint if it involves the same or calendar days of the transmittal of its sufficiently similar allegations as those decision to the agent. (a) An applicant, candidate, member contained in a previous complaint filed or volunteer is authorized to file a civil § 1225.19 Corrective action. on behalf of the same class which is action in an appropriate U.S. District pending in the agency or which had (a) When discrimination is found. Court: been resolved or decided by the agency. CNCS, or the recipient or subrecipient (1) Within thirty (30) calendar days of of CNCS assistance or resources, as his or her receipt of the notice of final § 1225.15 Notification and opting out. appropriate, must take appropriate action taken by the agency; or (a) Upon acceptance of a class action to eliminate or modify the policy (2) After one hundred eighty (180) complaint, the agency, within 30 or practice out of which such calendar days from the date of filing a calendar days, shall use reasonable discrimination arose, and provide formal discrimination complaint with means such as delivery, mailing, individual corrective action to the agent the agency if there has been no final distribution, or posting, to notify all and other class members in accordance agency action. class members of the existence of the with § 1225.10. Dated: May 13, 2021. class complaint. (b) When discrimination is found and (b) A notice shall contain: a class member believes that but for that Fernando Laguarda, (1) The name of the agency or discrimination he or she would have General Counsel of the Corporation for organizational segment thereof, its been accepted as a member or volunteer National and Community Service. location and the date of acceptance of or received some other volunteer service Carl Taylor, the complaint: benefit, the class member may file a Acting General Counsel of the Peace Corps. (2) A description of the issues written claim with the EEOP Director [FR Doc. 2021–11284 Filed 6–4–21; 8:45 am] accepted as part of the class complaint; within thirty (30) calendar days of BILLING CODE 6051–01–P

VerDate Sep<11>2014 16:24 Jun 04, 2021 Jkt 253001 PO 00000 Frm 00027 Fmt 4700 Sfmt 4700 E:\FR\FM\07JNR1.SGM 07JNR1 khammond on DSKJM1Z7X2PROD with RULES 30178 Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Rules and Regulations

DEPARTMENT OF HOMELAND II. Background Information and Sherwood Forest Club main pier in SECURITY Regulatory History approximate position latitude ° ′ ″ ° ′ ″ The Fifth Coast Guard District has 39 01 54.0 N, longitude 076 32 41.8 Coast Guard been been notified of three fireworks W, Sherwood Forest, MD. The duration displays planned throughout the of the zone is intended to ensure the 33 CFR Part 165 safety of vessels and these navigable Maryland-National Capital Region to waters before, during, and after the [Docket Number USCG–2021–0199] commemorate the July 4th holiday. In scheduled 9:20 p.m. to 9:50 p.m. on July response, on May 10, 2021, the Coast RIN 1625–AA00 3, 2021 fireworks display. Guard published a notice of proposed The second safety zone will be Safety Zones; July 4th Holiday rulemaking (NPRM) titled ‘‘Safety enforced from 9 p.m. to 11 p.m. on July Fireworks in the Coast Guard Captain Zones; July 4th Holiday Fireworks in 4, 2021, or if necessary due to inclement of the Port Maryland-National Capital the Coast Guard Captain of the Port weather, from 9 p.m. to 11 p.m. on July Region Zone Maryland-National Capital Region 5, 2021. The safety zone will cover all Zone’’ (86 FR 24807). There we stated navigable waters of the Kent Island AGENCY: Coast Guard, Department of why we issued the NPRM, and invited Homeland Security (DHS). Narrows (North Approach), within 800 comments on our proposed regulatory feet of the fireworks launch site at Kent ACTION: Temporary final rule. action related to these fireworks Island in approximate position latitude displays. During the comment period 38°58′44.8″ N, longitude 076°14′52.9″ SUMMARY: The Coast Guard is that ended May 25, 2021, we received establishing three temporary safety W, in Queen Anne’s County, MD. The no comments. duration of the zone is intended to zones for navigable waters within the Under 5 U.S.C. 553(d)(3), the Coast Captain of the Port Maryland-National ensure the safety of vessels and these Guard finds that good cause exists for navigable waters before, during, and Capital Region Zone. This action is making this rule effective less than 30 necessary to provide for the safety of life after the scheduled 10 p.m. to 10:20 days after publication in the Federal p.m. on July 4, 2021 fireworks display. on these navigable waters of the Severn Register. Delaying the effective date of River in Anne Arundel County, MD, on The third safety zone will be enforced this rule would be impracticable from 8:30 p.m. to 10:30 p.m. on July 4, July 3, 2021, (with alternate date of July because immediate action is needed to 5, 2021), Kent Island Narrows (North 2021, or if necessary due to inclement respond to the potential safety hazards weather, from 8:30 p.m. to 10:30 p.m. on Approach) in Queen Anne’s County, associated with the fireworks displays. MD, on July 4, 2021, (with alternate date July 5, 2021. The safety zone will cover of July 5, 2021), and Susquehanna River III. Legal Authority and Need for Rule all navigable waters of the Susquehanna River within 200 yards of a barge in in Harford County, MD, on July 4, 2021, The Coast Guard is issuing this rule approximate position latitude 39°32′19″ (with alternate date of July 5, 2021), under authority in 46 U.S.C. 70034 N, longitude 076°04′58.3″ W, located at during fireworks displays to (previously 33 U.S.C. 1231). The Havre de Grace, MD. The duration of the commemorate the July 4th holiday. This Captain of the Port Maryland-National zone is intended to ensure the safety of regulation prohibits persons and vessels Capital Region (COTP) has determined vessels and these navigable waters from being in the safety zone unless that potential hazards associated with before, during, and after the scheduled authorized by the Captain of the Port the fireworks to be used in these July 3, 9:30 to 10 p.m. on July 4, 2021 fireworks Maryland-National Capital Region or a 2021 and July 4, 2021 displays will be designated representative. display. a safety concern for anyone approaching No vessel or person will be permitted DATES: This rule is effective from 8:30 the fireworks discharge sites. The to enter these safety zones without p.m. on July 3, 2021 through 11 p.m. on purpose of this rule is to ensure safety obtaining permission from the COTP or July 5, 2021. of vessels and the navigable waters in a designated representative. ADDRESSES: To view documents the safety zones before, during, and after mentioned in this preamble as being the scheduled events. V. Regulatory Analyses available in the docket, go to https:// IV. Discussion of Comments, Changes, We developed this rule after www.regulations.gov, type USCG–2021– and the Rule considering numerous statutes and 0199 in the ‘‘SEARCH’’ box and click Executive orders related to rulemaking. ‘‘SEARCH.’’ Click on Open Docket As noted above, we received no Below we summarize our analyses Folder on the line associated with this comments on our NPRM published May based on a number of these statutes and rule. 10, 2021. There are no changes in the Executive orders, and we discuss First regulatory text of this rule from the FOR FURTHER INFORMATION CONTACT: If Amendment rights of protestors. proposed rule in the NPRM. you have questions on this rule, call or This rule establishes three temporary A. Regulatory Planning and Review email Mr. Ron Houck, Sector Maryland- safety zones for certain navigable waters National Capital Region Waterways Executive Orders 12866 and 13563 within the COTP Maryland-National Management Division, U.S. Coast direct agencies to assess the costs and Capital Region Zone, as described in 33 Guard; telephone 410–576–2674, email benefits of available regulatory CFR 3.25–15, and will be enforced [email protected]. alternatives and, if regulation is during the times described below for necessary, to select regulatory SUPPLEMENTARY INFORMATION: each zone. approaches that maximize net benefits. I. Table of Abbreviations The first safety zone will be enforced This rule has not been designated a from 8:30 p.m. to 10:30 p.m. on July 3, ‘‘significant regulatory action,’’ under CFR Code of Federal Regulations 2021, or if necessary due to inclement Executive Order 12866. Accordingly, COTP Captain of the Port DHS Department of Homeland Security weather, from 8:30 p.m. to 10:30 p.m. on this rule has not been reviewed by the FR Federal Register July 5, 2021. The safety zone will cover Office of Management and Budget NPRM Notice of proposed rulemaking all navigable waters of the Severn River, (OMB). § Section within 150 yards of a fireworks This regulatory action determination U.S.C. United States Code discharge site located at the end of is based on size, duration, and time-of-

VerDate Sep<11>2014 16:24 Jun 04, 2021 Jkt 253001 PO 00000 Frm 00028 Fmt 4700 Sfmt 4700 E:\FR\FM\07JNR1.SGM 07JNR1 khammond on DSKJM1Z7X2PROD with RULES Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Rules and Regulations 30179

day of the safety zones, which will C. Collection of Information review under paragraph L60(a) of impact small designated areas of the This rule will not call for a new Appendix A, Table 1 of DHS Instruction Severn River, Kent Island Narrows collection of information under the Manual 023–01–001–01, Rev. 1. A (North Approach), and Susquehanna Paperwork Reduction Act of 1995 (44 Record of Environmental Consideration River for a total no more than six total U.S.C. 3501–3520). supporting this determination is enforcement-hours, during the evening available in the docket. For instructions when vessel traffic is normally low. D. Federalism and Indian Tribal on locating the docket, see the Moreover, the Coast Guard will issue Governments ADDRESSES section of this preamble. Local Notices to Mariners and a A rule has implications for federalism G. Protest Activities Broadcast Notice to Mariners via VHF– under Executive Order 13132, FM marine channel 16 about the zones. Federalism, if it has a substantial direct The Coast Guard respects the First effect on the States, on the relationship Amendment rights of protesters. B. Impact on Small Entities between the National Government and Protesters are asked to call or email the The Regulatory Flexibility Act of the States, or on the distribution of person listed in the FOR FURTHER 1980, 5 U.S.C. 601–612, as amended, power and responsibilities among the INFORMATION CONTACT section to requires Federal agencies to consider various levels of government. We have coordinate protest activities so that your the potential impact of regulations on analyzed this rule under that order and message can be received without small entities during rulemaking. The have determined that it is consistent jeopardizing the safety or security of term ‘‘small entities’’ comprises small with the fundamental federalism people, places or vessels. businesses, not-for-profit organizations principles and preemption requirements List of Subjects in 33 CFR Part 165 that are independently owned and described in Executive Order 13132. Harbors, Marine safety, Navigation operated and are not dominant in their Also, this rule does not have tribal (water), Reporting and recordkeeping fields, and governmental jurisdictions implications under Executive Order 13175, Consultation and Coordination requirements, Security measures, with populations of less than 50,000. Waterways. The Coast Guard received no comments with Indian Tribal Governments, from the Small Business Administration because it does not have a substantial For the reasons discussed in the on this rulemaking. The Coast Guard direct effect on one or more Indian preamble, the Coast Guard amends 33 CFR part 165 as follows: certifies under 5 U.S.C. 605(b) that this tribes, on the relationship between the Federal Government and Indian tribes, rule will not have a significant PART 165—REGULATED NAVIGATION or on the distribution of power and economic impact on a substantial AREAS AND LIMITED ACCESS AREAS number of small entities. responsibilities between the Federal While some owners or operators of Government and Indian tribes. ■ 1. The authority citation for part 165 vessels intending to transit the safety E. Unfunded Mandates Reform Act continues to read as follows: zone may be small entities, for the The Unfunded Mandates Reform Act Authority: 46 U.S.C. 70034, 70051; 33 CFR reasons stated in section V.A above, this of 1995 (2 U.S.C. 1531–1538) requires 1.05–1, 6.04–1, 6.04–6, and 160.5; rule will not have a significant Department of Homeland Security Delegation Federal agencies to assess the effects of economic impact on any vessel owner No. 0170.1. their discretionary regulatory actions. In or operator. ■ particular, the Act addresses actions 2. Add § 165.T05–0199 to read as Under section 213(a) of the Small that may result in the expenditure by a follows: Business Regulatory Enforcement State, local, or tribal government, in the § 165.T05–0199 Safety Zones; July 4th Fairness Act of 1996 (Pub. L. 104–121), aggregate, or by the private sector of we want to assist small entities in Holiday Fireworks in the Coast Guard $100,000,000 (adjusted for inflation) or Captain of the Port Maryland-National understanding this rule. If the rule more in any one year. Though this rule Capital Region Zone. would affect your small business, will not result in such an expenditure, (a) Locations. The following areas are organization, or governmental we do discuss the effects of this rule a safety zone. These coordinates are jurisdiction and you have questions elsewhere in this preamble. based on datum NAD 83. concerning its provisions or options for F. Environment (1) Safety Zone 1. All waters of the compliance, please call or email the Severn River, within 150 yards of a person listed in the FOR FURTHER We have analyzed this rule under fireworks discharge site located at the INFORMATION CONTACT section. Department of Homeland Security end of Sherwood Forest Club main pier Small businesses may send comments Directive 023–01, Rev. 1, associated in approximate position latitude on the actions of Federal employees implementing instructions, and 39°01′54.0″ N, longitude 076°32′41.8″ who enforce, or otherwise determine Environmental Planning COMDTINST W, Sherwood Forest, MD. compliance with, Federal regulations to 5090.1 (series), which guide the Coast (2) Safety Zone 2. All navigable the Small Business and Agriculture Guard in complying with the National waters of the Kent Island Narrows Regulatory Enforcement Ombudsman Environmental Policy Act of 1969 (42 (North Approach), within 800 feet of the and the Regional Small Business U.S.C. 4321–4370f), and have fireworks launch site at Kent Island in Regulatory Fairness Boards. The determined that this action is one of a approximate position latitude Ombudsman evaluates these actions category of actions that do not 38°58′44.8″ N, longitude 076°14′52.9″ annually and rates each agency’s individually or cumulatively have a W, in Queen Anne’s County, MD. responsiveness to small business. If you significant effect on the human (3) Safety Zone 3. All navigable wish to comment on actions by environment. This rule involves three waters of the Susquehanna River within employees of the Coast Guard, call 1– safety zones lasting six total 200 yards of a barge in approximate 888–REG–FAIR (1–888–734–3247). The enforcement hours that would prohibit position latitude 39°32′19″ N, longitude Coast Guard will not retaliate against entry within portions of the Severn 076°04′58.3″ W, located at Havre de small entities that question or complain River, Kent Island Narrows (North Grace, MD. about this rule or any policy or action Approach), and Susquehanna River. It is (b) Definitions. As used in this of the Coast Guard. categorically excluded from further section—

VerDate Sep<11>2014 16:24 Jun 04, 2021 Jkt 253001 PO 00000 Frm 00029 Fmt 4700 Sfmt 4700 E:\FR\FM\07JNR1.SGM 07JNR1 khammond on DSKJM1Z7X2PROD with RULES 30180 Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Rules and Regulations

Captain of the Port (COTP) means the DEPARTMENT OF HOMELAND As specified in § 165.1305(c), during Commander, U.S. Coast Guard Sector SECURITY the enforcement periods, no vessel may Maryland-National Capital Region. transit the regulated area without Coast Guard Designated representative means a approval from the COTP or a COTP Coast Guard Patrol Commander, designated representative. The COTP 33 CFR Part 165 may be assisted by other federal, state, including a Coast Guard coxswain, petty and local law enforcement agencies in officer, or other officer operating a Coast [Docket No. USCG–2021–0388] enforcing this regulation. Guard vessel and a Federal, State, and Safety Zone; Commencement Bay, In addition to this notice of local officer designated by or assisting Tacoma, WA enforcement in the Federal Register, the the Captain of the Port Maryland- Coast Guard plans to provide National Capital Region (COTP) in the AGENCY: Coast Guard, DHS. notification of this enforcement period enforcement of the safety zone. ACTION: Notice of enforcement of via the Local Notice to Mariners, marine (c) Regulations. (1) Under the general regulation. information broadcasts during the day of the event. If the COTP determines safety zone regulations in subpart C of SUMMARY: The notice of enforcement of that the safety zone need not be this part, you may not enter the safety regulation published May 5, 2021 in the enforced for the full duration stated in zone described in paragraph (a) of this Federal Register, is rescinded and the notice of enforcement, he may use section unless authorized by the COTP replaced by this notice of enforcement a Broadcast Notice to Mariners to grant or the COTP’s designated representative. of regulation. The Coast Guard will general permission to enter the enforce safety zone regulations for the (2) To seek permission to enter, regulated area. contact the COTP or the COTP’s Tacoma Freedom Fair Air Show on representative by telephone at 410–576– Commencement Bay from 2 p.m. on July Dated: May 27, 2021. 2693 or on Marine Band Radio VHF–FM 2 through 12:30 a.m. on July 4, 2021. P.M. Hilbert, channel 16 (156.8 MHz). Those in the This action is necessary to ensure the Captain, U.S. Coast Guard, Captain of the safety zone must comply with all lawful safety of the public from inherent Port Sector Puget Sound. orders or directions given to them by the dangers associated with the annual [FR Doc. 2021–11882 Filed 6–4–21; 8:45 am] COTP or the COTP’s designated aerial displays. During the enforcement BILLING CODE 9110–04–P representative. periods, no person or vessel may enter or transit this safety zone unless (d) Enforcement officials. The U.S. authorized by the Captain of the Port DEPARTMENT OF HOMELAND Coast Guard may be assisted in the Sector Puget Sound or her designated SECURITY patrol and enforcement of the safety representative. zone by Federal, State, and local Coast Guard DATES: The regulations in 33 CFR agencies. 165.1305 will be enforced from 2 p.m. 33 CFR Part 165 (e) Enforcement periods. (1) Paragraph on July 2 through 12:30 a.m. on July 4, (a)(1) of this section will be enforced 2021. [Docket Number USCG–2021–0350] from 8:30 p.m. to 10:30 p.m. on July 3, FOR FURTHER INFORMATION CONTACT: If RIN 1625–AA00 2021. If necessary due to inclement you have questions about this notice of weather on July 3, 2021, it will be enforcement, call or email Lieutenant Safety Zone; Charlevoix Graduation enforced from 8:30 p.m. to 10:30 p.m. Peter J. McAndrew, Sector Puget Sound Fireworks, Lake Charlevoix, East on July 5, 2021. Waterways Management Division, U.S. Jordan, MI (2) Paragraph (a)(2) of this section will Coast Guard; telephone 206–217–6045, AGENCY: be enforced from 9 p.m. to 11 p.m. on email SectorPugetSoundWWM@ Coast Guard, DHS. July 4, 2021. If necessary due to uscg.mil. ACTION: Temporary final rule. inclement weather on July 4, 2021, it SUPPLEMENTARY INFORMATION: The notice SUMMARY: The Coast Guard is of enforcement of regulation in docket will be enforced from 9 p.m. to 11 p.m. establishing a temporary safety zone for number USCG–2021–0304 is rescinded on July 5, 2021. navigable waters within a 500-foot and replaced by this notice of (3) Paragraph (a)(3) of this section will radius of a fireworks display. The safety enforcement of regulation. The Coast zone is needed to protect personnel, be enforced from 8:30 p.m. to 10:30 p.m. Guard is amending the enforcement vessels, and the marine environment on July 4, 2021. If necessary due to period and will now enforce the safety from potential hazards created by repair inclement weather on July 4, 2021, it zone in 33 CFR 165.1305 from 2 p.m. on work on the bridge. Entry of vessels or will be enforced from 8:30 p.m. to 10:30 July 2 through 12:30 a.m. on July 4, persons into this zone is prohibited p.m. on July 5, 2021. 2021 unless the COTP of Puget Sector unless specifically authorized by the Sound grants general permission to Dated: June 1, 2021. Captain of the Port Sault Sainte Marie. David E. O’Connell, enter the regulated area during these stated enforcement periods. This action DATES: This rule is effective from 10 Captain, U.S. Coast Guard, Captain of the p.m. on June 12, 2021, through 11 p.m. Port Maryland-National Capital Region. is being taken to provide for the safety of life on navigable waterways during on June 12, 2021. [FR Doc. 2021–11825 Filed 6–4–21; 8:45 am] the aerial demonstrations above the ADDRESSES: To view documents BILLING CODE 9110–04–P waterway. mentioned in this preamble as being The safety zone resembles a rectangle available in the docket, go to https:// protruding from the shoreline along www.regulations.gov, type USCG–2021– Ruston Way and will be marked by the 0350 in the ‘‘SEARCH’’ box and click event sponsor. The specific coordinates ‘‘SEARCH.’’ Click on Open Docket of the safety zone location are listed in Folder on the line associated with this 33 CFR 165.1305. rule.

VerDate Sep<11>2014 16:24 Jun 04, 2021 Jkt 253001 PO 00000 Frm 00030 Fmt 4700 Sfmt 4700 E:\FR\FM\07JNR1.SGM 07JNR1 khammond on DSKJM1Z7X2PROD with RULES Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Rules and Regulations 30181

FOR FURTHER INFORMATION CONTACT: If IV. Discussion of the Rule zone may be small entities, for the you have questions on this rule, call or This rule establishes a safety zone reasons stated in section V.A above, this email LT Deaven Palenzuela, U.S. Coast from 10 p.m. until 11 p.m. on June 12, rule will not have a significant Guard Sector Sault Sainte Marie 2021. The safety zone will cover all economic impact on any vessel owner Waterways Management, U.S. Coast navigable waters within 500 feet of a or operator. Guard; telephone 906–635–3223, email fireworks display in Lake Charlevoix Under section 213(a) of the Small [email protected]. near East Jordan, MI. The duration of Business Regulatory Enforcement SUPPLEMENTARY INFORMATION: the zone is intended to protect Fairness Act of 1996 (Pub. L. 104–121), personnel, vessels, and the marine we want to assist small entities in I. Table of Abbreviations environment in these navigable waters understanding this rule. If the rule CFR Code of Federal Regulations while the bridge is being repaired. No would affect your small business, DHS Department of Homeland Security vessel or person will be permitted to organization, or governmental FR Federal Register enter the safety zone without obtaining jurisdiction and you have questions NPRM Notice of proposed rulemaking permission from the COTP or a concerning its provisions or options for § Section designated representative. compliance, please call or email the U.S.C. United States Code person listed in the FOR FURTHER V. Regulatory Analyses II. Background Information and INFORMATION CONTACT section. Regulatory History We developed this rule after Small businesses may send comments considering numerous statutes and on the actions of Federal employees The Coast Guard is issuing this Executive orders related to rulemaking. who enforce, or otherwise determine temporary rule without prior notice and Below we summarize our analyses compliance with, Federal regulations to opportunity to comment pursuant to based on a number of these statutes and the Small Business and Agriculture authority under section 4(a) of the Executive orders, and we discuss First Regulatory Enforcement Ombudsman Administrative Procedure Act (APA) (5 Amendment rights of protestors. and the Regional Small Business U.S.C. 553(b)). This provision A. Regulatory Planning and Review Regulatory Fairness Boards. The authorizes an agency to issue a rule Ombudsman evaluates these actions without prior notice and opportunity to Executive Orders 12866 and 13563 annually and rates each agency’s comment when the agency for good direct agencies to assess the costs and responsiveness to small business. If you benefits of available regulatory cause finds that those procedures are wish to comment on actions by alternatives and, if regulation is ‘‘impracticable, unnecessary, or contrary employees of the Coast Guard, call 1– necessary, to select regulatory to the public interest.’’ Under 5 U.S.C. 888–REG–FAIR (1–888–734–3247). The approaches that maximize net benefits. 553(b)(B), the Coast Guard finds that Coast Guard will not retaliate against This rule has not been designated a good cause exists for not publishing a small entities that question or complain ‘‘significant regulatory action,’’ under notice of proposed rulemaking (NPRM) about this rule or any policy or action Executive Order 12866. Accordingly, with respect to this rule because doing of the Coast Guard. so would be impracticable. The Coast this rule has not been reviewed by the Guard did not receive sufficient notice Office of Management and Budget C. Collection of Information of this event to undergo notice and (OMB). This regulatory action determination This rule will not call for a new comment and this safety zone must be collection of information under the established by June 12, 2021 in order to is based on size, location, duration, and time-of-day of the safety zone. Vessel Paperwork Reduction Act of 1995 (44 protect the public from the dangers U.S.C. 3501–3520). associated with a fireworks display. traffic will be able to safely transit around this safety zone which would D. Federalism and Indian Tribal Under 5 U.S.C. 553(d)(3), the Coast impact a small designated area of Lake Governments Guard finds that good cause exists for Charlevoix. Moreover, the Coast Guard making this rule effective less than 30 would issue a Broadcast Notice to A rule has implications for federalism days after publication in the Federal Mariners via VHF–FM marine channel under Executive Order 13132, Register. Delaying the effective date of 16 about the zone, and the rule would Federalism, if it has a substantial direct this rule would be impracticable allow vessels to seek permission to enter effect on the States, on the relationship because action is needed to ensure that the zone. between the National Government and the potential safety hazards associated the States, or on the distribution of with the fireworks display are B. Impact on Small Entities power and responsibilities among the effectively mitigated. The Regulatory Flexibility Act of various levels of government. We have analyzed this rule under that Order and III. Legal Authority and Need for Rule 1980, 5 U.S.C. 601–612, as amended, requires Federal agencies to consider have determined that it is consistent The Coast Guard is issuing this rule the potential impact of regulations on with the fundamental federalism under authority in 46 U.S.C. 70034 small entities during rulemaking. The principles and preemption requirements (previously 33 U.S.C. 1231). The term ‘‘small entities’’ comprises small described in Executive Order 13132. Captain of the Port Sault Sainte Marie businesses, not-for-profit organizations Also, this rule does not have tribal (COTP) has determined that potential that are independently owned and implications under Executive Order hazards associated with a fireworks operated and are not dominant in their 13175, Consultation and Coordination display on June 12, 2021 will be a safety fields, and governmental jurisdictions with Indian Tribal Governments, concern for anyone within a 500-foot with populations of less than 50,000. because it does not have a substantial radius of the navigable waters The Coast Guard certifies under 5 U.S.C. direct effect on one or more Indian surrounding the fireworks launch site. 605(b) that this rule will not have a tribes, on the relationship between the This rule is needed to protect personnel, significant economic impact on a Federal Government and Indian tribes, vessels, and the marine environment in substantial number of small entities. or on the distribution of power and the navigable waters within the safety While some owners or operators of responsibilities between the Federal zone during the fireworks display. vessels intending to transit the safety Government and Indian tribes.

VerDate Sep<11>2014 16:24 Jun 04, 2021 Jkt 253001 PO 00000 Frm 00031 Fmt 4700 Sfmt 4700 E:\FR\FM\07JNR1.SGM 07JNR1 khammond on DSKJM1Z7X2PROD with RULES 30182 Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Rules and Regulations

E. Unfunded Mandates Reform Act Authority: 46 U.S.C. 70034, 70051; 33 CFR procedures for issuing and managing 1.05–1, 6.04–1, 6.04–6, and 160.5; The Unfunded Mandates Reform Act guidance documents. These changes are Department of Homeland Security Delegation necessary because an Executive order of 1995 (2 U.S.C. 1531–1538) requires No. 0170.1. Federal agencies to assess the effects of (E.O.) entitled ‘‘Promoting the Rule of their discretionary regulatory actions. In ■ 2. Add § 165.T09–0350 to read as Law Through Improved Agency particular, the Act addresses actions follows: Guidance Documents,’’ under which the that may result in the expenditure by a regulations were originally issued, has § 165.T09–0350 Charlevoix Graduation been rescinded by an E.O. entitled State, local, or tribal government, in the Fireworks Lake Charlevoix, East Jordan, MI. ‘‘Revocation of Certain Executive Orders aggregate, or by the private sector of (a) Location. The following area is a $100,000,000 (adjusted for inflation) or Concerning Federal Regulation.’’ This safety zone: All navigable water within more in any one year. Though this rule final rulemaking will implement 500 feet of the fireworks launching will not result in such an expenditure, changes to ensure that the processes and location in position 45°09′14.82″ N we do discuss the effects of this rule procedures comply with the mandates 85°07′59.39″ W (NAD 83) elsewhere in this preamble. of the E.Os. entitled ‘‘Revocation of (b) Definitions. As used in this Certain Executive Orders Concerning F. Environment section, designated representative Federal Regulation’’ and ‘‘Regulatory We have analyzed this rule under means a Coast Guard Patrol Planning and Review,’’ while also Department of Homeland Security Commander, including a Coast Guard maintaining certain beneficial practices. Directive 023–01, Rev. 1, associated coxswain, petty officer, or other officer DATES: This rule is effective July 7, implementing instructions, and operating a Coast Guard vessel and a 2021. Environmental Planning COMDTINST Federal, State, and local officer designated by or assisting the Captain of 5090.1 (series), which guide the Coast FOR FURTHER INFORMATION CONTACT: the Port Sault Sainte Marie (COTP) in Guard in complying with the National Jeffrey Martin, Office of Regulation the enforcement of the safety zone. Environmental Policy Act of 1969 (42 Policy and Management (00REG), 810 (c) Regulations. (1) In accordance with U.S.C. 4321–4370f), and have Vermont Avenue NW, Washington, DC the general regulations in § 165.23, entry determined that this action is one of a 20420, (202) 230–6402. (This is not a into, transiting, or anchoring within the category of actions that do not toll-free telephone number). individually or cumulatively have a safety zone described in paragraph (a) is significant effect on the human prohibited unless authorized by the SUPPLEMENTARY INFORMATION: On environment. This rule involves a safety Captain of the Port, Sault Sainte Marie November 13, 2020 (85 FR 72569), VA zone lasting only 1 hour that will or his designated representative. promulgated regulations in 38 CFR part prohibit entry within a 500-foot radius (2) Before a vessel operator may enter 5 that established processes and of a fireworks display in Lake or operate within the safety zone, they procedures for issuing and managing Charlevoix. It is categorically excluded must obtain permission from the guidance documents in accordance with from further review under paragraph Captain of the Port, Sault Sainte Marie, E.O. 13891, Promoting the Rule of Law L[60(a)] of Appendix A, Table 1 of DHS or his designated representative via VHF Through Improved Agency Guidance Instruction Manual 023–01–001–01, Channel 16 or telephone at (906) 635– Documents. However, E.O. 13891 was Rev. 1. A Record of Environmental 3233. Vessel operators given permission rescinded by E.O. 13992, Revocation of Consideration supporting this to enter or operate in the safety zone Certain Executive Orders Concerning determination is available in the docket. must comply with all orders given to Federal Regulation, which directed For instructions on locating the docket, them by the Captain of the Port, Sault agencies to ‘‘promptly take steps to see the ADDRESSES section of this Sainte Marie or his designated rescind any orders, rules, regulations, preamble. representative. guidelines, or policies, or portions (d) Enforcement period. This section thereof, implementing or enforcing’’ the G. Protest Activities will be enforced from 10 p.m. through rescinded E.O. With E.O. 13891 The Coast Guard respects the First 11 p.m. on June 12, 2021. rescinded, there is no requirement that Amendment rights of protesters. Dated: June 1, 2021 VA have regulations that govern Protesters are asked to call or email the A.R. Jones, guidance documents. However, some of FOR FURTHER the requirements and processes person listed in the Captain of the Port Sault Sainte Marie. INFORMATION CONTACT section to contained in the regulations serve useful coordinate protest activities so that your [FR Doc. 2021–11832 Filed 6–4–21; 8:45 am] functions and are worth maintaining. message can be received without BILLING CODE 9110–04–P Additionally, VA’s practices for jeopardizing the safety or security of guidance documents are still expected people, places or vessels. to comply with E.O. 12866, Regulatory DEPARTMENT OF VETERANS Planning and Review. Therefore, to List of Subjects in 33 CFR Part 165 AFFAIRS ensure VA’s practices regarding Harbors, Marine safety, Navigation guidance documents comply with both (water), Reporting and record keeping 38 CFR Part 5 E.O. 12866 and E.O. 13992, and requirements, Security measures, RIN 2900–AR21 continue certain beneficial practices, we Waterways. make the following changes to the For the reasons discussed in the Changes to Administrative Procedures regulations in part 5. preamble, the Coast Guard amends 33 Governing Guidance Documents Authority CFR part 165 as follows: AGENCY: Department of Veterans Affairs. We are removing the citation to E.O. PART 165—REGULATED NAVIGATION ACTION: Final rule. 13891 in the authority for part 5 and AREAS AND LIMITED ACCESS AREAS SUMMARY: The Department of Veterans replacing it with a citation to E.O. ■ 1. The authority citation for part 165 Affairs (VA) is amending its regulations 12866. continues to read as follows: that govern the processes and Section 5.0 Purpose.

VerDate Sep<11>2014 16:24 Jun 04, 2021 Jkt 253001 PO 00000 Frm 00032 Fmt 4700 Sfmt 4700 E:\FR\FM\07JNR1.SGM 07JNR1 khammond on DSKJM1Z7X2PROD with RULES Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Rules and Regulations 30183

Section 5.0 is being amended by would track the requirements from Paperwork Reduction Act removing the language that discusses section 6(a)(1) of E.O. 12866 that This rule contains no provisions E.O. 13891. agencies provide the public meaningful constituting a collection of information Section 5.10 Definitions relating to participation and an opportunity to under the Paperwork Reduction Act of guidance documents. comment on proposed regulations. 1995 (44 U.S.C. 3501–3521). Section 5.10 is the definitions section. However, guidance documents are not The section generally tracks the regulations, and requiring notice-and- Regulatory Flexibility Act requirements that were outlined in E.O. comment procedures is an onerous The Secretary hereby certifies that 13891, as applied to VA. However, we process that is not required by any law are not making any changes to this this final rule will not have a significant or other authority. Further, there are economic impact on a substantial section. We note that the definition of already less burdensome methods of ‘‘guidance document’’ in § 5.10 largely number of small entities as they are allowing public participation. For defined in the Regulatory Flexibility correlates with the definition of ‘‘rule’’ example, § 5.20 creates a process for the from E.O. 12866, and the criteria for Act, 5 U.S.C. 601–612. The regulations public to petition for withdrawal or established by this rulemaking do not what makes a guidance document modification of guidance documents. ‘‘significant’’ are substantively the same impose burdens or otherwise regulate In redesignated paragraph (b)(1), we as the criteria for rules under E.O. the activities of any entities outside of are removing the reference to E.O. 12866. VA. Therefore, pursuant to 5 U.S.C. Section 5.15 Procedures for issuing 13891. And in redesignated paragraph 605(b), the initial and final regulatory guidance documents. (b)(3), we are removing the reference to flexibility analysis requirements of 5 Section 5.15 contains procedures for E.Os. 13771 and 13777 as they have also U.S.C. 603 and 604 do not apply. been rescinded by E.O. 13992. We are issuing guidance documents. Paragraph Executive Orders 12866 and 13563 (a) applies to all guidance documents, also removing the phrase ‘‘for while paragraph (b) is specific to regulations and rules,’’ because as noted Executive Orders 12866 and 13563 significant guidance documents. above, guidance documents are not direct agencies to assess the costs and We are changing paragraph (a)(1) to regulations and thus are not subject to benefits of available regulatory state that each guidance document the same processes and requirements as alternatives and, when regulation is should include a disclaimer that the regulations. necessary, to select regulatory document does not have the force and Section 5.20 Procedures for petition approaches that maximize net benefits effect of law and is not meant to bind for the withdrawal or modification of a (including potential economic, the public in any way, rather than guidance document. environmental, public health and safety requiring such disclaimers to be Section 5.20 contains a process for the effects, and other advantages; included. This disclaimer is not public to petition for the withdrawal or distributive impacts; and equity). E.O. required by E.O. 12866, and removing modification of guidance documents, 13563 (Improving Regulation and its requirement will minimize litigation including the minimum amount of Regulatory Review) emphasizes the risks associated with technical information that must be included in a importance of quantifying both costs noncompliance. However, we are not petition. Although not mandated by any and benefits, reducing costs, entirely eliminating the use of the law or other authority, we are generally harmonizing rules, and promoting disclaimer because we believe it serves keeping this process in place as it is flexibility. The Office of Information a beneficial purpose of clarifying the consistent with E.O. 12866’s focus on and Regulatory Affairs (OIRA) has scope and limitations of guidance allowing public participation. However, determined that this rule is not a documents. to permit the Department increased significant regulatory action under E.O. As with paragraph (a)(1), we are flexibility in responding to petitions, we 12866. The Regulatory Impact Analysis changing paragraph (a)(2) to state that are changing the 90-day time limit to associated with this rulemaking can be each guidance document should include respond in paragraph (c) from a found as a supporting document at the listed information, rather than requirement to a goal that the agency www.regulations.gov. requiring the information to be will seek to meet. Unfunded Mandates included. We believe this change will Section 5.25 Guidance website. provide a measure of standardization to The Unfunded Mandates Reform Act guidance documents without requiring Section 5.25 will continue to provide of 1995 requires, at 2 U.S.C. 1532, that significant additional work and will also notice of the Department’s guidance agencies prepare an assessment of minimize litigation risks associated with document website. However, we are anticipated costs and benefits before technical noncompliance. removing the second sentence from this issuing any rule that may result in the For paragraph (b), as with paragraphs section. This will remove the reference expenditure by State, local, and tribal (a)(1) and (2), we are changing the to E.O. 13891. Additionally, this will governments, in the aggregate, or by the language to state that significant remove the limitation on how the private sector, of $100 million or more guidance documents should contain the agency may use guidance documents (adjusted annually for inflation) in any disclaimer and listed information from not available on the website to increase one year. This final rule would have no paragraph (a), rather than requiring that the agency’s flexibility in utilizing such effect on State, local, and tribal they do so. guidance documents. governments, or on the private sector. We are removing paragraph (b)(1) and Administrative Procedure Act renumbering the remaining paragraphs Catalog of Federal Domestic Assistance accordingly. This change will remove The Secretary of Veterans Affairs is There are no Catalog of Federal the requirement to conduct notice-and- publishing this rule without prior Domestic Assistance numbers and titles comment procedures when issuing opportunity for public comment for this rule. significant guidance documents. We pursuant to 5 U.S.C. 553(b)(A) as this Congressional Review Act acknowledge that providing the public rule is a rule of agency organization, an opportunity to participate in the procedure, or practice, and thus is Pursuant to the Congressional Review process of issuing guidance documents published as a final rule. Act (5 U.S.C. 801 et seq.), OIRA

VerDate Sep<11>2014 16:24 Jun 04, 2021 Jkt 253001 PO 00000 Frm 00033 Fmt 4700 Sfmt 4700 E:\FR\FM\07JNR1.SGM 07JNR1 khammond on DSKJM1Z7X2PROD with RULES 30184 Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Rules and Regulations

designated this rule as not a major rule (2) Each guidance document should ENVIRONMENTAL PROTECTION as defined by 5 U.S.C. 804(2). include the following information in the AGENCY published guidance document: List of Subjects in 38 CFR Part 5 40 CFR Parts 9 and 721 * * * * * Administrative practice and (vii) A short summary of the subject [EPA–HQ–OPPT–2020–0251; FRL–10021– procedure. 77] matter covered at the beginning of the Signing Authority guidance document; and RIN 2070–AB27 Denis McDonough, Secretary of * * * * * Significant New Use Rules on Certain Veterans Affairs, approved this (b) Significant guidance documents. Chemical Substances (20–6.B) document on April 15, 2021, and VA will refer to the Administrator of the authorized the undersigned to sign and Office of Information and Regulatory AGENCY: Environmental Protection submit the document to the Office of the Affairs (OIRA) within the Office of Agency (EPA). Federal Register for publication Management and Budget, or the ACTION: Final rule. electronically as an official document of Administrator’s designee, the question the Department of Veterans Affairs. SUMMARY: EPA is issuing significant new of whether a guidance document is use rules (SNURs) under the Toxic Luvenia Potts, significant. Significant guidance Substances Control Act (TSCA) for Regulation Development Coordinator, Office documents should contain the chemical substances which were the of Regulation Policy & Management, Office disclaimer and information described in subject of premanufacture notices of the Secretary, Department of Veterans paragraph (a) of this section. Affairs. (PMNs). This action requires persons to Additionally, unless the Administrator notify EPA at least 90 days before For the reasons stated in the of OIRA, pursuant to review under E.O. commencing manufacture (defined by preamble, the Department of Veterans 12866, and VA agree that exigency, statute to include import) or processing Affairs amends 38 CFR part 5 as follows: safety, health, or other compelling cause of any of these chemical substances for warrants an exemption, the following an activity that is designated as a PART 5—ADMINISTRATIVE additional procedures apply: significant new use by this rule. This PROCEDURES: GUIDANCE action further requires that persons not DOCUMENTS (1) The Secretary or a VA component head appointed by the President (with commence manufacture or processing for the significant new use until they ■ 1. The authority citation for part 5 is or without confirmation by the Senate), have submitted a Significant New Use revised to read as follows: or by an official who is serving in an Notice (SNUN), EPA has conducted a acting capacity as either of the Authority: 38 U.S.C. 501; E.O. 12866, 58 review of the notice, made an foregoing, must approve any significant FR 51735, 3 CFR, 1993 Comp., p. 638. appropriate determination on the notice, guidance document prior to issuance. ■ 2. Revise § 5.0 to read as follows: and has taken any risk management This approval authority is not delegable. actions as are required as a result of that § 5.0 Purpose. * * * * * determination. This part provides the Department of (3) Significant guidance documents DATES: This rule is effective on August Veterans Affairs’ (VA’s) processes and must comply with the applicable 6, 2021. For purposes of judicial review, procedures for issuing and managing requirements set forth in Executive this rule shall be promulgated at 1 p.m. guidance documents. Orders 12866, 13563, and 13609. (e.s.t.) on June 21, 2021. ■ FOR FURTHER INFORMATION CONTACT: 3. Amend § 5.15 as follows: ■ 4. Revise § 5.20(c) to read as follows: For ■ a. Revise the first sentence of technical information contact: William paragraph (a)(1); § 5.20 Procedures for petition for the Wysong, New Chemicals Division ■ b. Revise the introductory text of withdrawal or modification of a guidance (7405M), Office of Pollution Prevention paragraph (a)(2); document. and Toxics, Environmental Protection ■ c. Revise paragraph (a)(2)(vii); * * * * * Agency, 1200 Pennsylvania Ave. NW, ■ d. Remove paragraph (a)(2)(viii); Washington, DC 20460–0001; telephone (c) VA will seek to provide a response number: (202) 564–4163; email address: ■ e. Redesignate paragraph (a)(2)(ix) as to a petition within 90 days of receipt [email protected]. paragraph (a)(2)(viii); of the request. For general information contact: The ■ f. Revise the introductory text of ■ 5. Revise § 5.25 to read as follows: TSCA-Hotline, ABVI-Goodwill, 422 paragraph (b); South Clinton Ave., Rochester, NY ■ g. Remove paragraph (b)(1); § 5.25 Guidance website. 14620; telephone number: (202) 554– ■ h. Redesignate paragraphs (b)(2) VA has a guidance website that 1404; email address: TSCA-Hotline@ through (b)(4) as paragraphs (b)(1) epa.gov. through (3); and contains, or links to, guidance SUPPLEMENTARY INFORMATION: ■ i. Revise newly redesignated documents that are currently in effect. paragraphs (b)(1) and (3). The website can be found at the I. General Information The revisions read as follows: following address: www.va.gov/orpm/ va_guidance_documents.asp. A. Does this action apply to me? § 5.15 Procedures for issuing guidance [FR Doc. 2021–11835 Filed 6–4–21; 8:45 am] You may be potentially affected by documents. BILLING CODE 8320–01–P this action if you manufacture, process, (a) General. (1) Each guidance or use the chemical substances document should clearly and contained in this rule. The following list prominently state that it does not bind of North American Industrial the public, except as authorized by law Classification System (NAICS) codes is or as incorporated into a contract. * * * not intended to be exhaustive, but rather

VerDate Sep<11>2014 16:24 Jun 04, 2021 Jkt 253001 PO 00000 Frm 00034 Fmt 4700 Sfmt 4700 E:\FR\FM\07JNR1.SGM 07JNR1 khammond on DSKJM1Z7X2PROD with RULES Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Rules and Regulations 30185

provides a guide to help readers 151, P–18–271, P–19–19, P–19–88, P– can commence. If EPA determines that determine whether this document 19–109, P–20–36, P–20–37, and P–20– the significant new use is not likely to applies to them. Potentially affected 38. These SNURs require persons who present an unreasonable risk, EPA is entities may include: intend to manufacture or process any of required under TSCA section 5(g) to • Manufacturers or processors of one these chemical substances for an make public, and submit for publication or more subject chemical substances activity that is designated as a in the Federal Register, a statement of (NAICS codes 325 and 324110), e.g., significant new use to notify EPA at EPA’s findings. least 90 days before commencing that chemical manufacturing and petroleum III. Significant New Use Determination refineries. activity. This action may also affect certain Previously, in the Federal Register of A. Determination Factors entities through pre-existing import June 15, 2020 (85 FR 36175) (FRL– TSCA section 5(a)(2) states that EPA’s certification and export notification 10010–40), EPA proposed SNURs for determination that a use of a chemical rules under TSCA, which would these chemical substances in 40 CFR substance is a significant new use must include the SNUR requirements. part 721 subpart E. More information on be made after consideration of all Chemical importers are subject to the the specific chemical substances subject relevant factors, including: TSCA section 13 (15 U.S.C. 2612) to this final rule can be found in the • The projected volume of import provisions. The EPA policy in Federal Register documents proposing manufacturing and processing of a support of import certification appears the SNURs. The record for these SNURs chemical substance. at 40 CFR part 707, subpart B. In was established in the docket under • The extent to which a use changes addition, pursuant to 40 CFR 721.20, docket ID number EPA–HQ–OPPT– the type or form of exposure of human any persons who export or intend to 2020–0251. That docket includes beings or the environment to a chemical export a chemical substance that is the information considered by the Agency substance. subject of this rule are subject to the in developing the proposed and final • The extent to which a use increases export notification provisions of TSCA rules. EPA received public comments on the magnitude and duration of exposure section 12(b) (15 U.S.C. 2611(b)), and this rule, as described in Unit IV. of human beings or the environment to must comply with the export a chemical substance. B. What is the Agency’s authority for • notification requirements in 40 CFR part taking this action? The reasonably anticipated manner 707, subpart D. and methods of manufacturing, TSCA section 5(a)(2) (15 U.S.C. processing, distribution in commerce, B. How can I access the docket? 2604(a)(2)) authorizes EPA to determine and disposal of a chemical substance. The docket includes information that a use of a chemical substance is a In determining what would constitute considered by the Agency in developing ‘‘significant new use.’’ EPA must make a significant new use for the chemical the proposed and final rules. The docket this determination by rule after substances that are the subject of these for this action, identified by docket considering all relevant factors, SNURs, EPA considered relevant identification (ID) number EPA–HQ– including the four TSCA section 5(a)(2) information about the toxicity of the OPPT–2020–0251, is available at http:// factors listed in Unit III. chemical substances, and potential www.regulations.gov or at the Office of C. How do the of general provisions human exposures and environmental Pollution Prevention and Toxics Docket apply to this action? releases that may be associated with the substances, in the context of the four (OPPT Docket), Environmental General provisions for SNURs appear Protection Agency Docket Center (EPA/ bulleted TSCA section 5(a)(2) factors in 40 CFR part 721, subpart A. These listed in this unit. During its review of DC), West William Jefferson Clinton provisions describe persons subject to Bldg., Rm. 3334, 1301 Constitution Ave. these chemicals, EPA identified certain the rule, recordkeeping requirements, conditions of use that are not intended NW, Washington, DC. The Public exemptions to reporting requirements, Reading Room is open from 8:30 a.m. to by the submitters, but reasonably and applicability of the rule to uses foreseen to occur. EPA is designating 4:30 p.m., Monday through Friday, occurring before the effective date of the excluding legal holidays. The telephone those reasonably foreseen conditions of rule. Provisions relating to user fees use as well as certain other number for the Public Reading Room is appear at 40 CFR part 700. Pursuant to (202) 566–1744, and the telephone circumstances of use as significant new 40 CFR 721.1(c), persons subject to uses. number for the OPPT Docket is (202) these SNURs must comply with the 566–0280. Please review the visitor same SNUN requirements and EPA B. Procedures for Significant New Uses instructions and additional information regulatory procedures as submitters of Claimed as Confidential Business about the docket available at http:// PMNs under TSCA section 5(a)(1)(A) Information (CBI) www.epa.gov/dockets. (15 U.S.C. 2604(a)(1)(A)). In particular, By this rule, EPA is establishing Due to the public health emergency, these requirements include the certain significant new uses which have the EPA Docket Center (EPA/DC) and information submission requirements of been claimed as CBI subject to Agency Reading Room is closed to visitors with TSCA sections 5(b) and 5(d)(1) (15 confidentiality regulations at 40 CFR limited exceptions. The staff continues U.S.C. 2604(b) and 2604(d)(1)), the part 2 and 40 CFR part 720, subpart E. to provide remote customer service via exemptions authorized by TSCA Absent a final determination or other email, phone, and webform. For the sections 5(h)(1), 5(h)(2), 5(h)(3), and disposition of the confidentiality claim latest status information on EPA/DC 5(h)(5) and the regulations at 40 CFR under 40 CFR part 2 procedures, EPA is services and docket access, visit https:// part 720. Once EPA receives a SNUN, required to keep this information www.epa.gov/dockets. EPA must either determine that the confidential. EPA promulgated a II. Background significant new use is not likely to procedure to deal with the situation present an unreasonable risk of injury or where a specific significant new use is A. What action is the Agency taking? take such regulatory action as is CBI, at 40 CFR 721.1725(b)(1) and has EPA is finalizing SNURs under TSCA associated with an alternative referenced it to apply to other SNURs. section 5(a)(2) for chemical substances determination before manufacture or Under these procedures a which were the subject of PMNs P–18– processing for the significant new use manufacturer or processor may request

VerDate Sep<11>2014 16:24 Jun 04, 2021 Jkt 253001 PO 00000 Frm 00035 Fmt 4700 Sfmt 4700 E:\FR\FM\07JNR1.SGM 07JNR1 khammond on DSKJM1Z7X2PROD with RULES 30186 Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Rules and Regulations

EPA to determine whether a specific use information for each chemical TSCA section 5(a)(3)(A) or (B) and take would be a significant new use under substance: the required regulatory action associated the rule. The manufacturer or processor • PMN number. with the determination, before must show that it has a bona fide intent • Chemical name (generic name, if manufacture or processing for the to manufacture or process the chemical the specific name is claimed as CBI). significant new use of the chemical substance and must identify the specific • Chemical Abstracts Service (CAS) substance can occur. use for which it intends to manufacture Registry number (if assigned for non- • To be able to complete its review or process the chemical substance. If confidential chemical identities). and determination on each of the PMN EPA concludes that the person has • Basis for the SNUR. substances, while deferring analysis on shown a bona fide intent to manufacture • Potentially Useful Information. the significant new uses proposed in or process the chemical substance, EPA • CFR citation assigned in the these rules unless and until the Agency will tell the person whether the use proposed regulatory text, and the final receives a SNUN. identified in the bona fide submission citation assignment is in the regulatory Issuance of a SNUR for a chemical would be a significant new use under text section of this final rule. substance does not signify that the the rule. Since most of the chemical The regulatory text section of these chemical substance is listed on the identities of the chemical substances rules specifies the activities designated TSCA Inventory. Guidance on how to subject to these SNURs are also CBI, as significant new uses. Certain new determine if a chemical substance is on manufacturers and processors can uses, including production volume the TSCA Inventory is available on the combine the bona fide submission limits and other uses designated in the internet at https://www.epa.gov/tsca- under the procedure in 40 CFR rules, may be claimed as CBI. inventory. 721.1725(b)(1) with that under 40 CFR VI. Rationale and Objectives of the Rule VII. Applicability of the Rules to Uses 721.11 into a single step. Occurring Before the Effective Date of If EPA determines that the use A. Rationale the Final Rule identified in the bona fide submission During review of the PMNs submitted To establish a significant new use, would not be a significant new use, i.e., for the chemical substances that are the EPA must determine that the use is not the use does not meet the criteria subject of these SNURs and as further ongoing. The chemical substances specified in the rule for a significant discussed in Unit IV. of the proposed subject to this rule were undergoing new use, that person can manufacture or rule, EPA identified certain other premanufacture review at the time of process the chemical substance so long reasonably foreseen conditions of use in signature of the proposed rule and were as the significant new use trigger is not addition to those conditions of use not on the TSCA inventory. In cases met. In the case of a production volume intended by the submitter. EPA has where EPA has not received a notice of trigger, this means that the production determined that the chemical under the commencement (NOC) and the chemical volume limit is not exceeded by the intended conditions of use is not likely substance has not been added to the amount identified in the bona fide to present an unreasonable risk. TSCA Inventory, no person may submission to EPA. Because of However, EPA has not assessed risks commence such activities without first confidentiality concerns, EPA does not associated with the reasonably foreseen submitting a PMN. Therefore, for the typically disclose the actual production conditions of use. EPA is designating chemical substances subject to these volume that constitutes the use trigger. these conditions of use as well as SNURs EPA concluded at the time of Thus, if the person later intends to certain other circumstances of use as signature of the proposed rule that the exceed that volume, a new bona fide significant new uses. As a result, those designated significant new uses were submission would be necessary to significant new uses cannot occur not ongoing. determine whether that higher volume without going through a separate, EPA designated June 2, 2020 (the date would be a significant new use. subsequent EPA review and of the web posting of the proposed rule) IV. Public Comments on Proposed Rule determination process associated with a as the cutoff date for determining and EPA Responses SNUN. whether the new use is ongoing. The B. Objectives objective of EPA’s approach is to ensure EPA received public comments from that a person cannot defeat a SNUR by four identifying entities on the proposed EPA is issuing these SNURs because initiating a significant new use before rule. The Agency’s responses to three of the Agency wants: the effective date of the final rule. these comments are described in a • To have an opportunity to review Persons who began commercial separate Response to Public Comments and evaluate data submitted in a SNUN manufacture or processing of the document that is available in the public before the notice submitter begins chemical substances for a significant docket for this rulemaking. EPA made manufacturing or processing a listed new use identified on or after that date changes to one of the proposed rules, as chemical substance for the described will have to cease any such activity described in the response to comments. significant new use. upon the effective date of the final rule. EPA also received three anonymous • To be obligated to make a To resume their activities, these persons comments. These three anonymous determination under TSCA section would have to first comply with all comments and the fourth identifying 5(a)(3) regarding the use described in applicable SNUR notification entity comment were general in nature the SNUN, under the conditions of use. requirements and EPA would have to and did not pertain to the proposed The Agency will either determine under take action under section 5 allowing rule; therefore, no response is required. TSCA section 5(a)(3)(C) that the manufacture or processing to proceed. significant new use is not likely to V. Substances Subject to This Rule present an unreasonable risk, including VIII. Development and Submission of EPA is establishing significant new an unreasonable risk to a potentially Information use and recordkeeping requirements for exposed or susceptible subpopulation EPA recognizes that TSCA section 5 chemical substances in 40 CFR part 721, identified as relevant by the does not require development of any subpart E. In Unit IV. of the proposed Administrator under the conditions of particular new information (e.g., SNUR, EPA provided the following use, or make a determination under generating test data) before submission

VerDate Sep<11>2014 16:24 Jun 04, 2021 Jkt 253001 PO 00000 Frm 00036 Fmt 4700 Sfmt 4700 E:\FR\FM\07JNR1.SGM 07JNR1 khammond on DSKJM1Z7X2PROD with RULES Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Rules and Regulations 30187

of a SNUN. There is an exception: If a • Human exposure and already been approved by OMB person is required to submit information environmental release that may result pursuant to PRA under OMB control for a chemical substance pursuant to a from the significant new use of the number 2070–0012 (EPA ICR No. 574). rule, Order or consent agreement under chemical substances. This action does not impose any burden TSCA section 4 (15 U.S.C. 2603), then requiring additional OMB approval. If IX. SNUN Submissions TSCA section 5(b)(1)(A) (15 U.S.C. an entity were to submit a SNUN to the 2604(b)(1)(A)) requires such information According to 40 CFR 721.1(c), persons Agency, the annual burden is estimated to be submitted to EPA at the time of submitting a SNUN must comply with to average between 30 and 170 hours submission of the SNUN. the same notification requirements and per response. This burden estimate In the absence of a rule, Order, or EPA regulatory procedures as persons includes the time needed to review consent agreement under TSCA section submitting a PMN, including instructions, search existing data 4 covering the chemical substance, submission of test data on health and sources, gather and maintain the data persons are required only to submit environmental effects as described in 40 needed, and complete, review, and information in their possession or CFR 720.50. SNUNs must be submitted submit the required SNUN. control and to describe any other on EPA Form No. 7710–25, generated The listing of the OMB control information known to or reasonably using e-PMN software, and submitted to numbers of the collection instruments ascertainable by them (see 40 CFR the Agency in accordance with the and their subsequent codification in the 720.50). However, upon review of PMNs procedures set forth in 40 CFR 720.40 table in 40 CFR 9.1 satisfies the display and SNUNs, the Agency has the and 721.25. E–PMN software is requirements of the PRA and OMB’s authority to require appropriate testing. available electronically at https:// implementing regulations at 5 CFR part Unit IV. of the proposed rule lists www.epa.gov/reviewing-new-chemicals- 1320. Since this ICR was previously potentially useful information for all under-toxic-substances-control-act-tsca. subject to public notice and comment prior to OMB approval, and given the SNURs listed here. Descriptions are X. Economic Analysis provided for informational purposes. technical nature of the table in 40 CFR The potentially useful information EPA has evaluated the potential costs part 9, EPA finds that further notice and identified in Unit IV. of the proposed of establishing SNUN requirements for comment to amend it is unnecessary. As rule will be useful to EPA’s evaluation potential manufacturers and processors a result, EPA finds that there is ‘‘good in the event that someone submits a of the chemical substances subject to cause’’ under section 553(b)(3)(B) of the SNUN for the significant new use. this rule. EPA’s complete economic Administrative Procedure Act (5 U.S.C. Companies who are considering analysis is available in the docket for 553(b)(3)(B)) to amend this table in 40 submitting a SNUN are encouraged, but this rulemaking. CFR 9.1 without further notice and comment. not required, to develop the information XI. Statutory and Executive Order on the substance, which may assist with Reviews C. Regulatory Flexibility Act (RFA) EPA’s analysis of the SNUN. Additional information about these Pursuant to RFA section 605(b) et EPA strongly encourages persons, statutes and Executive orders can be seq., I hereby certify that promulgation before performing any testing, to consult found at https://www.epa.gov/laws- of this SNUR would not have a with the Agency pertaining to protocol regulations-and-executive-orders. significant adverse economic impact on election. Furthermore, pursuant to a substantial number of small entities. TSCA section 4(h), which pertains to A. Executive Order 12866: Regulatory The requirement to submit a SNUN reduction of testing in vertebrate Planning and Review and Executive applies to any person (including small animals, EPA encourages consultation Order 13563: Improving Regulations or large entities) who intends to engage with the Agency on the use of and Regulatory Review in any activity described in the final alternative test methods and strategies This action establishes SNURs for rule as a ‘‘significant new use’’. Because (also called New Approach new chemical substances that were the these uses are ‘‘new,’’ based on all Methodologies, or NAMs), if available, subject of PMNs. The Office of information currently available to EPA, to generate the recommended test data. Management and Budget (OMB) has it appears that no small or large entities EPA encourages dialog with Agency exempted these types of actions from presently engage in such activities. A representatives to help determine how review under Executive Orders 12866 SNUR requires that any person who best the submitter can meet both the (58 FR 51735, October 4, 1993) and intends to engage in such activity in the data needs and the objective of TSCA 13563 (76 FR 3821, January 21, 2011). future must first notify EPA by section 4(h). submitting a SNUN. Although some The potentially useful information B. Paperwork Reduction Act (PRA) small entities may decide to pursue a described in Unit IV. of the proposed According to PRA, 44 U.S.C. 3501 et significant new use in the future, EPA rule may not be the only means of seq., an agency may not conduct or cannot presently determine how many, providing information to evaluate the sponsor, and a person is not required to if any, there may be. However, EPA’s chemical substance associated with the respond to a collection of information experience to date is that, in response to significant new uses. However, that requires OMB approval under PRA, the promulgation of SNURs covering submitting a SNUN without any test unless it has been approved by OMB over 1,000 chemicals, the Agency data may increase the likelihood that and displays a currently valid OMB receives only a small number of notices EPA will take action under TSCA control number. The OMB control per year. For example, the number of sections 5(e) or 5(f). EPA recommends numbers for EPA’s regulations in title 40 SNUNs received was seven in Federal that potential SNUN submitters contact of the CFR, after appearing in the fiscal year (FY) 2013, 13 in FY2014, six EPA early enough so that they will be Federal Register, are listed in 40 CFR in FY2015, 12 in FY2016, 13 in FY2017, able to conduct the appropriate tests. part 9, and included on the related and 11 in FY2018. Only a fraction of SNUN submitters should be aware collection instrument or form, if these were from small businesses. In that EPA will be better able to evaluate applicable. addition, the Agency currently offers SNUNs which provide detailed The information collection relief to qualifying small businesses by information on the following: requirements related to this action have reducing the SNUN submission fee from

VerDate Sep<11>2014 16:24 Jun 04, 2021 Jkt 253001 PO 00000 Frm 00037 Fmt 4700 Sfmt 4700 E:\FR\FM\07JNR1.SGM 07JNR1 khammond on DSKJM1Z7X2PROD with RULES 30188 Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Rules and Regulations

$16,000 to $2,800. This lower fee 1997), because this is not an Authority: 7 U.S.C. 135 et seq., 136–136y; reduces the total reporting and economically significant regulatory 15 U.S.C. 2001, 2003, 2005, 2006, 2601–2671; recordkeeping of cost of submitting a action as defined by Executive Order 21 U.S.C. 331j, 346a; 31 U.S.C. 9701; 33 SNUN to about $10,116 for qualifying 12866, and this action does not address U.S.C. 1251 et seq., 1311, 1313d, 1314, 1318, 1321, 1326, 1330, 1342, 1344, 1345(d) and small firms. Therefore, the potential environmental health or safety risks (e), 1361; E.O. 11735, 38 FR 21243, 3 CFR, economic impacts of complying with disproportionately affecting children. 1971–1975 Comp. p. 973; 42 U.S.C. 241, this SNUR are not expected to be H. Executive Order 13211: Actions 242b, 243, 246, 300f, 300g, 300g–1, 300g–2, significant or adversely impact a Concerning Regulations That 300g–3, 300g–4, 300g–5, 300g–6, 300j–1, substantial number of small entities. In 300j–2, 300j–3, 300j–4, 300j–9, 1857 et seq., Significantly Affect Energy Supply, a SNUR that published in the Federal 6901–6992k, 7401–7671q, 7542, 9601–9657, Distribution, or Use Register of June 2, 1997 (62 FR 29684) 11023, 11048. (FRL–5597–1), the Agency presented its This action is not subject to Executive ■ 2. In § 9.1, amend the table by adding general determination that final SNURs Order 13211 (66 FR 28355, May 22, entries for §§ 721.11498 through are not expected to have a significant 2001), because this action is not 721.11505 in numerical order under the economic impact on a substantial expected to affect energy supply, undesignated center heading number of small entities, which was distribution, or use and because this ‘‘Significant New Uses of Chemical provided to the Chief Counsel for action is not a significant regulatory Substances’’ to read as follows: Advocacy of the Small Business action under Executive Order 12866. Administration. § 9.1 OMB Approvals Under the Paperwork I. National Technology Transfer and Reduction Act. D. Unfunded Mandates Reform Act Advancement Act (NTTAA) * * * * * (UMRA) In addition, since this action does not Based on EPA’s experience with involve any technical standards, 40 CFR citation OMB control No. proposing and finalizing SNURs, State, NTTAA section 12(d), 15 U.S.C. 272 local, and Tribal governments have not note, does not apply to this action. been impacted by these rulemakings, ***** J. Executive Order 12898: Federal and EPA does not have any reasons to Actions To Address Environmental Significant New Uses of Chemical believe that any State, local, or Tribal Justice in Minority Populations and Substances government will be impacted by this Low-Income Populations action. As such, EPA has determined that this action does not impose any This action does not entail special ***** enforceable duty, contain any unfunded considerations of environmental justice 721.11498 ...... 2070–0012 mandate, or otherwise have any effect related issues as delineated by 721.11499 ...... 2070–0012 on small governments subject to the Executive Order 12898 (59 FR 7629, 721.11500 ...... 2070–0012 February 16, 1994). 721.11501 ...... 2070–0012 requirements of UMRA sections 202, 721.11502 ...... 2070–0012 203, 204, or 205 (2 U.S.C. 1501 et seq.). K. Congressional Review Act (CRA) 721.11503 ...... 2070–0012 E. Executive Order 13132: Federalism 721.11504 ...... 2070–0012 This action is subject to the CRA (5 721.11505 ...... 2070–0012 This action will not have federalism U.S.C. 801 et seq.), and EPA will submit implications because it is not expected a rule report containing this rule and ***** to have a substantial direct effect on other required information to each States, on the relationship between the House of the Congress and to the * * * * * National Government and the States, or Comptroller General of the United on the distribution of power and States. This action is not a ‘‘major rule’’ PART 721—SIGNIFICANT NEW USES responsibilities among the various as defined by 5 U.S.C. 804(2). OF CHEMICAL SUBSTANCES levels of government, as specified in List of Subjects Executive Order 13132 (64 FR 43255, ■ 3. The authority citation for part 721 August 10, 1999). 40 CFR Part 9 continues to read as follows: F. Executive Order 13175: Consultation Environmental protection, Reporting Authority: 15 U.S.C. 2604, 2607, and 2625(c). and Coordination With Indian Tribal and recordkeeping requirements. ■ 4. Add §§ 721.11498 through Governments 40 CFR Part 721 721.11505 to subpart E to read as This action will not have Tribal Environmental protection, Chemicals, follows: implications because it is not expected Hazardous substances, Reporting and to have substantial direct effects on recordkeeping requirements. Subpart E—Significant New Uses for Indian Tribes, significantly or uniquely Specific Chemical Substances affect the communities of Indian Tribal Dated: May 24, 2021. governments and does not involve or Tala Henry, Sec. impose any requirements that affect Deputy Director, Office of Pollution 721.11498 Formaldehyde, reaction products Indian Tribes. Accordingly, the Prevention and Toxics. with 1,3-benzenedimethanamine and p- tert-butylphenol. requirements of Executive Order 13175 Therefore, for the reasons stated in the ′ (65 FR 67249, November 9, 2000), do 721.11499 2-Propanol, 1-butoxy-, 2,2 -ester preamble, 40 CFR chapter I is amended (generic). not apply to this action. as follows: 721.11500 Haloalkane (generic). G. Executive Order 13045: Protection of 721.11501 Ethanamine, N-ethyl-, 2- PART 9—OMB APPROVALS UNDER Children From Environmental Health hydroxy-1,2,3-propanetricarboxylate THE PAPERWORK REDUCTION ACT and Safety Risks (1:?). 721.11502 Copper, [[2,2′,2″-(nitrilo- This action is not subject to Executive ■ 1. The authority citation for part 9 .kappa.N)tris[ethanolato-.kappa.O]](2-)]- Order 13045 (62 FR 19885, April 23, continues to read as follows: (P–19–109, chemical A).

VerDate Sep<11>2014 16:24 Jun 04, 2021 Jkt 253001 PO 00000 Frm 00038 Fmt 4700 Sfmt 4700 E:\FR\FM\07JNR1.SGM 07JNR1 khammond on DSKJM1Z7X2PROD with RULES Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Rules and Regulations 30189

721.11503 Copper, bis[2-(amino- weight fraction greater than 8% in the ethanamine, N-ethyl-, 2-hydroxy-1,2,3- .kappa.N)ethanolato-.kappa.O]- (P–19– final formulation. propanetricarboxylate (1:?) (PMN P–19– 109, chemical B). (ii) [Reserved] 88; CAS No. 23251–73–2) is subject to 721.11504 Carbonic acid, di(lithium-6Li) (b) Specific requirements. The reporting under this section for the salt. provisions of subpart A of this part significant new uses described in 721.11505 Lithium chloride (6LiCl). apply to this section except as modified paragraph (a)(2) of this section. * * * * * by this paragraph (b). (2) The significant new uses are: § 721.11498 Formaldehyde, reaction (1) Recordkeeping. Recordkeeping (i) Industrial, commercial, and products with 1,3-benzenedimethanamine requirements as specified in consumer activities. It is a significant and p-tert-butylphenol. § 721.125(a) through (c), and (i) are new use to manufacture, process, or use (a) Chemical substance and applicable to manufacturers and the PMN substance in a manner that significant new uses subject to reporting. processors of this substance. results in inhalation exposure. (ii) Release to water. Requirements as (1) The chemical substance identified as (2) Limitation or revocation of certain specified in § 721.90(a)(4), (b)(4) and formaldehyde, reaction products with notification requirements. The (c)(4), where N=46. 1,3-benzenedimethanamine and p-tert- provisions of § 721.185 apply to this section. (b) Specific requirements. The butylphenol (PMN P–18–151; CAS No. provisions of subpart A of this part 158800–93–2) is subject to reporting § 721.11500 Haloalkane (generic). apply to this section except as modified under this section for the significant (a) Chemical substance and by this paragraph (b). new uses described in paragraph (a)(2) significant new uses subject to reporting. (1) Recordkeeping. Recordkeeping of this section. (1) The chemical substance generically requirements as specified in (2) The significant new uses are: identified as haloalkane (PMN P–19–19) § 721.125(a) through (c), (i), and (k) are (i) Industrial, commercial, and is subject to reporting under this section applicable to manufacturers and consumer activities. It is a significant for the significant new uses described in processors of this substance. new use to manufacture, process, or use paragraph (a)(2) of this section. (2) Limitation or revocation of certain the PMN substance in a manner that (2) The significant new uses are: notification requirements. The results in inhalation exposure. (i) Protection in the workplace. provisions of § 721.185 apply to this (ii) Release to water. Requirements as Requirements as specified in section. specified in § 721.90(a)(4), (b)(4) and § 721.63(a)(4) through (6), and (c). When (c)(4), where N=1. § 721.11502 Copper, [[2,2′,2″-(nitrilo- determining which persons are .kappa.N)tris[ethanolato-.kappa.O]](2-)]-. (b) Specific requirements. The reasonably likely to be exposed as (a) Chemical substance and provisions of subpart A of this part required for § 721.63(a)(4), engineering significant new uses subject to reporting. apply to this section except as modified control measures (e.g., enclosure or (1) The chemical substance identified as by this paragraph (b). confinement of the operation, general copper, [[2,2′,2″-(nitrilo- (1) Recordkeeping. Recordkeeping and local ventilation) or administrative .kappa.N)tris[ethanolato-.kappa.O]](2-)]- requirements as specified in control measures (e.g., workplace (PMN P–19–109, chemical A; CAS No. § 721.125(a) through (c), (i), and (k) are policies and procedures) shall be 21545–60–8) is subject to reporting applicable to manufacturers and considered and implemented to prevent under this section for the significant processors of this substance. exposure, where feasible. For purposes new uses described in paragraph (a)(2) (2) Limitation or revocation of certain of § 721.63(a)(5), respirators must of this section. notification requirements. The provide a National Institute for provisions of § 721.185 apply to this (2) The significant new uses are: Occupational Safety and Health (i) Industrial, commercial, and section. (NIOSH) assigned protection factor consumer activities. Requirements as § 721.11499 2-Propanol, 1-butoxy-, 2,2′- (APF) of at least 1,000. For purposes of specified in § 721.80(o). It is a ester (generic). § 721.63(a)(6), the airborne form(s) of significant new use to manufacture, the substance include particulate (a) Chemical substance and process, or use the PMN substance in a (including solids or liquid droplets). significant new uses subject to reporting. manner that results in inhalation (ii) Release to water. Requirements as exposure. (1) The chemical substance generically specified in § 721.90(a)(4), (b)(4) and identified as 2-propanol, 1-butoxy-, 2,2′- (ii) Release to water. Requirements as (c)(4), where N=23. specified in § 721.90(a)(4), (b)(4) and ester (PMN P–18–271) is subject to (b) Specific requirements. The reporting under this section for the (c)(4), where N=3. provisions of subpart A of this part (b) Specific requirements. The significant new uses described in apply to this section except as modified paragraph (a)(2) of this section. provisions of subpart A of this part by this paragraph (b). apply to this section except as modified (2) The significant new uses are: (1) Recordkeeping. Recordkeeping (i) Industrial, commercial, and by this paragraph (b). requirements as specified in (1) Recordkeeping. Recordkeeping consumer activities. It is a significant § 721.125(a) through (d), and (k) are requirements as specified in new use to use the PMN substance other applicable to manufacturers and § 721.125(a) through (c), (i), and (k) are than as a film-forming coalescent for processors of this substance. applicable to manufacturers and architectural coatings; for automotive (2) Limitation or revocation of certain processors of this substance. OEM coatings; for can and coil coatings; notification requirements. The (2) Limitation or revocation of certain for industrial wood coatings; for floor provisions of § 721.185 apply to this notification requirements. The polishes, for industrial maintenance section. provisions of § 721.185 apply to this coatings; for marine and wood coatings; section. for transportation coatings; for use in § 721.11501 Ethanamine, N-ethyl-, 2- printing inks; or as a chemical hydroxy-1,2,3-propanetricarboxylate (1:?). § 721.11503 Copper, bis[2-(amino- intermediate to prepare ester (a) Chemical substance and .kappa.N)ethanolato-.kappa.O]-. plasticizers. It is a significant new use significant new uses subject to reporting. (a) Chemical substance and to process the PMN substance to a (1) The chemical substance identified as significant new uses subject to reporting.

VerDate Sep<11>2014 16:24 Jun 04, 2021 Jkt 253001 PO 00000 Frm 00039 Fmt 4700 Sfmt 4700 E:\FR\FM\07JNR1.SGM 07JNR1 khammond on DSKJM1Z7X2PROD with RULES 30190 Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Rules and Regulations

(1) The chemical substance identified as § 721.11505 Lithium chloride (6LiCl). review of the notice, made an copper, bis[2-(amino- (a) Chemical substance and appropriate determination on the notice, .kappa.N)ethanolato-.kappa.O]- (PMN significant new uses subject to reporting. and has taken any risk management P–19–109, chemical B; CAS No. 14215– (1) The chemical substance identified as actions as are required as a result of that 52–2) is subject to reporting under this lithium chloride (6LiCl) (PMN P–20–37; determination. section for the significant new uses CAS No. 20227–31–0) is subject to DATES: This rule is effective on August described in paragraph (a)(2) of this reporting under this section for the 6, 2021. For purposes of judicial review, section. significant new uses described in this rule shall be promulgated at 1 p.m. (2) The significant new uses are: paragraph (a)(2) of this section. (e.s.t.) on June 21, 2021. (i) Industrial, commercial, and (2) The significant new uses are: FOR FURTHER INFORMATION CONTACT: consumer activities. Requirements as (i) Industrial, commercial, and For technical information contact: specified in § 721.80(o). It is a consumer activities. Requirements as William Wysong, New Chemicals significant new use to manufacture, specified in § 721.80(j). Division (7405M), Office of Pollution process, or use the PMN substance in a (ii) [Reserved] Prevention and Toxics, Environmental matter that results in inhalation (b) Specific requirements. The Protection Agency, 1200 Pennsylvania exposure. provisions of subpart A of this part Ave. NW, Washington, DC 20460–0001; (ii) Release to water. Requirements as apply to this section except as modified telephone number: (202) 564–4163; specified in § 721.90(a)(4), (b)(4) and by this paragraph (b). email address: [email protected]. (c)(4), where N=3. (1) Recordkeeping. Recordkeeping For general information contact: The TSCA-Hotline, ABVI-Goodwill, 422 (b) Specific requirements. The requirements as specified in South Clinton Ave., Rochester, NY provisions of subpart A of this part § 721.125(a) through (c), and (i) are 14620; telephone number: (202) 554– apply to this section except as modified applicable to manufacturers and 1404; email address: TSCA-Hotline@ by this paragraph (b). processors of this substance. (2) Limitation or revocation of certain epa.gov. (1) Recordkeeping. Recordkeeping notification requirements. The requirements as specified in SUPPLEMENTARY INFORMATION: provisions of § 721.185 apply to this § 721.125(a) through (c), (i), and (k) are section. I. General Information applicable to manufacturers and (3) Determining whether a specific use processors of this substance. A. Does this action apply to me? is subject to this section. The provisions You may be potentially affected by (2) Limitation or revocation of certain of § 721.1725(b)(1) apply to paragraph this action if you manufacture, process, notification requirements. The (a)(2)(i) of this section. provisions of § 721.185 apply to this or use the chemical substances section. * * * * * contained in this rule. The following list [FR Doc. 2021–11765 Filed 6–4–21; 8:45 am] of North American Industrial § 721.11504 Carbonic acid, di(lithium-6Li) BILLING CODE 6560–50–P Classification System (NAICS) codes is salt. not intended to be exhaustive, but rather (a) Chemical substance and provides a guide to help readers ENVIRONMENTAL PROTECTION significant new uses subject to reporting. determine whether this document AGENCY (1) The chemical substance identified as applies to them. Potentially affected carbonic acid, di(lithium-6Li) salt (PMN 40 CFR Parts 9 and 721 entities may include: P–20–36; CAS No. 25890–20–4) is • Manufacturers or processors of one subject to reporting under this section [EPA–HQ–OPPT–2020–0222; FRL–10018– or more subject chemical substances for the significant new uses described in 77] (NAICS codes 25 and 324110), e.g., paragraph (a)(2) of this section. RIN 2070–AB27 chemical manufacturing and petroleum (2) The significant new uses are: refineries. (i) Industrial, commercial, and Significant New Use Rules on Certain This action may also affect certain consumer activities. It is a significant Chemical Substances (20–5.B) entities through pre-existing import new use to use the chemical substance certification and export notification AGENCY: Environmental Protection other than as a chemical intermediate rules under TSCA, which would Agency (EPA). for manufacture of 6-Lithium halide include the SNUR requirements. scintillation crystals for use in radiation ACTION: Final rule. Chemical importers are subject to the detection. TSCA section 13 (15 U.S.C. 2612) SUMMARY: EPA is issuing significant new import provisions. The EPA policy in (ii) Release to water. Requirements as use rules (SNURs) under the Toxic support of import certification appears specified in § 721.90(a)(4), (b)(4) and Substances Control Act (TSCA) for at 40 CFR part 707, subpart B. In (c)(4), where N=35. chemical substances which were the addition, pursuant to 40 CFR 721.20, (b) Specific requirements. The subject of premanufacture notices any persons who export or intend to provisions of subpart A of this part (PMNs). This action requires persons to export a chemical substance that is the apply to this section except as modified notify EPA at least 90 days before subject of this rule are subject to the by this paragraph (b). commencing manufacture (defined by export notification provisions of TSCA (1) Recordkeeping. Recordkeeping statute to include import) or processing section 12(b) (15 U.S.C. 2611(b)), and requirements as specified in of any of these chemical substances for must comply with the export § 721.125(a) through (c), (i), and (k) are an activity that is designated as a notification requirements in 40 CFR part applicable to manufacturers and significant new use by this rule. This 707, subpart D. processors of this substance. action further requires that persons not (2) Limitation or revocation of certain commence manufacture or processing B. How can I access the docket? notification requirements. The for the significant new use until they The docket includes information provisions of § 721.185 apply to this have submitted a Significant New Use considered by the Agency in developing section. Notice (SNUN), EPA has conducted a the proposed and final rules. The docket

VerDate Sep<11>2014 16:24 Jun 04, 2021 Jkt 253001 PO 00000 Frm 00040 Fmt 4700 Sfmt 4700 E:\FR\FM\07JNR1.SGM 07JNR1 khammond on DSKJM1Z7X2PROD with RULES Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Rules and Regulations 30191

for this action, identified by docket C. Do the SNUR general provisions substances, in the context of the four identification (ID) number EPA–HQ– apply? bulleted TSCA section 5(a)(2) factors OPPT–2020–0222, is available at General provisions for SNURs appear listed in this unit. During its review of https://www.regulations.gov and at the in 40 CFR part 721, subpart A. These these chemicals, EPA identified certain Office of Pollution Prevention and provisions describe persons subject to conditions of use that are not intended Toxics Docket (OPPT Docket), the rule, recordkeeping requirements, by the submitters, but reasonably Environmental Protection Agency exemptions to reporting requirements, foreseen to occur. EPA is designating Docket Center (EPA/DC), West William and applicability of the rule to uses those reasonably foreseen conditions of Jefferson Clinton Bldg., Rm. 3334, 1301 occurring before the effective date of the use as well as certain other Constitution Ave. NW, Washington, DC. rule. Provisions relating to user fees circumstances of use as significant new The Public Reading Room is open from appear at 40 CFR part 700. Pursuant to uses. 8:30 a.m. to 4:30 p.m., Monday through 40 CFR 721.1(c), persons subject to these B. Procedures for Significant New Uses Friday, excluding legal holidays. The SNURs must comply with the same Claimed as Confidential Business telephone number for the Public SNUN requirements and EPA regulatory Information (CBI) Reading Room is (202) 566–1744, and procedures as submitters of PMNs under By this rule, EPA is establishing the telephone number for the OPPT TSCA section 5(a)(1)(A). In particular, Docket is (202) 566–0280. Please review certain significant new uses which have these requirements include the been claimed as CBI subject to Agency the visitor instructions and additional information submission requirements of information about the docket available confidentiality regulations at 40 CFR TSCA sections 5(b) and 5(d)(1), the part 2 and 40 CFR part 720, subpart E. at https://www.epa.gov/dockets. exemptions authorized by TSCA Due to the public health emergency, Absent a final determination or other sections 5(h)(1), 5(h)(2), 5(h)(3), and disposition of the confidentiality claim the EPA Docket Center (EPA/DC) and 5(h)(5) and the regulations at 40 CFR Reading Room is closed to visitors with under 40 CFR part 2 procedures, EPA is part 720. Once EPA receives a SNUN, required to keep this information limited exceptions. The staff continues EPA must either determine that the to provide remote customer service via confidential. EPA promulgated a significant new use is not likely to procedure to deal with the situation email, phone, and webform. For the present an unreasonable risk of injury or latest status information on EPA/DC where a specific significant new use is take such regulatory action as is CBI, at 40 CFR 721.1725(b)(1) and has services and docket access, visit https:// associated with an alternative www.epa.gov/dockets. referenced it to apply to other SNURs. determination before manufacture or Under these procedures a II. Background processing for the significant new use manufacturer or processor may request can commence. If EPA determines that EPA to determine whether a specific use A. What action is the Agency taking? the significant new use is not likely to would be a significant new use under EPA is finalizing SNURs under TSCA present an unreasonable risk, EPA is the rule. The manufacturer or processor section 5(a)(2) for chemical substances required under TSCA section 5(g) to must show that it has a bona fide intent which were the subject of PMNs P–17– make public, and submit for publication to manufacture or process the chemical 86, P–17–294, P–18–262, P–19–136, P– in the Federal Register, a statement of substance and must identify the specific 19–174, P–20–41, and P–20–52. These EPA’s findings. use for which it intends to manufacture SNURs require persons who intend to III. Significant New Use Determination or process the chemical substance. If manufacture or process any of these EPA concludes that the person has chemical substances for an activity that A. Determination Factors shown a bona fide intent to manufacture is designated as a significant new use to TSCA section 5(a)(2) states that EPA’s or process the chemical substance, EPA notify EPA at least 90 days before determination that a use of a chemical will tell the person whether the use commencing that activity. substance is a significant new use must identified in the bona fide submission Previously, in the Federal Register of be made after consideration of all would be a significant new use under May 19, 2020 (85 FR 29907) (FRL– relevant factors, including: the rule. Since most of the chemical 10009–17), EPA proposed SNURs for • The projected volume of identities of the chemical substances these chemical substances. More manufacturing and processing of a subject to these SNURs are also CBI, information on the specific chemical chemical substance. manufacturers and processors can substances subject to this final rule can • The extent to which a use changes combine the bona fide submission be found in the Federal Register the type or form of exposure of human under the procedure in 40 CFR document proposing the SNURs. The beings or the environment to a chemical 721.1725(b)(1) with that under 40 CFR docket includes information considered substance. 721.11 into a single step. by the Agency in developing the • The extent to which a use increases If EPA determines that the use proposed and final rules, including the the magnitude and duration of exposure identified in the bona fide submission public comments received on the of human beings or the environment to would not be a significant new use, i.e., proposed rules that are described in a chemical substance. the use does not meet the criteria Unit IV. • The reasonably anticipated manner specified in the rule for a significant and methods of manufacturing, new use, that person can manufacture or B. What is the Agency’s authority for processing, distribution in commerce, process the chemical substance so long taking this action? and disposal of a chemical substance. as the significant new use trigger is not TSCA section 5(a)(2) (15 U.S.C. In determining what would constitute met. In the case of a production volume 2604(a)(2)) authorizes EPA to determine a significant new use for the chemical trigger, this means that the production that a use of a chemical substance is a substances that are the subject of these volume limit is not exceeded by the ‘‘significant new use.’’ EPA must make SNURs, EPA considered relevant amount identified in the bona fide this determination by rule after information about the toxicity of the submission to EPA. Because of considering all relevant factors, chemical substances, and potential confidentiality concerns, EPA does not including the four TSCA section 5(a)(2) human exposures and environmental typically disclose the actual production factors listed in Unit III. releases that may be associated with the volume that constitutes the use trigger.

VerDate Sep<11>2014 16:24 Jun 04, 2021 Jkt 253001 PO 00000 Frm 00041 Fmt 4700 Sfmt 4700 E:\FR\FM\07JNR1.SGM 07JNR1 khammond on DSKJM1Z7X2PROD with RULES 30192 Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Rules and Regulations

Thus, if the person later intends to B. Objectives EPA’s approach is to ensure that a exceed that volume, a new bona fide EPA is issuing these SNURs because person cannot defeat a SNUR by submission would be necessary to the Agency wants: initiating a significant new use before determine whether that higher volume • To have an opportunity to review the effective date of the final rule. Persons who began commercial would be a significant new use. and evaluate data submitted in a SNUN manufacture or processing of the before the notice submitter begins IV. Public Comments chemical substances for a significant manufacturing or processing a listed new use identified on or after that date EPA received public comments from chemical substance for the described will have to cease any such activity three identifying entities on the significant new use. upon the effective date of the final rule. proposed rule. The Agency’s responses • To be obligated to make a To resume their activities, these persons are presented in the Response to Public determination under TSCA section would have to first comply with all Comments document that is available in 5(a)(3) regarding the use described in applicable SNUR notification the docket for this rule. EPA made the SNUN, under the conditions of use. requirements and EPA would have to changes to two of the proposed rules, as The Agency will either determine under described in the response to comments. take action under section 5 allowing section 5(a)(3)(C) that the significant manufacture or processing to proceed. V. Substances Subject to This Rule new use is not likely to present an unreasonable risk, including an VIII. Development and Submission of EPA is establishing significant new unreasonable risk to a potentially Information use and recordkeeping requirements for exposed or susceptible subpopulation chemical substances in 40 CFR part 721, EPA recognizes that TSCA section 5 identified as relevant by the does not require development of any subpart E. In Unit IV. of the proposed Administrator under the conditions of particular new information (e.g., SNUR, EPA provided the following use, or make a determination under generating test data) before submission information for each chemical TSCA section 5(a)(3)(A) or (B) and take of a SNUN. There is an exception: If a substance: the required regulatory action associated • person is required to submit information PMN number. with the determination, before for a chemical substance pursuant to a • Chemical name (generic name, if manufacture or processing for the rule, Order or consent agreement under the specific name is claimed as CBI). significant new use of the chemical TSCA section 4, then TSCA section • Chemical Abstracts Service (CAS) substance can occur. 5(b)(1)(A) requires such information to Registry number (if assigned for non- • To be able to complete its review be submitted to EPA at the time of confidential chemical identities). and determination on each of the PMN submission of the SNUN. • Basis for the SNUR. substances, while deferring analysis on In the absence of a rule, Order, or • Potentially useful information. the significant new uses proposed in consent agreement under TSCA section • CFR citation assigned in the these rules unless and until the Agency 4 covering the chemical substance, proposed regulatory text, and the final receives a SNUN. persons are required only to submit citation assignment is in the regulatory Issuance of a SNUR for a chemical information in their possession or text section of this final rule. substance does not signify that the control and to describe any other The regulatory text section of these chemical substance is listed on the information known to or reasonably rules specifies the activities designated TSCA Inventory. Guidance on how to ascertainable by them (see 40 CFR as significant new uses. Certain new determine if a chemical substance is on 720.50). However, upon review of PMNs uses, including production volume the TSCA Inventory is available on the and SNUNs, the Agency has the limits and other uses designated in the internet at https://www.epa.gov/tsca- authority to require appropriate testing. rules, may be claimed as CBI. inventory. Unit IV. of the proposed rule lists potentially useful information for all VII. Applicability of the Rules to Uses VI. Rationale and Objectives of the Rule SNURs listed here. Descriptions are Occurring Before the Effective Date of provided for informational purposes. A. Rationale the Final Rule The potentially useful information During review of the PMNs submitted To establish a significant new use, identified in Unit IV. of the proposed for the chemical substances that are the EPA must determine that the use is not rule will be useful to EPA’s evaluation subject of these SNURs and as further ongoing. The chemical substances in the event that someone submits a discussed in Unit IV. of the proposed subject to this rule were undergoing SNUN for the significant new use. rule, EPA identified certain other premanufacture review at the time of Companies who are considering reasonably foreseen conditions of use in signature of the proposed rule and were submitting a SNUN are encouraged, but addition to those conditions of use not on the TSCA inventory. In cases not required, to develop the information intended by the submitter. EPA has where EPA has not received a notice of on the substance, which may assist with determined the chemical under the commencement (NOC) and the chemical EPA’s analysis of the SNUN. intended conditions of use is not likely substance has not been added to the EPA strongly encourages persons, to present an unreasonable risk. TSCA Inventory, no person may before performing any testing, to consult However, EPA has not assessed risks commence such activities without first with the Agency pertaining to protocol associated with the reasonably foreseen submitting a PMN. Therefore, for the election. Furthermore, pursuant to conditions of use. EPA is designating chemical substances subject to these TSCA section 4(h), which pertains to these conditions of use as well as SNURs EPA concluded at the time of reduction of testing in vertebrate certain other circumstances of use as signature of the proposed rule that the animals, EPA encourages consultation significant new uses. As a result, those designated significant new uses were with the Agency on the use of significant new uses cannot occur not ongoing. alternative test methods and strategies without going through a separate, EPA designated May 4, 2020 (the date (also called New Approach subsequent EPA review and of web posting of the proposed rule) as Methodologies, or NAMs), if available, determination process associated with a the cutoff date for determining whether to generate the recommended test data. SNUN. the new use is ongoing. The objective of EPA encourages dialog with Agency

VerDate Sep<11>2014 16:24 Jun 04, 2021 Jkt 253001 PO 00000 Frm 00042 Fmt 4700 Sfmt 4700 E:\FR\FM\07JNR1.SGM 07JNR1 khammond on DSKJM1Z7X2PROD with RULES Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Rules and Regulations 30193

representatives to help determine how review under Executive Orders 12866 some small entities may decide to best the submitter can meet both the (58 FR 51735, October 4, 1993) and pursue a significant new use in the data needs and the objective of TSCA 13563 (76 FR 3821, January 21, 2011). future, EPA cannot presently determine section 4(h). B. Paperwork Reduction Act (PRA) how many, if any, there may be. The potentially useful information However, EPA’s experience to date is described in Unit IV. of the proposed According to PRA, 44 U.S.C. 3501 et that, in response to the promulgation of rule may not be the only means of seq., an agency may not conduct or SNURs covering over 1,000 chemicals, providing information to evaluate the sponsor, and a person is not required to the Agency receives only a small respond to a collection of information chemical substance associated with the number of notices per year. For that requires OMB approval under PRA, significant new uses. However, example, the number of SNUNs submitting a SNUN without any test unless it has been approved by OMB and displays a currently valid OMB received was seven in Federal fiscal data may increase the likelihood that year (FY) 2013, 13 in FY2014, six in EPA will take action under TSCA control number. The OMB control numbers for EPA’s regulations in title 40 FY2015, 12 in FY2016, 13 in FY2017, sections 5(e) or 5(f). EPA recommends and 11 in FY2018. Only a fraction of that potential SNUN submitters contact of the CFR, after appearing in the these were from small businesses. In EPA early enough so that they will be Federal Register, are listed in 40 CFR addition, the Agency currently offers able to conduct the appropriate tests. part 9, and included on the related SNUN submitters should be aware collection instrument or form, if relief to qualifying small businesses by that EPA will be better able to evaluate applicable. reducing the SNUN submission fee from SNUNs which provide detailed The information collection $16,000 to $2,800. This lower fee information on the following: requirements related to this action have reduces the total reporting and • Human exposure and already been approved by OMB recordkeeping of cost of submitting a environmental release that may result pursuant to PRA under OMB control SNUN to about $10,116 for qualifying from the significant new use of the number 2070–0012 (EPA ICR No. 574). small firms. Therefore, the potential chemical substances. This action does not impose any burden economic impacts of complying with requiring additional OMB approval. If this SNUR are not expected to be IX. SNUN Submissions an entity were to submit a SNUN to the significant or adversely impact a According to 40 CFR 721.1(c), persons Agency, the annual burden is estimated substantial number of small entities. In submitting a SNUN must comply with to average between 30 and 170 hours a SNUR that published in the Federal the same notification requirements and per response. This burden estimate Register of June 2, 1997 (62 FR 29684) EPA regulatory procedures as persons includes the time needed to review (FRL–5597–1), the Agency presented its submitting a PMN, including instructions, search existing data general determination that final SNURs submission of test data on health and sources, gather and maintain the data are not expected to have a significant needed, and complete, review, and environmental effects as described in 40 economic impact on a substantial CFR 720.50. SNUNs must be submitted submit the required SNUN. Send any comments about the number of small entities, which was on EPA Form No. 7710–25, generated provided to the Chief Counsel for using e-PMN software, and submitted to accuracy of the burden estimate, and any suggested methods for minimizing Advocacy of the Small Business the Agency in accordance with the Administration. procedures set forth in 40 CFR 720.40 respondent burden, including through and 721.25. E–PMN software is the use of automated collection D. Unfunded Mandates Reform Act available electronically at https:// techniques, to the Director, Regulatory (UMRA) www.epa.gov/reviewing-new-chemicals- Support Division, Office of Mission under-toxic-substances-control-act-tsca. Support (2822T), Environmental Based on EPA’s experience with Protection Agency, 1200 Pennsylvania proposing and finalizing SNURs, State, X. Economic Analysis Ave. NW, Washington, DC 20460–0001. local, and Tribal governments have not EPA has evaluated the potential costs Please remember to include the OMB been impacted by these rulemakings, of establishing SNUN requirements for control number in any correspondence, and EPA does not have any reasons to potential manufacturers and processors but do not submit any completed forms believe that any State, local, or Tribal of the chemical substances subject to to this address. government will be impacted by this this rule. EPA’s complete economic C. Regulatory Flexibility Act (RFA) action. As such, EPA has determined analysis is available in the docket for that this action does not impose any this rulemaking. Pursuant to RFA section 605(b), 5 enforceable duty, contain any unfunded U.S.C. 601 et seq., I hereby certify that mandate, or otherwise have any effect XI. Statutory and Executive Order promulgation of this SNUR would not on small governments subject to the Reviews have a significant adverse economic requirements of UMRA sections 202, impact on a substantial number of small Additional information about these 203, 204, or 205 (2 U.S.C. 1501 et seq.). statutes and Executive orders can be entities. The requirement to submit a found at https://www.epa.gov/laws- SNUN applies to any person (including E. Executive Order 13132: Federalism regulations-and-executive-orders. small or large entities) who intends to engage in any activity described in the This action will not have federalism A. Executive Order 12866: Regulatory final rule as a ‘‘significant new use’’. implications because it is not expected Planning and Review and Executive Because these uses are ‘‘new,’’ based on to have a substantial direct effect on Order 13563: Improving Regulations all information currently available to States, on the relationship between the and Regulatory Review EPA, it appears that no small or large National Government and the States, or This action establishes SNURs for entities presently engage in such on the distribution of power and new chemical substances that were the activities. A SNUR requires that any responsibilities among the various subject of PMNs. The Office of person who intends to engage in such levels of government, as specified in Management and Budget (OMB) has activity in the future must first notify Executive Order 13132 (64 FR 43255, exempted these types of actions from EPA by submitting a SNUN. Although August 10, 1999).

VerDate Sep<11>2014 16:24 Jun 04, 2021 Jkt 253001 PO 00000 Frm 00043 Fmt 4700 Sfmt 4700 E:\FR\FM\07JNR1.SGM 07JNR1 khammond on DSKJM1Z7X2PROD with RULES 30194 Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Rules and Regulations

F. Executive Order 13175: Consultation 40 CFR Part 721 Subpart E—Significant New Uses for and Coordination With Indian Tribal Environmental protection, Chemicals, Specific Chemical Substances Governments Hazardous substances, Reporting and * * * * * This action will not have Tribal recordkeeping requirements. Sec. implications because it is not expected Dated: May 24, 2021. 721.11491 Cyclohexane, 1,4- to have substantial direct effects on Tala Henry, bis(ethoxymethyl)-. 721.11492 2-Butanone, 3-methyl-, peroxide. Indian Tribes, significantly or uniquely Deputy Director, Office of Pollution 721.11493 2-Propenoic acid, 2-methyl-, affect the communities of Indian Tribal Prevention and Toxics. governments, and does not involve or dodecyl ester, polymer with ammonium impose any requirements that affect Therefore, for the reasons stated in the 2-methyl-2-[(1-oxo-2-propen-1- yl)amino]-1-propanesulfonate (1:1), N,N- Indian Tribes. Accordingly, the preamble, 40 CFR chapter I is amended as follows: dimethyl-2-propenamide and .alpha.-(2- requirements of Executive Order 13175 methyl-1-oxo-2-propen-1-yl)-.omega.- (65 FR 67249, November 9, 2000), do PART 9—OMB APPROVALS UNDER (dodecyloxy)poly(oxy-1,2-ethanediyl). not apply to this action. THE PAPERWORK REDUCTION ACT 721.11494 Iso-alkylamine, N-isoalkyl-N- methyl (generic). G. Executive Order 13045: Protection of ■ 1. The authority citation for part 9 721.11495 Octadecanoic acid, 9(or 10)- Children From Environmental Health ′ continues to read as follows: (dibutoxyphosphinyl)-, 1,1 -(2,2- and Safety Risks dimethyl-1,3-propanediyl) ester. This action is not subject to Executive Authority: 7 U.S.C. 135 et seq., 136–136y; 721.11496 1,3-Benzenedicarboxylic acid, 15 U.S.C. 2001, 2003, 2005, 2006, 2601–2671; polymer with 3-methyl-1,5-pentanediol. Order 13045 (62 FR 19885, April 23, 21 U.S.C. 331j, 346a; 31 U.S.C. 9701; 33 1997), because this is not an 721.11497 Oxirane, 2-methyl-, polymer U.S.C. 1251 et seq., 1311, 1313d, 1314, 1318, with oxirane, mono(3,5,5- economically significant regulatory 1321, 1326, 1330, 1342, 1344, 1345(d) and trimethylhexanoate). action as defined by Executive Order (e), 1361; E.O. 11735, 38 FR 21243, 3 CFR, * * * * * 12866, and this action does not address 1971–1975 Comp. p. 973; 42 U.S.C. 241, environmental health or safety risks 242b, 243, 246, 300f, 300g, 300g–1, 300g–2, § 721.11491 Cyclohexane, 1,4- disproportionately affecting children. 300g–3, 300g–4, 300g–5, 300g–6, 300j–1, bis(ethoxymethyl)-. 300j–2, 300j–3, 300j–4, 300j–9, 1857 et seq., H. Executive Order 13211: Actions 6901–6992k, 7401–7671q, 7542, 9601–9657, (a) Chemical substance and Concerning Regulations That 11023, 11048. significant new uses subject to reporting. (1) The chemical substance identified as Significantly Affect Energy Supply, ■ 2. In § 9.1, amend the table by adding cyclohexane, 1,4-bis(ethoxymethyl)- Distribution, or Use entries for §§ 721.11491 through (PMN P–17–86, CAS No. 54889–63–3) is 721.11497 in numerical order under the This action is not subject to Executive subject to reporting under this section undesignated center heading Order 13211 (66 FR 28355, May 22, for the significant new uses described in ‘‘Significant New Uses of Chemical 2001), because this action is not a paragraph (a)(2) of this section. Substances’’ to read as follows: significant regulatory action under (2) The significant new uses are: Executive Order 12866. § 9.1 OMB approvals under the Paperwork (i) Industrial, commercial, and I. National Technology Transfer and Reduction Act. consumer activities. It is a significant Advancement Act (NTTAA) * * * * * new use to process the PMN substance to greater than 1.5% (by weight) for use In addition, since this action does not 40 CFR citation OMB control No. in consumer products. involve any technical standards, (ii) Release to water. Requirements as NTTAA section 12(d), 15 U.S.C. 272 specified in § 721.90(a)(4) and (b)(4), note, does not apply to this action. ***** where N = 330. Processors receiving the J. Executive Order 12898: Federal Significant New Uses of Chemical PMN substance from fragrance Actions To Address Environmental Substances compounding processors at Justice in Minority Populations and concentrations below 10% (by weight) Low-Income Populations are exempt from the water release ***** This action does not entail special provisions. 721.11491 ...... 2070–0012 (b) Specific requirements. The considerations of environmental justice 721.11492 ...... 2070–0012 related issues as delineated by provisions of subpart A of this part 721.11493 ...... 2070–0012 apply to this section except as modified Executive Order 12898 (59 FR 7629, 721.11494 ...... 2070–0012 February 16, 1994). 721.11495 ...... 2070–0012 by this paragraph (b). 721.11496 ...... 2070–0012 (1) Recordkeeping. Recordkeeping K. Congressional Review Act (CRA) 721.11497 ...... 2070–0012 requirements as specified in This action is subject to the CRA (5 § 721.125(a) through (c), (i), and (k) are U.S.C. 801 et seq.), and EPA will submit ***** applicable to manufacturers and a rule report containing this rule and processors of this substance. other required information to each PART 721—SIGNIFICANT NEW USES (2) Limitation or revocation of certain House of the Congress and to the OF CHEMICAL SUBSTANCES notification requirements. The Comptroller General of the United provisions of § 721.185 apply to this States. This action is not a ‘‘major rule’’ ■ 3. The authority citation for part 721 section. continues to read as follows: as defined by 5 U.S.C. 804(2). § 721.11492 2-Butanone, 3-methyl-, List of Subjects Authority: 15 U.S.C. 2604, 2607, and peroxide. 2625(c). (a) Chemical substance and 40 CFR Part 9 ■ 4. Add §§ 721.11491 through significant new uses subject to reporting. Environmental protection, Reporting 721.11497 to subpart E to read as (1) The chemical substance identified as and recordkeeping requirements. follows: 2-butanone, 3-methyl-, peroxide (PMN

VerDate Sep<11>2014 16:24 Jun 04, 2021 Jkt 253001 PO 00000 Frm 00044 Fmt 4700 Sfmt 4700 E:\FR\FM\07JNR1.SGM 07JNR1 khammond on DSKJM1Z7X2PROD with RULES Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Rules and Regulations 30195

P–17–294, CAS No. 182893–11–4) is specified in § 721.80(j). It is a significant new use to manufacture, process, or use subject to reporting under this section new use to process the PMN substance the PMN substance in a manner that for the significant new uses described in above the confidential percentage in results in inhalation exposure. It is a paragraph (a)(2) of this section. formulation specified in the PMN for significant new use to process the PMN (2) The significant new uses are: use in consumer products. substance above the confidential (i) Protection in the workplace. (ii) [Reserved] percentage in formulation specified in Requirements as specified in (b) Specific requirements. The the PMN for use in consumer products. § 721.63(a)(1), (a)(2)(i), (a)(3) through provisions of subpart A of this part (ii) [Reserved] (6), and (c). When determining which apply to this section except as modified (b) Specific requirements. The persons are reasonably likely to be by this paragraph (b). provisions of subpart A of this part exposed as required for § 721.63(a)(1) (1) Recordkeeping. Recordkeeping apply to this section except as modified and (4), engineering control measures requirements as specified in by this paragraph (b). (e.g., enclosure or confinement of the § 721.125(a) through (c), and (i) are (1) Recordkeeping. Recordkeeping operation, general and local ventilation) applicable to manufacturers and requirements as specified in or administrative control measures (e.g., processors of this substance. § 721.125(a) through (c), and (i) are workplace policies and procedures) (2) Limitation or revocation of certain applicable to manufacturers and shall be considered and implemented to notification requirements. The processors of this substance. prevent exposure, where feasible. For provisions of § 721.185 apply to this (2) Limitation or revocation of certain purposes of § 721.63(a)(5), respirators section. notification requirements. The must provide a National Institute for (3) Determining whether a specific use provisions of § 721.185 apply to this Occupational Safety and Health is subject to this section. The provisions section. (NIOSH) assigned protection factor of § 721.1725(b)(1) apply to paragraph (3) Determining whether a specific use (APF) of at least 50. For purposes of (a)(2)(i) of this section. is subject to this section. The provisions § 721.63(a)(6), the applicable airborne of § 721.1725(b)(1) apply to paragraph form of the substance is particulate § 721.11494 Iso-alkylamine, N-isoalkyl-N- (a)(2)(i) of this section. (including solids or liquid droplets). methyl (generic). (ii) Industrial, commercial, and (a) Chemical substance and § 721.11496 1,3-Benzenedicarboxylic acid, consumer activities. It is a significant significant new uses subject to reporting. polymer with 3-methyl-1,5-pentanediol. new use to use the substance other than (1) The chemical substance identified (a) Chemical substance and as an organic peroxide polymerization generically as iso-alkylamine, N- significant new uses subject to reporting. initiator. isoalkyl-N-methyl (PMN P–19–136) is (1) The chemical substance identified as (b) Specific requirements. The subject to reporting under this section 1,3-benzenedicarboxylic acid, polymer provisions of subpart A of this part for the significant new uses described in with 3-methyl-1,5-pentanediol (PMN apply to this section except as modified paragraph (a)(2) of this section. P–20–41, CAS No. 76962–70–4) is by this paragraph (b). (2) The significant new uses are: subject to reporting under this section (1) Recordkeeping. Recordkeeping (i) Industrial, commercial, and for the significant new uses described in requirements as specified in consumer activities. Requirements as paragraph (a)(2) of this section. § 721.125(a) through (e), and (i) are specified in § 721.80(g). (2) The significant new uses are: applicable to manufacturers and (ii) [Reserved] (i) Industrial, commercial, and processors of this substance. (b) Specific requirements. The consumer activities. Requirements as (2) Limitation or revocation of certain provisions of subpart A of this part specified in § 721.80(j). notification requirements. The apply to this section except as modified (ii) Release to water. Requirements as provisions of § 721.185 apply to this by this paragraph (b). specified in § 721.90(a)(4), (b)(4) and section. (1) Recordkeeping. Recordkeeping (c)(4), where N = 1. § 721.11493 2-Propenoic acid, 2-methyl-, requirements as specified in (b) Specific requirements. The dodecyl ester, polymer with ammonium 2- § 721.125(a) through (c), and (i) are provisions of subpart A of this part methyl-2-[(1-oxo-2-propen-1-yl)amino]-1- applicable to manufacturers and apply to this section except as modified propanesulfonate (1:1), N,N-dimethyl-2- processors of this substance. by this paragraph (b). propenamide and .alpha.-(2-methyl-1-oxo-2- (2) Limitation or revocation of certain (1) Recordkeeping. Recordkeeping propen-1-yl)-.omega.-(dodecyloxy)poly(oxy- notification requirements. The requirements as specified in 1,2-ethanediyl). provisions of § 721.185 apply to this § 721.125(a) through (c), (i), and (k) are (a) Chemical substance and section. applicable to manufacturers and significant new uses subject to reporting. processors of this substance. (1) The chemical substance identified as § 721.11495 Octadecanoic acid, 9(or 10)- (2) Limitation or revocation of certain 2-propenoic acid, 2-methyl-, dodecyl (dibutoxyphosphinyl)-, 1,1’-(2,2-dimethyl- 1,3-propanediyl) ester. notification requirements. The ester, polymer with ammonium 2- provisions of § 721.185 apply to this methyl-2-[(1-oxo-2-propen-1-yl)amino]- (a) Chemical substance and section. 1-propanesulfonate (1:1), N,N-dimethyl- significant new uses subject to reporting. (3) Determining whether a specific use 2-propenamide and .alpha.-(2-methyl-1- (1) The chemical substance identified as is subject to this section. The provisions oxo-2-propen-1-yl)-.omega.- octadecanoic acid, 9(or 10)- of § 721.1725(b)(1) apply to paragraph (dodecyloxy)poly(oxy-1,2-ethanediyl) (dibutoxyphosphinyl)-, 1,1’-(2,2- (a)(2)(i) of this section. (PMN P–18–262, CAS No. 1190091–71– dimethyl-1,3-propanediyl) ester (PMN 4) is subject to reporting under this P–19–174, CAS No. 2346600–12–0) is § 721.11497 Oxirane, 2-methyl-, polymer section for the significant new uses subject to reporting under this section with oxirane, mono(3,5,5- described in paragraph (a)(2) of this for the significant new uses described in trimethylhexanoate). section. paragraph (a)(2) of this section. (a) Chemical substance and (2) The significant new uses are: (2) The significant new uses are: significant new uses subject to reporting. (i) Industrial, commercial, and (i) Industrial, commercial, and (1) The chemical substance identified as consumer activities. Requirements as consumer activities. It is a significant oxirane, 2-methyl-, polymer with

VerDate Sep<11>2014 16:24 Jun 04, 2021 Jkt 253001 PO 00000 Frm 00045 Fmt 4700 Sfmt 4700 E:\FR\FM\07JNR1.SGM 07JNR1 khammond on DSKJM1Z7X2PROD with RULES 30196 Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Rules and Regulations

oxirane, mono(3,5,5- review of the notice, made an for this action, identified by docket trimethylhexanoate) (PMN P–20–52, appropriate determination on the notice, identification (ID) number EPA–HQ– CAS No. 148263–50–7) is subject to and has taken any risk management OPPT–2020–0303, is available at reporting under this section for the actions as are required as a result of that https://www.regulations.gov and at the significant new uses described in determination. Office of Pollution Prevention and paragraph (a)(2) of this section. DATES: This rule is effective on August Toxics Docket (OPPT Docket), (2) The significant new uses are: 6, 2021. For purposes of judicial review, Environmental Protection Agency (i) Industrial, commercial, and this rule shall be promulgated at 1 p.m. Docket Center (EPA/DC), West William consumer activities. Requirements as (EST) on June 21, 2021. Jefferson Clinton Bldg., Rm. 3334, 1301 specified in § 721.80(o). It is a FOR FURTHER INFORMATION CONTACT: Constitution Ave. NW, Washington, DC. significant new use to manufacture, For technical information contact: The Public Reading Room is open from process or use the substance in a William Wysong, New Chemicals 8:30 a.m. to 4:30 p.m., Monday through manner that results in inhalation Division (7405M), Office of Pollution Friday, excluding legal holidays. The exposures. It is a significant new use to Prevention and Toxics, Environmental telephone number for the Public use the substance other than as a liquid Protection Agency, 1200 Pennsylvania Reading Room is (202) 566–1744, and shrinkage reducing admixture for Ave. NW, Washington, DC 20460–0001; the telephone number for the OPPT concrete. telephone number: (202) 564–4163; Docket is (202) 566–0280. Please review (ii) [Reserved] email address: [email protected]. the visitor instructions and additional (b) Specific requirements. The For general information contact: The information about the docket available provisions of subpart A of this part TSCA-Hotline, ABVI-Goodwill, 422 at https://www.epa.gov/dockets. apply to this section except as modified South Clinton Ave., Rochester, NY Due to the public health emergency, by this paragraph (b). 14620; telephone number: (202) 554– the EPA Docket Center (EPA/DC) and (1) Recordkeeping. Recordkeeping 1404; email address: TSCA-Hotline@ Reading Room is closed to visitors with requirements as specified in epa.gov. limited exceptions. The staff continues § 721.125(a) through (c), and (i) are SUPPLEMENTARY INFORMATION: to provide remote customer service via applicable to manufacturers and email, phone, and webform. For the processors of this substance. I. General Information latest status information on EPA/DC (2) Limitation or revocation of certain A. Does this action apply to me? services and docket access, visit https:// notification requirements. The www.epa.gov/dockets. provisions of § 721.185 apply to this You may be potentially affected by II. Background section. this action if you manufacture, process, or use the chemical substances A. What action is the Agency taking? * * * * * contained in this rule. The following list [FR Doc. 2021–11763 Filed 6–4–21; 8:45 am] of North American Industrial EPA is finalizing SNURs under TSCA BILLING CODE 6560–50–P Classification System (NAICS) codes is section 5(a)(2) for chemical substances not intended to be exhaustive, but rather which were the subject of PMNs P–16– provides a guide to help readers 313, P–17–333, P–18–320, P–18–363, P– ENVIRONMENTAL PROTECTION 20–15, P–20–38, and P–20–40. These AGENCY determine whether this document applies to them. Potentially affected SNURs require persons who intend to manufacture or process any of these 40 CFR Parts 9 and 721 entities may include: • Manufacturers or processors of one chemical substances for an activity that [EPA–HQ–OPPT–2020–0303; FRL–10021– or more subject chemical substances is designated as a significant new use to 85] (NAICS codes 325 and 324110), e.g., notify EPA at least 90 days before commencing that activity. RIN 2070–AB27 chemical manufacturing and petroleum refineries. Previously, in the Federal Register of Significant New Use Rules on Certain This action may also affect certain July 21, 2020 (85 FR 44032) (FRL– Chemical Substances (20–7.B) entities through pre-existing import 10011–81), EPA proposed SNURs for certification and export notification these chemical substances. More AGENCY: Environmental Protection rules under TSCA, which would information on the specific chemical Agency (EPA). include the SNUR requirements. substances subject to this final rule can ACTION: Final rule. Chemical importers are subject to the be found in the Federal Register TSCA section 13 (15 U.S.C. 2612) document proposing the SNURs. The SUMMARY: EPA is issuing significant new import provisions. The EPA policy in docket includes information considered use rules (SNURs) under the Toxic support of import certification appears by the Agency in developing the Substances Control Act (TSCA) for at 40 CFR part 707, subpart B. In proposed and final rules, including chemical substances which were the addition, pursuant to 40 CFR 721.20, public comments and EPA’s responses subject of premanufacture notices any persons who export or intend to to the public comments received on the (PMNs). This action requires persons to export a chemical substance that is the proposed rules, as described in Unit IV. notify EPA at least 90 days before subject of this rule are subject to the commencing manufacture (defined by B. What is the Agency’s authority for export notification provisions of TSCA taking this action? statute to include import) or processing section 12(b) (15 U.S.C. 2611(b)), and of any of these chemical substances for must comply with the export TSCA section 5(a)(2) (15 U.S.C. an activity that is designated as a notification requirements in 40 CFR part 2604(a)(2)) authorizes EPA to determine significant new use by this rule. This 707, subpart D. that a use of a chemical substance is a action further requires that persons not ‘‘significant new use.’’ EPA must make commence manufacture or processing B. How can I access the docket? this determination by rule after for the significant new use until they The docket includes information considering all relevant factors, have submitted a Significant New Use considered by the Agency in developing including the four TSCA section 5(a)(2) Notice (SNUN), EPA has conducted a the proposed and final rules. The docket factors listed in Unit III.

VerDate Sep<11>2014 16:24 Jun 04, 2021 Jkt 253001 PO 00000 Frm 00046 Fmt 4700 Sfmt 4700 E:\FR\FM\07JNR1.SGM 07JNR1 khammond on DSKJM1Z7X2PROD with RULES Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Rules and Regulations 30197

C. Do the SNUR general provisions substances, in the context of the four Thus, if the person later intends to apply? bulleted TSCA section 5(a)(2) factors exceed that volume, a new bona fide General provisions for SNURs appear listed in this unit. During its review of submission would be necessary to in 40 CFR part 721, subpart A. These these chemicals, EPA identified certain determine whether that higher volume provisions describe persons subject to conditions of use that are not intended would be a significant new use. by the submitters, but reasonably the rule, recordkeeping requirements, IV. Public Comments exemptions to reporting requirements, foreseen to occur. EPA is designating and applicability of the rule to uses those reasonably foreseen conditions of EPA received public comments from occurring before the effective date of the use as well as certain other seven identifying entities on the rule. Provisions relating to user fees circumstances of use as significant new proposed rule. In addition, EPA appear at 40 CFR part 700. Pursuant to uses. received two anonymous comments. The Agency’s responses are described in 40 CFR 721.1(c), persons subject to these B. Procedures for Significant New Uses a separate Response to Public SNURs must comply with the same Claimed as Confidential Business Comments document that is available in SNUN requirements and EPA regulatory Information (CBI) procedures as submitters of PMNs under the public docket for this rulemaking. By this rule, EPA is establishing The two anonymous comments and four TSCA section 5(a)(1)(A). In particular, certain significant new uses which have these requirements include the of the comments from identifying been claimed as CBI subject to Agency entities were either general in nature information submission requirements of confidentiality regulations at 40 CFR TSCA sections 5(b) and 5(d)(1), the and did not pertain to the proposed rule part 2 and 40 CFR part 720, subpart E. or were broadly supportive of the rule exemptions authorized by TSCA Absent a final determination or other sections 5(h)(1), 5(h)(2), 5(h)(3), and and requested no changes to the rule disposition of the confidentiality claim itself; therefore, no response is required. 5(h)(5) and the regulations at 40 CFR under 40 CFR part 2 procedures, EPA is part 720. Once EPA receives a SNUN, EPA made no changes to the final rules required to keep this information as a result of these comments. EPA must either determine that the confidential. EPA promulgated a significant new use is not likely to procedure to deal with the situation V. Substances Subject to This Rule present an unreasonable risk of injury or where a specific significant new use is EPA is establishing significant new take such regulatory action as is CBI, at 40 CFR 721.1725(b)(1) and has use and recordkeeping requirements for associated with an alternative referenced it to apply to other SNURs. chemical substances in 40 CFR part 721, determination before manufacture or Under these procedures a subpart E. In Unit IV. of the proposed processing for the significant new use manufacturer or processor may request SNUR, EPA provided the following can commence. If EPA determines that EPA to determine whether a specific use information for each chemical the significant new use is not likely to would be a significant new use under substance: present an unreasonable risk, EPA is the rule. The manufacturer or processor • PMN number. required under TSCA section 5(g) to must show that it has a bona fide intent • Chemical name (generic name, if make public, and submit for publication to manufacture or process the chemical the specific name is claimed as CBI). in the Federal Register, a statement of substance and must identify the specific • Chemical Abstracts Service (CAS) EPA’s findings. use for which it intends to manufacture Registry number (if assigned for non- III. Significant New Use Determination or process the chemical substance. If confidential chemical identities). EPA concludes that the person has • Basis for the SNUR. A. Determination Factors shown a bona fide intent to manufacture • Potentially useful information. TSCA section 5(a)(2) states that EPA’s or process the chemical substance, EPA • CFR citation assigned in the will tell the person whether the use determination that a use of a chemical proposed regulatory text, and the final identified in the bona fide submission substance is a significant new use must citation assignment is in the regulatory would be a significant new use under be made after consideration of all text section of this final rule. the rule. Since most of the chemical relevant factors, including: The regulatory text section of these • identities of the chemical substances The projected volume of rules specifies the activities designated subject to these SNURs are also CBI, manufacturing and processing of a as significant new uses. Certain new manufacturers and processors can chemical substance. uses, including production volume • combine the bona fide submission The extent to which a use changes limits and other uses designated in the under the procedure in 40 CFR the type or form of exposure of human rules, may be claimed as CBI. beings or the environment to a chemical 721.1725(b)(1) with that under 40 CFR substance. 721.11 into a single step. VI. Rationale and Objectives of the Rule • If EPA determines that the use The extent to which a use increases A. Rationale the magnitude and duration of exposure identified in the bona fide submission of human beings or the environment to would not be a significant new use, i.e., During review of the PMNs submitted a chemical substance. the use does not meet the criteria for the chemical substances that are the • The reasonably anticipated manner specified in the rule for a significant subject of these SNURs and as further and methods of manufacturing, new use, that person can manufacture or discussed in Unit IV. of the proposed processing, distribution in commerce, process the chemical substance so long rule, EPA identified certain other and disposal of a chemical substance. as the significant new use trigger is not reasonably foreseen conditions of use in In determining what would constitute met. In the case of a production volume addition to those conditions of use a significant new use for the chemical trigger, this means that the production intended by the submitter. EPA has substances that are the subject of these volume limit is not exceeded by the determined that the chemical under the SNURs, EPA considered relevant amount identified in the bona fide intended conditions of use is not likely information about the toxicity of the submission to EPA. Because of to present an unreasonable risk. chemical substances, and potential confidentiality concerns, EPA does not However, EPA has not assessed risks human exposures and environmental typically disclose the actual production associated with the reasonably foreseen releases that may be associated with the volume that constitutes the use trigger. conditions of use. EPA is designating

VerDate Sep<11>2014 16:24 Jun 04, 2021 Jkt 253001 PO 00000 Frm 00047 Fmt 4700 Sfmt 4700 E:\FR\FM\07JNR1.SGM 07JNR1 khammond on DSKJM1Z7X2PROD with RULES 30198 Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Rules and Regulations

these conditions of use as well as SNURs EPA concluded at the time of TSCA section 4(h), which pertains to certain other circumstances of use as signature of the proposed rule that the reduction of testing in vertebrate significant new uses. As a result, those designated significant new uses were animals, EPA encourages consultation significant new uses cannot occur not ongoing. with the Agency on the use of without going through a separate, EPA designated July 6, 2020 (the date alternative test methods and strategies subsequent EPA review and of web posting of the proposed rule) as (also called New Approach determination process associated with a the cutoff date for determining whether Methodologies, or NAMs), if available, SNUN. the new use is ongoing. The objective of to generate the recommended test data. EPA’s approach is to ensure that a B. Objectives EPA encourages dialog with Agency person cannot defeat a SNUR by representatives to help determine how EPA is issuing these SNURs because initiating a significant new use before best the submitter can meet both the the Agency wants: the effective date of the final rule. • data needs and the objective of TSCA To have an opportunity to review Persons who began commercial section 4(h). For more information on and evaluate data submitted in a SNUN manufacture or processing of the alternative test methods and strategies before the notice submitter begins chemical substances for a significant to reduce vertebrate animal testing, visit manufacturing or processing a listed new use identified on or after that date https://www.epa.gov/assessing-and- chemical substance for the described will have to cease any such activity managing-chemicals-under-tsca/ significant new use. upon the effective date of the final rule. • alternative-test-methods-and-strategies- To be obligated to make a To resume their activities, these persons reduce. determination under TSCA section would have to first comply with all 5(a)(3) regarding the use described in applicable SNUR notification The potentially useful information the SNUN, under the conditions of use. requirements and EPA would have to described in Unit IV. of the proposed The Agency will either determine under take action under TSCA section 5 rule may not be the only means of section 5(a)(3)(C) that the significant allowing manufacture or processing to providing information to evaluate the new use is not likely to present an proceed. chemical substance associated with the unreasonable risk, including an significant new uses. However, VIII. Development and Submission of unreasonable risk to a potentially submitting a SNUN without any test Information exposed or susceptible subpopulation data may increase the likelihood that identified as relevant by the EPA recognizes that TSCA section 5 EPA will take action under TSCA Administrator under the conditions of does not require development of any sections 5(e) or 5(f). EPA recommends use, or make a determination under particular new information (e.g., that potential SNUN submitters contact TSCA section 5(a)(3)(A) or (B) and take generating test data) before submission EPA early enough so that they will be the required regulatory action associated of a SNUN. There is an exception: If a able to conduct the appropriate tests. with the determination, before person is required to submit information SNUN submitters should be aware manufacture or processing for the for a chemical substance pursuant to a that EPA will be better able to evaluate significant new use of the chemical rule, Order or consent agreement under SNUNs which provide detailed substance can occur. TSCA section 4, then TSCA section information on the following: • 5(b)(1)(A) requires such information to To be able to complete its review • Human exposure and be submitted to EPA at the time of and determination on each of the PMN environmental release that may result substances, while deferring analysis on submission of the SNUN. In the absence of a rule, Order, or from the significant new use of the the significant new uses proposed in chemical substances. these rules unless and until the Agency consent agreement under TSCA section receives a SNUN. 4 covering the chemical substance, IX. SNUN Submissions Issuance of a SNUR for a chemical persons are required only to submit substance does not signify that the information in their possession or According to 40 CFR 721.1(c), persons chemical substance is listed on the control and to describe any other submitting a SNUN must comply with TSCA Inventory. Guidance on how to information known to or reasonably the same notification requirements and determine if a chemical substance is on ascertainable by them (see 40 CFR EPA regulatory procedures as persons the TSCA Inventory is available on the 720.50). However, upon review of PMNs submitting a PMN, including internet at https://www.epa.gov/tsca- and SNUNs, the Agency has the submission of test data on health and inventory. authority to require appropriate testing. environmental effects as described in 40 Unit IV. of the proposed rule lists CFR 720.50. SNUNs must be submitted VII. Applicability of the Rules to Uses potentially useful information for all on EPA Form No. 7710–25, generated Occurring Before the Effective Date of SNURs listed here. Descriptions are using e-PMN software, and submitted to the Final Rule provided for informational purposes. the Agency in accordance with the To establish a significant new use, The potentially useful information procedures set forth in 40 CFR 720.40 EPA must determine that the use is not identified in Unit IV. of the proposed and 721.25. E–PMN software is ongoing. The chemical substances rule will be useful to EPA’s evaluation available electronically at https:// subject to this rule were undergoing in the event that someone submits a www.epa.gov/reviewing-new-chemicals- premanufacture review at the time of SNUN for the significant new use. under-toxic-substances-control-act-tsca. signature of the proposed rule and were Companies who are considering X. Economic Analysis not on the TSCA inventory. In cases submitting a SNUN are encouraged, but where EPA has not received a notice of not required, to develop the information EPA has evaluated the potential costs commencement (NOC) and the chemical on the substance, which may assist with of establishing SNUN requirements for substance has not been added to the EPA’s analysis of the SNUN. potential manufacturers and processors TSCA Inventory, no person may EPA strongly encourages persons, of the chemical substances subject to commence such activities without first before performing any testing, to consult this rule. EPA’s complete economic submitting a PMN. Therefore, for the with the Agency pertaining to protocol analysis is available in the docket for chemical substances subject to these election. Furthermore, pursuant to this rulemaking.

VerDate Sep<11>2014 16:24 Jun 04, 2021 Jkt 253001 PO 00000 Frm 00048 Fmt 4700 Sfmt 4700 E:\FR\FM\07JNR1.SGM 07JNR1 khammond on DSKJM1Z7X2PROD with RULES Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Rules and Regulations 30199

XI. Statutory and Executive Order C. Regulatory Flexibility Act (RFA) enforceable duty, contain any unfunded Reviews Pursuant to RFA section 605(b), 5 mandate, or otherwise have any effect Additional information about these U.S.C. 601 et seq., I hereby certify that on small governments subject to the statutes and Executive orders can be promulgation of this SNUR would not requirements of UMRA sections 202, found at https://www.epa.gov/laws- have a significant adverse economic 203, 204, or 205 (2 U.S.C. 1501 et seq.). regulations-and-executive-orders. impact on a substantial number of small E. Executive Order 13132: Federalism entities. The requirement to submit a A. Executive Order 12866: Regulatory This action will not have federalism SNUN applies to any person (including Planning and Review and Executive implications because it is not expected small or large entities) who intends to Order 13563: Improving Regulations to have a substantial direct effect on engage in any activity described in the and Regulatory Review States, on the relationship between the final rule as a ‘‘significant new use’’. National Government and the States, or This action establishes SNURs for Because these uses are ‘‘new,’’ based on on the distribution of power and new chemical substances that were the all information currently available to responsibilities among the various subject of PMNs. The Office of EPA, it appears that no small or large levels of government, as specified in Management and Budget (OMB) has entities presently engage in such Executive Order 13132 (64 FR 43255, exempted these types of actions from activities. A SNUR requires that any August 10, 1999). review under Executive Orders 12866 person who intends to engage in such (58 FR 51735, October 4, 1993) and activity in the future must first notify F. Executive Order 13175: Consultation 13563 (76 FR 3821, January 21, 2011). EPA by submitting a SNUN. Although and Coordination With Indian Tribal B. Paperwork Reduction Act (PRA) some small entities may decide to Governments According to PRA, 44 U.S.C. 3501 et pursue a significant new use in the This action will not have Tribal seq., an agency may not conduct or future, EPA cannot presently determine implications because it is not expected sponsor, and a person is not required to how many, if any, there may be. to have substantial direct effects on respond to a collection of information However, EPA’s experience to date is Indian Tribes, significantly or uniquely that requires OMB approval under PRA, that, in response to the promulgation of affect the communities of Indian Tribal unless it has been approved by OMB SNURs covering over 1,000 chemicals, governments and does not involve or and displays a currently valid OMB the Agency receives only a small impose any requirements that affect control number. The OMB control number of notices per year. For Indian Tribes. Accordingly, the numbers for EPA’s regulations in title 40 example, the number of SNUNs requirements of Executive Order 13175 of the CFR, after appearing in the received was seven in Federal fiscal (65 FR 67249, November 9, 2000), do Federal Register, are listed in 40 CFR year (FY) 2013, 13 in FY2014, six in not apply to this action. part 9, and included on the related FY2015, 12 in FY2016, 13 in FY2017, collection instrument or form, if and 11 in FY2018. Only a fraction of G. Executive Order 13045: Protection of applicable. these were from small businesses. In Children From Environmental Health The information collection addition, the Agency currently offers and Safety Risks requirements related to this action have relief to qualifying small businesses by This action is not subject to Executive already been approved by OMB reducing the SNUN submission fee from Order 13045 (62 FR 19885, April 23, pursuant to PRA under OMB control $16,000 to $2,800. This lower fee 1997), because this is not an number 2070–0012 (EPA ICR No. 574). reduces the total reporting and economically significant regulatory This action does not impose any burden recordkeeping of cost of submitting a action as defined by Executive Order requiring additional OMB approval. If SNUN to about $10,116 for qualifying 12866, and this action does not address an entity were to submit a SNUN to the small firms. Therefore, the potential environmental health or safety risks Agency, the annual burden is estimated economic impacts of complying with disproportionately affecting children. to average between 30 and 170 hours this SNUR are not expected to be per response. This burden estimate significant or adversely impact a H. Executive Order 13211: Actions includes the time needed to review substantial number of small entities. In Concerning Regulations That instructions, search existing data a SNUR that published in the Federal Significantly Affect Energy Supply, sources, gather and maintain the data Register of June 2, 1997 (62 FR 29684) Distribution, or Use needed, and complete, review, and (FRL–5597–1), the Agency presented its This action is not subject to Executive submit the required SNUN. general determination that final SNURs Order 13211 (66 FR 28355, May 22, The listing of the OMB control are not expected to have a significant 2001), because this action is not a numbers of the collection instruments economic impact on a substantial significant regulatory action under and their subsequent codification in the number of small entities, which was Executive Order 12866. table in 40 CFR 9.1 satisfies the display provided to the Chief Counsel for requirements of the PRA and OMB’s Advocacy of the Small Business I. National Technology Transfer and implementing regulations at 5 CFR part Administration. Advancement Act (NTTAA) 1320. Since this ICR was previously In addition, since this action does not D. Unfunded Mandates Reform Act subject to public notice and comment involve any technical standards, (UMRA) prior to OMB approval, and given the NTTAA section 12(d), 15 U.S.C. 272 technical nature of the table in 40 CFR Based on EPA’s experience with note, does not apply to this action. part 9, EPA finds that further notice and proposing and finalizing SNURs, State, comment to amend it is unnecessary. As local, and Tribal governments have not J. Executive Order 12898: Federal a result, EPA finds that there is ‘‘good been impacted by these rulemakings, Actions To Address Environmental cause’’ under section 553(b)(3)(B) of the and EPA does not have any reasons to Justice in Minority Populations and Administrative Procedure Act (5 U.S.C. believe that any State, local, or Tribal Low-Income Populations 553(b)(3)(B)) to amend this table in 40 government will be impacted by this This action does not entail special CFR 9.1 without further notice and action. As such, EPA has determined considerations of environmental justice comment. that this action does not impose any related issues as delineated by

VerDate Sep<11>2014 16:24 Jun 04, 2021 Jkt 253001 PO 00000 Frm 00049 Fmt 4700 Sfmt 4700 E:\FR\FM\07JNR1.SGM 07JNR1 khammond on DSKJM1Z7X2PROD with RULES 30200 Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Rules and Regulations

Executive Order 12898 (59 FR 7629, 40 CFR citation OMB control No. § 721.125(a) through (c), and (k) are February 16, 1994). applicable to manufacturers and 721.11509 ...... 2070–0012 processors of this substance. K. Congressional Review Act (CRA) 721.11510 ...... 2070–0012 (2) Limitation or revocation of certain This action is subject to the CRA (5 721.11511 ...... 2070–0012 notification requirements. The U.S.C. 801 et seq.), and EPA will submit 721.11512 ...... 2070–0012 provisions of § 721.185 apply to this 721.11513 ...... 2070–0012 a rule report containing this rule and section. other required information to each ***** House of the Congress and to the § 721.11508 2-Propenoic acid, mixed Comptroller General of the United esters with heterocyclic dimethanol and * * * * * heterocyclic methanol (generic). States. This action is not a ‘‘major rule’’ (a) Chemical substance and as defined by 5 U.S.C. 804(2). PART 721—SIGNIFICANT NEW USES significant new uses subject to reporting. OF CHEMICAL SUBSTANCES List of Subjects (1) The chemical substance generically 40 CFR Part 9 ■ 3. The authority citation for part 721 identified as 2-propenoic acid, mixed continues to read as follows: esters with heterocyclic dimethanol and Environmental protection, Reporting heterocyclic methanol (PMN P–17–333) and recordkeeping requirements. Authority: 15 U.S.C. 2604, 2607, and is subject to reporting under this section 2625(c). 40 CFR Part 721 for the significant new uses described in ■ 4. Add §§ 721.11507 through Environmental protection, Chemicals, paragraph (a)(2) of this section. 721.11513 to subpart E to read as (2) The significant new uses are: Hazardous substances, Reporting and follows: (i) Release to water. Requirements as recordkeeping requirements. specified in § 721.90(a)(4), (b)(4) and Subpart E—Significant New Uses for Dated: May 24, 2021. (c)(4), where N=1. Tala Henry, Specific Chemical Substances (ii) [Reserved] Deputy Director, Office of Pollution * * * * * (b) Specific requirements. The Prevention and Toxics. Sec. provisions of subpart A of this part Therefore, for the reasons stated in the 721.11507 Tar acids (shale oil), C6–9 apply to this section except as modified preamble, 40 CFR chapter I is amended fraction, alkyl phenols, low boiling. by this paragraph (b). as follows: 721.11508 2-Propenoic acid, mixed esters (1) Recordkeeping. Recordkeeping with heterocyclic dimethanol and requirements as specified in PART 9—OMB APPROVALS UNDER heterocyclic methanol (generic). § 721.125(a) through (c), and (k) are 721.11509 Alkane, diisocyanato- THE PAPERWORK REDUCTION ACT (isocyanatoalkyl)- (generic). applicable to manufacturers and processors of this substance. ■ 1. The authority citation for part 9 721.11510 Phenol, polymer with formaldehyde, 5-methyl-1,3- (2) Limitation or revocation of certain continues to read as follows: benzenediol-terminated, sodium salts notification requirements. The Authority: 7 U.S.C. 135 et seq., 136–136y; (generic). provisions of § 721.185 apply to this 15 U.S.C. 2001, 2003, 2005, 2006, 2601–2671; 721.11511 N-Alkyl heteromonocyclic section. 21 U.S.C. 331j, 346a; 31 U.S.C. 9701; 33 diphenolamide, polymer with bisphenol U.S.C. 1251 et seq., 1311, 1313d, 1314, 1318, A, haloaryl-substituted sulfone, compd. § 721.11509 Alkane, diisocyanato- 1321, 1326, 1330, 1342, 1344, 1345(d) and with cyclic sulfonate ester, polyaryl (isocyanatoalkyl)- (generic). (e), 1361; E.O. 11735, 38 FR 21243, 3 CFR, alcohol terminated (generic). (a) Chemical substance and 1971–1975 Comp. p. 973; 42 U.S.C. 241, 721.11512 1,3,5-Triazine-2,4,6(1H,3H,5H)- significant new uses subject to reporting. 242b, 243, 246, 300f, 300g, 300g–1, 300g–2, trione, 1,3,5-tris[3-(2-oxiranyl)propyl]-. (1) The chemical substance generically 300g–3, 300g–4, 300g–5, 300g–6, 300j–1, 721.11513 2-Propenoic acid, cycloalkyl identified as alkane, diisocyanato- 300j–2, 300j–3, 300j–4, 300j–9, 1857 et seq., ester (generic). (isocyanatoalkyl)- (PMN P–18–320) is 6901–6992k, 7401–7671q, 7542, 9601–9657, * * * * * 11023, 11048. subject to reporting under this section for the significant new uses described in ■ 2. In § 9.1, amend the table by adding § 721.11507 Tar acids (shale oil), C6–9 fraction, alkyl phenols, low boiling. paragraph (a)(2) of this section. entries for §§ 721.11507 through (a) Chemical substance and (2) The significant new uses are: 721.11513 in numerical order under the (i) Workplace protection. undesignated center heading significant new uses subject to reporting. (1) The chemical substance identified as Requirements as specified in ‘‘Significant New Uses of Chemical § 721.63(a)(1), (a)(3) through (6), and (c). Substances’’ to read as follows: tar acids (shale oil), C6–9 fraction, alkyl phenols, low boiling (PMN P–16–313, When determining which persons are § 9.1 OMB approvals under the Paperwork CAS No. 1887000–93–2) is subject to reasonably likely to be exposed as Reduction Act. reporting under this section for the required for § 721.63(a)(1) and (a)(4), * * * * * significant new uses described in engineering control measures (e.g., paragraph (a)(2) of this section. enclosure or confinement of the 40 CFR citation OMB control No. (2) The significant new uses are: operation, general and local ventilation) (i) Release to water. Requirements as or administrative control measures (e.g., specified in § 721.90(a)(4), (b)(4) and workplace policies and procedures) ***** (c)(4), where N=14. shall be considered and implemented to (ii) [Reserved] prevent exposure, where feasible. For Significant New Uses of Chemical (b) Specific requirements. The purposes of § 721.63(a)(5), respirators Substances provisions of subpart A of this part must provide a National Institute for apply to this section except as modified Occupational Safety and Health ***** by this paragraph (b). (NIOSH) assigned protection factor 721.11507 ...... 2070–0012 (1) Recordkeeping. Recordkeeping (APF) of at least 1,000. For purposes of 721.11508 ...... 2070–0012 requirements as specified in § 721.63(a)(6), the airborne form(s) of

VerDate Sep<11>2014 16:24 Jun 04, 2021 Jkt 253001 PO 00000 Frm 00050 Fmt 4700 Sfmt 4700 E:\FR\FM\07JNR1.SGM 07JNR1 khammond on DSKJM1Z7X2PROD with RULES Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Rules and Regulations 30201

the substance include particulate specified in § 721.80(s). It is a (ii) [Reserved] (including solids or liquid droplets). significant new use to use the PMN (b) Specific requirements. The (ii) Industrial, commercial, and substance other than as a polymer in the provisions of subpart A of this part consumer activities. Requirements as manufacture of hollow fiber membrane apply to this section except as modified specified in § 721.80(o). products. by this paragraph (b). (b) Specific requirements. The (ii) [Reserved] (1) Recordkeeping. Recordkeeping provisions of subpart A of this part (b) Specific requirements. The requirements as specified in apply to this section except as modified provisions of subpart A of this part § 721.125(a) through (c), and (k) are by this paragraph (b). apply to this section except as modified applicable to manufacturers and (1) Recordkeeping. Recordkeeping by this paragraph (b). processors of this substance. requirements as specified in (1) Recordkeeping. Recordkeeping (2) Limitation or revocation of certain § 721.125(a) through (e) and (i) are requirements as specified in notification requirements. The applicable to manufacturers and § 721.125(a) through (c), and (i) are provisions of § 721.185 apply to this processors of this substance. applicable to manufacturers and section. (2) Limitation or revocation of certain processors of this substance. * * * * * notification requirements. The (2) Limitation or revocation of certain [FR Doc. 2021–11766 Filed 6–4–21; 8:45 am] provisions of § 721.185 apply to this notification requirements. The BILLING CODE 6560–50–P section. provisions of § 721.185 apply to this section. § 721.11510 Phenol, polymer with (3) Determining whether a specific use ENVIRONMENTAL PROTECTION formaldehyde, 5-methyl-1,3-benzenediol- is subject to this section. The provisions AGENCY terminated, sodium salts (generic). of § 721.1725(b)(1) apply to paragraph (a) Chemical substance and (a)(2)(i) of this section. 40 CFR Part 52 significant new uses subject to reporting. (1) The chemical substance generically § 721.11512 1,3,5-Triazine-2,4,6(1H,3H,5H)- [EPA–R05–OAR–2020–0369; FRL–10024– identified as phenol, polymer with trione, 1,3,5-tris[3-(2-oxiranyl)propyl]-. 65–Region 5] formaldehyde, 5-methyl-1,3- (a) Chemical substance and Air Plan Approval; Indiana; Two benzenediol-terminated, sodium salts significant new uses subject to reporting. Revised Sulfur Dioxide Rules for Lake (generic) (PMN P–18–363) is subject to (1) The chemical substance identified as County reporting under this section for the 1,3,5-triazine-2,4,6(1H,3H,5H)-trione, significant new uses described in 1,3,5-tris[3-(2-oxiranyl)propyl]- (PMN AGENCY: Environmental Protection paragraph (a)(2) of this section. P–20–38, CAS No. 91403–64–4) is Agency (EPA). (2) The significant new uses are: subject to reporting under this section ACTION: Final rule. (i) Release to water. Requirements as for the significant new uses described in specified in § 721.90(a)(4), (b)(4) and paragraph (a)(2) of this section. SUMMARY: The Environmental Protection (c)(4), where N=4. (2) The significant new uses are: Agency (EPA) is approving revisions to (ii) [Reserved] (i) Industrial, commercial, and the Indiana sulfur dioxide (SO2) State (b) Specific requirements. The consumer activities. It is a significant Implementation Plan (SIP). The State of provisions of subpart A of this part new use to manufacture, process, or use Indiana has requested these SIP apply to this section except as modified the PMN substance in any manner that revisions to satisfy the requirements of by this paragraph (b). results in inhalation exposure. a Federal consent decree. These (1) Recordkeeping. Recordkeeping (ii) Release to water. Requirements as revisions limit annual bypass venting requirements as specified in specified in § 721.90(a)(4), (b)(4) and limits in the sulfur-containing waste gas § 721.125(a) through (c), and (k) are (c)(4), where N=5. emissions from a coking and power applicable to manufacturers and (b) Specific requirements. The generating facility in Lake County, processors of this substance. provisions of subpart A of this part Indiana, which is owned and operated (2) Limitation or revocation of certain apply to this section except as modified by Indiana Harbor Coke Company notification requirements. The by this paragraph (b). (IHCC) and Cokenergy LLC (Cokenergy). provisions of § 721.185 apply to this (1) Recordkeeping. Recordkeeping The revisions also require Cokenergy to section. requirements as specified in operate and maintain a permanent SO2 § 721.125(a) through (c), (i), and (k). flow rate monitor and improve the § 721.11511 N-Alkyl heteromonocyclic (2) Limitation or revocation of certain percent control capture efficiency of the diphenolamide, polymer with bisphenol A, notification requirements. The facility. In addition, the rulemaking haloaryl-substituted sulfone, compd. with provisions of § 721.185 apply to this cyclic sulfonate ester, polyaryl alcohol includes technical corrections and terminated (generic). section. clarifications that do not have a (a) Chemical substance and § 721.11513 2-Propenoic acid, cycloalkyl substantive effect of the application of significant new uses subject to reporting. ester (generic). the rules. (1) The chemical substance generically (a) Chemical substance and DATES: This final rule is effective on July identified as N-Alkyl heteromonocyclic significant new uses subject to reporting. 7, 2021. diphenolamide, polymer with bisphenol (1) The chemical substance generically ADDRESSES: EPA has established a A, haloaryl-substituted sulfone, compd. identified as 2-Propenoic acid, docket for this action under Docket ID with cyclic sulfonate ester, polyaryl cycloalkyl ester (PMN P–20–40) is No. EPA–R05–OAR–2020–0369. All alcohol terminated (PMN P–20–15) is subject to reporting under this section documents in the docket are listed on subject to reporting under this section for the significant new uses described in the www.regulations.gov website. for the significant new uses described in paragraph (a)(2) of this section. Although listed in the index, some paragraph (a)(2) of this section. (2) The significant new uses are: information is not publicly available, (2) The significant new uses are: (i) Release to water. Requirements as i.e., Confidential Business Information (i) Industrial, commercial, and specified in § 721.90(a)(4), (b)(4) and (CBI) or other information whose consumer activities. Requirements as (c)(4), where N=7. disclosure is restricted by statute.

VerDate Sep<11>2014 16:24 Jun 04, 2021 Jkt 253001 PO 00000 Frm 00051 Fmt 4700 Sfmt 4700 E:\FR\FM\07JNR1.SGM 07JNR1 khammond on DSKJM1Z7X2PROD with RULES 30202 Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Rules and Regulations

Certain other material, such as Comment: This rule should be more EPA agrees with this technical copyrighted material, is not placed on restricting on the harmful gases that are justification for the need to allow the internet and will be publicly released into the atmosphere. The 19% increase bypass venting during a available only in hard copy form. of coke waste that is pumped into our retubing year to the previously Publicly available docket materials are atmosphere 24 hours a day should be permissible 14%. Overall, this revision available either through cut by at least 2% for the year 2021. The will lower the percentage of coke oven www.regulations.gov or at the option for retubing defeats the new gases that are vented to the atmosphere Environmental Protection Agency, revision because it allows the company via bypass venting. to continue to let a maximum of 14% Region 5, Air and Radiation Division, 77 III. Final Action West Jackson Boulevard, Chicago, rather than the proposed 13%. Illinois 60604. This facility is open from Response: The provision relating to EPA is approving Indiana’s July 10, 8:30 a.m. to 4:30 p.m., Monday through 19% of the coke oven waste gases 2020 request to revise 326 IAC 7–4.1–7 Friday, excluding Federal holidays and leaving the common tunnel was not and 326 IAC 7–4.1–8. These SO2 SIP facility closures due to COVID–19. We reopened by our proposal and is not revisions strengthen the SIP and fulfill recommend that you telephone Andrew being revised by this rulemaking. As per the requirements of the Federal consent Lee, Physical Scientist, at (312) 353– the consent decree, Indiana was not decree with Cokenergy LLC and IHCC. 7645 before visiting the Region 5 office. required to amend the facility’s IV. Incorporation by Reference maximum percentage of coke oven gases FOR FURTHER INFORMATION CONTACT: leaving the common tunnel that can be In this rule, EPA is finalizing Andrew Lee, Physical Scientist, vented into the atmosphere. Indiana has regulatory text that includes Attainment Planning and Maintenance retained the original limit which was incorporation by reference. In Section, Air Programs Branch (AR–18J), adopted to be protective of the previous accordance with requirements of 1 CFR Environmental Protection Agency, SO standard. See 70 FR 56129. No one 51.5, EPA is finalizing the incorporation Region 5, 77 West Jackson Boulevard, 2 timely challenged that previous by reference of the Indiana Regulations Chicago, Illinois 60604, (312) 353–7645, determination and it is too late to raise described in the amendments to 40 CFR [email protected]. an objection now. As such, this portion part 52 set forth below. EPA has made, SUPPLEMENTARY INFORMATION: of the comment is outside of the scope and will continue to make, these Throughout this document whenever of this action. documents generally available through ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean In addition, the commentor raised a www.regulations.gov, and at the EPA EPA. concern over the increase in bypass Region 5 Office (please contact the I. Background Information venting allowed during a ‘‘retubing person identified in the FOR FURTHER year.’’ This term is defined in the INFORMATION CONTACT section of this On February 11, 2021, EPA proposed proposed revision as a year in which preamble for more information). to approve revisions to 326 Indiana there is a replacement of: (1) Therefore, these materials have been Administrative Code (IAC) 7–4.1–7 Waterwalls, evaporator tubes, approved by EPA for inclusion in the (Cokenergy) and 326 IAC 7–4.1–8 economizer tubes, or superheater SIP, have been incorporated by (IHCC) to limit annual bypass venting of module pendants within the heat reference by EPA into that plan, are sulfur containing waste gases from a recovery steam generator; and (2) fully federally enforceable under coking and power generating facility exterior casing, insulation, and sections 110 and 113 of the CAA as of owned and operated by Indiana Harbor refractory, as needed. To comply with the effective date of the final rulemaking Coke Company and Cokenergy LLC in the consent decree, IHCC and Cokenergy of EPA’s approval, and will be Lake County, Indiana. See 86 FR 9038. submitted to Indiana a request to lower incorporated by reference in the next The proposed revision for Cokenergy the facility’s maximum bypass venting update to the SIP compilation.1 also requires it to operate and maintain to 13%, down from previously allowed V. Statutory and Executive Order a permanent SO2 flow rate monitor at 14%, except during a heat recovery the facility. The state of Indiana has steam generator (HRSG) retubing year. Reviews requested these SIP revisions to satisfy During a retubing year, the facility is Under the Clean Air Act, the the requirements of a Federal consent allowed increase the bypass venting Administrator is required to approve a decree. An explanation of the Clean Air back up to the previously permissible SIP submission that complies with the Act requirements, a detailed analysis of maximum of 14% when at least 3.25% provisions of the Clean Air Act and the revisions, and EPA’s reasons for of the bypass venting is due to the applicable Federal regulations. 42 proposing approval were provided in HRSG retubing. In any year, one or more U.S.C. 7410(k); 40 CFR 52.02(a). Thus, the notice of proposed rulemaking HRSGs may be brought offline to replace in reviewing SIP submissions, EPA’s (NPRM) and will not be restated here. parts that are prone to wear due to role is to approve state choices, operating at extreme temperatures. The provided that they meet the criteria of II. Public Comments need to increase bypass venting arises the Clean Air Act. Accordingly, this EPA provided a 30-day review and from the fact that the facility is unable action merely approves state law as comment period for the February 11, to construct redundant HRSGs that meeting Federal requirements and does 2021, proposed rule. The comment could accept the waste gas stream when not impose additional requirements period ended on March 15, 2021. EPA the primary HRSG is offline. As such, beyond those imposed by state law. For received a total of three comments, all when a HRSG is offline due to retubing, that reason, this action: from private citizens, on the proposed the facility will need to divert a higher • Is not a significant regulatory action approval of this rule. Two comments percentage of the gas stream to the subject to review by the Office of were in support of the action and one atmosphere through bypass venting. Management and Budget under comment was adverse. No further This provision allows the facility to Executive Orders 12866 (58 FR 51735, discussion of the supporting comments preserve its pollution control devices October 4, 1993) and 13563 (76 FR 3821, is necessary. EPA summarizes and located downstream that cannot handle January 21, 2011); responds to the adverse comment the high temperature of the gas stream below. that does not first go through a HRSG. 1 62 FR 27968 (May 22, 1997).

VerDate Sep<11>2014 16:24 Jun 04, 2021 Jkt 253001 PO 00000 Frm 00052 Fmt 4700 Sfmt 4700 E:\FR\FM\07JNR1.SGM 07JNR1 khammond on DSKJM1Z7X2PROD with RULES Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Rules and Regulations 30203

• Does not impose an information In addition, the SIP is not approved the purposes of judicial review nor does collection burden under the provisions to apply on any Indian reservation land it extend the time within which a of the Paperwork Reduction Act (44 or in any other area where EPA or an petition for judicial review may be filed, U.S.C. 3501 et seq.); Indian tribe has demonstrated that a and shall not postpone the effectiveness • Is certified as not having a tribe has jurisdiction. In those areas of of such rule or action. This action may significant economic impact on a Indian country, the rule does not have not be challenged later in proceedings to substantial number of small entities tribal implications and will not impose enforce its requirements. (See section under the Regulatory Flexibility Act (5 substantial direct costs on tribal 307(b)(2).) U.S.C. 601 et seq.); governments or preempt tribal law as List of Subjects in 40 CFR Part 52 • Does not contain any unfunded specified by Executive Order 13175 (65 mandate or significantly or uniquely FR 67249, November 9, 2000). Environmental protection, Air affect small governments, as described The Congressional Review Act, 5 pollution control, Incorporation by in the Unfunded Mandates Reform Act U.S.C. 801 et seq., as added by the Small reference, Intergovernmental relations, of 1995 (Pub. L. 104–4); Business Regulatory Enforcement Sulfur oxides. • Does not have federalism Fairness Act of 1996, generally provides Dated: June 1, 2021. implications as specified in Executive that before a rule may take effect, the Cheryl Newton, Order 13132 (64 FR 43255, August 10, agency promulgating the rule must Acting Regional Administrator, Region 5. 1999); submit a rule report, which includes a • Is not an economically significant copy of the rule, to each House of the For the reasons stated in the regulatory action based on health or Congress and to the Comptroller General preamble, EPA amends title 40 CFR part safety risks subject to Executive Order of the United States. EPA will submit a 52 as follows: 13045 (62 FR 19885, April 23, 1997); report containing this action and other PART 52—APPROVAL AND • Is not a significant regulatory action required information to the U.S. Senate, PROMULGATION OF subject to Executive Order 13211 (66 FR the U.S. House of Representatives, and IMPLEMENTATION PLANS 28355, May 22, 2001); the Comptroller General of the United • States prior to publication of the rule in Is not subject to requirements of ■ 1. The authority citation for part 52 the Federal Register. A major rule Section 12(d) of the National continues to read as follows: Technology Transfer and Advancement cannot take effect until 60 days after it Act of 1995 (15 U.S.C. 272 note) because is published in the Federal Register. Authority: 42 U.S.C. 7401 et seq. application of those requirements would This action is not a ‘‘major rule’’ as ■ 2. In § 52.770, the table in paragraph be inconsistent with the Clean Air Act; defined by 5 U.S.C. 804(2). (c) is amended by revising the entries and Under section 307(b)(1) of the Clean for ‘‘7–4.1–7’’ and ‘‘7–4.1–8’’ under the • Does not provide EPA with the Air Act, petitions for judicial review of heading ‘‘Rule 4.1. Lake County Sulfur discretionary authority to address, as this action must be filed in the United Dioxide Emission Limitations’’ to read appropriate, disproportionate human States Court of Appeals for the as follows: health or environmental effects, using appropriate circuit by August 6, 2021. practicable and legally permissible Filing a petition for reconsideration by § 52.770 Identification of plan. methods, under Executive Order 12898 the Administrator of this final rule does * * * * * (59 FR 7629, February 16, 1994). not affect the finality of this action for (c) * * *

EPA-APPROVED INDIANA REGULATIONS

Indiana Indiana Subject effective EPA approval date Notes citation date

*******

Rule 4.1. Lake County Sulfur Dioxide Emission Limitations

******* 7–4.1–7 ...... Cokenergy LLC sulfur dioxide emission limi- 8/24/2020 6/7/2021, [INSERT Federal Register CITA- ...... tations. TION]. 7–4.1–8 ...... Indiana Harbor Coke Company sulfur dioxide 8/24/2020 6/7/2021, [INSERT Federal Register CITA- ...... emission limitations. TION].

*******

* * * * * [FR Doc. 2021–11769 Filed 6–4–21; 8:45 am] BILLING CODE 6560–50–P

VerDate Sep<11>2014 16:24 Jun 04, 2021 Jkt 253001 PO 00000 Frm 00053 Fmt 4700 Sfmt 4700 E:\FR\FM\07JNR1.SGM 07JNR1 khammond on DSKJM1Z7X2PROD with RULES 30204 Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Rules and Regulations

ENVIRONMENTAL PROTECTION million (ppm) to 0.075 ppm (‘‘2008 with a new maximum attainment date of AGENCY ozone NAAQS’’).1 In accordance with July 20, 2018.6 section 107(d) of the CAA, the EPA On October 25, 2017, CARB submitted 40 CFR Part 81 must designate an area ‘‘nonattainment’’ the ‘‘Eastern Kern Air Pollution Control if it is violating the NAAQS or if it is [EPA–R09–OAR–2021–0340; FRL–10024– District 2017 Ozone Attainment Plan for 58–Region 9] contributing to a violation of the the Federal 75 ppb 8-Hour Ozone NAAQS in a nearby area. With respect Standard’’ (‘‘the Eastern Kern 2017 Designation of Areas for Air Quality to the ozone NAAQS, the EPA further Ozone Plan’’). The Eastern Kern 2017 classifies nonattainment areas as Planning Purposes; California; Eastern Ozone Plan includes a request for ‘‘Marginal,’’ ‘‘Moderate,’’ ‘‘Serious,’’ Kern Ozone Nonattainment Area; voluntary reclassification of the Eastern ‘‘Severe,’’ 2 or ‘‘Extreme,’’ depending Reclassification to Severe Kern ozone nonattainment area from upon the ozone design value for an Moderate to Serious. Effective August 6, AGENCY: Environmental Protection area.3 See CAA section 181(a)(1). As a 2018, the EPA granted CARB’s request Agency (EPA). general matter, higher classified ozone and reclassified the Eastern Kern ozone ACTION: nonattainment areas are subject to a Final rule. nonattainment area as Serious for the greater number of, and more stringent, 2008 ozone NAAQS with a new SUMMARY: Under the Clean Air Act CAA planning requirements than lower maximum attainment date of July 20, (CAA), the Environmental Protection classified areas but are allowed more 2021.7 By letter dated May 15, 2021, Agency (EPA) is granting a request by time to attain the ozone NAAQS. See, CARB submitted a request from the the California Air Resources Board generally, subpart 2 of part D of title I Eastern Kern Air Pollution Control (CARB) to reclassify the Eastern Kern, of the CAA. District to the EPA to voluntarily California (‘‘Eastern Kern’’) ozone Effective July 20, 2012, the EPA nonattainment area from ‘‘Serious’’ to reclassify the Eastern Kern ozone designated and classified the Eastern nonattainment area from Serious to ‘‘Severe’’ for the 2008 ozone national 4 Kern area under the CAA as Marginal Severe for the 2008 ozone NAAQS.8 ambient air quality standard (NAAQS). nonattainment for the 2008 ozone DATES: This rule is effective on July 7, NAAQS.5 The EPA’s classification of Consistent with CAA section 2021. the Eastern Kern area as a Marginal 181(b)(3), we are granting California’s request and reclassifying the Eastern ADDRESSES: The EPA has established a ozone nonattainment area established a docket for this action under Docket ID requirement that the area attain the 2008 Kern area from Serious to Severe No. EPA–R09–OAR–2021–0340. All ozone NAAQS as expeditiously as nonattainment for the 2008 ozone documents in the docket are listed on practicable, but no later than three years NAAQS. CAA section 181(b)(3) the https://www.regulations.gov from the date of designation as provides for ‘‘voluntary reclassification’’ website. Although listed in the index, nonattainment, i.e., July 20, 2015. Under and states: ‘‘The Administrator shall some information is not publicly CAA section 181(b)(2), the EPA is grant the request of any State to available, e.g., confidential business required to determine whether an area reclassify a nonattainment area in that information (CBI) or other information attained the ozone NAAQS by the State in accordance with table 1 of whose disclosure is restricted by statute. applicable attainment date. In May subsection (a) of this section to a higher Certain other material, such as 2016, the EPA found that Eastern Kern classification. The Administrator shall copyrighted material, is not placed on failed to attain the 2008 ozone NAAQS publish a notice in the Federal Register the internet and will be publicly by the July 20, 2015 Marginal of any such request and of action by the available only in hard copy form. attainment date and reclassified the area Administrator granting the request.’’ Publicly available docket materials are as Moderate for the 2008 ozone NAAQS Under 40 CFR 51.1103(b), a state ‘‘may available through https:// request, and the Administrator must www.regulations.gov, or please contact 1 73 FR 16436 (March 27, 2008). approve, a higher classification for any the person identified in the FOR FURTHER 2 Throughout this document and in our final rule, reason in accordance with CAA section we use the term ‘‘Severe’’ to refer to Severe areas INFORMATION CONTACT section for 181(b)(3)’’ and 40 CFR 51.1103(a), Table that have up to 15 years to attain the ozone 1. The EPA is therefore granting CARB’s additional availability information. If standards. The ozone area designation tables in 40 you need assistance in a language other CFR part 81 specify ‘‘Severe-15’’ to distinguish such request for voluntary reclassification than English or if you are a person with areas from ‘‘Severe-17’’ areas, which are Severe under section 181(b)(3) for the Eastern disabilities who needs a reasonable areas that have up to 17 years to attain the ozone Kern ozone nonattainment area, and the accommodation at no cost to you, please standards. EPA is reclassifying the area from 3 For the 2008 ozone NAAQS, the design value at Serious to Severe for the 2008 ozone contact the person identified in the FOR each monitoring site is the annual fourth-highest FURTHER INFORMATION CONTACT section. daily maximum 8-hour average ozone NAAQS. In the Proposed Rules section of this Federal Register, the EPA is FOR FURTHER INFORMATION CONTACT: Ben concentration, averaged over three years. The design value for an area is the highest design value proposing a schedule for CARB to Leers, Air Planning Office (AIR–2), EPA among the monitoring sites. submit the plan elements for a Severe Region IX, (415) 947–4279, 4 Kern County is located in the southern-most ozone nonattainment area. [email protected]. portion of California’s Central Valley. The western SUPPLEMENTARY INFORMATION: portion of Kern County is part of the San Joaquin Valley air basin and is included within the San 6 81 FR 26697 (May 4, 2016). Throughout this document, ‘‘we,’’ ‘‘us,’’ Joaquin Valley ozone nonattainment area. The 7 83 FR 31334 (July 5, 2018). and ‘‘our’’ refer to the EPA. eastern portion of Kern County is part of the Mojave 8 Letter dated May 15, 2021, from Richard W. Desert air basin. The Eastern Kern ozone Corey, Executive Officer, CARB, to Deborah Jordan, I. Reclassification of Eastern Kern to nonattainment area covers the eastern portion of the Acting Regional Administrator, EPA Region IX. In Severe Ozone Nonattainment county excluding Indian Wells Valley. For more the letter, CARB also requests reclassification of detail on the boundaries of the Eastern Kern ozone Eastern Kern to Serious for the 2015 ozone NAAQS. In March 2008, the EPA strengthened nonattainment area, see the 2008 ozone table in 40 The EPA will take action on the reclassification the primary and secondary eight-hour CFR 81.305. request with respect to the 2015 ozone NAAQS in ozone NAAQS from 0.08 parts per 5 77 FR 30088 (May 21, 2012). a separate rulemaking.

VerDate Sep<11>2014 16:24 Jun 04, 2021 Jkt 253001 PO 00000 Frm 00054 Fmt 4700 Sfmt 4700 E:\FR\FM\07JNR1.SGM 07JNR1 khammond on DSKJM1Z7X2PROD with RULES Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Rules and Regulations 30205

As a result of this action, the Eastern voluntary reclassifications and such actions that concern health or safety Kern ozone nonattainment area must reclassifications in and of themselves do risks, such that the analysis required attain the 2008 ozone NAAQS as not impose any federal under section 5–501 of the Executive expeditiously as practicable, but no later intergovernmental mandate, and Order has the potential to influence the than fifteen years from the effective date because tribes are not subject to regulation. of designation as nonattainment, i.e., no implementation plan submittal Reclassification actions do not later than July 20, 2027. deadlines that apply to states as a result The EPA has determined this action of reclassifications. involve technical standards and thus, falls under the ‘‘good cause’’ exemption This rule also does not have tribal the requirements of section 12(d) of the in section 553(b)(3)(B) of the implications because it will not have a National Technology Transfer and Administrative Procedure Act which, substantial direct effect on one or more Advancement Act of 1995 (15 U.S.C. upon finding ‘‘good cause,’’ authorizes Indian tribes, on the relationship 272 note) do not apply. This rule does agencies to dispense with public between the federal government and not impose an information collection participation where public notice and Indian tribes, or on the distribution of burden under the provisions of the comment procedures are power and responsibilities between the Paperwork Reduction Act of 1995 (44 ‘‘impracticable, unnecessary or contrary federal government and Indian tribes, as U.S.C. 3501 et seq.). to the public interest.’’ The EPA has specified by Executive Order 13175 (65 The Congressional Review Act (CRA), determined that public notice and FR 67249, November 9, 2000). There are 5 U.S.C. 801 et seq., as added by the comment for today’s action is no Indian reservation lands or other Small Business Regulatory Enforcement unnecessary because our action to areas where the EPA or an Indian tribe approve voluntary reclassification has demonstrated that a tribe has Fairness Act of 1996, generally provides requests under CAA section 181(b)(3) is jurisdiction within the Eastern Kern that before a rule may take effect, the nondiscretionary both in its issuance ozone nonattainment area, and thus, agency promulgating the rule must and in its content. As such, notice and this reclassification action does not have submit a rule report, which includes a comment rulemaking procedures would tribal implications and will not impose copy of the rule, to each House of the serve no useful purpose. substantial direct costs on tribal Congress and to the Comptroller General governments or preempt tribal law as of the United States. The EPA will II. Statutory and Executive Order specified by Executive Order 13175. submit a rule report to each House of Reviews Executive Order 12898 (59 FR 7629, the Congress and to the Comptroller Under Executive Orders 12866 (58 FR February 16, 1994) establishes federal General of the United States prior to 51735, October 4, 1993) and 13563 (76 executive policy on environmental publication of the rule in the Federal FR 3821, January 21, 2011), this final justice. Its main provision directs Register. A major rule cannot take effect action is not a ‘‘significant regulatory federal agencies, to the greatest extent until 60 days after it is published in the action’’ and therefore is not subject to practicable and permitted by law, to Federal Register. This action is not a Executive Order 12866. With respect to make environmental justice part of their ‘‘major rule’’ as defined by 5 U.S.C. lands under state jurisdiction, voluntary mission by identifying and addressing, 804(2). reclassifications under CAA section as appropriate, disproportionately high 181(b)(3) of the CAA are based solely and adverse human health or Under section 307(b)(1) of the Clean upon requests by the state, and the EPA environmental effects of their programs, Air Act, petitions for judicial review of is required under the CAA to grant policies, and activities on minority this action must be filed in the United them. These actions do not, in and of populations and low-income States Court of Appeals for the themselves, impose any new populations in the United States. This appropriate circuit by August 6, 2021. requirements on any sectors of the reclassification action does not provide Filing a petition for reconsideration by economy. In addition, because the the EPA with the discretionary authority the Administrator of this final rule does statutory requirements are clearly to address disproportionate human not affect the finality of this action for defined with respect to the differently health or environmental effects with the purposes of judicial review nor does classified areas, and because those practical, appropriate, and legally it extend the time within which a requirements are automatically triggered permissible methods under Executive petition for judicial review may be filed, by reclassification, reclassification does Order 12898. and shall not postpone the effectiveness not impose a materially adverse impact This final action also does not have of such rule or action. This action may under Executive Order 12866. For these federalism implications because it does not be challenged later in proceedings to reasons, this final action is also not not have substantial direct effects on the enforce its requirements. (See section subject to Executive Order 13211, states, on the relationship between the 307(b)(2).) ‘‘Actions Concerning Regulations That national government and the states, nor Significantly Affect Energy Supply, on the distribution of power and List of Subjects in 40 CFR Part 81 Distribution, or Use’’ (66 FR 28355, May responsibilities among the various 22, 2001). levels of government, as specified in Environmental protection, Air In addition, I certify that this final Executive Order 13132 (64 FR 43255, pollution control, Intergovernmental rule will not have a significant August 10, 1999). This final action does relations, National parks, Ozone, economic impact on a substantial not alter the relationship or the Wilderness areas. number of small entities under the distribution of power and Dated: May 27, 2021. Regulatory Flexibility Act (5 U.S.C. 601 responsibilities established in the CAA. et seq.) and that this final rule does not This rule also is not subject to Deborah Jordan, contain any unfunded mandate or Executive Order 13045, ‘‘Protection of Acting Regional Administrator, Region IX. significantly or uniquely affect small Children from Environmental Health For the reasons stated in the governments, as described in the Risks and Safety Risks’’ (62 FR 19885, preamble, the EPA amends part 81, Unfunded Mandates Reform Act of 1995 April 23, 1997), because the EPA (Pub. L. 104–4), because the EPA is interprets Executive Order 13045 as chapter I, title 40 of the Code of Federal required to grant requests by states for applying only to those regulatory Regulations as follows:

VerDate Sep<11>2014 16:24 Jun 04, 2021 Jkt 253001 PO 00000 Frm 00055 Fmt 4700 Sfmt 4700 E:\FR\FM\07JNR1.SGM 07JNR1 khammond on DSKJM1Z7X2PROD with RULES 30206 Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Rules and Regulations

PART 81—DESIGNATION OF AREAS Authority: 42 U.S.C. 7401 et seq. NAAQS [Primary and Secondary]’’ is FOR AIR QUALITY PLANNING amended by revising the entry for ‘‘Kern Subpart C—Section 107 Attainment PURPOSES County (Eastern Kern), CA’’ to read as Status Designations follows: ■ 1. The authority citation for part 81 ■ 2. In § 81.305, the table entitled § 81.305 California. continues to read as follows: ‘‘California—2008 8-Hour Ozone * * * * *

CALIFORNIA–2008 8-HOUR OZONE NAAQS [Primary and secondary]

Designation Classification Designated area Date 1 Type Date 1 Type

******* Kern County (Eastern Kern), CA: 2 ...... Nonattainment .. July 7, 2021 ...... Severe-15. Kern County (part): That portion of Kern County (with the exception of that portion in Hydrologic Unit Number 18090205—the Indian Wells Valley) east and south of a line described as follows: Beginning at the Kern-Los Angeles County boundary and running north and east along the northwest boundary of the Rancho La Liebre Land Grant to the point of intersection with the range line common to Range 16 West and Range 17 West, San Bernardino Base and Meridian; north along the range line to the point of intersection with the Rancho El Tejon Land Grant boundary; then southeast, northeast, and northwest along the boundary of the Rancho El Tejon Grant to the northwest corner of Section 3, Township 11 North, Range 17 West; then west 1.2 miles; then north to the Rancho El Tejon Land Grant boundary; then northwest along the Rancho El Tejon line to the southeast corner of Section 34, Township 32 South, Range 30 East, Mount Diablo Base and Meridian; then north to the northwest corner of Section 35, Township 31 South, Range 30 East; then northeast along the boundary of the Rancho El Tejon Land Grant to the southwest corner of Section 18, Town- ship 31 South, Range 31 East; then east to the southeast corner of Section 13, Township 31 South, Range 31 East; then north along the range line common to Range 31 East and Range 32 East, Mount Diablo Base and Me- ridian, to the northwest corner of Section 6, Township 29 South, Range 32 East; then east to the southwest corner of Section 31, Township 28 South, Range 32 East; then north along the range line common to Range 31 East and Range 32 East to the northwest corner of Section 6, Township 28 South, Range 32 East, then west to the southeast corner of Section 36, Township 27 South, Range 31 East, then north along the range line common to Range 31 East and Range 32 East to the Kern-Tulare County boundary.

******** 1 This date is July 20, 2012, unless otherwise noted. 2 Excludes Indian country located in each area, unless otherwise noted.

[FR Doc. 2021–11704 Filed 6–4–21; 8:45 am] ENVIRONMENTAL PROTECTION SUMMARY: This regulation establishes an BILLING CODE 6560–50–P AGENCY exemption from the requirement of a tolerance for residues of cellulose, ethyl 40 CFR Part 180 ether; number average molecular weight 13,000 Daltons when used as an inert [EPA–HQ–OPP–2021–0138; FRL–10023–34] ingredient in a pesticide chemical formulation. Exponent, Inc. on behalf of Cellulose, Ethyl Ether; Exemption Nutrition & Biosciences USA 1, LLC, From the Requirement of a Tolerance formerly DDP Specialty Electronic AGENCY: Environmental Protection Materials US, Inc. submitted a petition Agency (EPA). to EPA under the Federal Food, Drug, and Cosmetic Act (FFDCA), requesting ACTION: Final rule. an exemption from the requirement of a

VerDate Sep<11>2014 16:24 Jun 04, 2021 Jkt 253001 PO 00000 Frm 00056 Fmt 4700 Sfmt 4700 E:\FR\FM\07JNR1.SGM 07JNR1 khammond on DSKJM1Z7X2PROD with RULES Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Rules and Regulations 30207

tolerance. This regulation eliminates the affected entities may include, but are • Federal eRulemaking Portal: http:// need to establish a maximum not limited to: www.regulations.gov. Follow the on-line permissible level for residues of • Crop production (NAICS code 111). instructions for submitting comments. cellulose, ethyl ether on food or feed • Animal production (NAICS code • Mail: Office of Pesticide Programs commodities. 112). (OPP) Regulatory Public Docket (7502P), • Food manufacturing (NAICS code Environmental Protection Agency, 1200 DATES: This regulation is effective June 311). Pennsylvania Ave. NW, Washington, DC 7, 2021. Objections and requests for • Pesticide manufacturing (NAICS 20460–0001. hearings must be received on or before code 32532). • Delivery: OPP Regulatory Public August 6, 2021, and must be filed in This listing is not intended to be Docket (7502P), Environmental accordance with the instructions exhaustive, but rather provides a guide Protection Agency, Rm. S–4400, One provided in 40 CFR part 178 (see also for readers regarding entities likely to be Potomac Yard (South Bldg.), 2777 S Unit I.C. of the SUPPLEMENTARY affected by this action. Other types of Crystal Dr., Arlington, VA. Deliveries INFORMATION). entities not listed in this unit could also are only accepted during the Docket ADDRESSES: EPA has established a be affected. The North American Facility’s normal hours of operation docket for this action under docket Industrial Classification System (8:30 a.m. to 4 p.m., Monday through identification (ID) number EPA–HQ– (NAICS) codes have been provided to Friday, excluding legal holidays). OPP–2021–0138. All documents in the assist you and others in determining Special arrangements should be made docket are listed in the docket index whether this action might apply to for deliveries of boxed information. The available at http://www.regulations.gov. certain entities. If you have any Docket Facility telephone number is Although listed in the index, some questions regarding the applicability of (703) 305–5805. this action to a particular entity, consult information is not publicly available, II. Background and Statutory Findings e.g., Confidential Business Information the person listed under FOR FURTHER INFORMATION CONTACT. In the Federal Register of March 22, (CBI) or other information whose 2021 (86 FR 15162) (FRL–10021–44), disclosure is restricted by statute. B. How can I get electronic access to EPA issued a notification pursuant to Certain other material, such as other related information? section 408 of FFDCA, 21 U.S.C. 346a, copyrighted material, is not placed on You may access a frequently updated announcing the receipt of a pesticide the internet and will be publicly electronic version of 40 CFR part 180 petition (PP IN–11484) filed by available only in hard copy form. through the Government Publishing Exponent, Inc., 1150 Connecticut Ave. Publicly available docket materials are Office’s e-CFR site at http:// NW, Suite 1100, Washington, DC 20036 available in the electronic docket at ecfr.gpoaccess.gov/cgi/t/text/text- on behalf of Nutrition & Biosciences http://www.regulations.gov, or, if only idx?&c=ecfr&tpl=/ecfrbrowse/Title40/ USA 1, LLC, 3490 Winton Place, available in hard copy, at the OPP 40tab_02.tpl. Rochester, NY 14623 formerly DDP Regulatory Public Docket in Rm. Specialty Electronic Materials US, Inc., S–4400, One Potomac Yard (South C. Can I file an objection or hearing 400 Arcola Road, Collegeville, PA Bldg.), 2777 S Crystal Dr., Arlington, request? 19426. The petition requested that 40 VA. The Docket Facility is open from Under FFDCA section 408(g), 21 CFR 180.960 be amended by 8:30 a.m. to 4 p.m., Monday through U.S.C. 346a, any person may file an establishing an exemption from the Friday, excluding legal holidays. The objection to any aspect of this regulation requirement of a tolerance for residues Docket Facility telephone number is and may also request a hearing on those of cellulose, ethyl ether; CAS Reg. No. (703) 305–5805. objections. You must file your objection 9004–57–3. That notification included a Due to the public health concerns or request a hearing on this regulation summary of the petition prepared by the related to COVID–19, the EPA Docket in accordance with the instructions petitioner and solicited comments on Center (EPA/DC) and Reading Room is provided in 40 CFR part 178. To ensure the petitioner’s request. The Agency did closed to visitors with limited proper receipt by EPA, you must not receive any comments. exceptions. The staff continues to identify docket ID number EPA–HQ– Section 408(c)(2)(A)(i) of FFDCA provide remote customer service via OPP–2021–0138 in the subject line on allows EPA to establish an exemption email, phone, and webform. For the the first page of your submission. All from the requirement for a tolerance (the latest status information on EPA/DC objections and requests for a hearing legal limit for a pesticide chemical services and docket access, visit https:// must be in writing and must be received residue in or on a food) only if EPA www.epa.gov/dockets. by the Hearing Clerk on or before determines that the exemption is ‘‘safe.’’ FOR FURTHER INFORMATION CONTACT: August 6, 2021. Addresses for mail and Section 408(c)(2)(A)(ii) of FFDCA Marietta Echeverria, Registration hand delivery of objections and hearing defines ‘‘safe’’ to mean that ‘‘there is a Division (7505P), Office of Pesticide requests are provided in 40 CFR reasonable certainty that no harm will Programs, Environmental Protection 178.25(b). result from aggregate exposure to the Agency, 1200 Pennsylvania Ave. NW, In addition to filing an objection or pesticide chemical residue, including Washington, DC 20460–0001; telephone hearing request with the Hearing Clerk all anticipated dietary exposures and all number: (703) 305–7090; email address: as described in 40 CFR part 178, please other exposures for which there is [email protected]. submit a copy of the filing that does not reliable information.’’ This includes contain any CBI for inclusion in the exposure through drinking water and SUPPLEMENTARY INFORMATION: public docket. Information not marked use in residential settings but does not I. General Information confidential pursuant to 40 CFR part 2 include occupational exposure. Section may be disclosed publicly by EPA 408(b)(2)(C) of FFDCA requires EPA to A. Does this action apply to me? without prior notice. Submit a copy of give special consideration to exposure You may be potentially affected by your non-CBI objection or hearing of infants and children to the pesticide this action if you are an agricultural request, identified by docket ID number chemical residue in establishing an producer, food manufacturer, or EPA–HQ–OPP–2021–0138, by one of exemption from the requirement of a pesticide manufacturer. Potentially the following methods. tolerance and to ‘‘ensure that there is a

VerDate Sep<11>2014 16:24 Jun 04, 2021 Jkt 253001 PO 00000 Frm 00057 Fmt 4700 Sfmt 4700 E:\FR\FM\07JNR1.SGM 07JNR1 khammond on DSKJM1Z7X2PROD with RULES 30208 Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Rules and Regulations

reasonable certainty that no harm will as impurities, any element other than to establish, modify, or revoke a result to infants and children from those listed in 40 CFR 723.250(d)(2)(ii). tolerance, the Agency consider aggregate exposure to the pesticide 4. The polymer is neither designed ‘‘available information’’ concerning the chemical residue . . .’’ and specifies nor can it be reasonably anticipated to cumulative effects of a particular factors EPA is to consider in substantially degrade, decompose, or pesticide’s residues and ‘‘other establishing an exemption. depolymerize. substances that have a common 5. The polymer is manufactured or mechanism of toxicity.’’ EPA has not III. Risk Assessment and Statutory imported from monomers and/or found cellulose, ethyl ether to share a Findings reactants that are already included on common mechanism of toxicity with EPA establishes exemptions from the the Toxic Substances Control Act any other substances, and cellulose, requirement of a tolerance only in those (TSCA) Chemical Substance Inventory ethyl ether does not appear to produce cases where it can be shown that the or manufactured under an applicable a toxic metabolite produced by other risks from aggregate exposure to TSCA section 5 exemption. substances. For the purposes of this pesticide chemical residues under 6. The polymer is not a water tolerance action, therefore, EPA has reasonably foreseeable circumstances absorbing polymer with a number assumed that cellulose, ethyl ether does will pose no appreciable risks to human average molecular weight (MW) greater not have a common mechanism of health. In order to determine the risks than or equal to 10,000 daltons. toxicity with other substances. For from aggregate exposure to pesticide Additionally, the polymer also meets information regarding EPA’s efforts to inert ingredients, the Agency considers as required the following exemption determine which chemicals have a the toxicity of the inert in conjunction criteria specified in 40 CFR 723.250(e). common mechanism of toxicity and to with possible exposure to residues of 7. The polymer does not contain evaluate the cumulative effects of such the inert ingredient through food, certain perfluoroalkyl moieties chemicals, see EPA’s website at http:// drinking water, and through other consisting of a CF3- or longer chain www.epa.gov/pesticides/cumulative. exposures that occur as a result of length as listed in 40 CFR 723.250(d)(6). pesticide use in residential settings. If Additionally, the polymer also meets VI. Additional Safety Factor for the EPA is able to determine that a finite as required the following exemption Protection of Infants and Children tolerance is not necessary to ensure that criteria: Specified in 40 CFR 723.250(e): Section 408(b)(2)(C) of FFDCA there is a reasonable certainty that no The polymer’s number average MW is provides that EPA shall apply an harm will result from aggregate greater than or equal to 10,000 daltons. additional tenfold margin of safety for exposure to the inert ingredient, an The polymer contains less than 2% infants and children in the case of exemption from the requirement of a oligomeric material below MW 500 and threshold effects to account for prenatal tolerance may be established. less than 5% oligomeric material below and postnatal toxicity and the Consistent with FFDCA section MW 1,000. completeness of the data base unless 408(b)(2)(D), EPA has reviewed the Thus, cellulose, ethyl ether meets the EPA concludes that a different margin of available scientific data and other criteria for a polymer to be considered safety will be safe for infants and relevant information in support of this low risk under 40 CFR 723.250. Based children. Due to the expected low action and considered its validity, on its conformance to the criteria in this toxicity of cellulose, ethyl ether, EPA completeness and reliability and the unit, no mammalian toxicity is has not used a safety factor analysis to relationship of this information to anticipated from dietary, inhalation, or assess the risk. For the same reasons the human risk. EPA has also considered dermal exposure to cellulose, ethyl additional tenfold safety factor is available information concerning the ether. unnecessary. variability of the sensitivities of major VII. Determination of Safety identifiable subgroups of consumers, IV. Aggregate Exposures including infants and children. In the For the purposes of assessing Based on the conformance to the case of certain chemical substances that potential exposure under this criteria used to identify a low-risk are defined as polymers, the Agency has exemption, EPA considered that polymer, EPA concludes that there is a established a set of criteria to identify cellulose, ethyl ether could be present reasonable certainty of no harm to the categories of polymers expected to in all raw and processed agricultural U.S. population, including infants and present minimal or no risk. The commodities and drinking water, and children, from aggregate exposure to definition of a polymer is given in 40 that non-occupational non-dietary residues of cellulose, ethyl ether. CFR 723.250(b) and the exclusion exposure was possible. The number VIII. Other Considerations criteria for identifying these low-risk average MW of cellulose, ethyl ether is polymers are described in 40 CFR 13,000 daltons. Generally, a polymer of A. Analytical Enforcement Methodology 723.250(d). cellulose, ethyl ether this size would be poorly absorbed An analytical method is not required conforms to the definition of a polymer through the intact gastrointestinal tract for enforcement purposes since the given in 40 CFR 723.250(b) and meets or through intact human skin. Since Agency is establishing an exemption the following criteria that are used to cellulose, ethyl ether conform to the from the requirement of a tolerance identify low-risk polymers. criteria that identify a low-risk polymer, without any numerical limitation. 1. The polymer is not a cationic there are no concerns for risks B. International Residue Limits polymer nor is it reasonably anticipated associated with any potential exposure to become a cationic polymer in a scenarios that are reasonably In making its tolerance decisions, EPA natural aquatic environment. foreseeable. The Agency has determined seeks to harmonize U.S. tolerances with 2. The polymer does contain as an that a tolerance is not necessary to international standards whenever integral part of its composition at least protect the public health. possible, consistent with U.S. food two of the atomic elements carbon, safety standards and agricultural hydrogen, nitrogen, oxygen, silicon, and V. Cumulative Effects From Substances practices. EPA considers the sulfur. With a Common Mechanism of Toxicity international maximum residue limits 3. The polymer does not contain as an Section 408(b)(2)(D)(v) of FFDCA (MRLs) established by the Codex integral part of its composition, except requires that, when considering whether Alimentarius Commission (Codex), as

VerDate Sep<11>2014 16:24 Jun 04, 2021 Jkt 253001 PO 00000 Frm 00058 Fmt 4700 Sfmt 4700 E:\FR\FM\07JNR1.SGM 07JNR1 khammond on DSKJM1Z7X2PROD with RULES Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Rules and Regulations 30209

required by FFDCA section 408(b)(4). the tolerance in this final rule, do not practices, or other factors, may have The Codex Alimentarius is a joint U.N. require the issuance of a proposed rule, atypical or disproportionately high and Food and Agriculture Organization/ the requirements of the Regulatory adverse human health impacts or World Health Organization food Flexibility Act (RFA) (5 U.S.C. 601 et environmental effects from exposure to standards program, and it is recognized seq.) do not apply. the pesticide discussed in this as an international food safety This final rule directly regulates document, compared to the general standards-setting organization in trade growers, food processors, food handlers, population. agreements to which the United States and food retailers, not States or Tribes, XI. Congressional Review Act is a party. EPA may establish a tolerance nor does this action alter the that is different from a Codex MRL; relationships or distribution of power The Congressional Review Act, 5 however, FFDCA section 408(b)(4) and responsibilities established by U.S.C. 801 et seq., generally provides requires that EPA explain the reasons Congress in the preemption provisions that before a rule may take effect, the for departing from the Codex level. of section 408(n)(4) of FFDCA. As such, agency promulgating the rule must The Codex has not established a MRL the Agency has determined that this submit a rule report to each House of for cellulose, ethyl ether. action will not have a substantial direct the Congress and to the Comptroller IX. Conclusion effect on States or Tribal Governments, General of the United States. EPA will on the relationship between the submit a report containing this rule and Accordingly, EPA finds that National Government and the States or other required information to the U.S. exempting residues of cellulose, ethyl Tribal Governments, or on the Senate, the U.S. House of ether from the requirement of a distribution of power and Representatives, and the Comptroller tolerance will be safe. responsibilities among the various General of the United States prior to X. Statutory and Executive Order levels of government or between the publication of this rule in the Federal Reviews Federal Government and Indian Tribes, Register. This rule is not a ‘‘major rule’’ This final rule establishes a tolerance or otherwise have any unique impacts as defined by 5 U.S.C. 804(2). under section 408(d) of FFDCA in on local governments. Thus, the Agency List of Subjects in 40 CFR Part 180 response to a petition submitted to the has determined that Executive Order Agency. The Office of Management and 13132, entitled Federalism (64 FR Environmental protection, Budget (OMB) has exempted these rules 43255, August 10, 1999) and Executive Administrative practice and procedure, from review under Executive Order Order 13175, entitled Consultation and Agricultural commodities, Pesticides 12866, entitled Regulatory Planning and Coordination with Indian Tribal and pests, Reporting and recordkeeping Review (58 FR 51735, October 4, 1993). Governments (65 FR 67249, November requirements. Because this final rule has been 9, 2000) do not apply to this final rule. Dated: May 28, 2021. exempted from review under Executive In addition, this final rule does not Marietta Echeverria, impose any enforceable duty or contain Order 12866, this final rule is not Acting Director, Registration Division, Office subject to Executive Order 13211, any unfunded mandate as described of Pesticide Programs. entitled Actions Concerning Regulations under Title II of the Unfunded Mandates That Significantly Affect Energy Supply, Reform Act of 1995 (UMRA) (Pub. L. Therefore, for the reasons stated in the Distribution, or Use (66 FR 28355, May 104–4). preamble, EPA is amending 40 CFR 22, 2001) or Executive Order 13045, Although this action does not require chapter I as follows: entitled Protection of Children from any special considerations under PART 180—TOLERANCES AND Environmental Health Risks and Safety Executive Order 12898, entitled Federal EXEMPTIONS FOR PESTICIDE Risks (62 FR 19885, April 23, 1997). Actions to Address Environmental CHEMICAL RESIDUES IN FOOD This final rule does not contain any Justice in Minority Populations and Low-Income Populations (59 FR 7629, information collections subject to OMB ■ 1. The authority citation for part 180 February 16, 1994), EPA seeks to approval under the Paperwork continues to read as follows: Reduction Act (PRA), 44 U.S.C. 3501 et achieve environmental justice, the fair seq., nor does it involve any technical treatment and meaningful involvement Authority: 21 U.S.C. 321(q), 346a and 371. standards that would require Agency of any group, including minority and/or ■ 2. In § 180.960, amend the table by consideration of voluntary consensus low-income populations, in the adding in alphabetical order the standards pursuant to section 12(d) of development, implementation, and polymer ‘‘Cellulose, ethyl ether, the National Technology Transfer and enforcement of environmental laws, minimum number average molecular Advancement Act of 1995 (NTTAA), regulations, and policies. As such, to the weight (in amu), insert 13,000 Daltons’’ Public Law 104–113, section 12(d) (15 extent that information is publicly to read as follows: U.S.C. 272 note). available or was submitted in comments Since tolerances and exemptions that to EPA, the Agency considered whether § 180.960 Polymers; exemptions from the are established on the basis of a petition groups or segments of the population, as requirement of a tolerance. under section 408(d) of FFDCA, such as a result of their location, cultural * * * * *

Polymer CAS No.

******* Cellulose, ethyl ether, minimum number average molecular weight (in amu), insert 13,000 Daltons ...... 9004–57–3

*******

VerDate Sep<11>2014 16:24 Jun 04, 2021 Jkt 253001 PO 00000 Frm 00059 Fmt 4700 Sfmt 4700 E:\FR\FM\07JNR1.SGM 07JNR1 khammond on DSKJM1Z7X2PROD with RULES 30210 Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Rules and Regulations

[FR Doc. 2021–11840 Filed 6–4–21; 8:45 am] not intended to be exhaustive, but rather II. Background BILLING CODE 6560–50–P provides a guide to help readers A. What action is the Agency taking? determine whether this document applies to them. Potentially affected EPA is issuing amendments to the ENVIRONMENTAL PROTECTION entities may include: SNURs for certain chemical substances in 40 CFR part 721 subpart E. AGENCY • Manufacturers or processors of one Previously, in the Federal Register of 40 CFR Part 721 or more subject chemical substances November 18, 2020 (85 FR 73439) (FRL– (NAICS codes 325 and 324110), e.g., 10013–54), EPA proposed amendments [EPA–HQ–OPPT–2020–0302; FRL–10022– chemical manufacturing and petroleum to the SNURs for these chemical 76] refineries. substances and established the record RIN 2070–AB27 This action may also affect certain for these SNUR amendments in the docket under docket ID number EPA– Modification of Significant New Uses entities through pre-existing import certification and export notification HQ–OPPT–2020–0302. That docket of Certain Chemical Substances (20– includes information considered by the rules under TSCA, which would 2.M) Agency in developing the proposed and include the SNUR requirements. final rules, including public comments. AGENCY: Environmental Protection Chemical importers are subject to the Agency (EPA). TSCA section 13 (15 U.S.C. 2612) B. What is the Agency’s authority for ACTION: Final rule. import provisions. The EPA policy in taking this action? support of import certification appears TSCA section 5(a)(2) (15 U.S.C. SUMMARY: EPA is amending significant at 40 CFR part 707, subpart B. In 2604(a)(2)) authorizes EPA to determine new use rules (SNURs) issued under the addition, pursuant to 40 CFR 721.20, that a use of a chemical substance is a Toxic Substances Control Act (TSCA) any persons who export or intend to ‘‘significant new use.’’ EPA must make for certain chemical substances export a chemical substance that is the this determination by rule (i.e., a SNUR) identified herein, which were the subject of this rule are subject to the after considering all relevant factors, subject of premanufacture notices export notification provisions of TSCA including those listed in TSCA section (PMNs) and significant new use notices 5(a)(2). EPA may also amend a SNUR (SNUNs). This action would amend the section 12(b) (15 U.S.C. 2611(b)), and must comply with the export promulgated under TSCA section SNURs to allow certain new uses 5(a)(2). Procedures and criteria for reported in the SNUNs without notification requirements in 40 CFR part 707, subpart D. modifying or revoking SNUR additional notification requirements and requirements appear at 40 CFR 721.185. modify the significant new use B. How can I access the docket? Once EPA determines that a use of a notification requirements based on the chemical substance is a significant new actions and determinations for the The docket includes information use, TSCA section 5(a)(1)(B) requires SNUN submissions. EPA is issuing considered by the Agency in developing persons to submit a SNUN to EPA at these amendments based on review of the proposed and final rules. The docket least 90 days before they manufacture, new and existing data for the chemical for this action, identified by docket import, or process the chemical substances. identification (ID) number EPA–HQ– substance for that use. Persons who DATES: This rule is effective on August OPPT–2020–0302, is available at must report are described in 40 CFR 6, 2021. For purposes of judicial review, https://www.regulations.gov or at the 721.5. this rule shall be promulgated at 1 p.m. Office of Pollution Prevention and (e.s.t.) on June 21, 2021. Toxics Docket (OPPT Docket), C. Do the SNUR general provisions apply? FOR FURTHER INFORMATION CONTACT: Environmental Protection Agency For technical information contact: Docket Center (EPA/DC), West William General provisions for SNURs appear William Wysong, New Chemicals Jefferson Clinton Bldg., Rm. 3334, 1301 in 40 CFR part 721, subpart A. These Division (7405M), Office of Pollution Constitution Ave. NW, Washington, DC. provisions describe persons subject to Prevention and Toxics, Environmental The Public Reading Room is open from the final rule, recordkeeping Protection Agency, 1200 Pennsylvania 8:30 a.m. to 4:30 p.m., Monday through requirements, exemptions to reporting Ave. NW, Washington, DC 20460–0001; Friday, excluding legal holidays. The requirements, and applicability of the telephone number: (202) 564–4163; telephone number for the Public rule to uses occurring before the effective date of the final rule. email address: [email protected]. Reading Room is (202) 566–1744, and Provisions relating to user fees appear at For general information contact: The the telephone number for the OPPT 40 CFR part 700. According to 40 CFR TSCA-Hotline, ABVI-Goodwill, 422 Docket is (202) 566–0280. Please review South Clinton Ave., Rochester, NY 721.1(c), persons subject to these SNURs the visitor instructions and additional must comply with the same notice 14620; telephone number: (202) 554– information about the docket available 1404; email address: TSCA-Hotline@ requirements and EPA regulatory at https://www.epa.gov/dockets. epa.gov. procedures as submitters of PMNs under Due to the public health emergency, TSCA section 5(a)(1)(A). In particular, SUPPLEMENTARY INFORMATION: the EPA Docket Center (EPA/DC) and these requirements include the I. General Information Reading Room is closed to visitors with information submission requirements of limited exceptions. The staff continues TSCA sections 5(b) and 5(d)(1), the A. Does this action apply to me? to provide remote customer service via exemptions authorized by TSCA You may be potentially affected by email, phone, and webform. For the sections 5(h)(1), (h)(2), (h)(3), and (h)(5), this action if you manufacture, process, latest status information on EPA/DC and the regulations at 40 CFR part 720. or use the chemical substances services and docket access, visit https:// Once EPA receives a SNUN, EPA must contained in this rule. The following list www.epa.gov/dockets. either determine that the significant of North American Industrial new use is not likely to present an Classification System (NAICS) codes is unreasonable risk of injury or take such

VerDate Sep<11>2014 16:24 Jun 04, 2021 Jkt 253001 PO 00000 Frm 00060 Fmt 4700 Sfmt 4700 E:\FR\FM\07JNR1.SGM 07JNR1 khammond on DSKJM1Z7X2PROD with RULES Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Rules and Regulations 30211

regulatory action as is associated with fide intent to manufacture or process the those uses could result in changes in the an alternative determination before the chemical substance and must identify type or form of exposure to the chemical manufacture or processing for the the specific use for which it intends to substance, increased exposures to the significant new use can commence. If manufacture or process the chemical chemical substance, and/or changes in EPA determines that the significant new substance. If EPA concludes that the the reasonably anticipated manner and use is not likely to present an person has shown a bona fide intent to methods of manufacturing, processing, unreasonable risk, EPA is required manufacture or process the chemical distribution in commerce, and disposal under TSCA section 5(g) to make public, substance, EPA will tell the person of the chemical substance. whether the use identified in the bona and submit for publication in the VI. Applicability of Rules to Uses fide submission would be a significant Federal Register, a statement of EPA’s Occurring Before Effective Date of the new use under the rule. Since most of findings. Final Rule the chemical identities of the chemical III. Significant New Use Determination substances subject to these SNURs are To establish a significant new use, A. Determination Factors also CBI, manufacturers and processors EPA must determine that the use is not can combine the bona fide submission ongoing. EPA solicited comments on the TSCA section 5(a)(2) states that EPA’s under the procedure in 40 CFR proposed rule, providing an opportunity determination that a use of a chemical 721.1725(b)(1) with that under 40 CFR for members of the public to indicate substance is a significant new use must 721.11 into a single step. whether any of the uses which are not be made after consideration of all If EPA determines that the use significant new uses under the current relevant factors, including: rules, but which would be regulated as • identified in the bona fide submission The projected volume of would not be a significant new use, i.e., ‘‘significant new uses’’ if the proposed manufacturing and processing of a the use does not meet the criteria rule is finalized, are ongoing. EPA chemical substance. received no comments that these uses • specified in the rule for a significant The extent to which a use changes new use, that person can manufacture or were ongoing. Therefore, EPA concludes the type or form of exposure of human process the chemical substance so long that the uses are not ongoing. beings or the environment to a chemical as the significant new use trigger is not EPA designated November 18, 2020 substance. (the date of publication of the proposed • met. In the case of a production volume The extent to which a use increases trigger, this means that the production rule) as the cutoff date for determining the magnitude and duration of exposure volume limit is not exceeded by the whether the new use is ongoing. The of human beings or the environment to amount identified in the bona fide objective of EPA’s approach has been to a chemical substance. submission to EPA. Because of ensure that a person could not defeat a • The reasonably anticipated manner confidentiality concerns, EPA does not SNUR by initiating a significant new use and methods of manufacturing, typically disclose the actual production before the effective date of the final rule. processing, distribution in commerce, volume that constitutes the use trigger. In the unlikely event that a person and disposal of a chemical substance. Thus, if the person later intends to began commercial manufacture or In determining whether and how to exceed that volume, a new bona fide processing of the chemical substances modify the significant new uses for the submission would be necessary to for a significant new use identified as of chemical substances that are the subject determine whether that higher volume the cutoff date, that person will have to of these SNURs, EPA considered would be a significant new use. cease any such activity upon the relevant information about the toxicity effective date of the final rule. To of the chemical substance, likely human IV. Public Comments resume their activities, that person exposures and environmental releases EPA received three public comments would have to first comply with all associated with possible uses, and the in response to the proposed SNURs. applicable SNUR notification four TSCA section 5(a)(2) factors listed None of the comments pertained to the requirements and wait until EPA has in this unit. proposed SNURs or the basis for these conducted a review of the notice, made B. Procedures for Significant New Uses SNURs. As a result, EPA is finalizing an appropriate determination on the Claimed as Confidential Business the rules as proposed and is not notice, and has taken such actions as are Information (CBI) responding to the comments. required with that determination. By this rule, EPA is establishing V. Rationale of the Final Rule VII. Development and Submission of certain significant new uses which have These amendments are based on Information been claimed as CBI subject to Agency EPA’s determination under 40 CFR EPA recognizes that TSCA section 5 confidentiality regulations at 40 CFR 721.85(a)(3) that significant new use generally does not require development part 2 and 40 CFR part 720, subpart E. notices for some of the activities of any particular new information (e.g., Absent a final determination or other designated as significant new uses of the generating test data) before submission disposition of the confidentiality claim relevant chemical substances were of a SNUN. There is an exception: If a under 40 CFR part 2 procedures, EPA is submitted to EPA and after reviewing person is required to submit information required to keep this information the notices, EPA concluded that there is for a chemical substance pursuant to a confidential. EPA promulgated a no need to require additional notice rule, order or consent agreement under procedure to deal with the situation from persons who propose to engage in TSCA section 4, then TSCA section where a specific significant new use is identical or similar activities. In those 5(b)(1)(A) requires such information to CBI, at 40 CFR 721.1725(b)(1) and has instances where EPA expanded the be submitted to EPA at the time of referenced it to apply to other SNURs. scope of the significant new use, the submission of the SNUN. Under these procedures a Agency identified concerns, as In the absence of a rule, order, or manufacturer or processor may request discussed in Unit IV. of the proposed consent agreement under TSCA section EPA to determine whether a proposed rule, associated with certain potential 4 covering the chemical substance, use would be a significant new use new uses. In addition to considering the persons are required only to submit under the rule. The manufacturer or factors discussed in Unit IV. of the information in their possession or processor must show that it has a bona proposed rule, EPA determined that control and to describe any other

VerDate Sep<11>2014 16:24 Jun 04, 2021 Jkt 253001 PO 00000 Frm 00061 Fmt 4700 Sfmt 4700 E:\FR\FM\07JNR1.SGM 07JNR1 khammond on DSKJM1Z7X2PROD with RULES 30212 Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Rules and Regulations

information known to or reasonably EPA regulatory procedures as persons to average between 30 and 170 hours ascertainable by them (see 40 CFR submitting a PMN under 40 CFR part per response. This burden estimate 720.50). However, upon review of PMNs 720, including submission of test data includes the time needed to review and SNUNs, the Agency has the on health and environmental effects as instructions, search existing data authority to require appropriate testing. described in 40 CFR 720.50. SNUNs sources, gather and maintain the data Unit IV. of the proposed rule lists must be submitted on EPA Form No. needed, and complete, review, and potentially useful information for all 7710–25, generated using e-PMN submit the required SNUN. SNURs addressed in this final rule. software, and submitted to the Agency The listing of the OMB control Descriptions are provided for in accordance with the procedures set numbers of the collection instruments informational purposes. The forth in 40 CFR 721.25 and 720.40. E– and their subsequent codification in the information identified in Unit IV. of the PMN software is available electronically table in 40 CFR 9.1 satisfies the display proposed rule will be potentially useful at https://www.epa.gov/reviewing-new- requirements of the PRA and OMB’s to EPA’s evaluation of a chemical chemicals-under-toxic-substances- implementing regulations at 5 CFR part substance in the event that someone control-act-tsca. 1320. Since this ICR was previously submits a SNUN for a significant new subject to public notice and comment use pursuant to the SNURs addressed in IX. Economic Analysis prior to OMB approval, and given the this final rule. Companies who are EPA has evaluated the potential costs technical nature of the table in 40 CFR considering submitting a SNUN are of establishing SNUN requirements for part 9, EPA finds that further notice and encouraged, but are not required, to potential manufacturers and processors comment to amend it is unnecessary. As develop the potentially useful of the chemical substances subject to a result, EPA finds that there is ‘‘good information on the substance. this rule. EPA’s complete economic cause’’ under section 553(b)(3)(B) of the EPA strongly encourages persons, analysis is available in the docket for Administrative Procedure Act (5 U.S.C. before performing any testing, to consult this rulemaking. 553(b)(3)(B)) to amend this table in 40 with the Agency. Furthermore, pursuant CFR 9.1 without further notice and to TSCA section 4(h), which pertains to X. Statutory and Executive Order comment. reduction of testing on vertebrate Reviews C. Regulatory Flexibility Act (RFA) animals, EPA encourages consultation Additional information about these with the Agency on the use of statutes and Executive orders can be Pursuant to the RFA section 605(b), 5 alternative test methods and strategies found at https://www.epa.gov/laws- U.S.C. 601 et seq., I hereby certify that (also called New Approach regulations-and-executive-orders. promulgation of this SNUR would not Methodologies, or NAMs), if available, have a significant adverse economic A. Executive Order 12866: Regulatory to generate the recommended test data. impact on a substantial number of small Planning and Review and Executive EPA encourages dialogue with Agency entities. The requirement to submit a Order 13563: Improving Regulations representatives to help determine how SNUN applies to any person (including and Regulatory Review best the submitter can meet both the small or large entities) who intends to data needs and the objective of TSCA This action modifies SNURs for engage in any activity described in the section 4(h). For more information on several new chemical substances that final rule as a ‘‘significant new use’’. alternative test methods and strategies were the subject of PMNs and SNUNs. Because these uses are ‘‘new,’’ based on to reduce vertebrate animal testing, visit The Office of Management and Budget all information currently available to https://www.epa.gov/assessing-and- (OMB) has exempted these types of EPA, it appears that no small or large managing-chemicals-under-tsca/ actions from review under Executive entities presently engage in such alternative-test-methods-and-strategies- Orders 12866 (58 FR 51735, October 4, activities. A SNUR requires that any reduce. 1993) and 13563 (76 FR 3821, January person who intends to engage in such The potentially useful information 21, 2011). activity in the future must first notify EPA by submitting a SNUN. Although identified in Unit IV. of the proposed B. Paperwork Reduction Act (PRA) rule may not be the only means of some small entities may decide to addressing the potential risks of the According to the PRA, (44 U.S.C. 3501 pursue a significant new use in the chemical substance. However, et seq.), an agency may not conduct or future, EPA cannot presently determine submitting a SNUN without any test sponsor, and a person is not required to how many, if any, there may be. data or other information may increase respond to a collection of information However, EPA’s experience to date is the likelihood that EPA will take action that requires OMB approval under PRA, that, in response to the promulgation of under TSCA sections 5(e) or 5(f). EPA unless it has been approved by OMB SNURs covering over 1,000 chemicals, recommends that potential SNUN and displays a currently valid OMB the Agency receives only a small submitters contact EPA early enough so control number. The OMB control number of notices per year. For that they will be able to conduct the numbers for EPA’s regulations in title 40 example, the number of SNUNs appropriate tests. of the CFR, after appearing in the received was seven in Federal fiscal SNUN submitters should be aware Federal Register, are listed in 40 CFR year (FY) 2013, 13 in FY2014, six in that EPA will be better able to evaluate part 9, and included on the related FY2015, 12 in FY2016, 13 in FY2017, SNUNs that provide detailed collection instrument or form, if and 11 in FY2018. Only a fraction of information on the following: applicable. these were from small businesses. In • Human exposure and The information collection activities addition, the Agency currently offers environmental release that may result associated with these SNURs have relief to qualifying small businesses by from the significant new use of the already been approved by OMB reducing the SNUN submission fee from chemical substances; and pursuant to the PRA under OMB control $16,000 to $2,800. This lower fee number 2070–0012 (EPA ICR No. 574). reduces the total reporting and VIII. SNUN Submissions This action does not impose any burden recordkeeping of cost of submitting a According to 40 CFR 721.1(c), persons requiring additional OMB approval. If SNUN to about $10,116 for qualifying submitting a SNUN must comply with an entity were to submit a SNUN to the small firms. Therefore, the potential the same notification requirements and Agency, the annual burden is estimated economic impacts of complying with

VerDate Sep<11>2014 16:24 Jun 04, 2021 Jkt 253001 PO 00000 Frm 00062 Fmt 4700 Sfmt 4700 E:\FR\FM\07JNR1.SGM 07JNR1 khammond on DSKJM1Z7X2PROD with RULES Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Rules and Regulations 30213

this SNUR are not expected to be H. Executive Order 13211: Actions under this section for the significant significant or adversely impact a Concerning Regulations That new uses described in paragraph (a)(2) substantial number of small entities. In Significantly Affect Energy Supply, of this section. a SNUR that published in the Federal Distribution, or Use (2) * * * (ii) Industrial, commercial, and Register of June 2, 1997 (62 FR 29684) This action is not subject to Executive consumer activities. Requirements as (FRL–5597–1), the Agency presented its Order 13211 (66 FR 28355, May 22, specified in § 721.80(f). It is a significant general determination that final SNURs 2001), because this action is not are not expected to have a significant new use to import, process, or use this expected to affect energy supply, chemical substance as a powder unless economic impact on a substantial distribution, or use and because this number of small entities, which was less than 1% of particles by weight are action is not a significant regulatory less than 200 microns. provided to the Chief Counsel for action under Executive Order 12866. Advocacy of the Small Business * * * * * Administration. I. National Technology Transfer and ■ 3. Amend § 721.9675 by revising Advancement Act (NTTAA) D. Unfunded Mandates Reform Act paragraphs (a)(1), (a)(2)(i), (a)(2)(ii) and (UMRA) Since this action does not involve any (b)(1) to read as follows: technical standards, NTTAA section Based on EPA’s experience with § 721.9675 Titanate [Ti6O13 (2-)], 12(d) (15 U.S.C. 272 note), does not dipotassium. proposing and finalizing SNURs, State, apply to this action. local, and Tribal governments have not (a) Chemical substance and been impacted by these rulemakings, J. Executive Order 12898: Federal significant new uses subject to reporting. and EPA does not have any reasons to Actions To Address Environmental (1) The chemical substance identified as believe that any State, local, or Tribal Justice in Minority Populations and titanate [Ti6O13 (2-)], dipotassium government will be impacted by this Low-Income Populations (PMN P–90–226; SNUNs P–96–1408, S– action. As such, EPA has determined This action does not entail special 08–6, S–09–4, S–13–49, S–16–5, and S– that this action does not impose any considerations of environmental justice 17–6; CAS No. 12056–51–8) is subject to reporting under this section for the enforceable duty, contain any unfunded related issues as delineated by significant new uses described in mandate, or otherwise have any effect Executive Order 12898 (59 FR 7629, paragraph (a)(2) of this section. on small governments subject to the February 16, 1994). requirements of UMRA sections 202, (2) * * * 203, 204, or 205 (2 U.S.C. 1501 et seq.). K. Congressional Review Act (CRA) (i) Protection in the workplace. For manufacturing, processing, and use of This action is subject to the CRA (5 E. Executive Order 13132: Federalism SN–17–6: Requirements as specified in U.S.C. 801 et seq.), and EPA will submit § 721.63(a)(4), (5), (6), and (c). When This action will not have federalism a rule report containing this rule and determining which persons are implications because it is not expected other required information to each reasonably likely to be exposed as to have a substantial direct effect on House of the Congress and to the required for § 721.63(a)(4), engineering States, on the relationship between the Comptroller General of the United control measures (e.g., enclosure or national government and the States, or States. This action is not a ‘‘major rule’’ confinement of the operation, general on the distribution of power and as defined by 5 U.S.C. 804(2). responsibilities among the various and local ventilation) or administrative levels of government, as specified in List of Subjects in 40 CFR Part 721 control measures (e.g., workplace Executive Order 13132 (64 FR 43255, Environmental protection, Chemicals, policies and procedures) shall be August 10, 1999). Hazardous substances, Reporting and considered and implemented to prevent recordkeeping requirements. exposure, where feasible. For purposes F. Executive Order 13175: Consultation of § 721.63(a)(5), respirators must and Coordination With Indian Tribe Dated: May 25, 2021. provide a National Institute for Governments Tala Henry, Occupational Safety and Health This action will not have Tribal Deputy Director, Office of Pollution assigned protection factor of at least 10. implications because it is not expected Prevention and Toxics. For purposes of § 721.63(a)(6), the to have substantial direct effects on Therefore, for the reasons stated in the airborne form(s) of the substance Indian Tribes, significantly or uniquely preamble, 40 CFR chapter I is amended include particulate (including solid or affect the communities of Indian Tribal as follows: liquid droplets). governments, and does not involve or (A) As an alternative to the respirator impose any requirements that affect PART 721—SIGNIFICANT NEW USES requirements in paragraph (a)(2)(i) of Indian Tribes. Accordingly, the OF CHEMICAL SUBSTANCES this section, a manufacturer or processor requirements of Executive Order 13175 may choose to follow the new chemical ■ (65 FR 67249, November 9, 2000), do 1. The authority citation for part 721 exposure limit (NCEL) provision listed not apply to this action. continues to read as follows: in the TSCA section 5(e) consent order Authority: 15 U.S.C. 2604, 2607, and for this substance. The NCEL is 0.8 mg/ G. Executive Order 13045: Protection of 2625(c). m3 as an 8-hour time weighted average. Children From Environmental Health ■ Persons who wish to pursue NCELs as Risks and Safety Risks 2. Amend § 721.983 by revising paragraphs (a)(1) and (a)(2)(ii) to read as an alternative to § 721.63 respirator This action is not subject to Executive follows: requirements may request to do so Order 13045 (62 FR 19885, April 23, under § 721.30. Persons whose § 721.30 1997), because this is not an § 721.983 Sulfonyl azide intermediate requests to use the NCELs approach are economically significant regulatory (generic). approved by EPA will be required to action as defined by Executive Order (a) * * * (1) The chemical substance follow NCELs provisions comparable to 12866, and this action does not address identified generically as sulfonyl azide those contained in the corresponding environmental health or safety risks intermediate (PMN P–99–1202 and TSCA section 5(e) consent order. disproportionately affecting children. SNUN S–15–6) is subject to reporting (B) [Reserved]

VerDate Sep<11>2014 16:24 Jun 04, 2021 Jkt 253001 PO 00000 Frm 00063 Fmt 4700 Sfmt 4700 E:\FR\FM\07JNR1.SGM 07JNR1 khammond on DSKJM1Z7X2PROD with RULES 30214 Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Rules and Regulations

(ii) Industrial, commercial, and (a)(6)(v), (b), and (c). When determining (i) Industrial commercial, and consumer activities. Requirements as which persons are reasonably likely to consumer activities. Requirements as specified in § 721.80(f) and (l). In be exposed as required for § 721.63(a)(1) specified in § 721.80(o). It is a addition, a significant new use of the and (4), engineering control measures significant new use to use the substance substance is importation of the chemical (e.g., enclosure or confinement of the other than for the confidential uses substance if: operation, general and local ventilation) described in PMN P–15–326 and SNUN (A) Manufactured by other than the or administrative control measures (e.g., S–17–11. method described in premanufacture workplace policies and procedures) * * * * * notice P–90–226 and significant new shall be considered and implemented to ■ 7. Amend § 721.10922 by: use notices P–96–1408, S–08–6, S–09–4, prevent exposure, where feasible. For ■ a. Revising paragraphs (a)(1), (a)(2)(i) S–13–49, S–16–5, and S–17–6. purposes of § 721.63(a)(5), respirators and (a)(2)(ii); (B) Manufactured producing must provide a National Institute for ■ b. Adding paragraphs (a)(2)(iii) and respirable, acicular fibers with an Occupational Safety and Health (iv); average aspect ratio of greater than 5. assigned protection factor of at least 50. ■ c. Revising paragraph (b)(1); and The average aspect ratio is defined as For purposes of § 721.63(b), the ■ d. Removing paragraph (b)(3). the ratio of average length to average concentration is set at 1.0%. The revisions and additions read as diameter. For manufacture of S–17–6: (ii) Hazard communication. follows: Manufacture with a particle size Requirements as specified in § 721.72(a) through (f), (g)(1) through (3), (g)(4)(i), § 721.10922 1,2,4,5,7,8-Hexoxonane, 3,6,9- distribution containing greater than trimethyl-, 3,6,9-tris(alkyl) derivs. (generic). 30% of particles less than 10 microns. and (g)(5). For purposes of § 721.72(e), the concentration is set at 1.0%. For (a) * * * (1) The chemical substance (b) * * * identified generically as 1,2,4,5,7,8- (1) Recordkeeping. Recordkeeping purposes of § 721.72(g)(1), the required human health hazard statements hexoxonane, 3,6,9-trimethyl-, 3,6,9- requirements as specified in tris(alkyl) derivs. (PMN P–15–607 and § 721.125(a) through (d) and (i) are include: Internal organ effects; reproductive effects; allergic skin SNUN S–17–13) is subject to reporting applicable to manufacturers and under this section for the significant processors of this substance. reaction. For purposes of § 721.72(g)(2), the required human health new uses described in paragraph (a)(2) * * * * * precautionary statements include: Use of this section. ■ 4. Amend § 721.10288 by revising skin protection; where engineering (2) * * * paragraphs (a)(1) and (a)(2)(i) to read as controls are not determined to be (i) Protection in the workplace. follows: adequate, use respiratory protection. For Requirements as specified in § 721.63(a)(1), (a)(3) through (5), § 721.10288 Cyclohexane, oxidized, by- purposes of § 721.72(g)(3), the required environmental hazard statements (a)(6)(v), (b), and (c). When determining products from, distn. residues. which persons are reasonably likely to (a) * * * (1) The chemical substance include: This substance may cause long lasting harmful effects to aquatic life. be exposed as required for § 721.63(a)(1) identified as cyclohexane, oxidized, by- and (4), engineering control measures products from, distn. residues (PMN P– Alternative hazard and warning statements that meet the criteria of the (e.g., enclosure or confinement of the 11–316; CAS No. 1014979–92–0) is operation, general and local ventilation) subject to reporting under this section Globally Harmonized System and OSHA Hazard Communication Standard may or administrative control measures (e.g., for the significant new uses described in workplace policies and procedures) paragraph (a)(2) of this section. be used. (iii) Industrial commercial, and shall be considered and implemented to (2) * * * consumer activities. It is a significant prevent exposure, where feasible. For (i) Release to water. Requirements as new use to process or use the substance purposes of § 721.63(a)(5), respirators specified in § 721.90(a)(4), (b)(4) and with an application method that must provide a National Institute for (c)(4), where N=470. generates a mist, vapor, or aerosol. Occupational Safety and Health * * * * * (iv) Release to water. Requirements as assigned protection factor of at least 50. ■ 5. Amend § 721.10432 by: specified in § 721.90(a)(4), (b)(4) and For purposes of § 721.63(b), the ■ a. Revising paragraphs (a)(1), (a)(2)(i) (c)(4), where N=56. concentration is set at 1.0%. and (a)(2)(ii); (b) * * * (ii) Hazard communication. ■ b. Adding paragraphs (a)(2)(iii) and (1) Recordkeeping. Recordkeeping Requirements as specified in § 721.72(a) (iv); and requirements as specified in through (f), (g)(1) through (3), (g)(4)(i), ■ c. Revising paragraph (b)(1). § 721.125(a) through (i), and (k) are and (g)(5). For purposes of § 721.72(e), The revisions and additions read as applicable to manufacturers and the concentration is set at 1.0%. For follows: processors of this substance. purposes of § 721.72(g)(1), the required * * * * * human health hazard statements § 721.10432 1,2,4,5,7,8-Hexoxonane, 3,6,9- include: Internal organ effects; ■ 6. Amend § 721.10907 by revising triethyl-3,6,9-trimethyl-. reproductive effects; allergic skin paragraphs (a)(1) and (a)(2)(i) to read as (a) * * * (1) The chemical substance reaction. For purposes of § 721.72(g)(2), follows: identified as 1,2,4,5,7,8-hexoxonane, the required human health 3,6,9-triethyl-3,6,9-trimethyl- (PMN P– § 721.10907 Polyfluorohydrocarbon precautionary statements include: Use 98–1028 and SNUNs S–14–9, S–17–12, (generic). skin protection; where engineering and S–17–15; CAS No. 24748–23–0) is (a) * * * (1) The chemical substance controls are not determined to be subject to reporting under this section identified generically as adequate, use respiratory protection. For for the significant new uses described in polyfluorohydrocarbon (PMN P–15–326 purposes of § 721.72(g)(3), the required paragraph (a)(2) of this section. and SNUN S–17–11) is subject to environmental hazard statements (2) * * * reporting under this section for the include: This substance may cause long (i) Protection in the workplace. significant new uses described in lasting harmful effects to aquatic life. Requirements as specified in paragraph (a)(2) of this section. Alternative hazard and warning § 721.63(a)(1), (a)(3) through (5), (2) * * * statements that meet the criteria of the

VerDate Sep<11>2014 16:24 Jun 04, 2021 Jkt 253001 PO 00000 Frm 00064 Fmt 4700 Sfmt 4700 E:\FR\FM\07JNR1.SGM 07JNR1 khammond on DSKJM1Z7X2PROD with RULES Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Rules and Regulations 30215

Globally Harmonized System and OSHA with an application method that § 721.125(a) through (i) and (k) are Hazard Communication Standard may generates a mist, vapor, or aerosol. applicable to manufacturers and be used. (iv) Release to water. Requirements as processors of this substance. specified in § 721.90(a)(4), (b)(4) and (iii) Industrial commercial, and * * * * * (c)(4), where N=56. [FR Doc. 2021–11768 Filed 6–4–21; 8:45 am] consumer activities. It is a significant (b) * * * new use to process or use the substance (1) Recordkeeping. Recordkeeping BILLING CODE 6560–50–P requirements as specified in

VerDate Sep<11>2014 16:24 Jun 04, 2021 Jkt 253001 PO 00000 Frm 00065 Fmt 4700 Sfmt 9990 E:\FR\FM\07JNR1.SGM 07JNR1 khammond on DSKJM1Z7X2PROD with RULES 30216

Proposed Rules Federal Register Vol. 86, No. 107

Monday, June 7, 2021

This section of the FEDERAL REGISTER For service information identified in personal information you provide. The contains notices to the public of the proposed this NPRM, contact Boeing Commercial agency will also post a report issuance of rules and regulations. The Airplanes, Attention: Contractual & Data summarizing each substantive verbal purpose of these notices is to give interested Services (C&DS), 2600 Westminster contact received about this NPRM. persons an opportunity to participate in the Blvd., MC 110–SK57, Seal Beach, CA rule making prior to the adoption of the final Confidential Business Information rules. 90740–5600; telephone 562–797–1717; internet https://www.myboeing CBI is commercial or financial fleet.com. You may view this referenced information that is both customarily and DEPARTMENT OF TRANSPORTATION service information at the FAA, actually treated as private by its owner. Airworthiness Products Section, Under the Freedom of Information Act Federal Aviation Administration Operational Safety Branch, 2200 South (FOIA) (5 U.S.C. 552), CBI is exempt 216th St., Des Moines, WA. For from public disclosure. If your 14 CFR Part 39 information on the availability of this comments responsive to this NPRM contain commercial or financial [Docket No. FAA–2021–0376; Project material at the FAA, call 206–231–3195. Identifier AD–2021–00062–T] It is also available on the internet at information that is customarily treated https://www.regulations.gov by as private, that you actually treat as RIN 2120–AA64 searching for and locating Docket No. private, and that is relevant or FAA–2021–0376. responsive to this NPRM, it is important Airworthiness Directives; The Boeing that you clearly designate the submitted Examining the AD Docket Company Airplanes comments as CBI. Please mark each AGENCY: Federal Aviation You may examine the AD docket at page of your submission containing CBI Administration (FAA), DOT. https://www.regulations.gov by as ‘‘PROPIN.’’ The FAA will treat such searching for and locating Docket No. ACTION: Notice of proposed rulemaking marked submissions as confidential (NPRM). FAA–2021–0376; or in person at Docket under the FOIA, and they will not be Operations between 9 a.m. and 5 p.m., placed in the public docket of this SUMMARY: The FAA proposes to adopt a Monday through Friday, except Federal NPRM. Submissions containing CBI new airworthiness directive (AD) for all holidays. The AD docket contains this should be sent to Stefanie Roesli, The Boeing Company Model 747–100, NPRM, any comments received, and Aerospace Engineer, Airframe Section, –100B, –100B SUD, –200B, –200C, other information. The street address for FAA, Seattle ACO Branch, 2200 South –200F, –300, –400, –400D, –400F, Docket Operations is listed above. 216th St., Des Moines, WA 98198; 747SR, and 747SP airplanes. This FOR FURTHER INFORMATION CONTACT: phone and fax: 206 231 3964; email: proposed AD was prompted by reports Stefanie Roesli, Aerospace Engineer, [email protected]. Any of cracks found in the front spar shear Airframe Section, FAA, Seattle ACO commentary that the FAA receives tie and at the intercostal lug fitting at Branch, 2200 South 216th St., Des which is not specifically designated as certain locations. This proposed AD Moines, WA 98198; phone and fax: 206– CBI will be placed in the public docket would require repetitive detailed and 231–3964; email: Stefanie.N.Roesli@ for this rulemaking. surface high frequency eddy current faa.gov. Background (HFEC) inspections of the front spar SUPPLEMENTARY INFORMATION: shear tie and intercostal lug fitting at The FAA has received reports certain locations for any cracking, and Comments Invited indicating cracks were found in the applicable on-condition actions. The The FAA invites you to send any station (STA) 1000 front spar shear tie FAA is proposing this AD to address the written relevant data, views, or at the left and right side buttock line unsafe condition on these products. arguments about this proposal. Send (BL) 11.33, BL 33.99, BL 57.50, and BL DATES: The FAA must receive comments your comments to an address listed 75.92, and in the intercostal lug fitting on this proposed AD by July 22, 2021. under ADDRESSES. Include ‘‘Docket No. at the left and right side BL 11.33. The ADDRESSES: You may send comments, FAA–2021–0376; Project Identifier AD– cause of the cracks in the front spar using the procedures found in 14 CFR 2021–00062–T’’ at the beginning of your shear tie was fatigue at the holes of the 11.43 and 11.45, by any of the following comments. The most helpful comments system standoff brackets and front spar methods: reference a specific portion of the shear tie radius details. In addition, the • Federal eRulemaking Portal: Go to proposal, explain the reason for any cracks on the longitudinal lug fitting https://www.regulations.gov. Follow the recommended change, and include were caused by fatigue at the radius instructions for submitting comments. supporting data. The FAA will consider between the lug and the fitting base. • Fax: 202–493–2251. all comments received by the closing This condition, if not addressed, • Mail: U.S. Department of date and may amend this proposal could result in the loss of limit load Transportation, Docket Operations, because of those comments. capability in a principal structural M–30, West Building Ground Floor, Except for Confidential Business element, the potential inability to Room W12–140, 1200 New Jersey Information (CBI) as described in the restrain the cargo for certain cargo Avenue SE, Washington, DC 20590. following paragraph, and other configurations, and the potential for a • Hand Delivery: Deliver to Mail information as described in 14 CFR center fuel tank rupture for certain cargo address above between 9 a.m. and 5 11.35, the FAA will post all comments configurations under limit load p.m., Monday through Friday, except received, without change, to https:// conditions, which could adversely affect Federal holidays. www.regulations.gov, including any the structural integrity of the airplane.

VerDate Sep<11>2014 16:42 Jun 04, 2021 Jkt 253001 PO 00000 Frm 00001 Fmt 4702 Sfmt 4702 E:\FR\FM\07JNP1.SGM 07JNP1 khammond on DSKJM1Z7X2PROD with PROPOSALS Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Proposed Rules 30217

FAA’s Determination and of the intercostal lug fitting at the the service information already The FAA is issuing this NPRM after left and right side BL 11.33, for any described except for any differences determining that the unsafe condition cracking, and applicable on-condition identified as exceptions in the described previously is likely to exist or actions. On-condition actions include regulatory text of this proposed AD. For develop on other products of the same repair, installing a new front spar shear information on the procedures and type design. tie, and installing a new intercostal lug compliance times, see this service fitting. This service information is information at https:// Related Service Information Under 1 reasonably available because the www.regulations.gov by searching for CFR Part 51 interested parties have access to it and locating Docket No. FAA–2021– The FAA reviewed Boeing Alert through their normal course of business 0376. or by the means identified in Requirements Bulletin 747–53A2904 Costs of Compliance RB, dated December 16, 2020. This ADDRESSES. service information specifies procedures Proposed AD Requirements in This The FAA estimates that this AD, if for repetitive detailed and surface HFEC NPRM adopted as proposed, would affect 117 inspections of the STA 1000 front spar airplanes of U.S. registry. The FAA shear tie at the left and right side BL This proposed AD would require estimates the following costs to comply 11.33, BL 33.99, BL 57.50, and BL 75.92, accomplishing the actions specified in with this proposed AD:

ESTIMATED COSTS

Cost on U.S. Action Labor cost Parts cost Cost per product operators

Inspections ...... Up to 314 work-hours × $85 per hour = Up to $26,690 ...... $0 Up to $26,690 ...... Up to $3,122,730.

The FAA estimates the following based on the results of the proposed might need these installations and costs to do any necessary installations inspection. The agency has no way of repairs: and repairs that would be required determining the number of aircraft that

ON-CONDITION COSTS

Action Labor cost Parts cost Cost per product

Installations ...... Up to 368 work-hour × $85 per hour = Up to Up to $38,446 (for shear ties and intercostal lug Up to $69,726. $31,280. fittings).

The FAA has received no definitive Regulatory Findings the FAA proposes to amend 14 CFR part data on which to base the cost estimates The FAA determined that this 39 as follows: for the repairs specified in this proposed proposed AD would not have federalism PART 39—AIRWORTHINESS AD. implications under Executive Order DIRECTIVES Authority for This Rulemaking 13132. This proposed AD would not have a substantial direct effect on the ■ Title 49 of the United States Code States, on the relationship between the 1. The authority citation for part 39 continues to read as follows: specifies the FAA’s authority to issue national Government and the States, or rules on aviation safety. Subtitle I, on the distribution of power and Authority: 49 U.S.C. 106(g), 40113, 44701. section 106, describes the authority of responsibilities among the various § 39.13 [Amended] the FAA Administrator. Subtitle VII: levels of government. Aviation Programs, describes in more For the reasons discussed above, I ■ 2. The FAA amends § 39.13 by adding detail the scope of the Agency’s certify this proposed regulation: the following new airworthiness authority. (1) Is not a ‘‘significant regulatory directive: action’’ under Executive Order 12866, The FAA is issuing this rulemaking (2) Would not affect intrastate The Boeing Company: Docket No. FAA– under the authority described in aviation in Alaska, and 2021–0376; Project Identifier AD–2021– Subtitle VII, Part A, Subpart III, Section (3) Would not have a significant 00062–T. 44701: General requirements. Under economic impact, positive or negative, (a) Comments Due Date that section, Congress charges the FAA on a substantial number of small entities The FAA must receive comments on this with promoting safe flight of civil under the criteria of the Regulatory airworthiness directive (AD) by July 22, 2021. aircraft in air commerce by prescribing Flexibility Act. (b) Affected ADs regulations for practices, methods, and List of Subjects in 14 CFR Part 39 procedures the Administrator finds None. Air transportation, Aircraft, Aviation necessary for safety in air commerce. (c) Applicability This regulation is within the scope of safety, Incorporation by reference, that authority because it addresses an Safety. This AD applies to all The Boeing unsafe condition that is likely to exist or Company Model 747–100, –100B, –100B The Proposed Amendment SUD, –200B, –200C, –200F, –300, –400, develop on products identified in this Accordingly, under the authority –400D, –400F, 747SR, and 747SP airplanes, rulemaking action. delegated to me by the Administrator, certificated in any category.

VerDate Sep<11>2014 16:42 Jun 04, 2021 Jkt 253001 PO 00000 Frm 00002 Fmt 4702 Sfmt 4702 E:\FR\FM\07JNP1.SGM 07JNP1 khammond on DSKJM1Z7X2PROD with PROPOSALS 30218 Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Proposed Rules

(d) Subject or lacking a principal inspector, the manager the life limit information. This proposed Air Transport Association (ATA) of of the responsible Flight Standards Office. AD would require determining the total America Code 53, Fuselage. (3) An AMOC that provides an acceptable hours time-in-service (TIS) of a certain level of safety may be used for any repair, part-numbered rotor mast nut and re- (e) Unsafe Condition modification, or alteration required by this AD if it is approved by The Boeing Company identifying a certain part-numbered This AD was prompted by reports of cracks rotor mast nut. This proposed AD would in the station (STA) 1000 front spar shear tie Organization Designation Authorization at the left and right side buttock line (BL) (ODA) that has been authorized by the also require establishing a life limit for 11.33, BL 33.99, BL 57.50, and BL 75.92, and Manager, Seattle ACO Branch, FAA, to make a certain part-numbered rotor mast nut in the intercostal lug fitting at the left and those findings. To be approved, the repair and helical gear support, and removing right side BL 11.33. The FAA is issuing this method, modification deviation, or alteration each part from service before reaching AD to address any cracking in these areas deviation must meet the certification basis of its life limit. Additionally, this proposed that could result in the loss of limit load the airplane, and the approval must AD would require replacing a certain specifically refer to this AD. capability in a principal structural element, part-numbered main gearbox (MGB) the potential inability to restrain the cargo for (j) Related Information with a not affected MGB as specified in certain cargo configurations, and the potential for a center fuel tank rupture for (1) For more information about this AD, a European Aviation Safety Agency certain cargo configurations under limit load contact Stefanie Roesli, Aerospace Engineer, (now European Union Aviation Safety conditions, which could adversely affect the Airframe Section, FAA, Seattle ACO Branch, Agency) (EASA) AD, which is proposed structural integrity of the airplane. 2200 South 216th St., Des Moines, WA for incorporation by reference (IBR). The 98198; phone and fax: 206–231–3964; email: FAA is proposing this AD to address the (f) Compliance [email protected]. unsafe condition on these products. Comply with this AD within the (2) For service information identified in compliance times specified, unless already this AD, contact Boeing Commercial DATES: The FAA must receive comments done. Airplanes, Attention: Contractual & Data on this proposed AD by July 22, 2021. Services (C&DS), 2600 Westminster Blvd., ADDRESSES: (g) Required Actions You may send comments, MC 110–SK57, Seal Beach, CA 90740–5600; using the procedures found in 14 CFR telephone 562–797–1717; internet https:// Except as specified by paragraph (h) of this 11.43 and 11.45, by any of the following AD: At the applicable times specified in the www.myboeingfleet.com. You may view this referenced service information at the FAA, methods: ‘‘Compliance’’ paragraph of Boeing Alert • Requirements Bulletin 747–53A2904 RB, Airworthiness Products Section, Operational Federal eRulemaking Portal: Go to dated December 16, 2020, do all applicable Safety Branch, 2200 South 216th St., Des https://www.regulations.gov. Follow the actions identified in, and in accordance with, Moines, WA. For information on the instructions for submitting comments. the Accomplishment Instructions of Boeing availability of this material at the FAA, call • Fax: (202) 493–2251. Alert Requirements Bulletin 747–53A2904 206–231–3195. • Mail: U.S. Department of RB, dated December 16, 2020. Issued on May 18, 2021. Transportation, Docket Operations, Note 1 to paragraph (g): Guidance for Lance T. Gant, M–30, West Building Ground Floor, accomplishing the actions required by this Director, Compliance & Airworthiness Room W12–140, 1200 New Jersey AD can be found in Boeing Alert Service Division, Aircraft Certification Service. Avenue SE, Washington, DC 20590. Bulletin 747–53A2904, dated December 16, • [FR Doc. 2021–11844 Filed 6–4–21; 8:45 am] Hand Delivery: Deliver to Mail 2020, which is referred to in Boeing Alert address above between 9 a.m. and 5 Requirements Bulletin 747–53A2904 RB, BILLING CODE 4910–13–P dated December 16, 2020. p.m., Monday through Friday, except Federal holidays. (h) Exceptions to Service Information DEPARTMENT OF TRANSPORTATION For material that is proposed for IBR Specifications in this AD, contact EASA, Konrad- (1) Where Boeing Alert Requirements Federal Aviation Administration Adenauer-Ufer 3, 50668 Cologne, Bulletin 747–53A2904 RB, dated December Germany; telephone +49 221 8999 000; 16, 2020, uses the phrase ‘‘the original issue 14 CFR Part 39 email [email protected]; internet date of Requirements Bulletin 747–53A2904 www.easa.europa.eu. You may find this RB,’’ this AD requires using ‘‘the effective [Docket No. FAA–2021–0450; Project date of this AD.’’ Identifier 2017–SW–100–AD] material on the EASA website at https:// (2) Where Boeing Alert Requirements ad.easa.europa.eu. You may view this RIN 2120–AA64 Bulletin 747–53A2904 RB, dated December material at the FAA, Office of the 16, 2020, specifies contacting Boeing for Regional Counsel, Southwest Region, Airworthiness Directives; Airbus repair instructions: This AD requires doing 10101 Hillwood Pkwy., Room 6N–321, the repair using a method approved in Helicopters Deutschland GmbH (AHD) Fort Worth, TX 76177. For information accordance with the procedures specified in Helicopters on the availability of this material at the paragraph (i) of this AD. AGENCY: Federal Aviation FAA, call (817) 222–5110. It is also (i) Alternative Methods of Compliance Administration (FAA), DOT. available in the AD docket on the (AMOCs) ACTION: Notice of proposed rulemaking internet at https://www.regulations.gov (1) The Manager, Seattle ACO Branch, (NPRM). by searching for and locating Docket No. FAA, has the authority to approve AMOCs FAA–2021–0450. for this AD, if requested using the procedures SUMMARY: The FAA proposes to adopt a found in 14 CFR 39.19. In accordance with new airworthiness directive (AD) for Examining the AD Docket 14 CFR 39.19, send your request to your Airbus Helicopters Deutschland GmbH You may examine the AD docket on principal inspector or responsible Flight (AHD) Model MBB–BK 117 D–2 the internet at https:// Standards Office, as appropriate. If sending helicopters. This proposed AD was www.regulations.gov by searching for information directly to the manager of the prompted by the discovery that certain and locating Docket No. FAA–2021– certification office, send it to the attention of the person identified in Related Information. parts that are approved for installation 0450; or in person at Docket Operations Information may be emailed to: 9-ANM- on multiple helicopter models are life between 9 a.m. and 5 p.m., Monday [email protected]. limited parts when installed on Model through Friday, except Federal holidays. (2) Before using any approved AMOC, MBB–BK 117 D–2 helicopters and some The AD docket contains this NPRM, any notify your appropriate principal inspector, helicopter delivery documents excluded comments received, and other

VerDate Sep<11>2014 16:42 Jun 04, 2021 Jkt 253001 PO 00000 Frm 00003 Fmt 4702 Sfmt 4702 E:\FR\FM\07JNP1.SGM 07JNP1 khammond on DSKJM1Z7X2PROD with PROPOSALS Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Proposed Rules 30219

information. The street address for Worth, TX 76177; telephone (817) 222– of business or by the means identified Docket Operations is listed above. 5110; email [email protected]. in the ADDRESSES section. Comments will be available in the AD Any commentary that the FAA receives Other Related Service Information docket shortly after receipt. that is not specifically designated as CBI FOR FURTHER INFORMATION CONTACT: Rao will be placed in the public docket for The FAA reviewed Airbus Helicopters Edupuganti, Aerospace Engineer, this rulemaking. Alert Service Bulletin MBB–BK117 D–2–63A–001, Revision 0, dated Dynamic Systems Section, Technical Background Innovation Policy Branch, Policy & December 1, 2016 (ASB 63A–001), EASA, which is the Technical Agent Innovation Division, FAA, 10101 which is not incorporated by reference, for the Member States of the European Hillwood Pkwy., Fort Worth, TX 76177; which specifies procedures for re- Union, has issued EASA AD 2017–0037, telephone (817) 222–5110; email identifying the rotor mast nut by using dated February 22, 2017 (EASA AD [email protected]. a vibrograph, crossing out the old P/N 2017–0037), to correct an unsafe and marking the new P/N on the outer SUPPLEMENTARY INFORMATION: condition for Airbus Helicopters surface, engraving the letter ‘‘A’’ behind Comments Invited Deutschland GmbH (formerly the S/N of each part, and updating the Eurocopter Deutschland GmbH), Airbus historical record and log card to confirm The FAA invites you to send any Helicopters Inc. (formerly American compliance with ASB 63A–001. ASB written relevant data, views, or Eurocopter LLC) Model MBB–BK 117 63A–001 also specifies during the next arguments about this proposal. Send D–2 and MBB–BK117 D–2m helicopters. MGB overhaul, making an entry in the your comments to an address listed This proposed AD was prompted by log card to confirm re-identification of under ADDRESSES. Include ‘‘Docket No. the discovery that certain parts that are the helical gear support, and annotating FAA–2021–0450; Project Identifier approved for installation on multiple the S/N of the helical gear support. 2017–SW–100–AD’’ at the beginning of helicopter models are life limited parts your comments. The most helpful when installed on Model MBB–BK 117 FAA’s Determination and Requirements comments reference a specific portion of D–2 helicopters and some helicopter of This Proposed AD the proposal, explain the reason for any delivery documents excluded the life These products have been approved recommended change, and include limit information. The FAA is proposing by the aviation authority of another supporting data. The FAA will consider this AD to address an unsafe condition country, and are approved for operation all comments received by the closing on these products. See EASA AD 2017– in the United States. Pursuant to the date and may amend this proposal 0037 for additional background bilateral agreement with the State of because of those comments. information. Design Authority, the FAA has been Except for Confidential Business notified of the unsafe condition Information (CBI) as described in the Related Service Information Under 1 CFR Part 51 described in EASA AD 2017–0037. The following paragraph, and other FAA is proposing this AD after information as described in 14 CFR EASA AD 2017–0037 requires evaluating all the relevant information 11.35, the FAA will post all comments establishing a life limit for rotor mast and determining the unsafe condition received, without change, to https:// nut part number (P/N) D632K1133–201 described previously is likely to exist or www.regulations.gov, including any and helical gear support P/N develop in other products of the same personal information you provide. The D632K1113–201, and replacing these type design. agency will also post a report parts before exceeding their life limit. summarizing each substantive verbal EASA AD 2017–0037 also requires Proposed AD Requirements contact received about this proposal. replacing each rotor mast nut P/N This proposed AD would require D632K1133–201 for which the hours Confidential Business Information accomplishing the actions specified in time-in-service (TIS) are unknown and EASA AD 2017–0037, described CBI is commercial or financial replacing certain part-numbered rotor previously, as incorporated by information that is both customarily and mast nuts before accumulating 3,708 reference, except for any differences actually treated as private by its owner. hours TIS since first installation on a identified as exceptions in the Under the Freedom of Information Act helicopter. EASA AD 2017–0037 regulatory text of this proposed AD and (FOIA) (5 U.S.C. 552), CBI is exempt requires re-identifying each rotor mast except as discussed under ‘‘Differences from public disclosure. If your nut P/N 117–12133–01 to P/N Between this Proposed AD and the comments responsive to this NPRM D632K1133–201 by following the EASA AD.’’ contain commercial or financial specified service information. EASA AD information that is customarily treated 2017–0037 requires replacing any MGB Explanation of Required Compliance as private, that you actually treat as P/N D632K1001–051 with serial number Information private, and that is relevant or (S/N) D2–0001 up to D2–0108 inclusive, In the FAA’s ongoing efforts to responsive to this NPRM, it is important D2–0123, D2–0126, D2–0127, or D2– improve the efficiency of the AD that you clearly designate the submitted 0130 up to D2–0136 inclusive with a not process, the FAA initially worked with comments as CBI. Please mark each affected MGB before the affected MGB Airbus and EASA to develop a process page of your submission containing CBI accumulates 3,708 hours TIS. EASA AD to use certain EASA ADs as the primary as ‘‘PROPIN.’’ The FAA will treat such 2017–0037 also prohibits installing an source of information for compliance marked submissions as confidential affected rotor mast nut or an affected with requirements for corresponding under the FOIA, and they will not be MGB that has accumulated more than FAA ADs. The FAA has since placed in the public docket of this 3,708 hours TIS since first installation coordinated with other manufacturers NPRM. Submissions containing CBI on a helicopter. Additionally, EASA AD and civil aviation authorities (CAAs) to should be sent to Rao Edupuganti, 2017–0037 requires revising the Aircraft use this process. As a result, EASA AD Aerospace Engineer, Dynamic Systems Maintenance Program (AMP). 2017–0037 will be incorporated by Section, Technical Innovation Policy This material is reasonably available reference in the FAA final rule. This Branch, Policy & Innovation Division, because the interested parties have proposed AD would, therefore, require FAA, 10101 Hillwood Pkwy., Fort access to it through their normal course compliance with EASA AD 2017–0037

VerDate Sep<11>2014 16:42 Jun 04, 2021 Jkt 253001 PO 00000 Frm 00004 Fmt 4702 Sfmt 4702 E:\FR\FM\07JNP1.SGM 07JNP1 khammond on DSKJM1Z7X2PROD with PROPOSALS 30220 Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Proposed Rules

in its entirety, through that cost about $5,351 for an estimated cost PART 39—AIRWORTHINESS incorporation, except for any differences of $5,861 per rotor mast nut. DIRECTIVES identified as exceptions in the Replacing a main gearbox, which regulatory text of this proposed AD. includes replacing the helical gear ■ 1. The authority citation for part 39 Using common terms that are the same support, would take about 42 work- continues to read as follows: as the heading of a particular section in hours and parts would cost about Authority: 49 U.S.C. 106(g), 40113, 44701. the EASA AD does not mean that $295,000 (overhauled) for an estimated operators need comply only with that cost of $298,570. § 39.13 [Amended] section. For example, where the AD ■ 2. The FAA amends § 39.13 by adding requirement refers to ‘‘all required Authority for This Rulemaking the following new airworthiness actions and compliance times,’’ Title 49 of the United States Code directive: compliance with this AD requirement is specifies the FAA’s authority to issue Airbus Helicopters Deutschland GmbH not limited to the section titled rules on aviation safety. Subtitle I, (AHD): Docket No. FAA–2021–0450; ‘‘Required Action(s) and Compliance section 106, describes the authority of Project Identifier 2017–SW–100–AD. Time(s)’’ in the EASA AD. Service the FAA Administrator. Subtitle VII: (a) Comments Due Date information specified in EASA AD Aviation Programs, describes in more 2017–0037 that is required for The FAA must receive comments by July detail the scope of the Agency’s 22, 2021. compliance with EASA AD 2017–0037 authority. will be available on the internet at The FAA is issuing this rulemaking (b) Affected Airworthiness Directives (ADs) https://www.regulations.gov by under the authority described in None. searching for and locating Docket No. Subtitle VII, Part A, Subpart III, Section FAA–2021–0450 after the FAA final (c) Applicability 44701: General requirements. Under rule is published. This AD applies to Airbus Helicopters that section, Congress charges the FAA Deutschland GmbH (AHD) Model MBB–BK Differences Between This Proposed AD with promoting safe flight of civil 117 D–2 helicopters, certificated in any and the EASA AD aircraft in air commerce by prescribing category, with an affected main gearbox or EASA AD 2017–0037 applies to regulations for practices, methods, and affected rotor mast nut as identified in Note Model MBB–BK117 D–2 and D2m procedures the Administrator finds 1 of European Aviation Safety Agency (now helicopters, whereas this proposed AD necessary for safety in air commerce. European Union Aviation Safety Agency) This regulation is within the scope of (EASA) AD 2017–0037, dated February 22, would only apply to Model MBB– 2017 (EASA AD 2017–0037) installed. BK117 D–2 helicopters because Model that authority because it addresses an D–2m is not FAA type-certificated. If unsafe condition that is likely to exist or (d) Subject the total hours TIS for an affected rotor develop on products identified in this Joint Aircraft System Component (JASC) mast nut cannot be determined, this rulemaking action. Code: 6200, Main gearbox. proposed AD would require removing Regulatory Findings (e) Unsafe Condition the rotor mast nut from service before This proposed AD was prompted by the further flight, whereas EASA AD 2017– The FAA determined that this proposed AD would not have federalism discovery that certain parts that are approved 0037 does not contain this requirement. for installation on multiple helicopter models EASA AD 2017–0037 requires using a implications under Executive Order are life limited parts when installed on vibrograph to re-identify certain rotor 13132. This proposed AD would not Model MBB–BK 117 D–2 helicopters and mast nuts, whereas this proposed AD have a substantial direct effect on the some helicopter delivery documents would require using a vibro etch States, on the relationship between the excluded the life limit information. The FAA instead. EASA AD 2017–0037 requires national Government and the States, or is issuing this AD to prevent certain parts replacing certain parts, whereas this on the distribution of power and from remaining in service beyond their proposed AD would require removing responsibilities among the various fatigue life. The unsafe condition, if not levels of government. addressed, could result in failure of the part certain parts from service instead. EASA and loss of control of the helicopter. AD 2017–0037 requires revising the For the reasons discussed above, I AMP, whereas this proposed AD would certify this proposed regulation: (f) Compliance not. (1) Is not a ‘‘significant regulatory Comply with this AD within the action’’ under Executive Order 12866, compliance times specified, unless already Costs of Compliance done. (2) Would not affect intrastate The FAA estimates that this AD, if aviation in Alaska, and (g) Requirements adopted as proposed, would affect 30 helicopters of U.S. Registry. Labor rates (3) Would not have a significant Except as specified in paragraph (h) of this AD: Comply with all required actions and are estimated at $85 per work-hour. economic impact, positive or negative, on a substantial number of small entities compliance times specified in, and in Based on these numbers, the FAA accordance with, EASA AD 2017–0037. estimates the following costs to comply under the criteria of the Regulatory with this proposed AD. Flexibility Act. (h) Exceptions to EASA AD 2017–0037 Determining the total hours TIS on an List of Subjects in 14 CFR Part 39 (1) Where EASA AD 2017–0037 refers to its affected rotor mast nut would take about effective date, this AD requires using the 1 work-hour for an estimated cost of $85 Air transportation, Aircraft, Aviation effective date of this AD. per helicopter and $2,550 for the U.S. safety, Incorporation by reference, (2) Where EASA AD 2017–0037 refers to fleet. Safety. flight hours (FH), this AD requires using hours time-in-service (TIS). Re-identifying a rotor mast nut would The Proposed Amendment (3) Where paragraph (1) of EASA AD 2017– take about 1.5 work-hours for an 0037 requires determining the FH (total estimated cost of $128 per rotor mast Accordingly, under the authority hours TIS) accumulated by the affected rotor nut. delegated to me by the Administrator, mast nut since first installation on a Replacing a rotor mast nut would take the FAA proposes to amend 14 CFR part helicopter, this AD requires removing the about 6 work-hours and parts would 39 as follows: rotor mast nut from service before further

VerDate Sep<11>2014 16:42 Jun 04, 2021 Jkt 253001 PO 00000 Frm 00005 Fmt 4702 Sfmt 4702 E:\FR\FM\07JNP1.SGM 07JNP1 khammond on DSKJM1Z7X2PROD with PROPOSALS Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Proposed Rules 30221

flight if the total hours TIS cannot be Issued on May 27, 2021. U.S.C. United States Code determined. Lance T. Gant, (4) Where the service information II. Background, Purpose, and Legal Director, Compliance & Airworthiness Basis referenced in Note 3 of EASA AD 2017–0037 Division, Aircraft Certification Service. specifies to use a vibrograph to mark the new On February 22, 2021, the Kent [FR Doc. 2021–11804 Filed 6–4–21; 8:45 am] part number, this AD requires using a vibro Narrows Racing Association of Chester, etch. BILLING CODE 4910–13–P MD, notified the Coast Guard that it will (5) Where paragraph (4) of EASA AD 2017– be conducting the Thunder on the 0037 requires replacing each affected rotor Choptank from 9:30 a.m. to 5:30 p.m. on mast nut with a not affected rotor mast nut DEPARTMENT OF HOMELAND July 24, 2021, and from 9:30 a.m. to 5:30 before exceeding 3,708 FH (total hours TIS) SECURITY p.m. on July 25, 2021. The high-speed since first installation on a helicopter, this Coast Guard power boat racing event consists of AD requires removing each affected rotor approximately 50 participating inboard mast nut from service before accumulating and outboard hydroplane and runabout 3,708 total hours TIS. 33 CFR Part 100 (6) Where paragraph (6) of EASA AD 2017– race boats of various classes, 16 to 21 [Docket Number USCG–2021–0211] 0037 requires replacing each part as feet in length. The vessels will be identified in Table 2 of EASA AD 2017–0037 RIN 1625–AA08 competing on a designated, marked 1- before exceeding the FH (total hours TIS) mile oval course located in the limit, this AD requires removing each part Special Local Regulations, Choptank Choptank River in a cove located from service before exceeding the total hours River, Cambridge, MD between Hambrooks Bar and the TIS limit. shoreline at Cambridge, MD. Details of (7) Paragraph (7) of EASA AD 2017–0037 AGENCY: Coast Guard, DHS. the event were provided to the Coast does not apply to this AD. ACTION: Notice of proposed rulemaking. Guard on April 19, 2021. Hazards from (8) The ‘‘Remarks’’ section of EASA AD the power boat racing event include SUMMARY: 2017–0037 does not apply to this AD. The Coast Guard is proposing risks of injury or death resulting from to establish special local regulations for (i) Alternative Methods of Compliance near or actual contact among participant certain waters of the Choptank River. vessels and spectator vessels or (AMOCs) This action is necessary to provide for (1) The Manager, International Validation waterway users if normal vessel traffic the safety of life on navigable waters were to interfere with the event. Branch, FAA, has the authority to approve located at Cambridge, MD, during a AMOCs for this AD, if requested using the Additionally, such hazards include high-speed power boat racing event on participants operating near designated procedures found in 14 CFR 39.19. In July 24, 2021, and July 25, 2021. This accordance with 14 CFR 39.19, send your navigation channels, as well as proposed rulemaking would prohibit operating near approaches to local request to your principal inspector or local persons and vessels from being in the Flight Standards District Office, as public boat ramps, private marinas and regulated area unless authorized by the appropriate. If sending information directly yacht clubs, and waterfront businesses. to the manager of the International Validation Captain of the Port Maryland-National The COTP Maryland-National Capital Branch, send it to the attention of the person Capital Region or Coast Guard Event Region has determined that potential identified in paragraph (j)(2) of this AD. Patrol Commander. We invite your hazards associated with the power boat Information may be emailed to: 9-AVS-AIR- comments on this proposed rulemaking. races would be a safety concern for [email protected]. DATES: Comments and related material anyone intending to operate within (2) Before using any approved AMOC, must be received by the Coast Guard on certain waters of the Choptank River at notify your appropriate principal inspector, or before June 22, 2021. Cambridge, MD. or lacking a principal inspector, the manager ADDRESSES: You may submit comments The purpose of this rulemaking is to of the local flight standards district office/ identified by docket number USCG– protect event participants, spectators, certificate holding district office. 2021–0211 using the Federal and transiting vessels on certain waters (j) Related Information eRulemaking Portal at https:// of Choptank River before, during, and (1) For EASA AD 2017–0037, contact www.regulations.gov. See the ‘‘Public after the scheduled event. The Coast EASA, Konrad-Adenauer-Ufer 3, 50668 Participation and Request for Guard proposes this rulemaking under Cologne, Germany; telephone +49 221 8999 Comments’’ portion of the authority in 46 U.S.C. 70041. 000; email [email protected]; internet SUPPLEMENTARY INFORMATION section for The Coast Guard is requesting that www.easa.europa.eu. You may find this further instructions on submitting interested parties provide comments EASA AD on the EASA website at https:// comments. within a shortened comment period of ad.easa.europa.eu. You may view this FOR FURTHER INFORMATION CONTACT: If 15 days instead of the more typical 30 material at the FAA, Office of the Regional days for this notice of proposed Counsel, Southwest Region, 10101 Hillwood you have questions about this proposed rulemaking, call or email LCDR Samuel rulemaking. The Coast Guard believes Pkwy., Room 6N–321, Fort Worth, TX 76177. the 15-day comment period still For information on the availability of this M. Danus, Waterways Management Division, U.S. Coast Guard; telephone provides for a reasonable amount of material at the FAA, call (817) 222–5110. time for interested parties to review the This material may be found in the AD docket 410–576–2519, email Samuel.M.Danus@ proposal and provide informed on the internet at https:// uscg.mil. comments on it while also ensuring that www.regulations.gov by searching for and SUPPLEMENTARY INFORMATION: locating Docket No. FAA–2021–0450. the Coast Guard has time to review and (2) For more information about this AD, I. Table of Abbreviations respond to any significant comments contact Rao Edupuganti, Aerospace Engineer, CFR Code of Federal Regulations and has a final rule in effect in time for Dynamic Systems Section, Technical COTP Captain of the Port the scheduled event. Innovation Policy Branch, Policy & DHS Department of Homeland Security III. Discussion of Proposed Rule Innovation Division, FAA, 10101 Hillwood Event PATCOM Event Patrol Commander Pkwy., Fort Worth, TX 76177; telephone FR Federal Register The COTP Maryland-National Capital (817) 222–5110; email rao.edupuganti@ NPRM Notice of proposed rulemaking Region is proposing to establish special faa.gov. § Section local regulations to be enforced from 9

VerDate Sep<11>2014 16:42 Jun 04, 2021 Jkt 253001 PO 00000 Frm 00006 Fmt 4702 Sfmt 4702 E:\FR\FM\07JNP1.SGM 07JNP1 khammond on DSKJM1Z7X2PROD with PROPOSALS 30222 Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Proposed Rules

a.m. on July 24, 2021, until 6 p.m. on FM channel 16. Vessel traffic would be would allow vessels to seek permission July 25, 2021. The special local able to safely transit the regulated area to enter the regulated area. regulations would be enforced from 9 once the Event PATCOM deems it safe B. Impact on Small Entities a.m. to 6 p.m. on July 24th and those to do so. A person or vessel not same hours on July 25th. The regulated registered with the event sponsor as a The Regulatory Flexibility Act of area would cover all navigable waters participant or assigned as official patrols 1980, 5 U.S.C. 601–612, as amended, within Choptank River and Hambrooks would be considered a spectator. requires Federal agencies to consider Bay bounded by a line connecting the Official Patrols are any vessel assigned the potential impact of regulations on following coordinates: Commencing at or approved by the Commander, Coast small entities during rulemaking. The the shoreline at Long Wharf Park, Guard Sector Maryland-National Capital term ‘‘small entities’’ comprises small Cambridge, MD, at position latitude Region with a commissioned, warrant, businesses, not-for-profit organizations 38°34′30″ N, longitude 076°04′16″ W; or petty officer on board and displaying that are independently owned and thence east to latitude 38°34′20″ N, a Coast Guard ensign. operated and are not dominant in their longitude 076°03′46″ W; thence If permission is granted by the COTP fields, and governmental jurisdictions northeast across the Choptank River or Event PATCOM, a person or vessel with populations of less than 50,000. along the Senator Frederick C. Malkus, would be allowed to enter the regulated The Coast Guard certifies under 5 U.S.C. Jr. (US–50) Memorial Bridge, at mile area or pass directly through the 605(b) that this proposed rule would not 15.5, to latitude 38°35′30″ N, longitude regulated area as instructed. Vessels have a significant economic impact on 076°02′52″ W; thence west along the would be required to operate at a safe a substantial number of small entities. shoreline to latitude 38°35′38″ N, speed that minimizes wake while While some owners or operators of longitude 076°03′09″ W; thence north within the regulated area. Official patrol vessels intending to transit the regulated and west along the shoreline to latitude vessels will direct spectator vessels area may be small entities, for the 38°36′42″ N, longitude 076°04′15″ W; while within the regulated area. Vessels reasons stated in section IV.A above, thence southwest across the Choptank would be prohibited from loitering this proposed rule would not have a River to latitude 38°35′31″ N, longitude within the navigable channel. Only significant economic impact on any 076°04′57″ W; thence west along the participant vessels and official patrol vessel owner or operator. Hambrooks Bay breakwall to latitude vessels would be allowed to enter the If you think that your business, 38°35′33″ N, longitude 076°05′17″ W; race area. organization, or governmental thence south and east along the The regulatory text we are proposing jurisdiction qualifies as a small entity shoreline to and terminating at the point appears at the end of this document. and that this rule would have a of origin in Dorchester County, MD. significant economic impact on it, IV. Regulatory Analyses This proposed rule provides please submit a comment (see additional information about areas We developed this proposed rule after ADDRESSES) explaining why you think it within the regulated area, and the considering numerous statutes and qualifies and how and to what degree restrictions that apply to mariners. Executive orders related to rulemaking. this rule would economically affect it. These areas include a ‘‘Race Area’’, Below we summarize our analyses Under section 213(a) of the Small ‘‘Buffer Area’’ and ‘‘Spectator Area’’. based on a number of these statutes and Business Regulatory Enforcement The proposed duration of the rule and Executive orders, and we discuss First Fairness Act of 1996 (Pub. L. 104–121), size of the regulated area are intended Amendment rights of protestors. we want to assist small entities in to ensure the safety of life on these A. Regulatory Planning and Review understanding this proposed rule. If the navigable waters before, during, and rule would affect your small business, after the high-speed power boat races, Executive Orders 12866 and 13563 organization, or governmental scheduled from 9:30 a.m. until 5:30 p.m. direct agencies to assess the costs and jurisdiction and you have questions on July 24, 2021, and July 25, 2021. The benefits of available regulatory concerning its provisions or options for COTP and Coast Guard Event Patrol alternatives and, if regulation is compliance, please call or email the Commander (PATCOM) would have necessary, to select regulatory person listed in the FOR FURTHER authority to forbid and control the approaches that maximize net benefits. INFORMATION CONTACT section. The Coast movement of all vessels and persons, This NPRM has not been designated a Guard will not retaliate against small including event participants, in the ‘‘significant regulatory action,’’ under entities that question or complain about regulated area. When hailed or signaled Executive Order 12866. Accordingly, this proposed rule or any policy or by an official patrol, a vessel or person the NPRM has not been reviewed by the action of the Coast Guard. in the regulated area would be required Office of Management and Budget to immediately comply with the (OMB). C. Collection of Information directions given by the COTP or Event This regulatory action determination This proposed rule would not call for PATCOM. If a person or vessel fails to is based on the location, size and a new collection of information under follow such directions, the Coast Guard duration of the regulated area, which the Paperwork Reduction Act of 1995 may expel them from the area, issue impacts a portion of the Choptank River (44 U.S.C. 3501–3520). them a citation for failure to comply, or for a total of 18 hours. The regulated both. area extends across the entire width of D. Federalism and Indian Tribal Except for Thunder on the Choptank the Choptank River between Cambridge, Governments participants and vessels already at MD and Trappe, MD. The majority of A rule has implications for federalism berth, a vessel or person would be the vessel traffic through this area under Executive Order 13132 required to get permission from the consists of passenger, recreational and (Federalism), if it has a substantial COTP or Event PATCOM before fishing vessels transiting along the direct effect on the States, on the entering the regulated area while the Choptank River or into Cambridge relationship between the National rule is being enforced. Vessel operators Creek. The Coast Guard would issue a Government and the States, or on the could request permission to enter and Broadcast Notice to Mariners via VHF– distribution of power and transit through the regulated area by FM marine channel 16 about the status responsibilities among the various contacting the Event PATCOM on VHF– of the regulated area. Moreover, the rule levels of government. We have analyzed

VerDate Sep<11>2014 16:42 Jun 04, 2021 Jkt 253001 PO 00000 Frm 00007 Fmt 4702 Sfmt 4702 E:\FR\FM\07JNP1.SGM 07JNP1 khammond on DSKJM1Z7X2PROD with PROPOSALS Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Proposed Rules 30223

this proposed rule under that Order and person listed in the FOR FURTHER § 100.501T05–0211 Special Local have determined that it is consistent INFORMATION CONTACT section to Regulations, Choptank River, Cambridge, with the fundamental federalism coordinate protest activities so that your MD principles and preemption requirements message can be received without (a) Locations. All coordinates described in Executive Order 13132. jeopardizing the safety or security of reference Datum NAD 1983. Also, this proposed rule does not have people, places, or vessels. (1) Regulated area. All navigable tribal implications under Executive waters within Choptank River and V. Public Participation and Request for Order 13175 (Consultation and Hambrooks Bay bounded by a line Comments Coordination with Indian Tribal connecting the following coordinates: Governments) because it would not We view public participation as Commencing at the shoreline at Long have a substantial direct effect on one or essential to effective rulemaking, and Wharf Park, Cambridge, MD, at position more Indian tribes, on the relationship will consider all comments and material latitude 38°34′30″ N, longitude between the Federal Government and received during the comment period. 076°04′16″ W; thence east to latitude Indian tribes, or on the distribution of Your comment can help shape the 38°34′20″ N, longitude 076°03′46″ W; power and responsibilities between the outcome of this rulemaking. If you thence northeast across the Choptank Federal Government and Indian tribes. submit a comment, please include the River along the Senator Frederick C. If you believe this proposed rule has docket number for this rulemaking, Malkus, Jr. (US–50) Memorial Bridge, at implications for federalism or Indian indicate the specific section of this mile 15.5, to latitude 38°35′30″ N, tribes, please call or email the person document to which each comment longitude 076°02′52″ W; thence west listed in the FOR FURTHER INFORMATION applies, and provide a reason for each along the shoreline to latitude 38°35′38″ CONTACT section. suggestion or recommendation. N, longitude 076°03′09″ W; thence north E. Unfunded Mandates Reform Act We encourage you to submit and west along the shoreline to latitude comments through the Federal 38°36′42″ N, longitude 076°04′15″ W; The Unfunded Mandates Reform Act eRulemaking Portal at https:// thence southwest across the Choptank of 1995 (2 U.S.C. 1531–1538) requires www.regulations.gov. If your material River to latitude 38°35′31″ N, longitude Federal agencies to assess the effects of cannot be submitted using https:// 076°04′57″ W; thence west along the their discretionary regulatory actions. In www.regulations.gov, call or email the Hambrooks Bay breakwall to latitude particular, the Act addresses actions person in the FOR FURTHER INFORMATION 38°35′33″ N, longitude 076°05′17″ W; that may result in the expenditure by a CONTACT section of this document for thence south and east along the State, local, or tribal government, in the alternate instructions. shoreline to and terminating at the point aggregate, or by the private sector of We accept anonymous comments. of origin. The following locations are $100,000,000 (adjusted for inflation) or Comments we post to https:// within the regulated area: more in any one year. Though this www.regulations.gov will include any (2) Race Area. Located within the proposed rule would not result in such personal information you have waters of Hambrooks Bay and Choptank an expenditure, we do discuss the provided. For more about privacy and River, between Hambrooks Bar and effects of this rule elsewhere in this submissions in response to this Great Marsh Point, MD. The Race Area preamble. document, see DHS’s eRulemaking is within the Buffer Area. F. Environment System of Records notice (85 FR 14226, (3) Buffer Area. All navigable waters March 11, 2020). We have analyzed this proposed rule within Hambrooks Bay and Choptank Documents mentioned in this NPRM under Department of Homeland River (with the exception of the Race as being available in the docket, and Security Directive 023–01, Rev. 1, Area designated by the marine event public comments, will be in our online associated implementing instructions, sponsor) bound to the north by the docket at https://www.regulations.gov and Environmental Planning breakwall and continuing along a line and can be viewed by following that COMDTINST 5090.1 (series), which drawn from the east end of breakwall website’s instructions. We review all ° ′ ″ guide the Coast Guard in complying located at latitude 38 35 27.6 N, comments received, but we will only ° ′ ″ with the National Environmental Policy longitude 076 04 50.1 W; thence post comments that address the topic of ° ′ ″ Act of 1969 (42 U.S.C. 4321–4370f), and southeast to latitude 38 35 17.7 N, the proposed rule. We may choose not ° ′ ″ have made a preliminary determination longitude 076 04 29 W; thence south to to post off-topic, inappropriate, or ° ′ ″ that this action is one of a category of latitude 38 35 01 N, longitude duplicate comments that we receive. ° ′ ″ actions that do not individually or 076 04 29 W; thence west to the ° ′ ″ cumulatively have a significant effect on List of Subjects in 33 CFR Part 100 shoreline at latitude 38 35 01 N, longitude 076°04′41.3″ W. the human environment. This proposed Marine safety, Navigation (water), rule involves implementation of (4) Spectator Area. All navigable Reporting and recordkeeping waters of the Choptank River, eastward regulations within 33 CFR part 100 for requirements, Waterways. 18 hours. Normally such actions are and outside of Hambrooks Bay categorically excluded from further For the reasons discussed in the breakwall, thence bound by line that ° ′ ″ review under paragraph L61of preamble, the Coast Guard proposes to commences at latitude 38 35 28 N, ° ′ ″ Appendix A, Table 1 of DHS Instruction amend 33 CFR part 100 as follows: longitude 076 04 50 W; thence ° ′ ″ Manual 023–01–001–01, Rev. 1. We northeast to latitude 38 35 30 N, PART 100—SAFETY OF LIFE ON ° ′ ″ seek any comments or information that longitude 076 04 47 W; thence NAVIGABLE WATERS ° ′ ″ may lead to the discovery of a southeast to latitude 38 35 23 N, longitude 076°04′29″ W; thence significant environmental impact from ■ 1. The authority citation for part 100 southwest to latitude 38°35′19″ N, this proposed rule. continues to read as follows: longitude 076°04′31″ W; thence G. Protest Activities Authority: 46 U.S.C. 70041; 33 CFR 1.05– northwest to and terminating at the The Coast Guard respects the First 1. point of origin. Amendment rights of protesters. ■ 2. Add § 100.501T05–0211 to read as (b) Definitions. As used in this Protesters are asked to call or email the follows: section—

VerDate Sep<11>2014 16:42 Jun 04, 2021 Jkt 253001 PO 00000 Frm 00008 Fmt 4702 Sfmt 4702 E:\FR\FM\07JNP1.SGM 07JNP1 khammond on DSKJM1Z7X2PROD with PROPOSALS 30224 Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Proposed Rules

Buffer Area is a neutral area that Event PATCOM may terminate the DEPARTMENT OF HOMELAND surrounds the perimeter of the Course event, or a participant’s operations at SECURITY Area within the regulated area described any time the COTP Maryland-National by this section. The purpose of a buffer Capital Region or Event PATCOM Coast Guard area is to minimize potential collision believes it necessary to do so for the conflicts with marine event participants protection of life or property. 33 CFR Part 100 or high-speed power boats and spectator (2) Except for participants and vessels [Docket Number USCG–2021–0305] vessels or nearby transiting vessels. This already at berth, a person or vessel RIN 1625–AA08 area provides separation between a within the regulated area at the start of Course Area and a specified Spectator enforcement of this section must Area or other vessels that are operating Special Local Regulations; Patuxent immediately depart the regulated area. in the vicinity of the regulated area River, Solomons, MD (3) A spectator must contact the Event established by the special local AGENCY: Coast Guard, DHS. regulations. PATCOM to request permission to ACTION: Captain of the Port (COTP) Maryland- either enter or pass through the Notice of proposed rulemaking. regulated area. The Event PATCOM, and National Capital Region means the SUMMARY: The Coast Guard is proposing Commander, U.S. Coast Guard Sector official patrol vessels enforcing this to establish temporary special local Maryland-National Capital Region or regulated area, can be contacted on regulation for certain waters of the any Coast Guard commissioned, warrant marine band radio VHF–FM channel 16 Patuxent River. This action is necessary or petty officer who has been authorized (156.8 MHz) and channel 22A (157.1 to provide for the safety of life on these by the COTP to act on his behalf. MHz). If permission is granted, the navigable waters located at Solomons, Course Area is an area described by a spectator must enter the designated MD, during a high-speed power boat line bound by coordinates provided in Spectator Area or pass directly through racing event on August 29, 2021. This latitude and longitude that outlines the the regulated area as instructed by Event proposed rulemaking would prohibit boundary of a course area within the PATCOM. A vessel within the regulated persons and vessels from entering the regulated area defined by this section. area must operate at safe speed that regulated area unless authorized by the Event Patrol Commander or Event minimizes wake. A spectator vessel Captain of the Port Maryland-National PATCOM means a commissioned, must not loiter within the navigable Capital Region or the Coast Guard Event warrant, or petty officer of the U.S. channel while within the regulated area. Patrol Commander. We invite your Coast Guard who has been designated (4) Only participant vessels and comments on this proposed rulemaking. by the Commander, Coast Guard Sector official patrol vessels are allowed to DATES: Comments and related material Maryland-National Capital Region. enter the buffer area or race area. Official Patrol means any vessel must be received by the Coast Guard on assigned or approved by Commander, (5) A person or vessel that desires to or before July 7, 2021. Coast Guard Sector Maryland-National transit, moor, or anchor within the ADDRESSES: You may submit comments Capital Region with a commissioned, regulated area must obtain authorization identified by docket number USCG– warrant, or petty officer on board and from the COTP Maryland-National 2021–0305 using the Federal displaying a Coast Guard ensign. Capital Region or Event PATCOM. A eRulemaking Portal at https:// Participant means all persons and person or vessel seeking such www.regulations.gov. See the ‘‘Public vessels registered with the event permission can contact the COTP Participation and Request for sponsor as participating in the Maryland-National Capital Region at Comments’’ portion of the ‘‘Thunder on the Choptank’’ powerboat telephone number 410–576–2693 or on SUPPLEMENTARY INFORMATION section for races, or otherwise designated by the Marine Band Radio, VHF–FM channel further instructions on submitting event sponsor as having a function tied 16 (156.8 MHz) or the Event PATCOM comments. to the event. on Marine Band Radio, VHF–FM FOR FURTHER INFORMATION CONTACT: If Spectator means a person or vessel channel 16 (156.8 MHz). you have questions about this proposed not registered with the event sponsor as (6) The Coast Guard will publish a rulemaking, call or email Mr. Ron participants or assigned as official notice in the Fifth Coast Guard District Houck, U.S. Coast Guard Sector patrols. Local Notice to Mariners and issue a Maryland-National Capital Region; Spectator Area is an area described by marine information broadcast on VHF– a line bound by coordinates provided in telephone 410–576–2674, email FM marine band radio announcing [email protected]. latitude and longitude that outlines the specific event dates and times. boundary of a spectator area within the SUPPLEMENTARY INFORMATION: (d) Enforcement officials. The Coast regulated area defined by this part. I. Table of Abbreviations (c) Special Local Regulations. (1) The Guard may be assisted with marine COTP Maryland-National Capital event patrol and enforcement of the CFR Code of Federal Regulations Region or Event PATCOM may forbid regulated area by other federal, state, COTP Captain of the Port and control the movement of all vessels and local agencies. DHS Department of Homeland Security FR Federal Register and persons, including event (e) Enforcement period. This section NPRM Notice of proposed rulemaking participants, in the regulated area. will be enforced from 9 a.m. to 6 p.m. PATCOM Coast Guard Patrol Commander When hailed or signaled by an official on July 24, 2021, and, from 9 a.m. to 6 § Section patrol, a vessel or person in the p.m. on July 25, 2021. U.S.C. United States Code regulated area shall immediately Dated: June 1, 2021. comply with the directions given by the II. Background, Purpose, and Legal patrol. Failure to do so may result in the David E. O’Connell, Basis Coast Guard expelling the person or Captain, U.S. Coast Guard, Captain of the The Chesapeake Bay Power Boat vessel from the area, issuing a citation Port Maryland-National Capital Region. Associationon, Inc. of Edgewater, MD, for failure to comply, or both. The COTP [FR Doc. 2021–11824 Filed 6–4–21; 8:45 am] notified the Coast Guard that it will be Maryland-National Capital Region or BILLING CODE 9110–04–P conducting the Chesapeake Challenge/

VerDate Sep<11>2014 16:42 Jun 04, 2021 Jkt 253001 PO 00000 Frm 00009 Fmt 4702 Sfmt 4702 E:\FR\FM\07JNP1.SGM 07JNP1 khammond on DSKJM1Z7X2PROD with PROPOSALS Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Proposed Rules 30225

Solomons Offshore Grand Prix from 9 latitude 38°17′35.0″ N, longitude If permission is granted by the COTP a.m. to 5 p.m. on August 29, 2021. The 076°27′00.2″ W; thence northeast to or Event PATCOM, a person or vessel high-speed power boat racing event latitude 38°18′01.0″ N, longitude would be allowed to enter the regulated consists of approximately 60 076°26′39.0″ W; thence northwest to area or pass directly through the participating high-performance offshore- Solomons Island Approach Light 3 at regulated area as instructed. Vessels type race boats of various classes, 22 to latitude 38°19′11.0″ N, longitude would be required to operate at a safe 50 feet in length. The vessels will be 076°27′01.8″ W; thence northwest to the speed that minimizes wake while competing in a counter-clockwise shoreline at latitude 38°19′16.0″ N, within the regulated area in a manner direction along a marked 3.75-mile long longitude 076°27′07.0″ W; thence west that would not endanger event course located on the Patuxent River, and north along the shoreline to and participants or any other craft. A between the Governor Thomas Johnson terminating at the point of origin. The spectator vessel must not loiter within (MD Route 4) Bridge and the West regulated area is approximately 5,300 the navigable channel while within the Patuxent Basin at U.S. Naval Air Station yards in length and 2,900 yards in regulated area. Official patrol vessels Patuxent River, MD. Non-race day width. would direct spectators to the practice and testing will be conducted This proposed rule provides designated spectator area. Only in the waterway from 9 a.m. to 5 p.m. additional information about areas participant vessels and official patrol on August 28, 2021. Hazards from the within the regulated area and their vessels would be allowed to enter the power boat racing event include risks of definitions. These areas include ‘‘Race race area. The Coast Guard would injury or death resulting from near or Area,’’ ‘‘Buffer Area’’ and ‘‘Spectator publish a notice in the Fifth Coast actual contact among participant vessels Area.’’ Guard District Local Notice to Mariners and spectator vessels or waterway users The proposed size of the regulated and issue a marine information if normal vessel traffic were to interfere area is intended to ensure the safety of broadcast on VHF–FM marine band with the event. Additionally, such life on these navigable waters before, radio announcing specific event dates hazards include participants operating during, and after the high-speed power and times. near designated navigation channels, as boat racing event, scheduled to take The regulatory text we are proposing well as operating near approaches to place from 9 a.m. to 5 p.m. on August appears at the end of this document. 29, 2021. The COTP and the Coast local public boat ramps, private marinas IV. Regulatory Analyses and yacht clubs, and waterfront Guard Event PATCOM would have businesses. The COTP Maryland- authority to forbid and control the We developed this proposed rule after National Capital Region has determined movement of all vessels and persons, considering numerous statutes and that potential hazards associated with including event participants, in the Executive orders related to rulemaking. the power boat races would be a safety regulated area. When hailed or signaled Below we summarize our analyses concern for anyone intending to by an official patrol, a vessel or person based on a number of these statutes and participate in this event and for vessels in the regulated area would be required Executive orders, and we discuss First that operate within specified waters of to immediately comply with the Amendment rights of protestors. the Patuxent River. directions given by the COTP or Event A. Regulatory Planning and Review The purpose of this rulemaking is to PATCOM. If a person or vessel fails to protect event participants, non- follow such directions, the Coast Guard Executive Orders 12866 and 13563 participants and transiting vessels may expel them from the area, issue direct agencies to assess the costs and before, during, and after the scheduled them a citation for failure to comply, or benefits of available regulatory event. The Coast Guard is proposing this both. alternatives and, if regulation is rulemaking under authority in 46 U.S.C. Except for Chesapeake Challenge/ necessary, to select regulatory 70034 (previously 33 U.S.C. 1231). Solomons Offshore Grand Prix approaches that maximize net benefits. participants and vessels already at Executive Order 13771 directs agencies III. Discussion of Proposed Rule berth, a vessel or person would be to control regulatory costs through a The COTP Maryland-National Capital required to get permission from the budgeting process. This NPRM has not Region is proposing to establish special COTP or Event PATCOM before been designated a ‘‘significant local regulations from 8 a.m. through 6 entering the regulated area. Vessel regulatory action,’’ under Executive p.m. on August 29, 2021. The operators would be able to request Order 12866. Accordingly, the NPRM regulations would be enforced from 8 permission to enter and transit through has not been reviewed by the Office of a.m. to 6 p.m. on August 29, 2021. The the regulated area by contacting the Management and Budget (OMB), and regulated area would cover all navigable Event PATCOM on VHF–FM channel pursuant to OMB guidance it is exempt waters of the Patuxent River bounded by 16. Vessel traffic would be able to safely from the requirements of Executive a line connecting the following points: transit the regulated area once the Event Order 13771. From the shoreline at the entrance to PATCOM deems it safe to do so. A This regulatory action determination Third Cove, at position latitude vessel within the regulated area must is based on the size and duration of the 38°19′53.4″ N, longitude 076°28′36.4″ operate at safe speed that minimizes regulated area, which would impact a W; thence south across the Patuxent wake. A person or vessel not registered small designated area of the Patuxent River to Town Point at latitude with the event sponsor as a participant River for 10 hours. This waterway 38°19′20.5″ N, longitude 076°28′34.0″ or assigned as official patrols would be supports mainly recreational vessel W; thence east and south along the considered a spectator. Official Patrols traffic, which at its peak, occurs during shoreline to latitude 38°18′59.3″ N, are any vessel assigned or approved by the summer season. Although this longitude 076°28′40.2″ W; thence the Commander, Coast Guard Sector regulated area extends across the entire southeast across the entrance to Town Maryland-National Capital Region with width of the waterway, the rule would Creek to Thorns Point at latitude a commissioned, warrant, or petty allow vessels and persons to seek 38°18′46.3″ N, longitude 076°28′32.7″ officer on board and displaying a Coast permission to enter the regulated area, W; thence southeast along the shoreline Guard ensign. Official Patrols enforcing and vessel traffic able to do so safely to the U.S. Naval Air Station Patuxent this regulated area can be contacted on would be able to transit the regulated River West Seaplane Basin Entrance at VHF–FM channel 16 and channel 22A. area on the western portion of the

VerDate Sep<11>2014 16:42 Jun 04, 2021 Jkt 253001 PO 00000 Frm 00010 Fmt 4702 Sfmt 4702 E:\FR\FM\07JNP1.SGM 07JNP1 khammond on DSKJM1Z7X2PROD with PROPOSALS 30226 Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Proposed Rules

waterway away from the event area as (Federalism), if it has a substantial activities in the event area for 10 hours. instructed by Event PATCOM. Such direct effect on the States, on the Normally such actions are categorically vessels must operate at safe speed that relationship between the National excluded from further review under minimizes wake and not loiter within Government and the States, or on the paragraph L61 of Appendix A, Table 1 the navigable channel while within the distribution of power and of DHS Instruction Manual 023–01– regulated area. Moreover, the Coast responsibilities among the various 001–01, Rev. 1. For instructions on Guard would issue a Broadcast Notice to levels of government. We have analyzed locating the docket, see the ADDRESSES Mariners via VHF–FM marine channel this proposed rule under that Order and section of this preamble. We seek any 16 about the status of the regulated area. have determined that it is consistent comments or information that may lead with the fundamental federalism to the discovery of a significant B. Impact on Small Entities principles and preemption requirements environmental impact from this The Regulatory Flexibility Act of described in Executive Order 13132. proposed rule. 1980, 5 U.S.C. 601–612, as amended, Also, this proposed rule does not have requires Federal agencies to consider tribal implications under Executive G. Protest Activities the potential impact of regulations on Order 13175 (Consultation and The Coast Guard respects the First small entities during rulemaking. The Coordination with Indian Tribal Amendment rights of protesters. term ‘‘small entities’’ comprises small Governments) because it would not Protesters are asked to call or email the have a substantial direct effect on one or businesses, not-for-profit organizations person listed in the FOR FURTHER more Indian tribes, on the relationship that are independently owned and INFORMATION CONTACT section to operated and are not dominant in their between the Federal Government and coordinate protest activities so that your fields, and governmental jurisdictions Indian tribes, or on the distribution of message can be received without power and responsibilities between the with populations of less than 50,000. jeopardizing the safety or security of Federal Government and Indian tribes. The Coast Guard certifies under 5 U.S.C. people, places, or vessels. 605(b) that this proposed rule would not If you believe this proposed rule has have a significant economic impact on implications for federalism or Indian V. Public Participation and Request for a substantial number of small entities. tribes, please call or email the person Comments While some owners or operators of listed in the FOR FURTHER INFORMATION vessels intending to transit the regulated CONTACT section. We view public participation as essential to effective rulemaking, and area may be small entities, for the E. Unfunded Mandates Reform Act reasons stated in section IV.A above, will consider all comments and material this proposed rule would not have a The Unfunded Mandates Reform Act received during the comment period. significant economic impact on any of 1995 (2 U.S.C. 1531–1538) requires Your comment can help shape the vessel owner or operator. Federal agencies to assess the effects of outcome of this rulemaking. If you If you think that your business, their discretionary regulatory actions. In submit a comment, please include the organization, or governmental particular, the Act addresses actions docket number for this rulemaking, jurisdiction qualifies as a small entity that may result in the expenditure by a indicate the specific section of this and that this rule would have a State, local, or tribal government, in the document to which each comment significant economic impact on it, aggregate, or by the private sector of applies, and provide a reason for each please submit a comment (see $100,000,000 (adjusted for inflation) or suggestion or recommendation. ADDRESSES) explaining why you think it more in any one year. Though this We encourage you to submit qualifies and how and to what degree proposed rule would not result in such comments through the Federal this rule would economically affect it. an expenditure, we do discuss the eRulemaking Portal at https:// Under section 213(a) of the Small effects of this rule elsewhere in this www.regulations.gov. If your material Business Regulatory Enforcement preamble. cannot be submitted using https:// Fairness Act of 1996 (Pub. L. 104–121), F. Environment www.regulations.gov, call or email the we want to assist small entities in person in the FOR FURTHER INFORMATION We have analyzed this proposed rule understanding this proposed rule. If the CONTACT section of this document for rule would affect your small business, under Department of Homeland alternate instructions. Security Directive 023–01, Rev. 1, organization, or governmental We accept anonymous comments. All jurisdiction and you have questions associated implementing instructions, and Environmental Planning comments received will be posted concerning its provisions or options for without change to https:// compliance, please call or email the COMDTINST 5090.1 (series), which guide the Coast Guard in complying www.regulations.gov and will include person listed in the FOR FURTHER any personal information you have INFORMATION CONTACT section. The Coast with the National Environmental Policy Act of 1969 (42 U.S.C. 4321–4370f), and provided. For more about privacy and Guard will not retaliate against small submissions in response to this entities that question or complain about have made a preliminary determination that this action is one of a category of document, see DHS’s eRulemaking this proposed rule or any policy or System of Records notice (85 FR 14226, action of the Coast Guard. actions that do not individually or cumulatively have a significant effect on March 11, 2020). C. Collection of Information the human environment. This proposed Documents mentioned in this NPRM This proposed rule would not call for rule involves individually or as being available in the docket, and all a new collection of information under cumulatively have a significant effect on public comments, will be in our online the Paperwork Reduction Act of 1995 the human environment. This proposed docket at https://www.regulations.gov (44 U.S.C. 3501–3520). rule involves implementation of and can be viewed by following that regulations within 33 CFR part 100 website’s instructions. Additionally, if D. Federalism and Indian Tribal applicable to organized marine events you go to the online docket and sign up Governments on the navigable waters of the United for email alerts, you will be notified A rule has implications for federalism States that could negatively impact the when comments are posted or a final under Executive Order 13132 safety of waterway users and shore side rule is published.

VerDate Sep<11>2014 16:42 Jun 04, 2021 Jkt 253001 PO 00000 Frm 00011 Fmt 4702 Sfmt 4702 E:\FR\FM\07JNP1.SGM 07JNP1 khammond on DSKJM1Z7X2PROD with PROPOSALS Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Proposed Rules 30227

List of Subjects in 33 CFR Part 100 longitude 076°28′25″ W; thence Coast Guard who has been designated Marine safety, Navigation (water), southeast along the shoreline to and by the Commander, Coast Guard Sector Reporting and recordkeeping terminating at the point of origin. Maryland-National Capital Region. (3) Buffer Area. The buffer area is a requirements, Waterways. Official Patrol means any vessel polygon in shape measuring assigned or approved by Commander, For the reasons discussed in the approximately 300 feet in all directions Coast Guard Sector Maryland-National preamble, the Coast Guard is proposing surrounding the entire race area Capital Region with a commissioned, to amend 33 CFR part 100 as follows: described in the preceding paragraph of warrant, or petty officer on board and PART 100—SAFETY OF LIFE ON this section. The area is bounded by a displaying a Coast Guard ensign. NAVIGABLE WATERS line commencing at the shoreline at Participant means all persons and position latitude 38°19′53″ N, longitude vessels registered with the event ° ′ ″ ■ 1. The authority citation for part 100 076 28 29 W; thence southwest to sponsor as participating in the ° ′ ″ continues to read as follows: latitude 38 19 43 N, longitude ‘‘Chesapeake Challenge/Solomons ° ′ ″ 076 28 33 W, thence southeast to Offshore Grand Prix’’ event, or Authority: 46 U.S.C. 70041; 33 CFR 1.05– ° ′ ″ latitude 38 17 56 N, longitude otherwise designated by the event 1. ° ′ ″ 076 27 27 W; thence east to latitude sponsor as having a function tied to the ■ ° ′ ″ ° ′ ″ 2. Add § 100.T05–0305 to read as 38 18 07 N, longitude 076 26 49 W, event. ° ′ ″ follows: thence north to latitude 38 19 01 N, Spectator means a person or vessel longitude 076°27′00″ W, thence § 100.T05–0305 Chessapeake Challenge- not registered with the event sponsor as Solomons Offshore Grand Prix, Patuxent northwest to and then along the participants or assigned as official River, Solomons, MD. Solomons Research Pier to the shoreline patrols. at latitude 38°19′05.3″ N, longitude (a) Locations. All coordinates are Spectator Area is an area described by 076°27′11.5″ W; thence west and north based on datum NAD 1983. (1) a line bound by coordinates provided in along the shoreline to and terminating at Regulated area. All navigable waters of latitude and longitude that outlines the the point of origin. boundary of a spectator area within the the Patuxent River, within an area (4) Spectator Area. The designated regulated area defined by this part. bounded by a line connecting the spectator area is a polygon in shape (c) Special local regulations. (1) The following points: From the shoreline at measuring approximately 1,700 yards in COTP Maryland-National Capital the entrance to Third Cove, at position length by 200 yards in width. The area ° ′ ″ Region or Event PATCOM may forbid latitude 38 19 53.4 N, longitude is bounded by a line commencing at ° ′ ″ and control the movement of all vessels 076 28 36.4 W; thence south across the position latitude 38°19′08″ N, longitude and persons, including event Patuxent River to Town Point at latitude 076°28′12″ W; thence southwest to ° ′ ″ ° ′ ″ participants, in the regulated area 38 19 20.5 N, longitude 076 28 34.0 latitude 38°19′05″ N, longitude described in paragraph (a)(1) of this W; thence east and south along the 076°28′19″ W, thence southeast to ° ′ ″ section. When hailed or signaled by an shoreline to latitude 38 18 59.3 N, latitude 38°18′20″ N, longitude ° ′ ″ official patrol, a vessel or person in the longitude 076 28 40.2 W; thence 076°27′49″ W; thence northheast to regulated area shall immediately southeast across the entrance to Town latitude 38°18′22″ N, longitude comply with the directions given by the Creek to Thorns Point at latitude 076°27′43″ W, thence northwest to the ° ′ ″ ° ′ ″ patrol. Failure to do so may result in the 38 18 46.3 N, longitude 076 28 32.7 point of origin. W; thence southeast along the shoreline (b) Definitions. As used in this Coast Guard expelling the person or to the U.S. Naval Air Station Patuxent section— vessel from the area, issuing a citation River West Seaplane Basin Entrance at Buffer Area is a neutral area that for failure to comply, or both. The COTP latitude 38°17′35.0″ N, longitude surrounds the perimeter of the race area Maryland-National Capital Region or 076°27′00.2″ W; thence northeast to within the regulated area described by Event PATCOM may terminate the latitude 38°18′01.0″ N, longitude this section. The purpose of a buffer event, or a participant’s operations at 076°26′39.0″ W; thence northwest to area is to minimize potential collision any time the COTP Maryland-National Solomons Island Approach Light 3 at conflicts with marine event participants Capital Region or Event PATCOM latitude 38°19′11.0″ N, longitude or high-speed power boats and spectator believes it necessary to do so for the 076°27′01.8″ W; thence northwest to the vessels or nearby transiting vessels. This protection of life or property. shoreline at latitude 38°19′16.0″ N, area provides separation between a race (2) Except for participants and vessels longitude 076°27′07.0″ W; thence west area and a specified Spectator Area or already at berth, a person or vessel and north along the shoreline to and other vessels that are operating in the within the regulated area at the start of terminating at the point of origin. The vicinity of the regulated area established enforcement of this section must race area, buffer area, and spectator area by the special local regulations. immediately depart the regulated area. are within the regulated area. Captain of the Port (COTP) Maryland- (3) A spectator must contact the Event (2) Race Area. The race area is a National Capital Region means the PATCOM to request permission to polygon in shape measuring Commander, U.S. Coast Guard Sector either enter or pass through the approximately 4,300 yards in length by Maryland-National Capital Region or regulated area. The Event PATCOM, and 1,400 yards in width. The area is any Coast Guard commissioned, warrant official patrol vessels enforcing this bounded by a line commencing at the or petty officer who has been authorized regulated area, can be contacted on Solomons Research Pier at position by the COTP to act on his behalf. marine band radio VHF–FM channel 16 latitude 38°19′02″ N, longitude Race Area is an area described by a (156.8 MHz) and channel 22A (157.1 076°27′04″ W, thence south to latitude line bound by coordinates provided in MHz). If permission is granted, the 38°18′09″ N, longitude 076°26′53″ W; latitude and longitude that outlines the spectator must enter the designated thence southwest to latitude 38°18′00″ boundary of a race area within the Spectator Area or pass directly through N, longitude 076°27′25″ W, thence regulated area defined by this section. the regulated area as instructed by Event northwest to latitude 38°19′43″ N, Event Patrol Commander or Event PATCOM. A vessel within the regulated longitude 076°28′29″ W; thence PATCOM means a commissioned, area must operate at safe speed that northeast to latitude 38°19′54″ N, warrant, or petty officer of the U.S. minimizes wake. A spectator vessel

VerDate Sep<11>2014 16:42 Jun 04, 2021 Jkt 253001 PO 00000 Frm 00012 Fmt 4702 Sfmt 4702 E:\FR\FM\07JNP1.SGM 07JNP1 khammond on DSKJM1Z7X2PROD with PROPOSALS 30228 Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Proposed Rules

must not loiter within the navigable July 4, 2021), during fireworks displays for this notice of proposed rulemaking. channel while within the regulated area. to commemorate the July 4th holiday. The Coast Guard believes the 15-day (4) Only participant vessels and This proposed rulemaking would comment period still provides for a official patrol vessels are allowed to prohibit persons and vessels from being reasonable amount of time for interested enter and remain within the race area. in this safety zone unless authorized by parties to review the proposal and (5) Only participant vessels and the Captain of the Port Maryland- provide informed comments on it while official patrol vessels are allowed to National Capital Region or a designated also ensuring that the Coast Guard has enter and transit directly through the representative. We invite your time to review and respond to any buffer area, in order to arrive at or comments on this proposed rulemaking. significant comments and has a final depart from the race area. DATES: Comments and related material rule in effect in time for the scheduled (6) A person or vessel that desires to must be received by the Coast Guard on event. transit, moor, or anchor within the or before June 22, 2021. The Coast Guard is proposing this regulated area must obtain authorization rulemaking under authority in 46 U.S.C. ADDRESSES: You may submit comments from the COTP Maryland-National 70034 (previously 33 U.S.C. 1231). identified by docket number USCG– Capital Region or Event PATCOM. A 2021–0314 using the Federal III. Discussion of Proposed Rule person or vessel seeking such eRulemaking Portal at https:// permission can contact the COTP The COTP is proposing to establish a www.regulations.gov. See the ‘‘Public Maryland-National Capital Region at temporary safety zone for certain Participation and Request for telephone number 410–576–2693 or on navigable waters within the Miles River Comments’’ portion of the Marine Band Radio, VHF–FM channel and would be enforced from 8 p.m. to SUPPLEMENTARY INFORMATION section for 16 (156.8 MHz) or the Event PATCOM 10:30 p.m. on July 3, 2021, or if further instructions on submitting on Marine Band Radio, VHF–FM necessary due to inclement weather, comments. channel 16 (156.8 MHz). from 8 p.m. to 10:30 p.m. on July 4, (7) The Coast Guard will publish a FOR FURTHER INFORMATION CONTACT: If 2021. The safety zone would cover all notice in the Fifth Coast Guard District you have questions about this proposed navigable waters of the Miles River Local Notice to Mariners and issue a rulemaking, call or email MST1 Shaun within 420 feet of a barge in marine information broadcast on VHF– Landante, Sector Maryland-National approximate position latitude FM marine band radio announcing Capital Region Waterways Management 38°47′55.10″ N, longitude 076°12′43.75″ specific event dates and times. Division, U.S. Coast Guard; telephone W, located at the entrance to Long Haul (d) Enforcement officials. The Coast 410–576–2570, email D05-DG- Creek, at St. Michaels, MD. The Guard may be assisted with marine [email protected]. duration of the zone is intended to event patrol and enforcement of the SUPPLEMENTARY INFORMATION: ensure the safety of vessels and these regulated area by other federal, state, navigable waters before, during, and and local agencies. I. Table of Abbreviations after the scheduled 9 to 9:30 p.m. on (e) Enforcement period. This section CFR Code of Federal Regulations July 3, 2021 fireworks display. will be enforced from 8 a.m. through 6 COTP Captain of the Port No vessel or person would be p.m. on August 29, 2021. DHS Department of Homeland Security permitted to enter the safety zone FR Federal Register without obtaining permission from the Dated: June 1, 2021. NPRM Notice of proposed rulemaking COTP or a designated representative. David E. O’Connell, § Section The regulatory text we are proposing Captain, U.S. Coast Guard, Captain of the U.S.C. United States Code appears at the end of this document. Port Maryland-National Capital Region. II. Background, Purpose, and Legal IV. Regulatory Analyses [FR Doc. 2021–11883 Filed 6–4–21; 8:45 am] Basis BILLING CODE 9110–04–P We developed this proposed rule after On May 4, 2021, the Drew Landis considering numerous statutes and Memorial Fireworks Fund, Inc. of St. Executive orders related to rulemaking. DEPARTMENT OF HOMELAND Michaels, MD, notified the Coast Guard Below we summarize our analyses SECURITY that it will be conducting a fireworks based on a number of these statutes and display from 9 p.m. to 9:30 p.m. on July Executive orders, and we discuss First Coast Guard 3, 2021. The fireworks are to be Amendment rights of protestors. launched from a fireworks barge located 33 CFR Part 165 in the Miles River, near the entrance to A. Regulatory Planning and Review [Docket Number USCG–2021–0314] Long Haul Creek, at St. Michaels, MD. Executive Orders 12866 and 13563 In the event of inclement weather, the direct agencies to assess the costs and RIN 1625–AA00 fireworks display will be scheduled for benefits of available regulatory July 4, 2021. Hazards from the fireworks Safety Zone; July 4th Holiday alternatives and, if regulation is display include accidental discharge of Fireworks on the Miles River, St. necessary, to select regulatory fireworks, dangerous projectiles, and Michaels, MD approaches that maximize net benefits. falling hot embers or other debris. The This NPRM has not been designated a AGENCY: Coast Guard, DHS. COTP Maryland-National Capital ‘‘significant regulatory action,’’ under ACTION: Notice of proposed rulemaking. Region has determined that potential Executive Order 12866. Accordingly, hazards associated with the fireworks to the NPRM has not been reviewed by the SUMMARY: The Coast Guard is proposing be used in this display would be a safety Office of Management and Budget to establish a temporary safety zone for concern for anyone within 420 feet of (OMB). certain waters of the Miles River. This the fireworks barge. This regulatory action determination action is necessary to provide for the The Coast Guard is requesting that is based on the size, duration, and time- safety of life on these navigable waters interested parties provide comments of-day of the safety zone, which would of the Miles River at St. Michaels, MD, within a shortened comment period of impact a small designated area of the on July 3, 2021, (with alternate date of 15 days instead of the typical 30 days Miles River for a total no more than 2.5

VerDate Sep<11>2014 16:42 Jun 04, 2021 Jkt 253001 PO 00000 Frm 00013 Fmt 4702 Sfmt 4702 E:\FR\FM\07JNP1.SGM 07JNP1 khammond on DSKJM1Z7X2PROD with PROPOSALS Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Proposed Rules 30229

enforcement-hours, during the evening (Federalism), if it has a substantial Consideration supporting this when vessel traffic is normally low. direct effect on the States, on the determination is available in the docket. This waterway supports mainly relationship between the National For instructions on locating the docket, recreational vessel traffic, which at its Government and the States, or on the see the ADDRESSES section of this peak, occurs during the summer season. distribution of power and preamble. We seek any comments or Moreover, the Coast Guard will issue responsibilities among the various information that may lead to the Local Notices to Mariners and a levels of government. We have analyzed discovery of a significant environmental Broadcast Notice to Mariners via VHF– this proposed rule under that Order and impact from this proposed rule. FM marine channel 16 about the zones. have determined that it is consistent with the fundamental federalism G. Protest Activities B. Impact on Small Entities principles and preemption requirements The Coast Guard respects the First The Regulatory Flexibility Act of described in Executive Order 13132. Amendment rights of protesters. 1980, 5 U.S.C. 601–612, as amended, Also, this proposed rule does not have Protesters are asked to call or email the requires Federal agencies to consider tribal implications under Executive person listed in the FOR FURTHER the potential impact of regulations on Order 13175 (Consultation and INFORMATION CONTACT section to small entities during rulemaking. The Coordination with Indian Tribal coordinate protest activities so that your term ‘‘small entities’’ comprises small Governments) because it would not message can be received without businesses, not-for-profit organizations have a substantial direct effect on one or jeopardizing the safety or security of that are independently owned and more Indian tribes, on the relationship people, places, or vessels. operated and are not dominant in their between the Federal Government and fields, and governmental jurisdictions Indian tribes, or on the distribution of V. Public Participation and Request for with populations of less than 50,000. power and responsibilities between the Comments The Coast Guard certifies under 5 U.S.C. Federal Government and Indian tribes. 605(b) that this proposed rule would not If you believe this proposed rule has We view public participation as have a significant economic impact on implications for federalism or Indian essential to effective rulemaking, and a substantial number of small entities. tribes, please call or email the person will consider all comments and material While some owners or operators of listed in the FOR FURTHER INFORMATION received during the comment period. vessels intending to transit the safety CONTACT section. Your comment can help shape the outcome of this rulemaking. If you zone may be small entities, for the E. Unfunded Mandates Reform Act reasons stated in section IV.A above, submit a comment, please include the this proposed rule would not have a The Unfunded Mandates Reform Act docket number for this rulemaking, significant economic impact on any of 1995 (2 U.S.C. 1531–1538) requires indicate the specific section of this vessel owner or operator. Federal agencies to assess the effects of document to which each comment If you think that your business, their discretionary regulatory actions. In applies, and provide a reason for each organization, or governmental particular, the Act addresses actions suggestion or recommendation. jurisdiction qualifies as a small entity that may result in the expenditure by a We encourage you to submit and that this rule would have a State, local, or tribal government, in the comments through the Federal significant economic impact on it, aggregate, or by the private sector of eRulemaking Portal at https:// please submit a comment (see $100,000,000 (adjusted for inflation) or www.regulations.gov. If your material ADDRESSES) explaining why you think it more in any one year. Though this cannot be submitted using https:// qualifies and how and to what degree proposed rule would not result in such www.regulations.gov, call or email the this rule would economically affect it. an expenditure, we do discuss the person in the FOR FURTHER INFORMATION Under section 213(a) of the Small effects of this rule elsewhere in this CONTACT section of this document for Business Regulatory Enforcement preamble. alternate instructions. Fairness Act of 1996 (Pub. L. 104–121), F. Environment We accept anonymous comments. we want to assist small entities in We have analyzed this proposed rule Comments we post to https:// understanding this proposed rule. If the www.regulations.gov will include any rule would affect your small business, under Department of Homeland Security Directive 023–01, Rev. 1, personal information you have organization, or governmental provided. For more about privacy and jurisdiction and you have questions associated implementing instructions, and Environmental Planning submissions in response to this concerning its provisions or options for document, see DHS’s eRulemaking compliance, please call or email the COMDTINST 5090.1 (series), which guide the Coast Guard in complying System of Records notice (85 FR 14226, person listed in the FOR FURTHER March 11, 2020). INFORMATION CONTACT section. The Coast with the National Environmental Policy Guard will not retaliate against small Act of 1969 (42 U.S.C. 4321–4370f), and Documents mentioned in this NPRM entities that question or complain about have made a preliminary determination as being available in the docket, and this proposed rule or any policy or that this action is one of a category of public comments, will be in our online action of the Coast Guard. actions that do not individually or docket at https://www.regulations.gov cumulatively have a significant effect on and can be viewed by following that C. Collection of Information the human environment. This proposed website’s instructions. We review all This proposed rule would not call for rule involves a temporary safety zone comments received, but we will only a new collection of information under lasting 2.5 total enforcement hours that post comments that address the topic of the Paperwork Reduction Act of 1995 would prohibit entry within a portion of the proposed rule. We may choose not (44 U.S.C. 3501–3520). the Miles River. Normally such actions to post off-topic, inappropriate, or are categorically excluded from further duplicate comments that we receive. If D. Federalism and Indian Tribal review under paragraph L60(a) of you go to the online docket and sign up Governments Appendix A, Table 1 of DHS Instruction for email alerts, you will be notified A rule has implications for federalism Manual 023–01–001–01, Rev. 1. A when comments are posted or a final under Executive Order 13132 preliminary Record of Environmental rule is published.

VerDate Sep<11>2014 16:42 Jun 04, 2021 Jkt 253001 PO 00000 Frm 00014 Fmt 4702 Sfmt 4702 E:\FR\FM\07JNP1.SGM 07JNP1 khammond on DSKJM1Z7X2PROD with PROPOSALS 30230 Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Proposed Rules

List of Subjects in 33 CFR Part 165 due to inclement weather on July 3, FR Federal Register NPRM Notice of proposed rulemaking Harbors, Marine safety, Navigation 2021, it will be enforced from 8 p.m. to 10:30 p.m. on July 4, 2021. § Section (water), Reporting and recordkeeping U.S.C. United States Code requirements, Security measures, Dated: June 1, 2021. Waterways. David E. O’Connell, II. Background, Purpose, and Legal Basis For the reasons discussed in the Captain, U.S. Coast Guard, Captain of the preamble, the Coast Guard is proposing Port Maryland-National Capital Region. The Coast Guard was notified by the to amend 33 CFR part 165 as follows: [FR Doc. 2021–11820 Filed 6–4–21; 8:45 am] Clarksville Parks and Recreation of a BILLING CODE 9110–04–P proposed 4th of July celebration PART 165—REGULATED NAVIGATION fireworks event. The event would take AREAS AND LIMITED ACCESS AREAS place on July 3, 2021 from 10 p.m. to DEPARTMENT OF HOMELAND 10:30 p.m. The fireworks would be ■ 1. The authority citation for part 165 SECURITY launched from land, but would have a continues to read as follows: significant fallout zone over the Authority: 46 U.S.C. 70034, 70051; 33 CFR Coast Guard Cumberland River. The COTP has 1.05–1, 6.04–1, 6.04–6, and 160.5; determined that potential hazards Department of Homeland Security Delegation 33 CFR Part 165 associated with this fireworks display No. 0170.1. [Docket Number USCG–2021–0274] would be a safety concern for anyone ■ 2. Add § 165.T05–0314 to read as within the fallout zone on the RIN 1625–AA00 follows: Cumblerand River between mile 128.0 Safety Zone; Cumberland River, Mile to 128.3. § 165.T05 –0314 Safety Zone; July 4th The Coast Guard is issuing this rule Markers 128.0–128.3, Clarksville, TN Holiday Fireworks on the Miles River, St. under authority in 46 U.S.C. 70034 Michaels, MD. AGENCY: Coast Guard, Department of (previously 33 U.S.C. 1231). The COTP (a) Location. The following area is a Homeland Security (DHS). has determined that potential hazards safety zone: All navigable waters of the ACTION: Notice of proposed rulemaking. associated with the Clarksville Miles River, within 420 feet of a Independence Day Celebration fireworks barge in approximate position SUMMARY: The Coast Guard is proposing fireworks display will be a safety latitude 38°47′55.10″ N, longitude to establish a temporary safety zone for concern, and a temporary safety zone is 076°12′43.75″ W, located at the entrance navigable waters on the Cumberland needed. This propsed rule is needed to to Long Haul Creek, at St. Michaels, MD. River from mile 128.0 to mile 128.3. The protect life and the marine environment (b) Definitions. As used in this safety zone is needed to protect life and in the navigable waters within the section— the marine environment from potential temporary safety zone during the Captain of the Port (COTP) means the hazards created by the Clarksville fireworks display. Commander, U.S. Coast Guard Sector Independence Day fireworks display. The purpose of this proposed Maryland-National Capital Region. Entry of vessels or persons into this rulemaking is to ensure the safety of life Designated representative means a zone is prohibited unless specifically and the navigable waters within a .3 Coast Guard Patrol Commander, authorized by the Captain of the Port mile span of the river where the including a Coast Guard coxswain, petty Sector Ohio Valley or a designated fireworks will be fired during, and after officer, or other officer operating a Coast representative. We invite your the scheduled event. The Coast Guard is Guard vessel and a Federal, State, and comments on this proposed rulemaking. proposing this rulemaking under local officer designated by or assisting DATES: Comments and related material authority in 46 U.S.C. 70034 (previously the Captain of the Port Maryland- must be received by the Coast Guard on 33 U.S.C. 1231). National Capital Region (COTP) in the or before June 22, 2021. Under 5 U.S.C. 553(d)(3), the Coast enforcement of the safety zone. ADDRESSES: You may submit comments Guard finds that good cause exists for (c) Regulations. (1) Under the general identified by docket number USCG– making this rule effective less than 30 safety zone regulations in subpart C of 2021–0274 using the Federal days after publication in the Federal this part, you may not enter the safety eRulemaking Portal at https:// Register. Delaying the effective date of zone described in paragraph (a) of this www.regulations.gov. See the ‘‘Public this rule would be contrary to the public section unless authorized by the COTP Participation and Request for interest as the temporary safety zone has or the COTP’s designated representative. Comments’’ portion of the to be established by July 3 to provide for (2) To seek permission to enter, SUPPLEMENTARY INFORMATION section for the safety of life on these navigable contact the COTP or the COTP’s further instructions on submitting waters. representative by telephone at 410–576– comments. 2693 or on Marine Band Radio VHF–FM III. Discussion of Proposed Rule channel 16 (156.8 MHz). Those in the FOR FURTHER INFORMATION CONTACT: If This proposed rule would establish a safety zone must comply with all lawful you have questions about this proposed safety zone from 10 p.m. until 10:30 orders or directions given to them by the rulemaking, call or email Petty Officer p.m. on July 3, 2021. The proposed COTP or the COTP’s designated Third Class Benjamin Gardner and temporary safety zone would cover all representative. Marine Safety Detachment Nashville, navigable waters of the Tennessee River (d) Enforcement officials. The U.S. U.S. Coast Guard; telephone 615–736– between miles 128.0 to 128.3. The Coast Guard may be assisted in the 5421, email Benjamin.t.gardner@ duration of the zone is intended to patrol and enforcement of the safety uscg.mil. protect life and the marine environment zone by Federal, State, and local SUPPLEMENTARY INFORMATION: on these navigable waters during the agencies. fireworks display. No vessel or person (e) Enforcement period. This safety I. Table of Abbreviations would be permitted to enter the safety zone will be enforced from 8 p.m. to CFR Code of Federal Regulations zone without obtaining permission from 10:30 p.m. on July 3, 2021. If necessary DHS Department of Homeland Security the COTP or a designated

VerDate Sep<11>2014 16:42 Jun 04, 2021 Jkt 253001 PO 00000 Frm 00015 Fmt 4702 Sfmt 4702 E:\FR\FM\07JNP1.SGM 07JNP1 khammond on DSKJM1Z7X2PROD with PROPOSALS Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Proposed Rules 30231

representative. Persons or vessels zone may be small entities, for the E. Unfunded Mandates Reform Act seeking to enter the safety zone must reasons stated in section IV.A above, The Unfunded Mandates Reform Act request permission from the COTP or a this proposed rule would not have a of 1995 (2 U.S.C. 1531–1538) requires designated representative on VHF–FM significant economic impact on any Federal agencies to assess the effects of radio channel 16 or phone at 1–800– vessel owner or operator. their discretionary regulatory actions. In 253–7465. If permission is granted, all If you think that your business, particular, the Act addresses actions persons and vessels shall comply with organization, or governmental that may result in the expenditure by a the instructions of the COTP or jurisdiction qualifies as a small entity State, local, or tribal government, in the designated representative. The COTP or and that this rule would have a aggregate, or by the private sector of a designated representative will inform significant economic impact on it, $100,000,000 (adjusted for inflation) or the public of the enforcement times and please submit a comment (see more in any one year. Though this date for this safety zone through ADDRESSES) explaining why you think it proposed rule would not result in such Broadcast Notices to Mariners, Local qualifies and how and to what degree an expenditure, we do discuss the Notices to Mariners, and/or Safety this rule would economically affect it. effects of this rule elsewhere in this Under section 213(a) of the Small Marine Information Broadcasts as preamble. appropriate. Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104–121), F. Environment IV. Regulatory Analyses we want to assist small entities in We have analyzed this proposed rule We developed this proposed rule after understanding this proposed rule. If the under Department of Homeland considering numerous statutes and rule would affect your small business, Security Directive 023–01, Rev. 1, Executive orders related to rulemaking. organization, or governmental associated implementing instructions, Below we summarize our analyses jurisdiction and you have questions and Environmental Planning based on a number of these statutes and concerning its provisions or options for COMDTINST 5090.1 (series), which Executive orders, and we discuss First compliance, please call or email the guide the Coast Guard in complying Amendment rights of protestors. person listed in the FOR FURTHER with the National Environmental Policy INFORMATION CONTACT section. The Coast A. Regulatory Planning and Review Act of 1969 (42 U.S.C. 4321–4370f), and Guard will not retaliate against small have made a preliminary determination Executive Orders 12866 and 13563 entities that question or complain about that this action is one of a category of direct agencies to assess the costs and this proposed rule or any policy or actions that do not individually or benefits of available regulatory action of the Coast Guard. cumulatively have a significant effect on alternatives and, if regulation is C. Collection of Information the human environment. This proposed necessary, to select regulatory rule involves a safety zone lasting 30 approaches that maximize net benefits. This proposed rule would not call for minutes that would prohibit entry This NPRM has not been designated a a new collection of information under within 0.3 miles of the Cumberland ‘‘significant regulatory action,’’ under the Paperwork Reduction Act of 1995 River. Normally such actions are Executive Order 12866. Accordingly, (44 U.S.C. 3501–3520). categorically excluded from further the NPRM has not been reviewed by the D. Federalism and Indian Tribal review under paragraph L60 of Office of Management and Budget Governments Appendix A, Table 1 of DHS Instruction (OMB). Manual 023–01–001–01, Rev. 1. A A rule has implications for federalism This regulatory action determination preliminary Record of Environmental under Executive Order 13132 is based on the size, location, duration, Consideration supporting this (Federalism), if it has a substantial and time-of-day of the safety zone. The determination is available in the docket. direct effect on the States, on the proppsed safety zone would last for For instructions on locating the docket, relationship between the National only thirty minutes, after which time see the ADDRESSES section of this vessels will be able to transit freely. Government and the States, or on the preamble. We seek any comments or Moreover, the Coast Guard would issue distribution of power and information that may lead to the a Broadcast Notice to Mariners via responsibilities among the various discovery of a significant environmental VHF–FM marine channel 16 about the levels of government. We have analyzed impact from this proposed rule. zone, and the rule would allow vessels this proposed rule under that Order and to seek permission to enter the zone. have determined that it is consistent G. Protest Activities with the fundamental federalism The Coast Guard respects the First B. Impact on Small Entities principles and preemption requirements Amendment rights of protesters. The Regulatory Flexibility Act of described in Executive Order 13132. Protesters are asked to call or email the 1980, 5 U.S.C. 601–612, as amended, Also, this proposed rule does not have person listed in the FOR FURTHER requires Federal agencies to consider tribal implications under Executive INFORMATION CONTACT section to the potential impact of regulations on Order 13175 (Consultation and coordinate protest activities so that your small entities during rulemaking. The Coordination with Indian Tribal message can be received without term ‘‘small entities’’ comprises small Governments) because it would not jeopardizing the safety or security of businesses, not-for-profit organizations have a substantial direct effect on one or people, places, or vessels. that are independently owned and more Indian tribes, on the relationship operated and are not dominant in their between the Federal Government and V. Public Participation and Request for fields, and governmental jurisdictions Indian tribes, or on the distribution of Comments with populations of less than 50,000. power and responsibilities between the We view public participation as The Coast Guard certifies under 5 U.S.C. Federal Government and Indian tribes. essential to effective rulemaking, and 605(b) that this proposed rule would not If you believe this proposed rule has will consider all comments and material have a significant economic impact on implications for federalism or Indian received during the comment period. a substantial number of small entities. tribes, please call or email the person Your comment can help shape the While some owners or operators of listed in the FOR FURTHER INFORMATION outcome of this rulemaking. If you vessels intending to transit the safety CONTACT section. submit a comment, please include the

VerDate Sep<11>2014 16:42 Jun 04, 2021 Jkt 253001 PO 00000 Frm 00016 Fmt 4702 Sfmt 4702 E:\FR\FM\07JNP1.SGM 07JNP1 khammond on DSKJM1Z7X2PROD with PROPOSALS 30232 Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Proposed Rules

docket number for this rulemaking, (1) In accordance with the general ADDRESSES: Submit your comments, indicate the specific section of this regulations in § 165.23 of this part, entry identified by Docket ID No. EPA–R09– document to which each comment into this zone is prohibited unless OAR–2021–0366 at https:// applies, and provide a reason for each specifically authorized by the Captain of www.regulations.gov. For comments suggestion or recommendation. the Port Sector Ohio Valley (COTP) or submitted at Regulations.gov, follow the We encourage you to submit a designated representative. No vessel or online instructions for submitting comments through the Federal person will be permitted to enter the comments. Once submitted, comments eRulemaking Portal at https:// safety zone without obtaining cannot be edited or removed from www.regulations.gov. If your material permission from the COTP or a Regulations.gov. The EPA may publish cannot be submitted using https:// designated representative. They may be any comment received to its public www.regulations.gov, call or email the contacted on VHF–FM radio channel 16 docket. Do not submit electronically any person in the FOR FURTHER INFORMATION or phone at 1–800–253–7465. information you consider to be CONTACT section of this document for (2) Persons and vessels permitted to Confidential Business Information (CBI) alternate instructions. enter the safety zone must transit at the or other information whose disclosure is We accept anonymous comments. All slowest safe speed and comply with all restricted by statute. Multimedia comments received will be posted lawful directions issued by the COTP or submissions (audio, video, etc.) must be without change to https:// a designated representative. accompanied by a written comment. www.regulations.gov and will include (d) Informational Broadcasts. The The written comment is considered the any personal information you have COTP or a designated representative official comment and should include provided. For more about privacy and will inform the public of the discussion of all points you wish to submissions in response to this enforcement times and date for this make. The EPA will generally not document, see DHS’s eRulemaking safety zone through Broadcast Notices to consider comments or comment System of Records notice (85 FR 14226, Mariners, Local Notices to Mariners, contents located outside of the primary March 11, 2020). and/or Safety Marine Information submission (i.e. on the web, cloud, or Documents mentioned in this NPRM Broadcasts as appropriate. other file sharing system). For additional submission methods, please as being available in the docket, and all Dated: May 20, 2021. contact the person identified in the FOR public comments, will be in our online A.M. Beach, docket at https://www.regulations.gov FURTHER INFORMATION CONTACT section. Captain, U.S. Coast Guard, Captain of the For the full EPA public comment policy, and can be viewed by following that Port Sector Ohio Valley. website’s instructions. Additionally, if information about CBI or multimedia [FR Doc. 2021–11884 Filed 6–4–21; 8:45 am] you go to the online docket and sign up submissions, and general guidance on for email alerts, you will be notified BILLING CODE 9110–04–P making effective comments, please visit when comments are posted or a final https://www.epa.gov/dockets/ rule is published. commenting-epa-dockets. ENVIRONMENTAL PROTECTION List of Subjects in 33 CFR Part 165 FOR FURTHER INFORMATION CONTACT: AGENCY Rebecca Newhouse, EPA Region IX, 75 Harbors, Marine safety, Navigation 40 CFR Part 52 Hawthorne St., San Francisco, CA (water), Reporting and recordkeeping 94105. By phone: (415) 972–3004 or by requirements, Security measures, email at [email protected]. Waterways. [EPA–R09–OAR–2021–0366; FRL–10024– 78–Region 9] For the reasons discussed in the SUPPLEMENTARY INFORMATION: preamble, the Coast Guard is proposing Air Plan Approval; California; San Throughout this document, ‘‘we,’’ ‘‘us’’ to amend 33 CFR part 165 as follows: Diego County Air Pollution Control and ‘‘our’’ refer to the EPA. District Table of Contents PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS AGENCY: Environmental Protection I. The State’s Submittal Agency (EPA). A. What rule did the State submit? ■ 1. The authority citation for part 165 ACTION: Proposed rule. B. Are there other versions of this rule? continues to read as follows: C. What is the purpose of the submitted rule? Authority: 46 U.S.C. 70034, 70051; 33 CFR SUMMARY: The Environmental Protection II. The EPA’s Evaluation and Action 1.05–1, 6.04–1, 6.04–6, and 160.5; Agency (EPA) is proposing to approve a Department of Homeland Security Delegation revision to the San Diego County Air A. How is the EPA evaluating the rule? No. 0170.1. Pollution Control District (SDCAPCD or B. Does the rule meet the evaluation criteria? ■ 2. Add § 165.T08–0274 to read as District) portion of the California State Implementation Plan (SIP). This C. The EPA’s Recommendations To Further follows: Improve the Rule revision concerns emissions of volatile D. Public Comment and Proposed Action § 165T08–0274 Safety Zone; Cumberland organic compounds (VOCs) from III. Incorporation by Reference River, Mile Markers 128.0–128.3, Clarksville, gasoline transfers into underground IV. Statutory and Executive Order Reviews TN. stationary storage tanks at gasoline (a) Location. The following area is a dispensing facilities. We are proposing I. The State’s Submittal to approve a local rule to regulate these safety zone: All navigable waters of he A. What rule did the State submit? Cumberland River from mile marker emission sources under the Clean Air 128.0 to mile marker 128.3. Act (CAA or the Act). We are taking Table 1 lists the rule addressed by this (b) Period of enforcement. This rule comments on this proposal and plan to proposal with the dates that it was will be enforced from 10 p.m. until follow with a final action. adopted by the local air agency and 10:30 p.m. on July 3, 2021. DATES: Comments must be received on submitted by the California Air (c) Regulations. or before July 7, 2021. Resources Board (CARB).

VerDate Sep<11>2014 19:30 Jun 04, 2021 Jkt 253001 PO 00000 Frm 00017 Fmt 4702 Sfmt 4702 E:\FR\FM\07JNP1.SGM 07JNP1 khammond on DSKJM1Z7X2PROD with PROPOSALS Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Proposed Rules 30233

TABLE 1—SUBMITTED RULE

Local agency Rule No. Rule title Adopted Submitted

SDCAPCD ...... 61.3.1 Transfer of Gasoline into Stationary Under- March 1, 2006 ...... August 9, 2017.1 ground Storage Tanks.

On February 9, 2018, the submittal for Rule 61.3 applies to both aboveground (RACT) for each category of sources Rule 61.3.1 was deemed by operation of and underground storage tanks, Rule covered by a CTG document as well as law to meet the completeness criteria in 61.3.1 applies only to underground each major source of VOCs in ozone 40 CFR part 51 Appendix V, which storage tanks. Consequently, Rule 61.3.1 nonattainment areas classified as must be met before formal EPA review. supplements, but does not replace Rule moderate or above (see CAA section 61.3, as RACT for Stage I vapor recovery 182(b)(2)). The SDCAPCD regulates an B. Are there other versions of this rule? ....’’2 ozone nonattainment area classified as a We approved Rule 61.3: Transfer of On December 3, 2020 (85 FR 77996), ‘‘Serious’’ nonattainment area for the Volatile Organic Compounds Into the EPA partially disapproved 2008 8-hour ozone National Ambient Stationary Storage Tanks (revised SDCAPCD’s 2008 RACT SIP for the Air Quality Standard (NAAQS) and a October 16, 1990) into the SIP on June source category covering the ‘‘Design ‘‘Moderate’’ nonattainment area for the 30, 1993 (58 FR 34906). Rule 61.3 Criteria for Stage I Vapor Control 2015 8-hour ozone NAAQS (see 40 CFR applies to gasoline transfers into Systems—Gasoline Service Stations’’ 81.305). Therefore, this rule must aboveground and underground (EPA–450/R–75–102) Control implement RACT. As this rule regulates stationary storage tanks at gasoline Techniques Guidelines (CTG). We refer only a subset of the sources covered by dispensing facilities (GDFs). SDCAPCD hereafter to this CTG as the ‘‘Stage I the CTG, our action evaluates whether adopted a separate rule, Rule 61.3.1, to Gasoline Transfer CTG.’’ The EPA’s Rules 61.3 and 61.3.1 together update requirements for gasoline August 10, 2020 proposal states that, implement RACT for the entire Stage I transfers to underground storage tanks ‘‘. . . Rule 61.3.1, which regulates Gasoline Transfer CTG source category. at GDFs on March 1, 2006, and CARB sources in this category, was not Guidance and policy documents that submitted the rule to the EPA on August properly noticed, and is thus not we used to evaluate enforceability, 9, 2017. approvable. The District intends to re- revision/relaxation, and rule stringency C. What is the purpose of the submitted notice Rule 61.3.1, which together with requirements for the applicable criteria rule? [Rule] 61.3 would establish current pollutants include the following: RACT for this category.’’ 3 1. ‘‘State Implementation Plans; Emissions of VOCs contribute to the The SDCAPCD submitted a General Preamble for the production of ground-level ozone, smog, supplement to the original submittal of Implementation of Title I of the Clean and particulate matter, which harm Rule 61.3.1, which was transmitted by Air Act Amendments of 1990,’’ 57 FR human health and the environment. CARB to the EPA on December 28, 2020, 13498 (April 16, 1992); 57 FR 18070 Section 110(a) of the CAA requires and included updated public notice (April 28, 1992). states to submit regulations that control documentation that cured the public 2. ‘‘Issues Relating to VOC Regulation VOC emissions. SIP-approved Rule 61.3 notice deficiency from the original Cutpoints, Deficiencies, and regulates emissions from gasoline submittal of Rule 61.3.1.4 Deviations,’’ EPA, May 25, 1988 (the transfers at GDFs. Rule 61.3.1, adopted The EPA’s TSD has more information Bluebook, revised January 11, 1990). in 2006, further limits VOC emissions about this rule. 3. ‘‘Guidance Document for Correcting from gasoline transfers into Common VOC & Other Rule underground storage tanks at GDFs, and II. The EPA’s Evaluation and Action Deficiencies,’’ EPA Region 9, August 21, requires underground storage tanks at A. How is the EPA evaluating the rule? 2001 (the Little Bluebook). GDFs to have CARB-certified vapor 4. ‘‘Design Criteria for Stage I Vapor Rules in the SIP must be enforceable recovery systems meeting a vapor Control Systems—Gasoline Service (see CAA section 110(a)(2)), must not control efficiency of 98% and CARB- Stations,’’ EPA–450/R–75–102, interfere with applicable requirements certified and vapor tight components November 1975. including poppetted dry breaks and concerning attainment and reasonable fittings. Rule 61.3.1 includes further progress or other CAA B. Does the rule meet the evaluation requirements for weekly and monthly requirements (see CAA section 110(l)), criteria? inspections, and expanded source and must not modify certain SIP control This rule is consistent with CAA testing and recordkeeping requirements requirements in nonattainment areas requirements and relevant guidance beyond the requirements included in without ensuring equivalent or greater regarding enforceability, RACT, and SIP Rule 61.3. The District’s reasonably emissions reductions (see CAA section revisions. Specifically, the rule available control technology (RACT) 193). requirements sufficiently ensure that analysis for the 2008 8-hr ozone Generally, SIP rules must require affected sources and regulators can National Ambient Air Quality Standard reasonably available control technology consistently evaluate and determine (2008 RACT SIP) states that, ‘‘[w]hile compliance. Additionally, our analysis 2 SDCAPCD, ‘‘2008 Eight-Hour Ozone Reasonably Available Control Technology Demonstration for finds that Rule 61.3.1 and Rule 61.3 1 The District supplemented its submittal by together represent current RACT for the providing additional proof of public notice, San Diego County,’’ December 2016, 2–4. submitted by CARB to the EPA on December 28, 3 85 FR 48127, 48131. Stage I Gasoline Transfer CTG, because 2020. Letter dated December 28, 2020, from Richard 4 Letter dated December 28, 2020, from Richard the rules are more stringent than the W. Corey, Executive Officer, CARB, to John W. W. Corey, Executive Officer, CARB, to John W. CTG, and are generally consistent with Busterud, Regional Administrator, EPA, Region IX, Busterud, Regional Administrator, EPA, Region IX, requirements in other air districts for transmitting the proof of public notice in The Daily transmitting the proof of public notice in The Daily Transcript, and Minute Order No.1 from the Transcript, and Minute Order No.1 from the gasoline transfers into stationary storage SDCAPCD Board hearing on October 14, 2020. SDCAPCD Board hearing on October 14, 2020. tanks at GDFs. Lastly, Rule 61.3.1 will

VerDate Sep<11>2014 16:42 Jun 04, 2021 Jkt 253001 PO 00000 Frm 00018 Fmt 4702 Sfmt 4702 E:\FR\FM\07JNP1.SGM 07JNP1 khammond on DSKJM1Z7X2PROD with PROPOSALS 30234 Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Proposed Rules

not interfere with any applicable IV. Statutory and Executive Order tribal implications and will not impose requirements of the CAA. The TSD has Reviews substantial direct costs on tribal more information on our evaluation. Under the Clean Air Act, the governments or preempt tribal law as Administrator is required to approve a specified by Executive Order 13175 (65 C. The EPA’s Recommendations To FR 67249, November 9, 2000). Further Improve the Rule SIP submission that complies with the provisions of the Act and applicable List of Subjects in 40 CFR Part 52 Our TSD for this action recommends federal regulations. 42 U.S.C. 7410(k); Environmental protection, Air several amendments to Rule 61.3.1, for 40 CFR 52.02(a). Thus, in reviewing SIP pollution control, Incorporation by submissions, the EPA’s role is to consideration by the District the next reference, Intergovernmental relations, approve state choices, provided that time the rule is revised. Specifically, our Ozone, Reporting and recordkeeping they meet the criteria of the Clean Air TSD recommends amending the requirements, Volatile organic Act. Accordingly, this proposed action definition of ‘‘vapor leak,’’ removing compounds. language authorizing the use of the most merely proposes to approve state law as current version of a specified ASTM test meeting federal requirements and does Authority: 42 U.S.C. 7401 et seq. method, and adding a reference to the not impose additional requirements Dated: June 1, 2021. specific section of the California Code of beyond those imposed by state law. For Deborah Jordan, Regulations that lists relevant vapor that reason, this proposed action: Acting Regional Administrator, Region IX. • Is not a ‘‘significant regulatory recovery system defects. Our TSD has [FR Doc. 2021–11891 Filed 6–4–21; 8:45 am] action’’ subject to review by the Office more information regarding these BILLING CODE 6560–50–P recommendations. of Management and Budget under Executive Orders 12866 (58 FR 51735, D. Public Comment and Proposed October 4, 1993) and 13563 (76 FR 3821, ENVIRONMENTAL PROTECTION Action January 21, 2011); AGENCY • Does not impose an information As authorized in section 110(k)(3) of collection burden under the provisions 40 CFR Part 52 the Act, the EPA proposes to fully of the Paperwork Reduction Act (44 approve the submitted rule because it U.S.C. 3501 et seq.); [EPA–R09–OAR–2021–0341; FRL–10024– 59–Region 9] fulfills all relevant requirements. • Is certified as not having a Additionally, because the District significant economic impact on a Severe Area Submission Requirements corrected the procedural deficiency substantial number of small entities for the 2008 Ozone NAAQS; California; preventing Rule 61.3.1’s approval into under the Regulatory Flexibility Act (5 Eastern Kern Nonattainment Area the SIP and we are now proposing such U.S.C. 601 et seq.); approval, and because our analysis • Does not contain any unfunded AGENCY: Environmental Protection confirms that Rules 61.3.1 and 61.3 mandate or significantly or uniquely Agency (EPA). satisfy RACT requirements for sources affect small governments, as described ACTION: Proposed rule. covered by the Stage I Gasoline Transfer in the Unfunded Mandates Reform Act CTG, we propose to find that SDCAPCD of 1995 (Pub. L. 104–4); SUMMARY: In the Rules and Regulations has rectified the deficiency identified in • Does not have federalism section of this Federal Register, the our partial disapproval of the District’s implications as specified in Executive Environmental Protection Agency (EPA) 2008 RACT SIP submittal with respect Order 13132 (64 FR 43255, August 10, is granting a request by the California to the Stage I Gasoline Transfer CTG. If 1999); Air Resources Board (CARB or ‘‘State’’) finalized, this action will stop the • Is not an economically significant to voluntarily reclassify the Eastern sanction and federal implementation regulatory action based on health or Kern nonattainment area (‘‘Eastern plan clocks for this CTG source safety risks subject to Executive Order Kern’’) from ‘‘Serious’’ to ‘‘Severe’’ for category. We will accept comments from 13045 (62 FR 19885, April 23, 1997); the 2008 8-hour ozone National • the public on this proposal until July 7, Is not a significant regulatory action Ambient Air Quality Standards 2021. If we take final action to approve subject to Executive Order 13211 (66 FR (NAAQS) under section 181(b)(3) of the 28355, May 22, 2001); Clean Air Act (CAA). In this action, the the submitted rule, our final action will • incorporate this rule into the federally Is not subject to requirements of EPA is proposing a schedule for the enforceable SIP. Section 12(d) of the National State to submit revisions to the state Technology Transfer and Advancement implementation plan (SIP) addressing III. Incorporation by Reference Act of 1995 (15 U.S.C. 272 note) because Severe area requirements and to submit application of those requirements would revisions to the title V operating permit In this rule, the EPA is proposing to be inconsistent with the Clean Air Act; rules for this area. Under the EPA’s include in a final EPA rule regulatory and proposed schedule, California would be text that includes incorporation by • Does not provide the EPA with the required to submit SIP revisions reference. In accordance with discretionary authority to address addressing Severe area requirements for requirements of 1 CFR 51.5, the EPA is disproportionate human health or Eastern Kern, including revisions to proposing to incorporate by reference environmental effects with practical, New Source Review (NSR) rules, no the SDCAPCD rule described in Table 1 appropriate, and legally permissible later than 18 months from the effective of this preamble. The EPA has made, methods under Executive Order 12898 date of the EPA’s final rule reclassifying and will continue to make, these (59 FR 7629, February 16, 1994). Eastern Kern to Severe. Submittal of any materials available through https:// In addition, the SIP is not approved corresponding revisions to the title V www.regulations.gov and at the EPA to apply on any Indian reservation land rules that apply in Eastern Kern would Region IX Office (please contact the or in any other area where the EPA or be due within six months of the person identified in the FOR FURTHER an Indian tribe has demonstrated that a effective date of the reclassification. INFORMATION CONTACT section of this tribe has jurisdiction. In those areas of Lastly, the EPA is proposing a deadline preamble for more information). Indian country, the rule does not have for implementation of new Reasonably

VerDate Sep<11>2014 16:42 Jun 04, 2021 Jkt 253001 PO 00000 Frm 00019 Fmt 4702 Sfmt 4702 E:\FR\FM\07JNP1.SGM 07JNP1 khammond on DSKJM1Z7X2PROD with PROPOSALS Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Proposed Rules 30235

Available Control Technology (RACT) ozone NAAQS from 0.08 parts per On October 25, 2017, CARB submitted rules as expeditiously as practicable but million (ppm) to 0.075 ppm (‘‘2008 the ‘‘Eastern Kern Air Pollution Control no later than 18 months from the date ozone NAAQS’’).1 In accordance with District 2017 Ozone Attainment Plan for when the Severe area RACT SIP will be section 107(d) of the CAA, the EPA the Federal 75 ppb 8-Hour Ozone due. must designate an area ‘‘nonattainment’’ Standard’’ (‘‘the Eastern Kern 2017 DATES: Comments must be received on if it is violating the NAAQS or if it is Ozone Plan’’), which included a request or before July 7, 2021. contributing to a violation of the for voluntary reclassification of the ADDRESSES: Submit your comments, NAAQS in a nearby area. With respect Eastern Kern ozone nonattainment area identified by Docket ID No. EPA–R09– to the ozone NAAQS, the EPA further from Moderate to Serious. Effective OAR–2021–0341 at https:// classifies nonattainment areas as August 6, 2018, the EPA granted CARB’s www.regulations.gov. For comments ‘‘Marginal,’’ ‘‘Moderate,’’ ‘‘Serious,’’ request and reclassified the Eastern 2 submitted at Regulations.gov, follow the ‘‘Severe,’’ or ‘‘Extreme,’’ depending Kern ozone nonattainment area as online instructions for submitting upon the ozone design value for an Serious for the 2008 ozone NAAQS with 3 comments. Once submitted, comments area. See CAA section 181(a)(1). As a a new maximum attainment date of July cannot be edited or removed from general matter, higher classified ozone 20, 2021.7 Regulations.gov. The EPA may publish nonattainment areas are subject to a By letter dated May 15, 2021, CARB any comment received to its public greater number of, and more stringent, submitted a request from the Eastern docket. Do not submit electronically any CAA planning requirements than lower Kern Air Pollution Control District information you consider to be classified areas but are allowed more (‘‘District’’) to the EPA to voluntarily Confidential Business Information (CBI) time to attain the ozone NAAQS. See, reclassify the Eastern Kern ozone or other information whose disclosure is generally, subpart 2 of part D of title I nonattainment area from Serious to restricted by statute. Multimedia of the CAA. Severe for the 2008 8-hour ozone Effective July 20, 2012, the EPA 8 submissions (audio, video, etc.) must be NAAQS. In the Rules and Regulations designated and classified the Eastern accompanied by a written comment. section of this Federal Register, the EPA Kern area 4 under the CAA as Marginal The written comment is considered the is granting California’s request and nonattainment for the 2008 8-hour reclassifying the Eastern Kern area from official comment and should include 5 ozone NAAQS. EPA’s classification of Serious to Severe nonattainment for the discussion of all points you wish to Eastern Kern as a Marginal ozone make. The EPA will generally not 2008 8-hour ozone NAAQS. In this nonattainment area established a action, we are proposing a schedule for consider comments or comment requirement that the area attain the 2008 contents located outside of the primary the State to submit the plan elements for ozone NAAQS as expeditiously as a Severe ozone nonattainment area. submission (i.e., on the web, cloud, or practicable, but no later than three years other file sharing system). For from the date of designation as II. Severe Area Requirements and additional submission methods, please nonattainment, i.e., July 20, 2015. Under Proposed Schedule contact the person identified in the FOR CAA section 181(b)(2), the EPA is FURTHER INFORMATION CONTACT section. In this action, we are proposing to required to determine whether an area require the State to submit SIP revisions For the full EPA public comment policy, attained the ozone NAAQS by the information about CBI or multimedia to address the requirements resulting applicable attainment date. In May from the EPA’s reclassification of submissions, and general guidance on 2016, the EPA found that Eastern Kern making effective comments, please visit Eastern Kern to Severe nonattainment failed to attain the 2008 ozone NAAQS for the 2008 ozone NAAQS by no later https://www.epa.gov/dockets/ by the July 20, 2015 Marginal commenting-epa-dockets. If you need than 18 months from the effective date attainment date and reclassified the area of the EPA’s final rule reclassifying assistance in a language other than as Moderate for the 2008 ozone NAAQS English or if you are a person with Eastern Kern to Severe. Under this with a new maximum attainment date of proposal, the State’s submittal(s) would disabilities who needs a reasonable July 20, 2018.6 accommodation at no cost to you, please need to include a Severe area plan that addresses the requirements of CAA contact the person identified in the FOR 1 73 FR 16436 (March 27, 2008). section 182(d) as well as revisions to the FURTHER INFORMATION CONTACT section. 2 Throughout this document, we use the term NSR rules applicable to the area. We are FOR FURTHER INFORMATION CONTACT: Ben ‘‘Severe’’ to refer to Severe areas that have up to 15 years to attain the ozone standards. The ozone area also proposing a schedule for submittal Leers, Air Planning Office (AIR–2), EPA designation tables in 40 CFR part 81 specify of revised title V rules within six Region IX, (415) 947–4279, ‘‘Severe-15’’ to distinguish such areas from ‘‘Severe- months of the effective date of the EPA’s [email protected]. 17’’ areas, which are Severe areas that have up to 17 years to attain the ozone standards. final reclassification rule as explained SUPPLEMENTARY INFORMATION: 3 For the 2008 ozone NAAQS, the design value at in greater detail below. Throughout this document, ‘‘we,’’ ‘‘us,’’ each monitoring site is the annual fourth-highest and ‘‘our’’ refer to the EPA. daily maximum 8-hour average ozone A. Severe Area Plan Requirements concentration, averaged over three years. The Table of Contents design value for an area is the highest design value CARB must submit SIP revisions for among the monitoring sites. Eastern Kern that satisfy the general air I. Background 4 Kern County is located in the southern-most II. Severe Area Requirements and Proposed quality planning requirements under portion of California’s Central Valley. The western CAA section 172(c) and specific Schedule portion of Kern County is part of the San Joaquin A. Severe Area Plan Requirements Valley air basin and is included within the San requirements for Severe areas under B. NSR and Title V Program Revisions Joaquin Valley ozone nonattainment area. The C. Federal Reformulated Gasoline eastern portion of Kern County is part of the Mojave 7 83 FR 31334 (July 5, 2018). III. Proposed Action and Request for Public Desert air basin. The Eastern Kern ozone 8 Letter dated May 15, 2021, from Richard W. Comment nonattainment area covers the eastern portion of the Corey, Executive Officer, CARB, to Deborah Jordan, IV. Statutory and Executive Order Reviews county excluding Indian Wells Valley. For more Acting Regional Administrator, EPA Region IX. In detail on the boundaries of the Eastern Kern ozone the letter, CARB also requests reclassification of I. Background nonattainment area, see the 2008 ozone table in 40 Eastern Kern to Serious for the 2015 ozone NAAQS. CFR 81.305. The EPA will take action on the reclassification In March 2008, the EPA strengthened 5 77 FR 30088 (May 21, 2012). request with respect to the 2015 ozone NAAQS in the primary and secondary eight-hour 6 81 FR 26697 (May 4, 2016). a separate rulemaking.

VerDate Sep<11>2014 16:42 Jun 04, 2021 Jkt 253001 PO 00000 Frm 00020 Fmt 4702 Sfmt 4702 E:\FR\FM\07JNP1.SGM 07JNP1 khammond on DSKJM1Z7X2PROD with PROPOSALS 30236 Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Proposed Rules

CAA section 182(d), as interpreted and not yet expired, we are proposing the newly subject to the title V program to described in the final SIP Requirements same schedule for submittal of the CAA submit a timely application.12 Rule for the 2008 ozone NAAQS. See 40 section 185 fee program for Eastern Kern C. Federal Reformulated Gasoline CFR 51.1100 et seq. as for the other Severe area SIP For areas initially designated Severe, requirements to assure consistency The Clean Air Act requires that the the CAA and the EPA’s ozone SIP among the required submissions. sale of conventional gasoline be Requirements Rules (SRR) for the 2008 prohibited in any ozone nonattainment With respect to implementation of ozone NAAQS 9 generally provide, area that is reclassified as Severe, new RACT controls in Eastern Kern, we depending on the element, up to four resulting in federal reformulated are proposing that such controls be years from the date of designation to gasoline (RFG) being sold in any such implemented as expeditiously as submit the required SIP elements to the area.13 The prohibition on the sale of practicable, but no later than 18 months EPA. The statutory deadline for all SIP conventional gasoline takes effect one from the date when the Severe area submissions for areas initially year after the effective date of the RACT SIP will be due, i.e., 36 months designated as Severe for the 2008 ozone reclassification to Severe. California law from the effective date of the EPA’s final NAAQS was July 20, 2016 (excluding requires the sale of California Phase 3 rule reclassifying Eastern Kern to Severe the CAA section 185 fee program). RFG (CaRFG3) throughout the state, and (assuming we finalize the proposed 18- Because the deadlines for areas initially the EPA has exempted gasoline fuel month schedule for submittal). We designated as Severe have passed meeting the CaRFG3 regulations from believe that such an implementation (except for the CAA section 185 fee the requirements that would otherwise deadline appropriately balances the program), the EPA is invoking its apply under the federal RFG necessity of providing sources sufficient general CAA section 301(a) authority to regulations.14 We issued this exemption time to come into compliance with the propose a new deadline of 18 months because we found that gasoline new RACT controls while also ensuring from the effective date of the final rule complying with the CaRFG3 regulations that RACT controls are in place in time reclassifying Eastern Kern as Severe for provides emissions benefits equivalent to provide for attainment consistent the State to submit SIP revisions to federal RFG regulations and because with the overarching goal of improving addressing the Severe area requirements California’s compliance and air quality as quickly as possible to for Eastern Kern. enforcement program is sufficiently improve public health outcomes. For ozone areas reclassified by rigorous to assure that the standards are operation of law under CAA section B. NSR and Title V Program Revisions met.15 Thus, reclassification of Eastern 181(b)(2) from Moderate to Serious, we Kern to Severe does not impact the have generally established 12-month SIP In section II.A of this proposed rule, continued applicability of California’s 10 submission deadlines. However, we we are proposing a deadline of no later regulations that require the sale of find that an 18-month schedule for than 18 months from the effective date CaRFG3 in the Eastern Kern area. submittal of SIP revisions is appropriate of EPA’s final rule reclassifying Eastern Should California’s regulations no for reclassifications from Serious to Kern to Severe for submittal of revised longer apply in the future, the EPA’s Severe given the longer interval to the District NSR rules as a SIP revision. The RFG regulations would apply in keeping maximum attainment date associated District NSR rules for Eastern Kern must with the CAA. In a separate action, the with areas reclassified to Severe as be revised to reflect the Severe area EPA would add Eastern Kern to the list compared to areas reclassified to definitions for new major sources and of federal RFG covered areas in 40 CFR Serious. That is, the maximum major modifications and to increase the part 1090. attainment dates extend from six to nine offset ratios for these sources consistent years from the effective date of with CAA section 182(d)(2). Under CAA III. Proposed Action and Request for designation for areas reclassified from section 182(d)(2), the volatile organic Public Comment Moderate to Serious, but from nine to 15 compound and oxides of nitrogen offset For the reasons provided above, the years for areas reclassified from Serious ratios for major sources and EPA is proposing to establish a deadline 11 to Severe. Therefore, we find that modifications in a Severe nonattainment of no later than 18 months from the providing a longer period for submittal area must be at least 1.3 to 1, or at least effective date of the final rule of SIP revisions addressing Severe area 1.2 to 1 if the plan requires all existing reclassifying Eastern Kern as Severe for requirements for Eastern Kern is major sources in the nonattainment area the State of California to submit SIP appropriate and allows CARB and the to use best available control technology. revisions addressing all Severe area SIP District to finish reviews of available The District must also make any elements for the Eastern Kern ozone control measures, adopt revisions to nonattainment area. We are proposing to necessary control strategies, address changes in its title V operating permits establish a deadline of six months for other SIP requirements and complete program for Eastern Kern necessary to any necessary revisions to the title V the public notice process necessary to reflect the change in the major source rules for the Eastern Kern area. The EPA adopt and submit timely SIP revisions. threshold from 50 tons per year for is proposing a deadline for Lastly, while the deadline for submittal Serious areas to 25 tons per year for implementation of new RACT controls of the CAA section 185 fee program for Severe areas. We are proposing a as expeditiously as practicable but no areas originally classified as Severe has deadline of six months from the effective date of reclassification to later than 18 months from the effective 9 The EPA promulgated the SRR for the 2008 Severe for the District to submit the 12 ozone NAAQS at 40 CFR part 52, subpart AA. required title V revisions. Given the A source newly subject to the title V permit program is required to submit a title V application 10 See, e.g., 75 FR 79302 (Dec. 20, 2010) (Dallas- narrow scope of the required revisions, within 12 months after the source becomes subject Ft. Worth, Texas, reclassification to Serious for the we consider a deadline of six months 1997 8-hour ozone NAAQS); 69 FR 16483 (March to the program. See 40 CFR 70.5(a)(1)(i). 30, 2004) (Beaumont-Port Arthur, Texas, from the effective date of reclassification 13 See the definitions of ‘‘covered area,’’ reclassification to Serious for the 1979 1-hour ozone as a sufficient period of time to allow ‘‘conventional gasoline,’’ and ‘‘reformulated NAAQS); 68 FR 4836 (Jan. 30, 2003) (St. Louis, the District to make the required gasoline’’ in CAA section 211(k)(10). Missouri, reclassification to Serious for the 1979 1- 14 40 CFR 1090.625. See also 85 FR 78412 at hour ozone NAAQS). changes without imposing a lengthy 78430, footnote 70 (December 4, 2020). 11 40 CFR 51.1103. delay in the requirement for sources 15 70 FR 75914 (December 21, 2005).

VerDate Sep<11>2014 16:42 Jun 04, 2021 Jkt 253001 PO 00000 Frm 00021 Fmt 4702 Sfmt 4702 E:\FR\FM\07JNP1.SGM 07JNP1 khammond on DSKJM1Z7X2PROD with PROPOSALS Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Proposed Rules 30237

date of the date when the Severe area jurisdiction within the Eastern Kern List of Subjects in 40 CFR Part 52 RACT SIP will be due, i.e., 36 months ozone nonattainment area, and thus, Environmental protection, Air from the effective date of the EPA’s final this proposed rule does not have tribal pollution control, Incorporation by rule reclassifying Eastern Kern to Severe implications and will not impose reference, Intergovernmental relations, (assuming we finalize the proposed 18- substantial direct costs on tribal Nitrogen dioxide, Ozone, Volatile month schedule for submittal). We will governments or preempt tribal law as organic compounds. accept comments from the public on specified by Executive Order 13175. this proposed rule for the next 30 days. This proposed action also does not Dated: May 27, 2021. The deadline and instructions for have federalism implications because it Deborah Jordan, submission of comments are provided does not have substantial direct effects Acting Regional Administrator, Region IX. in the DATES and ADDRESSES sections at on the states, on the relationship [FR Doc. 2021–11706 Filed 6–4–21; 8:45 am] the beginning of this preamble. between the national government and BILLING CODE 6560–50–P IV. Statutory and Executive Order the states, nor on the distribution of Reviews power and responsibilities among the various levels of government, as ENVIRONMENTAL PROTECTION Under Executive Orders 12866 (58 FR specified in Executive Order 13132 (64 AGENCY 51735, October 4, 1993) and 13563 (76 FR 43255, August 10, 1999). This 40 CFR Part 261 FR 3821, January 21, 2011), this proposed action does not alter the proposed action is not a ‘‘significant relationship or the distribution of power [EPA–R10–RCRA–2021–0142; FRL–10023– regulatory action’’ and therefore is not and responsibilities established in the 45–Region 10] subject to review by the Office of CAA. Management and Budget. Because the This proposed rule also is not subject Hazardous Waste Management statutory requirements are clearly to Executive Order 13045, ‘‘Protection of System; Proposed Exclusion for defined with respect to the differently Children from Environmental Health Identifying and Listing Hazardous classified areas, and because those Risks and Safety Risks’’ (62 FR 19885, Waste requirements are automatically triggered April 23, 1997), because the EPA by reclassification, the timing of the AGENCY: Environmental Protection interprets Executive Order 13045 as submittal of the Severe area Agency (EPA). applying only to those regulatory requirements does not impose a ACTION: Proposed rule and request for materially adverse impact under actions that concern health or safety comment. Executive Order 12866. For these risks, such that the analysis required SUMMARY: The Environmental Protection reasons, this proposed action is also not under section 5–501 of the Executive Agency (EPA) (also, ‘‘the Agency’’ or subject to Executive Order 13211, Order has the potential to influence the ‘‘we’’ in this preamble) is proposing ‘‘Actions Concerning Regulations That regulation. technical amendments to an existing Significantly Affect Energy Supply, As this proposal would set a deadline Distribution, or Use’’ (66 FR 28355, May for the submittal of CAA required plans exclusion from the list of federal 22, 2001). and information, the requirements of hazardous waste (delisting) issued to the In addition, I certify that this section 12(d) of the National United States Department of Energy proposed rule will not have a significant Technology Transfer and Advancement (Energy) under the Resource economic impact on a substantial Act of 1995 (15 U.S.C. 272 note) do not Conservation and Recovery Act. These number of small entities under the apply. This proposed rule does not modifications address changes to the Regulatory Flexibility Act (5 U.S.C. 601 impose an information collection 200-Area Effluent Treatment System et seq.) and that this proposed rule does burden under the provisions of the associated with the delisting necessary not contain any unfunded mandate or Paperwork Reduction Act of 1995 (44 to accept liquid effluents expected to be significantly or uniquely affect small U.S.C. 3501 et seq.). generated from vitrification of certain governments, as described in the Executive Order 12898 (59 FR 7629, low-activity mixed wastes at the Unfunded Mandates Reform Act of 1995 February 16, 1994) establishes federal Hanford Federal Facility, or Hanford (Pub. L. 104–4), because the EPA is executive policy on environmental Site, in Richland, Washington. seeking comment solely on the timing of justice. Its main provision directs DATES: Comments must be received on submittal requirements. federal agencies, to the greatest extent or before July 7, 2021. Requests for an Executive Order 13175 (65 FR 67249, practicable and permitted by law, to informal hearing must reach the EPA by November 9, 2000) requires the EPA to make environmental justice part of their June 22, 2021. develop an accountable process to mission by identifying and addressing, ADDRESSES: Submit your comments, ensure ‘‘meaningful and timely input by as appropriate, disproportionately high identified by Docket ID No. EPA–R10– tribal officials in the development of and adverse human health or RCRA–2021–0142 via regulatory policies that have tribal environmental effects of their programs, www.regulations.gov: Follow the on-line implications.’’ ‘‘Policies that have tribal policies, and activities on minority instructions for submitting comments. implications’’ is defined in the populations and low-income Due to restrictions related to COVID–19, Executive Order to include regulations populations in the United States. The submission of comments via mail or that have ‘‘substantial direct effects on EPA believes that this action, which hand delivery is not feasible at this one or more Indian tribes, on the addresses the timing for the submittal of time. relationship between the Federal Severe area ozone planning Instructions: Direct your comments to government and Indian tribes, or on the requirements, does not have Docket ID No. EPA–R10–RCRA–2021– distribution of power and disproportionately high and adverse 0142. The EPA’s policy is that all responsibilities between the Federal human health or environmental health comments received will be included in government and Indian tribes.’’ There effects on minority populations, low- the public docket without change and are no Indian reservation lands or other income populations and/or indigenous may be made available online at areas where the EPA or an Indian tribe peoples, as specified in Executive Order www.regulations.gov, including any has demonstrated that a tribe has 12898. personal information provided, unless

VerDate Sep<11>2014 16:42 Jun 04, 2021 Jkt 253001 PO 00000 Frm 00022 Fmt 4702 Sfmt 4702 E:\FR\FM\07JNP1.SGM 07JNP1 khammond on DSKJM1Z7X2PROD with PROPOSALS 30238 Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Proposed Rules

the comment includes information As discussed in Section V of this waste numbers.1 The 200 Area ETF claimed to be Confidential Business document, the Washington State consists of a primary and a secondary Information (CBI) or other information Department of Ecology is evaluating the treatment train. The primary train whose disclosure is restricted by statute. Petitioner’s request for this modification includes treatment processes to treat Do not submit information that you under state authority. Information on both organic and inorganic waste consider to be CBI or otherwise Ecology’s action may be found at constituents, including ultraviolet protected through www.regulations.gov https://ecology.wa.gov/Waste-Toxics/ oxidation (UV/OX), reverse osmosis, ion or email. The www.regulations.gov Nuclear-waste/Public-comment-periods. exchange, pH adjustment and filtration. website is an ‘‘anonymous access’’ The secondary treatment train manages SUPPLEMENTARY INFORMATION: The system, which means the EPA will not backwash from the primary treatment information in this section is organized know your identity or contact train filters, ion exchange regeneration, as follows: information unless you provide it in the and the stream from the reverse osmosis body of your comment. If you send an I. Overview Information system that is retained by the reverse email comment directly to the EPA II. Background osmosis membrane, also known as without going through A. Hanford’s 200 Area Effluent Treatment retentate. Construction of the 200 Area Facility www.regulations.gov your email address B. Hanford’s Waste Treatment and ETF began in 1992 with waste will be automatically captured and Immobilization Plant management operations beginning in included as part of the comment that is C. Changes to 200 Area Effluent Treatment November of 1995. placed in the public docket and made Facility Capability Treated effluent from the 200 Area available on the internet. If you submit III. The EPA’s Evaluation of the Proposed ETF is discharged to the State Approved an electronic comment, the EPA Technical Amendments Land Disposal Site, or SALDS, located recommends that you include your A. Addition of Steam Stripping as a New north of the 200 West Area of the name and other contact information in Unit Operation Hanford Site. This disposal unit allows the body of your comment and with any B. Changes to Treatability Envelope tritium remaining in the treated effluent Demonstration Test Requirements physical media you submit. If the EPA C. Miscellaneous Changes and Updates to naturally decay in the subsurface—it cannot read your comment due to IV. When Would the EPA Finalize the is not authorized to accept dangerous technical difficulties and cannot contact Proposed Delisting Modification? waste. To this end, the EPA issued an you for clarification, the EPA may not V. How Will This Action Affect States? exclusion from the list of hazardous be able to consider your comment. VI. Statutory and Executive Order Reviews wastes to Energy in 1995. See 60 FR Electronic files should avoid the use of 6054, February 1, 1995. This exclusion I. Overview Information special characters, any form of was amended by the EPA in 2005. See encryption, and be free of any defects or The EPA is proposing technical 70 FR 44496, August 3, 2005. viruses. amendments to an existing exclusion B. Hanford’s Waste Treatment and Any person may request an informal from the list of federally-listed wastes Immobilization Plant hearing on this proposed decision by set forth in 40 Code of Federal filing a request with Timothy Hamlin, Regulations (CFR) 261.33 previously The Waste Treatment and Director, Land, Chemicals and issued to the United States Department Immobilization Plant (WTP) is intended Redevelopment Division, EPA, Region of Energy (Energy) for the Hanford to process and stabilize much of the 56 10, 1200 6th Ave., Suite 155, M/S 15– Federal Facility, or Hanford Site in million gallons of radioactive and H04, Seattle, Washington 98101. The Richland, Washington. See 40 CFR part chemical waste currently stored at the request must contain the information 261, appendix IX, Table 2. This existing Hanford Site. As originally envisioned, prescribed in 40 Code of Federal exclusion applies to treated effluent the WTP would treat high-level and Regulations CFR 260.20(d). generated by Hanford’s 200 Area low-activity radioactive waste Docket: All documents in the docket Effluent Treatment Facility (ETF). As simultaneously. To begin treating waste are listed in the www.regulations.gov described below, these amendments as soon as practicable, Energy index. Although listed in the index, relate to the planned startup of the developed an approach to treat low- some information may not be publicly Hanford Waste Treatment and activity waste prior to the start-up of the available, e.g., CBI or other information Immobilization Plant. WTP pre-treatment and the high-level waste facilities. This approach is called whose disclosure is restricted by statute. Based on our review described in direct-feed low-activity waste, or Certain other material, such as Section III of this document, we propose DFLAW, and is focused on sending low- copyrighted material, will be publicly to approve the requested amendments. available only in hard copy form. activity waste from the tank farms Publicly available docket materials are II. Background directly to the WTP Low-Activity Waste (LAW) Facility. A new Effluent available electronically through A. Hanford’s 200 Area Effluent Management Facility (EMF) has been www.regulations.gov. Due to restrictions Treatment Facility related to COVID–19, docket materials constructed at the WTP to manage are not available in hard copy form at The 200 Area ETF is a radioactive effluents generated from the WTP LAW this time. If you have further questions aqueous wastewater treatment system Facility during DFLAW. The EMF is concerning docket materials, we located in the 200 East Area of the needed to evaporate the liquid recommend you telephone Dr. David Hanford Site that provides treatment for secondary waste generated by the off-gas Bartus at (206) 553–2804. a variety of aqueous mixed waste. This 1 FOR FURTHER INFORMATION CONTACT: aqueous waste includes process The Washington State Department of Ecology is Dr. authorized to implement their dangerous waste David Bartus, EPA, Region 10, 1200 6th condensate from the 242–A Evaporator, regulations at Washington Administrative Code Avenue, Suite 155, M/S 15–H04, Hanford landfill leachates, and other (WAC) 173–303 in lieu of the federal hazardous Seattle, Washington 98101; telephone aqueous waste generated from onsite waste system, except for certain requirements, such remediation and waste management as the state counterparts to the federal delisting number: (206) 553–2804; fax number regulations at 40 CFR 260.20 and 22. Under the (206) 553–8509; email address: activities, potentially carrying a range of dangerous waste program, dangerous wastes are a [email protected]. listed and characteristic dangerous superset of federal hazardous wastes.

VerDate Sep<11>2014 20:30 Jun 04, 2021 Jkt 253001 PO 00000 Frm 00023 Fmt 4702 Sfmt 4702 E:\FR\FM\07JNP1.SGM 07JNP1 khammond on DSKJM1Z7X2PROD with PROPOSALS Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Proposed Rules 30239

treatment system associated with the mechanism whereby Energy can operate delisting rule. To address this issue, the two WTP LAW Facility vitrification the 200 Area ETF outside of the existing EPA is proposing to include a new melters. Evaporator process condensate treatability envelope to gather condition (1)(c) that establishes a from the EMF, combined with WTP demonstration test data to increase the mechanism that will allow operation LAW Facility caustic scrubber effluents, treatability envelope concentration for outside of the approved treatability will receive treatment at the 200 Area acetonitrile to accommodate the envelope for purposes of gathering ETF, with the resulting treated effluent predicted level in the WTP DFLAW demonstration test data to amend the disposed of at the SALDS. The waste effluent waste stream. treatability envelope at a later time. stream transferred from WTP to the 200 The purpose of this new mechanism Area ETF is referred to as the WTP III. The EPA’s Evaluation of the is to allow the EPA an opportunity to DFLAW effluent waste stream. Proposed Technical Amendments perform a forward-looking technical evaluation of how the 200 Area ETF will C. Changes to 200 Area Effluent A. Addition of Steam Stripping as a New Unit Operation be operated during the demonstration Treatment Facility Capability test in order to support a finding that, Through the design and permitting of In support of its request to modify the to a reasonable degree of certainty, the WTP complex, Energy identified existing 200 Area ETF delisting, Energy delisting exclusion limits can be several additional constituents it has provided the EPA with an satisfied during the demonstration test. expected to be present in WTP DFLAW engineering report documenting the This mechanism requires Energy to effluent waste stream which are not design and expected level of provide the EPA with an engineering typically found in wastes managed by performance of the proposed steam report and a demonstration test plan. the 200 Area ETF, or are present at stripper (docket entries EPA–R10– The engineering report must document levels above the current capabilities of RCRA–2021–0142–DRAFT–0003 and that the 200 Area ETF can be reasonably the 200 Area ETF. Most of these EPA–R10–RCRA–2021–0142–DRAFT– expected to produce treated effluent additional constituents are within the 0005). These reports include both a during the period of interim approval existing treatment capabilities of the 200 detailed process flow diagram for, and which satisfies the delisting levels in Area ETF, and do not require special results of process simulation of the Condition (5).2 The engineering report consideration. One constituent, proposed steam stripper. This shall include, but is not limited to, acetonitrile, which is formed in the information provides assurance that, if engineering calculations, process WTP LAW Facility vitrification melters, the steam stripper is added to the 200 modelling results, or performance data is predicted to be present at levels in Area ETF primary treatment train, the provided by equipment manufacturers. excess of the current capability of the overall treatment system can effectively The demonstration test plan will 200 Area ETF, as reflected in the current treat the expected WTP DFLAW effluent complement the engineering report by organic treatability envelope waste stream and allow for successful documenting the composition of the documented in Table C–2 of the verification of all existing delisting waste feed to be used during the delisting petition dated November 29, criteria, including but not limited to demonstration test, how the 2001. Within the 200 Area ETF, the UV/ acetonitrile. Energy must also receive demonstration test will be conducted, OX system treats organic compounds, authorization to construct and operate how demonstration test sampling and including but not limited to acetonitrile. the proposed supplemental organic analysis will be conducted, and a However, acetonitrile is not easily treatment system from the Washington schedule for conducting the degraded through UV/OX. Table C–2 in State Department of Ecology through demonstration test. the November 29, 2001 petition shows their authorized dangerous waste The EPA will review these submittals an electrical energy per order (EE/O) of permitting program, as well as other to determine whether the demonstration magnitude destruction of 50. EE/O applicable state permits. test will yield data suitable for reflects the relative difficulty for B. Changes to Treatability Envelope establishing an expanded treatability destruction of the organic constituent in Demonstration Test Requirements envelope for the target constituents, and the UV/OX unit. Constituents in Table that delisting exclusion limits will be C–2 with an EE/O of 40 or higher are The existing 200 Area ETF delisting satisfied during the demonstration test. considered hard to treat organics. After rule includes a mechanism, documented Provided that this review demonstrates examining various options for in Condition (1)(b), that allows Energy that these criteria can be met to a addressing this issue, Energy to modify the 200 Area ETF treatability reasonable degree of certainty, the EPA determined that the addition of envelope specified in Tables C–1 and C– will provide written interim approval to supplemental organic treatment in the 2 of the November 29, 2001 delisting Energy to proceed with the form of a steam stripper to the 200–ETF petition to reflect changes in treatment demonstration test according to the to separate acetonitrile from treated technology or operating practices upon approved demonstration test plan. The effluents would be the preferred written approval of the Regional effect of interim approval shall be approach to ensuring additional Administrator. As stated in the rule, limited to relief from the requirement of constituents associated with the WTP ‘‘Data supporting modified envelopes operating within the treatability DFLAW effluent waste stream can be must be based on at least four influent envelope specified in Tables C–1 and C– effectively managed at the 200 Area waste stream characterization data 2 of the November 29, 2001 delisting ETF. points and corresponding treated petition, as amended, during the period To accommodate the addition of the effluent verification sample data points of demonstration testing. Once proposed steam stripper unit to the 200 for wastes managed under a particular demonstration test data are available, Area ETF, two technical amendments waste processing strategy.’’ This Energy will then submit a completion are necessary to the current delisting. mechanism will be used to expand the First, the list of unit operations in existing treatability envelope for 2 In practice, the engineering report expected to Condition (1)(d)(iv) of the current acetonitrile but will require operation of be submitted in connection with a proposed demonstration treatment plan is likely to be similar, delisting must be amended to include the 200 Area ETF outside the existing if not identical to the engineering report included steam stripping. Second, a new approved treatability envelope, which is in the docket supporting this proposed modification condition is necessary to establish a otherwise not provided for in the of the existing 200 Area ETF delisting.

VerDate Sep<11>2014 20:30 Jun 04, 2021 Jkt 253001 PO 00000 Frm 00024 Fmt 4702 Sfmt 4702 E:\FR\FM\07JNP1.SGM 07JNP1 khammond on DSKJM1Z7X2PROD with PROPOSALS 30240 Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Proposed Rules

report. The EPA’s written approval of Therefore, this exclusion does not apply U.S.C. 1531–1538) and does not the completion report shall be in those authorized states. If the significantly or uniquely affect small considered approval of the modified Petitioner manages the waste in any governments. The action imposes no treatability envelope pursuant to state with delisting authorization, the new enforceable duty on any state, Condition (1)(b). Petitioner must obtain delisting local, or tribal governments or the authorization or other determination private sector. C. Miscellaneous Changes and Updates from the receiving state before it can E. Executive Order 13132: Federalism The EPA is also proposing to make manage the waste as nonhazardous in several minor changes to address that state. This proposed action does not have typographical errors, amend section While Washington State has received federalism implications. It will not have numbering to reflect addition of a new final authorization to implement most of substantial direct effects on the states, condition, and to amend selected its dangerous waste program regulations on the relationship between the national references to treatability envelopes in in lieu of the federal program, including government and the states, or on the Tables C–1 and C–2 that may be the listing and identification of listed distribution of power and updated to accommodate WTP DFLAW waste codes associated with the responsibilities among the various effluent waste stream to include the petitioned wastes, it has not been levels of government. phrase ‘‘as amended.’’ The EPA is also authorized to implement its delisting F. Executive Order 13175: Consultation correcting certain references to Tables regulations program in lieu of the and Coordination With Indian Tribal C–1 and C–2 to properly characterize federal program. The EPA notes that Governments their function as defining inorganic and Washington State has provisions in the organic treatability envelope data. Washington Administrative Code This proposed action does not have (WAC) 173–303–910(3) similar to the tribal implications as specified in IV. When would the EPA finalize the Executive Order 13175. This proposed proposed delisting modification? federal provisions upon which this delisting is based. These provisions are action applies only to a particular 40 CFR 260.20(c) requires the EPA to in effect as a matter of state law. Thus, facility on non-tribal land. Thus, provide notice and an opportunity for the Petitioner must seek approval from Executive Order 13175 does not apply comment before granting or denying a Washington State at the state level in to this action. final exclusion. Thus, the EPA will not addition to this proposed delisting. make a final decision or grant an G. Executive Order 13045: Protection of exclusion until it has addressed all VI. Statutory and Executive Order Children From Environmental Health timely public comments on today’s Reviews Risks and Safety Risks proposal, including any at public Additional information about these This proposed action is not subject to hearings. statutes and Executive Orders can be Executive Order 13045 because it is not Since this proposed rule is limited to found at http://www2.epa.gov/laws- economically significant as defined in technical amendments that apply to regulations/laws-and-executive-orders. Executive Order 12866, and because the future activities, and is limited to a EPA does not believe the environmental specific process and waste stream at the A. Executive Order 12866: Regulatory health or safety risks addressed by this Hanford Site, the regulated community Planning and Review and Executive action present a disproportionate risk to does not need a six-month period to Order 13563: Improving Regulation and children. come into compliance in accordance Regulatory Review H. Executive Order 13211: Actions with section 3010(b) of RCRA, as This proposed action is exempt from Concerning Regulations That amended by the Federal Hazardous and review by the Office of Management and Significantly Affect Energy Supply, Solid Waste Amendments of 1984. Budget because it is a proposed rule of Distribution or Use V. How will this Action affect states? particular applicability, not general applicability. The proposed action This proposed action is not subject to Because the EPA is proposing to issue addresses modifications to an existing Executive Order 13211, because it is not this exclusion under the federal RCRA delisting petition under RCRA for the a significant regulatory action under delisting regulations, only states subject petitioned waste at a particular facility. Executive Order 12866. to federal RCRA delisting provisions will be affected. This exclusion may not B. Paperwork Reduction Act I. National Technology Transfer and Advancement Act be effective in states which have This proposed action does not impose received authorization from the EPA to an information collection burden under This proposed action does not involve make their own delisting decisions. the provisions of the Paperwork technical standards as described by the The EPA allows states to impose their Reduction Act of 1995 (44 U.S.C. 3501 National Technology Transfer and own non-RCRA regulatory requirements et seq.) because it only applies to a Advancement Act of 1995 (15 U.S.C. that are more stringent than the EPA’s, particular facility. 272 note). under section 3009 of RCRA. These J. Executive Order 12898: Federal more stringent requirements may C. Regulatory Flexibility Act Actions To Address Environmental include a provision that prohibits a Because this proposed rule is of Justice in Minority Populations and federally issued exclusion from taking particular applicability relating to a Low-Income Populations effect in the state. We urge petitioners particular facility, it is not subject to the to contact their state regulatory regulatory flexibility provision of the The EPA has determined that this authorities to establish the status of Regulatory Flexibility Act (5 U.S.C. 601 proposed action does not have their wastes under their respective state et seq.). disproportionately high and adverse laws. human health or environmental effects The EPA has also authorized some D. Unfunded Mandates Reform Act on minority populations, low-income states to administer a delisting program This proposed action does not contain populations, and/or indigenous peoples. in place of the federal program, that is, any unfunded mandate as described in The EPA has determined that this to make state delisting decisions. the Unfunded Mandates Reform Act (2 proposed action will not have

VerDate Sep<11>2014 16:42 Jun 04, 2021 Jkt 253001 PO 00000 Frm 00025 Fmt 4702 Sfmt 4702 E:\FR\FM\07JNP1.SGM 07JNP1 khammond on DSKJM1Z7X2PROD with PROPOSALS Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Proposed Rules 30241

disproportionately high and adverse PART 261—IDENTIFICATION AND ■ ii. Removing the entry ‘‘[Bis(2- human health or environmental effects LISTING OF HAZARDOUS WASTE Chloroisopropyl) either]—6.0 × 10¥2; on minority or low-income populations and ■ 1. The authority citation for part 261 because it does not affect the level of ■ ii. Removing the entry ‘‘Arochlor protection provided to human health or continues to read as follows: [total of Arochlors 1016, 1221, 1232, the environment. Authority: 42 U.S.C. 6905, 6912(a), 6921, 1242, 1248, 1254, 1260]—5.0 × 10¥4’’ K. Congressional Review Act 6922, 6924(y) and 6938. and adding an entry ‘‘Aroclor [total of This proposed action is exempt from ■ 2. In Appendix IX to Part 261, amend Aroclors 1016, 1221, 1232, 1242, 1248, ¥ the Congressional Review Act (5 U.S.C. Table 2, under the entry ‘‘United States 1254, 1260]—5.0 × 10 4 in its place. Department of Energy (Energy)’’ by: 801 et seq.) because it is a rule of The revisions and additions read as ■ a. Revising Conditions (1)(a)(i) and particular applicability. follows: (ii), and (1)(b); List of Subjects in 40 CFR Part 261 ■ b. Redesignating Conditions (1)(c) and Appendix IX to Part 261—Wastes Environmental protection, Hazardous (d) as Conditions (1)(d) and(e); Excluded Under §§ 260.20 and 260.22 waste, Recycling, and Reporting and ■ c. Adding a new Conditions (1)(c); * * * * * recordkeeping requirements. ■ d. Revising the newly designated Conditions (1)(e)(iv); and Timothy Hamlin, ■ e. In Conditions (5) under the entry for Director, Land, Chemicals and ‘‘Organic Constituents’’ by: Redevelopment Division. ■ i. Removing the entry For the reasons set out in the ‘‘Dichloroisopropyl ether’’ and adding preamble, the EPA proposes to amend an entry ‘‘Dichloroisopropyl ether—6.0 40 CFR part 261 as follows: × 10¥2’’ in its place; and

TABLE 2—WASTES EXCLUDED FROM SPECIFIC SOURCES

Facility Address Waste description

******* United States Department of En- Richland, Washington ...... * * * ergy (Energy)...... Conditions: (1) * * * (a) * * * (i) Complete sufficient characterization of the waste stream to demonstrate that the waste stream is within the treatability envelope of 200 Area ETF as specified in Tables C–1 and C–2 of the delisting petition dated November 29, 2001, as amended. Results of the waste stream characterization and the treatability evaluation must be in writing and placed in the facility operating record, along with a copy of Tables C–1 and C–2 of the November 29, 2001 petition, as amended. Waste stream characterization may be carried out in whole or in part using the waste analysis procedures in the Hanford Facility RCRA Permit, WA7 89000 8967; (ii) Prepare a written waste processing strategy specific to the waste stream, based on the ETF process model documented in the No- vember 29, 2001 petition, the March 31, 2021 modification request, and Tables C–1 and C–2 of the November 29, 2001 petition, as amended. For waste processing strategies applicable to waste streams for which organic envelope data is provided in Table C–2 of the November 29, 2001 petition, as amended, Energy shall use envelope data specific to that waste stream, if available. Otherwise, Energy shall use the minimum envelope in Table C–2. (b) Energy may modify the 200 Area ETF treatability envelope specified in Tables C–1 and C–2 of the November 29, 2001 delisting petition, as amended, to reflect changes in treatment technology or operating practices upon written approval of the Regional Adminis- trator. Requests for modification shall be accompanied by an engineering report detailing the basis for a modified treatment envelope. Data supporting modified envelopes must be based on at least four influent waste stream characterization data points and corresponding treated effluent verification sample data points for wastes managed under a particular waste processing strategy. Treatment efficiencies must be calculated based on a comparison of upper 95 percent confidence level constituent concentrations. Upon written EPA approval of the engineering report, the associated inorganic and organic treatment efficiency data may be used in lieu of those in Tables C–1 and C–2 for purposes of condition (1)(a)(i).

VerDate Sep<11>2014 16:42 Jun 04, 2021 Jkt 253001 PO 00000 Frm 00026 Fmt 4702 Sfmt 4702 E:\FR\FM\07JNP1.SGM 07JNP1 khammond on DSKJM1Z7X2PROD with PROPOSALS 30242 Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Proposed Rules

TABLE 2—WASTES EXCLUDED FROM SPECIFIC SOURCES—Continued

Facility Address Waste description

(c) Where operation of the 200 Area ETF for purposes of gathering data supporting a modified treatability envelope pursuant to Condi- tion (1)(b) requires operation outside of an existing treatability envelope or where a new treatability envelope is to be proposed, Energy may request interim approval to conduct such demonstration testing for purposes of developing a new or modified treatability envelope. Such a request must include the following documentation: (i) An Engineering Report documenting the basis for a modified treatability envelope. The Engineering Report shall, based on best available information, document that operation of the 200 Area ETF during the period of interim approval can be reasonably expected to produce treated effluent satisfying the delisting levels in Condition (5). The Engineering Report shall include, but is not limited to, engineering calculations, process modelling results, or performance data provided by equipment manufacturers; (ii) A demonstration test plan documenting the following: (A) The quantity and characterization of the waste stream to be used in conducting demonstration testing, and information that will be included in the waste processing strategy required by Condition (1)(a)(ii) for the demonstration testing. The test plan shall document, to a reasonable degree of certainty, that data gathered from the demonstration testing will be suitable for use in modifying the treatability envelope pursuant to Condition (1)(b). The test plan may include provisions for ‘‘spiking’’ the demonstration test waste feed to ensure that a waste feed meeting the requirements of the test plan is available; (B) A sampling and analysis plan with supporting systematic planning documentation (e.g., Data Quality Objectives) and with an associated Quality Assurance Project Plan, for all sampling and analysis specific to the demonstration testing. A minimum of four independent sample sets over the course of the demonstration test are required from both the influent to the 200 Area ETF and the effluent to the verification tanks; (C) A schedule for conducting the demonstration testing. The demonstration testing schedule may be based on functional criteria in addition to or in lieu of fixed calendar dates. The testing schedule may contain contingencies for revising the test plan should additional testing be required to obtain the required performance data points. Energy may not commence demonstration testing until written interim approval is obtained from the Regional Administrator. The effect of interim approval shall be limited to relief from the requirement of operating within the treatability envelope specified in Tables C–1 and C–2 of the November 29, 2001 delisting petition, as amended, during the period of demonstration testing. Interim approval shall remain in effect only for the duration of the demonstration testing as documented in the required testing schedule. Within 60 days following completion of demonstration testing, or such other time as may be approved in writing by the EPA, Energy shall submit a written completion report documenting analysis of data gathered during the demonstration test. Energy may request an extension of interim approval for the period of time between completion of the demonstration testing and final approval of the modified treatability envelope. The EPA may approve amendments to the demonstration test plan, including the associated schedule, as necessary to successfully complete demonstration testing. The EPA’s written approval of the completion report shall be considered approval of the modified treatability envelope pursuant to Condition (1)(b).

******* (e) * * * (iv) Key unit operations are defined as filtration, UV/OX, reverse osmosis, ion exchange, steam stripping, and secondary waste treatment.

******* (5) * * * Dichloroisopropyl ether—6.0 × 10¥2

VerDate Sep<11>2014 16:42 Jun 04, 2021 Jkt 253001 PO 00000 Frm 00027 Fmt 4702 Sfmt 4702 E:\FR\FM\07JNP1.SGM 07JNP1 khammond on DSKJM1Z7X2PROD with PROPOSALS Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Proposed Rules 30243

TABLE 2—WASTES EXCLUDED FROM SPECIFIC SOURCES—Continued

Facility Address Waste description

******* Aroclor [total of Aroclors 1016, 1221, 1232, 1242, 1248, 1254, 1260]—5.0 × 10¥4

*******

* * * * * On February 5, 2020, after considering going through the otherwise-applicable [FR Doc. 2021–11341 Filed 6–4–21; 8:45 am] the petition and reply, the Board full licensing process.1 BILLING CODE 6560–50–P granted AAR’s petition to initiate a In 2003, the Board adopted a class rulemaking proceeding to establish a exemption at 49 CFR 1180.2(d)(8) for new emergency temporary trackage temporary overhead trackage rights of SURFACE TRANSPORTATION BOARD rights class exemption. The rule not more than one year in duration. See proposed here, which is set forth below, R.R. Consolidation Procs.—Exemption 49 CFR Part 1180 differs in some respects from AAR’s for Temp. Trackage Rts., EP 282 (Sub- No. 20) (STB served May 23, 2003), [Docket No. EP 282 (Sub-No. 21)] request, as explained below. The Board also proposes certain other related modified (STB served May 17, 2004). Petition for Rulemaking—Railroad changes to the class exemptions for Under 49 CFR 1180.4(g)(1), exemptions Consolidation Procedures—Exemption trackage rights and temporary trackage sought under § 1180.2(d)(8) (and various other class exemptions under for Emergency Temporary Trackage rights, also explained below. Rights § 1180.2(d)) cannot become effective Background until at least 30 days after a railroad AGENCY: Surface Transportation Board. files a verified notice of the transaction. ACTION: Notice of proposed rulemaking. Pursuant to 49 U.S.C. 11323(a)(6), As a result, when a railroad seeks to prior Board approval is required for a have a temporary trackage rights SUMMARY: The Surface Transportation rail carrier to acquire trackage rights exemption become effective in less than Board (Board) grants a petition filed by over a rail line owned or operated by 30 days, the railroad must petition for the Association of American Railroads another rail carrier. Under 49 U.S.C. waiver of the 30-day period. In such (AAR) to initiate a rulemaking 11324(d), the Board is required to cases, in addition to serving and proceeding to establish a new class approve trackage rights applications publishing the notice of the exemption exemption for emergency temporary unless it finds that: (1) As a result of a in the Federal Register, the Board also trackage rights. The Board also proposes transaction, there is likely to be issues a separate decision acting on the certain other related changes to the class substantial lessening of competition, waiver request and setting the effective exemptions for trackage rights and creation of a monopoly, or restraint of date of the exemption. See, e.g., Union temporary trackage rights. trade in freight surface transportation in Pac. R.R.—Temp. Trackage Rts. DATES: Comments are due by July 12, any region of the United States; and (2) Exemption—BNSF Ry., FD 36424 et al. 2021. Reply comments are due by the anticompetitive effects of the (STB served Aug. 10, 2020) (granting a August 11, 2021. transaction outweigh the public interest waiver of the 30-day notice period for a ADDRESSES: Comments and replies may in meeting significant transportation trackage rights exemption under be filed with the Board via e-filing and needs. § 1180.2(d)(8) and setting effective date); Ala. & Gulf Coast Ry.—Temp. Trackage will be posted to the Board’s website at Under 49 U.S.C. 10502, the Board is www.stb.gov. Rts. Exemption—Kan. City S. Ry., FD directed, to the maximum extent 36418 (STB served July 2, 2020) (same). FOR FURTHER INFORMATION CONTACT: consistent with 49 U.S.C. subtitle IV AAR’s Requested Exemption. AAR Nathaniel Bawcombe at (202) 245–0376. part A, to exempt a person, class of asks the Board to initiate a rulemaking Assistance for the hearing impaired is persons, or a transaction or service from to create a new emergency temporary available through the Federal Relay regulation whenever it finds that: (1) trackage rights class exemption. Under Service at (800) 877–8339. Regulation is not necessary to carry out AAR’s request, the 30-day notice SUPPLEMENTARY INFORMATION: On the rail transportation policy (RTP) of 49 requirement under 49 CFR 1180.4(g)(1) October 9, 2020, AAR filed a petition U.S.C. 10101; and (2) either the would not apply to individual requesting that the Board initiate a transaction or service is of limited scope exemptions sought under the new rulemaking proceeding to establish a or regulation is not needed to protect exemption provision; the temporary new emergency temporary trackage shippers from an abuse of market trackage rights would take effect rights class exemption that could be power. immediately upon publication of a invoked in specific situations and The Board may exempt not only a notice of the transaction by the Board in would allow emergency temporary the Federal Register, which, according trackage rights to take effect single transaction but also an entire class of transactions that meets the to AAR, would take place within 5 days immediately, without need for the 30- of a party’s filing of a verified notice of day notice requirement under 49 CFR exemption criteria of 49 U.S.C. 10502. A class exemption for transactions exemption. (Pet., App. A at 1180.4(g)(1). On November 4, 2020, §§ 1180.2(d)(9), 1180.4(g)(5)(ii).) As otherwise subject to Board licensing Samuel J. Nasca, for and on behalf of requested by AAR, the temporary does not place those transactions SMART-Transportation Division-New trackage rights could be requested for a York State Legislative Board (SMART/ beyond the Board’s jurisdiction; rather, it is a means by which a carrier may TD–NY), filed a reply in opposition to 1 Exemptions may be revoked, in whole or in part, AAR’s petition. obtain Board authorization without pursuant to 49 U.S.C. 10502(d).

VerDate Sep<11>2014 16:42 Jun 04, 2021 Jkt 253001 PO 00000 Frm 00028 Fmt 4702 Sfmt 4702 E:\FR\FM\07JNP1.SGM 07JNP1 khammond on DSKJM1Z7X2PROD with PROPOSALS 30244 Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Proposed Rules

period of no more than six months; a rulemaking proceeding because an would apply. Indeed, the proposed however, the requestor could, prior to emergency temporary trackage rights exemption is a more limited form—in expiration of that period, seek a renewal exemption is unwarranted given the terms of both duration and for up to six additional months. (Id. at existing trackage rights exemptions and circumstances—of the existing App. A at § 1180.2(d)(9).) because the proposed exemption would temporary trackage rights exemption, Under AAR’s request, to qualify for threaten rail safety. (SMART/TD–NY which the Board in 2003 found to be of the new exemption, a rail carrier would Reply 3–4.) SMART/TD–NY states that limited scope. See R.R. Consolidation be required to provide certain detour arrangements in the railroad Procs.—Exemption for Temp. Trackage information regarding the transaction industry provide for pilot employees Rts., 6 S.T.B. 910, 913 n.8 (2003). that is required for other notices of from the landlord carrier to provide Regulation is not needed to protect exemption under 49 CFR part 1180 and guidance for the tenant carrier’s shippers from an abuse of market the trackage rights would have to be: (1) operation in emergency situations. (Id. power. The proposed class exemption Based on written agreements; (2) not at 4.) According to SMART/TD–NY, the would not reduce competition because filed or sought in responsive proposed exemption would allow for the temporary trackage rights would be applications in rail consolidation the ‘‘immediate cessation of detour for overhead operations only, and proceedings; (3) for overhead operations operation[s]’’ or even the avoidance of therefore the competitive status quo only; and (4) as certified by the rail detour operations altogether and thereby would not be altered with respect to carrier, sought in response to a track allow operation solely by tenant carrier service to shippers on the affected lines. outage expected to last more than seven personnel unfamiliar with the line over In addition, the exemption would days and where there is no reasonable which the trackage rights have been benefit shippers by enhancing the alternative for maintaining pre-outage granted. (Id.) ability of carriers to maintain service in service levels. (See id., App. A at emergency situations. The Statutory Exemption Criteria §§ 1180.2(d)(9), 1180.4(g)(5)(i).) Every SMART/TD–NY’s arguments in 30 days during the initial exemption As noted above, 49 U.S.C. 10502 opposition to the proceeding here are period, the rail carrier would be directs the Board to exempt a person, unpersuasive. The proposed class required to recertify to the Board that class of persons, or a transaction or exemption is warranted because it the outage continues to exist and the service from regulation whenever it would make the process of obtaining temporary trackage rights continue to be finds that: (1) Regulation is not temporary trackage rights in an necessary to maintain service. (Id., App. necessary to carry out the RTP; and (2) emergency more efficient and A at § 1180.2(d)(9).) AAR further either the transaction or service is of predictable. Moreover, based on the requests that, as under the existing class limited scope or regulation is not record to date, the Board does not see exemption for temporary trackage rights, needed to protect shippers from an merit in SMART/TD–NY’s claim that rail carriers availing themselves of the abuse of market power. the proposed class exemption would proposed class exemption would not The Board agrees that the current threaten rail safety. This proposal would need to file for discontinuance authority process for obtaining temporary trackage not alter or impact the existing rail at the end of the authorized period, (Id., rights in emergency situations can be safety operating regulations App. A at § 1180.2(d)(9)), and would be inefficient, and notes that petitions for administered by the Federal Railroad subject to applicable statutory labor waiver of the 30-day notice requirement Administration, which is the Federal protective conditions.2 are routinely granted. See, e.g., Union agency with primary responsibility over AAR argues that the current two-step Pac. R.R., FD 36424 et al., slip op. at 2 rail safety matters. See, e.g., 49 CFR approach for obtaining temporary (granting a waiver of the 30-day notice 240.229 (prohibiting a carrier in control trackage rights without having to wait period); Ala. & Gulf Coast Ry., FD of operations on a line from allowing an 30 days for them to become effective is 36418, slip op. at 2 (same). A class engineer of a foreign carrier to operate inefficient, and asserts that its proposed exemption for emergency temporary a train on that line without a pilot class exemption would benefit shippers, trackage rights, as proposed below, engineer from the controlling carrier railroads, and the Board by providing a would meet the requirements of section unless the engineer of the foreign carrier streamlined and simple approach for 10502 and would advance the RTP in has the necessary knowledge of the obtaining temporary trackage rights in several ways. It would provide for the controlling carrier’s operating rules and expeditious handling and resolution of emergency situations, ensuring the the necessary familiarity with the proceedings, 49 U.S.C. 10101(15), and continued flow of commerce without physical characteristics of the line). encourage the efficient management of any decrease in regulatory oversight. railroads, 49 U.S.C. 10101(9), by making The Proposed Class Exemption (Pet. 1–4.) As noted above, on November 4, 2020, the process of obtaining temporary For the reasons discussed above, and SMART/TD–NY filed comments trackage rights in emergencies more as set forth below, the Board proposes opposing AAR’s petition. SMART/TD– efficient by eliminating the need for a to establish a new class exemption for NY argues that the Board should deny waiver of the 30-day notice period emergency temporary trackage rights. As AAR’s petition and decline to institute under 49 CFR 1180.4(g)(1) and more explained further below, the Board’s predictable by requiring the Board to act proposed rule differs in various respects 2 Specifically, the grant of the trackage rights within a set number of days. It would from AAR’s request and includes certain would be subject to the employee protective also promote the continuation of a related changes to the existing class conditions in Norfolk & Western Railway— sound rail system, 49 U.S.C. 10101(4), exemptions for trackage rights and Trackage Rights—Burlington Northern, 354 I.C.C. and coordination between carriers, 49 temporary trackage rights. 605 (1978), as modified by Mendocino Coast Railway—Lease & Operate—California Western U.S.C. 10101(5), by facilitating the Circumstances in which the proposed Railroad, 360 I.C.C. 653 (1980), and the process of line repair and approval of rule would apply. AAR’s requested new discontinuance of operations would be subject to trackage rights agreements. class exemption would apply where the employee protective conditions in Oregon Short The class exemption proposed in this there is a track outage that is expected Line Railroad—Abandonment Portion Goshen Branch Between Firth & Ammon, in Bingham & decision is limited in scope, in terms of to last more than seven days and there Bonneville Counties, Idaho, 360 I.C.C. 91 (1979). both the duration of the rights and the is no reasonable alternative to maintain (Pet. 4–5.) circumstances in which the exemption pre-outage levels of service. (Pet., App.

VerDate Sep<11>2014 16:42 Jun 04, 2021 Jkt 253001 PO 00000 Frm 00029 Fmt 4702 Sfmt 4702 E:\FR\FM\07JNP1.SGM 07JNP1 khammond on DSKJM1Z7X2PROD with PROPOSALS Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Proposed Rules 30245

A at § 1180.2(d)(9).) The Board finds Certification every 30 days. AAR’s under the new § 1180.2(d)(9) would that further clarification is needed to request would require a rail carrier to include in its verified notice a caption ensure that use of the class exemption certify every 30 days that the track summary suitable for publication in the would be restricted so that it applies outage continues to exist and that the Federal Register containing certain only to emergency situations and not to temporary trackage rights continue to be information regarding the proposed situations where routine temporary necessary to maintain service. However, transaction.5 This requirement mirrors trackage rights authority was not sought the Board’s proposal would not require the requirement of a caption summary in a timely manner. Specifically, the such certifications. Rather, the Board for exemptions sought under Board proposes to require that the new would only require that the carrier file § 1180.2(d)(7) and (d)(8). Originally, the exemption be available only for a notice stating that the outage has been purpose of this requirement was to ‘‘unforeseen’’ track outages expected to resolved and that trackage rights are no facilitate Federal Register publication last more than seven days and there is longer needed, as well as the date on by providing the Board with a document no reasonable alternative to maintain which use of the trackage rights ceased, that could be published as the Board’s pre-outage levels of service. Examples of should the track outage be resolved and notice.6 However, in practice, caption emergency situations that result in such use of the trackage rights become summaries have not routinely been used unforeseen track outages include, but unnecessary prior to the expiration of for that purpose. Accordingly, the Board are not limited to, natural disasters and the exemption period. Any such notice proposes not to require a caption accidents or derailments. This should be filed within 5 business days summary for exemptions under clarification appears consistent with of the date on which use of the trackage § 1180.2(d)(9) and to eliminate the AAR’s intent. (Pet. 1–3, 9 (describing rights ceased. The Board finds that the existing caption summary requirements the need for the exemption in cases of reduction of the exemption period from for exemptions under § 1180.2(d)(7) and ‘‘unpredictable’’ or ‘‘unexpected’’ events six months to three months, combined § 1180.2(d)(8). Pursuant to the Board’s such as accidents or natural disasters).) with the requirement for parties to proposal, the caption summary The Board also proposes a requirement inform the Board if use of trackage requirements would be replaced by a that, when railroads certify that trackage rights has ceased prior to when the requirement that the parties provide in rights are needed for an unforeseen exemption period would have otherwise their notices the same information track outage, the verified notice should expired renders the 30-day certifications currently required in caption provide a description of the situation affirming the continued need for the summaries. that includes, to the extent possible, the trackage rights unnecessary. Certification regarding interchange following information: Effective date of the exemption. AAR commitments. Under § 1180.4(g)(4), 1. The nature of the event that caused requests that exemptions under the new parties seeking Board approval for the unforeseen outage; provision become effective immediately transactions under 49 CFR part 1180 2. The location of the outage; upon publication of the Board’s notice must certify ‘‘whether or not a proposed 3. The date that the emergency in the Federal Register, which would be acquisition or operation of a rail line situation occurred; required within five days after a verified involves a provision or agreement that 4. The date the track outage was notice of exemption is filed. However, may limit future interchange with a discovered; and due to requirements of the Federal third-party connecting carrier, whether 5. The expected duration of the Register publication process that are by outright prohibition, per-car penalty, outage. outside the Board’s control, publication adjustment in the purchase price or Duration of the exemption. AAR within five days may not be possible in rental, positive economic inducement, requests that the temporary trackage certain situations. For that reason, the or other means.’’ On its face, this rights would be approved for an initial Board proposes that the exemption provision could be read to require such period of no longer than six months, would become effective not upon a certification in connection with the with the option to request a renewal for publication in the Federal Register but emergency temporary trackage rights an additional six months. The Board’s rather upon service of the Board’s exemption proposed here.7 proposal limits the emergency notice, which would occur within five The Board adopted the interchange days of filing of the railroad’s verified commitment certification requirement temporary trackage rights to an initial 4 period not to exceed three months, with notice of exemption. The Board’s in Information Required in Notices & the option to request a renewal for an notice would be published in the Federal Register concurrently with 5 additional three months. A review of AAR requests to include the caption summary service if possible, or as soon thereafter and other requirements under new § 1180.4(g)(5). recent cases in which the Board waived as practicable. Many of the requirements in new proposed the 30-day notice requirement for Caption summary. Under AAR’s § 1180.4(g)(5) are duplicative of requirements temporary trackage rights in emergency already contained in § 1180.4(g)(1), which is request, parties seeking an exemption situations suggests that trackage rights applicable to all exemptions under § 1180.2(d), including the new proposed § 1180.2(d)(9). Rather would rarely be needed for a period (providing notice of exemption for trackage rights than proposing a new § 1180.4(g)(5), as suggested by 3 longer than three months. agreement with a term of less than three months); AAR, the Board proposes to incorporate the Terminal Railway Alabama State Docks Verified requirements of this § into the existing 3 See, e.g., Union Pac. R.R., FD 36424, slip op. at Notice of Exemption at 2, Apr. 27, 2018, Terminal § 1180.4(g)(1) to the extent they are not already 2 (granting waiver of 30-day notice period for Ry. Ala. State Docks—Temp. Trackage Rts. contained therein. trackage rights agreement with a term of a little over Exemption—Norfolk S. Ry., FD 36190 (seeking 6 The caption summary regulations originally one month); Ala. & Gulf Coast Ry, FD 36418, slip exemption for trackage rights agreement with a term indicated that caption summaries themselves would op. at 1 n.3 (granting waiver of 30-day notice period of six months but stating that trackage rights likely be published in the Federal Register. R.R. for trackage rights agreement with a term of just less only needed for approximately one month). Consolidation Procs.—Exemption for Temp. than two months); Norfolk Southern Railway 4 Under § 1180.4(g), stay petitions for notices filed Trackage Rts., EP 282 (Sub-No. 20), slip op. at 9 Company Petition for Waiver 3, Norfolk S. Ry.— under § 1180.2(d) must be filed at least 7 days (STB served May 23, 2003); R.R. Consolidation Temp. Trackage Rts. Exemption—Kan. City S. Ry., before the exemption becomes effective. The Board Procs.—Trackage Rts. Exemption, 1 I.C.C. 270, 283 FD 36359 (railroad anticipates that need for proposes to specify that, for notices filed under (1985). See also 49 CFR 1180.4(g)(2)(i) and (ii) trackage rights operations would last for several § 1180.2(d)(9), stay petitions be filed as soon as (requiring caption summaries to be ‘‘suitable for weeks or months); Kan. City S. Ry.—Temp. possible before the exemption becomes effective. publication in the Federal Register’’). Trackage Rts. Exemption—Norfolk S. Ry., FD 36314 Under 49 U.S.C. 10502(d), petitions to revoke the 7 AAR’s request does not address the issue of et al., slip op. at 1–2 (STB served June 13, 2019) exemption can be filed at any time. certification of interchange commitments.

VerDate Sep<11>2014 16:42 Jun 04, 2021 Jkt 253001 PO 00000 Frm 00030 Fmt 4702 Sfmt 4702 E:\FR\FM\07JNP1.SGM 07JNP1 khammond on DSKJM1Z7X2PROD with PROPOSALS 30246 Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Proposed Rules

Petitions Containing Interchange number of small entities. In drafting a would have otherwise expired. Commitments, EP 714 (STB served Sept. rule, an agency is required to: (1) Assess However, because such notices would 5, 2013). In the notice of proposed the effect that its regulation will have on consist of a brief statement that use of rulemaking (NPRM) in that proceeding, small entities; (2) analyze effective the trackage rights has ceased and the the Board did not specifically address alternatives that may minimize a date on which use of the trackage rights the applicability of the interchange regulation’s impact; and (3) make the ceased, the Board does not believe that certification to trackage rights analysis available for public comment. the burden associated with these notices transactions, though it did cite one Sections 601–604. In its notice of would outweigh the reduction in previous trackage rights exemption proposed rulemaking, the agency must burden associated with eliminating the proceeding. Info. Required in Notices & either include an initial regulatory requirement to file a petition for waiver Pets. Containing Interchange flexibility analysis, section 603(a), or of the 30-day notice period under Commitments, EP 714, slip op. at 4–5, certify that the proposed rule would not § 1180.4(g)(1). The Board, therefore, nn.17, 18, 20 (STB served Nov. 1, 2012) have a ‘‘significant impact on a expects the impact of the proposed rule (citing Jackson & Lansing R.R.— substantial number of small entities,’’ would slightly reduce the paperwork Trackage Rts. Exemption—Norfolk S. section 605(b). Because the goal of the burden for small entities. Accordingly, Ry., FD 35418 et al. (STB served Sept. RFA is to reduce the cost to small the economic impact of the proposed 27, 2011)).8 entities of complying with federal rule, if any, would be minimal as the Nor did the final rule in Docket No. regulations, the RFA requires an agency burdens associated with obtaining EP 714 specifically address the to perform a regulatory flexibility approval of temporary trackage rights applicability of the interchange analysis of small entity impacts only agreements in emergencies would be commitment certification to railroads when a rule directly regulates those slightly reduced and the rule would obtaining trackage rights. The NPRM entities. In other words, the impact must likely provide some economic benefit by refers only to the interchange be a direct impact on small entities expediting, in some cases, the process of commitment certification requirement ‘‘whose conduct is circumscribed or approving trackage rights agreements applying to a ‘‘purchaser’’ or ‘‘lessee’’ mandated’’ by the proposed rule. White necessary to restore service at pre- railroad. Info. Required in Notices & Eagle Coop. v. Conner, 553 F.3d 467, outage levels. Therefore, the Board Pets. Containing Interchange 480 (7th Cir. 2009). certifies under 5 U.S.C. 605(b) that these Commitments, EP 714, slip op. at 4–6 The Board’s proposed changes to its proposed rules, if promulgated, would (STB served Nov 1, 2012). Further, the regulations here are intended to make not have a significant economic impact Board has generally interpreted this the process of obtaining Board approval on a substantial number of small entities requirement as not applying to trackage of temporary trackage agreements in within the meaning of the RFA. This rights agreements under § 1180.2(d)(7) 9 emergency situations more efficient and decision will be served upon the Chief or § 1180.2(d)(8).10 predictable and do not mandate the Counsel for Advocacy, Offices of Therefore, the Board proposes to conduct of small entities. For the Advocacy, U.S. Small Business clarify that § 1180.4(g)(4) would not purpose of RFA analysis for rail carriers Administration, Washington, DC 20416. apply to transactions under the subject to the Board’s jurisdiction, the Paperwork Reduction Act. Pursuant to proposed new § 1180.2(d)(9). In Board defines a ‘‘small business’’ as the Paperwork Reduction Act (PRA), 44 addition, the Board proposes to clarify only including those rail carriers U.S.C. 3501–3521, Office of that § 1180.4(g)(4) also does not apply to classified as Class III rail carriers under Management and Budget (OMB) trackage rights transactions under 49 CFR 1201.1–1. See Small Entity Size regulations at 5 CFR 1320.8(d)(3), and in § 1180.2(d)(7) or § 1180.2(d)(8), an issue Standards Under the Regul. Flexibility the Appendix, the Board seeks that has been the cause of some Act, EP 719 (STB served June 30, 2016) comments about the impact of the confusion among parties in the past. (with Board Member Begeman revisions in the proposed rule to the Regulatory Flexibility Act. The dissenting).11 Currently, if small entities currently approved collection of Regulatory Flexibility Act of 1980 wish to receive temporary trackage Statutory Licensing Authority (OMB (RFA), 5 U.S.C. 601–612, generally rights in emergency situations, they Control Number: 2140–0023), requires a description and analysis of must file for a notice of exemption in concerning: (1) Whether the collection new rules that would have a significant addition to filing a petition for waiver. of information, as modified or added in economic impact on a substantial The proposed rule, if promulgated, the proposed rule, and further described provides a more expedited procedural below, is necessary for the proper 8 The Jackson & Lansing decision, which mechanism for carriers to quickly obtain performance of the functions of the embraced three separate proceedings, addressed approval for trackage rights in Board, including whether the collection issues related to an interchange commitment disclosed as part of a lease transaction, not the emergency situations without having to has practical utility; (2) the accuracy of trackage rights transaction. Further, that decision in obtain a waiver of the 30-day notice the Board’s burden estimates; (3) ways several instances referred to interchange period under § 1180.4(g)(1). The to enhance the quality, utility, and commitments being part of lease and sale regulations require the carrier utilizing clarity of the information collected; and transactions. Jackson & Lansing, FD 35418 et al., the trackage rights to file a notice if the (4) ways to minimize the burden of the slip op. at 6, 7 n.23, 8. 9 See, e.g., Grand Trunk W. R.R.—Trackage Rts. carrier ceases to use the trackage rights collection of information on the Exemption—Norfolk S. Ry., FD 36267 (STB served prior to when the exemption period respondents, including the use of May 16, 2019); Ind. Rail Road—Trackage Rts. automated collection techniques or Exemption—CSX Transp., Inc., FD 36068 (STB 11 Class III carriers have annual operating other forms of information technology, served Oct. 14, 2016); Ind. Rail Road—Amended revenues of $20 million or less in 1991 dollars or Trackage Rts. Exemption—CSX Transp., Inc., FD when appropriate. $40,384,263 or less when adjusted for inflation The Board estimates that the proposed 35283 (Sub-No. 1) (STB served Apr. 28, 2017). using 2019 data. Class II rail carriers have annual 10 See, e.g., Ala. & Gulf Coast Ry.—Temp. operating revenues of less than $250 million or requirements would save a total hourly Trackage Rts. Exemption—Kan. Cty. S. Ry., FD $504,803,294 when adjusted for inflation using burden of 54 hours per year as 36418; Union Pac. R.R.—Temp. Trackage Rts. 2019 data. The Board calculates the revenue compared to the current procedures for Exemption—Kan. Cty. S. Ry., FD 36135 (STB served deflator factor annually and publishes the railroad obtaining emergency temporary trackage July 26, 2017); Allegheny Valley R.R.—Temp. revenue thresholds on its website. 49 CFR 1201.1– Trackage Rts. Exemption—Norfolk S. Ry., FD 36015 1; Indexing the Annual Operating Revenues of rights involving the filing of verified (STB served May 6, 2016). R.Rs., EP 748 (STB served June 10, 2020). notice of exemption and a petition for

VerDate Sep<11>2014 16:42 Jun 04, 2021 Jkt 253001 PO 00000 Frm 00031 Fmt 4702 Sfmt 4702 E:\FR\FM\07JNP1.SGM 07JNP1 khammond on DSKJM1Z7X2PROD with PROPOSALS Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Proposed Rules 30247

waiver of the 30-day notice period. The ■ b. In paragraph (d)(8)(iv), remove the ■ d. Revise newly redesignated (g)(2); new emergency temporary trackage words ‘‘49 CFR 1180.4(g)(2)(iii)’’ and and rights notice would incorporate add in their place the words ‘‘49 CFR ■ e. Amend newly redesignated (g)(3) by additional language, resulting in 1180.4(g)(1)(ii)’’, and remove the words ■ i. Removing the paragraph heading approximately 5% more burden hours ‘‘these rules’’ and add in their place the ‘‘Transactions imposing interchange to prepare than the average notice of words ‘‘this paragraph (d)(8)’’; commitments’’; exemption, and it is estimated that two ■ c. Add paragraph (d)(9). ■ ii. Revising the first sentence of notices regarding the cessation of paragraph (g)(3)(i). trackage rights would be filed annually. § 1180.2 Types of transactions. The revisions read as follows: * * * * * There are no changes to the estimated § 1180.4 Procedures. non-hourly burdens associated with this (d) A transaction is exempt if it is collection. The Board welcomes within one of the nine categories * * * * * comment on the estimates of actual time described in paragraphs (d)(1) through (g) Notice of exemption. (1) To qualify and costs of the collection of the (9). * * * for an exemption under § 1180.2(d), a railroad must file a verified notice of the proposed emergency trackage rights * * * * * transaction with the Board. Except for notices of exemptions, as detailed below (9)(i) Acquisition of emergency verified notices filed under in the Appendix. Other information temporary trackage rights by a rail § 1180.2(d)(9), all verified notices under pertinent to this collection is also carrier over lines owned or operated by § 1180.2(d) must be filed at least 30 days included in the Appendix. The any other rail carrier or carriers that are: before the transaction is consummated, proposed rule will be submitted to OMB (A) Based on written agreements, indicating the proposed consummation for review as required under 44 U.S.C. (B) Not filed or sought in responsive date. Verified notices filed under 3507(d) and 5 CFR 1320.11. Comments applications in rail consolidation § 1180.2(d)(9) will become effective received by the Board regarding these proceedings, information collections will also be upon service of notice of the transaction (C) For overhead operations only, by the Board. Before a verified notice is forwarded to OMB for its review when (D) Scheduled to expire on a specific the final rule is published. filed, the railroad shall obtain a docket date not to exceed three months from number from the Board’s Section of List of Subjects in 49 CFR Part 1180 the effective date of the exemption, and Administration, Office of Proceedings. (E) Sought in response to an Administrative practice and (i) All notices filed under § 1180.2(d) unforeseen track outage and expected to shall contain the information required procedure, Railroads, Reporting and last more than seven days where there recordkeeping requirements. in § 1180.6(a)(1)(i)–(iii), (a)(5)–(6), and is no reasonable alternative to maintain (a)(7)(ii), and indicate the level of labor It is ordered: pre-outage levels of service. protection to be imposed. 1. Comments are due by July 12, 2021. (ii) If during the exemption period, (ii) Notices filed under Reply comments are due by August 11, the outage is resolved and use of the §§ 1180.2(d)(7), 1180.2(d)(8), or 2021. temporary emergency trackage rights 1180.2(d)(9) shall also contain the 2. Notice of this decision will be ceases to be necessary to maintain following information: published in the Federal Register. service at pre-outage levels, the rail (A) The name of the tenant railroad; 3. A copy of this decision will be carrier must file a notice stating that the (B) The name of the landlord railroad; served upon the Chief Counsel for outage has been resolved and that use of (C) A description of the trackage Advocacy, Office of Advocacy, U.S. the trackage rights has ceased and rights, including a description of the Small Business Administration. identifying the date on which use of the track. For notices under § 1180.2(d)(8) 4. This decision is effective on its trackage rights ceased. Such a notice and (9), the notice must state that the service date. should be filed within 5 business days trackage rights are overhead rights. For Decided: May 28, 2021. of the date on which use of the trackage notices under § 1180.2(d)(7), the notice By the Board, Board Members Begeman, rights ceased. The emergency temporary must state whether the trackage rights Fuchs, Oberman, Primus, and Schultz. trackage rights authority expires upon are local or overhead; Jeffrey Herzig, the official filing date of the notice. If (D) The date the trackage rights the operations contemplated by the Clearance Clerk. transaction is proposed to be exemption will not be concluded within consummated; For the reasons set forth in the the initial exemption period, the rail (E) The date temporary trackage rights preamble, the Surface Transportation carrier may, prior to expiration of the will expire, if applicable; and Board proposes to amend part 1180 of period, file a request for a renewal of the (F) For notices under § 1180.2(d)(9), a title 49, chapter X, of the Code of temporary rights for an additional description of the situation resulting in Federal Regulations as follows: period of up to 3 months, including the the outage in sufficient detail to allow reason(s) therefor. Rail carriers the Board to determine an emergency PART 1180—RAILROAD ACQUISITION, acquiring temporary trackage rights exits, including, to the extent possible, CONTROL, MERGER, need not seek authority from the Board the nature of the event that caused the CONSOLIDATION PROJECT, to discontinue the trackage rights as of unforeseen outage, the location of the TRACKAGE RIGHTS, AND LEASE the expiration date specified under outage, the date that the emergency PROCEDURES § 1180.4(g)(1)(ii). All transactions under situation occurred, the date the outage ■ 1. The authority citation for part 1180 this paragraph (d)(9) will be subject to was discovered, and the expected continues to read as follows: applicable statutory labor protective duration of the outage. conditions. (iii) Except for notices filed under Authority: 5 U.S.C. 553 and 559; 11 U.S.C. ■ 3. Amend § 1180.4 as follows: § 1180.2(d)(9), the Board shall publish a 1172; 49 U.S.C. 1321, 10502, 11323–11325. ■ a. Revise paragraph (g)(1); notice of exemption in the Federal ■ 2. Amend § 1180.2 as follows: ■ b. Remove paragraph (g)(2); Register within 16 days of the filing of ■ a. Revise the first sentence of ■ c. Redesignate paragraphs (g)(3) and the notice. For notices filed under paragraph (d) introductory text; (4) as paragraphs (g)(2) and (3); § 1180.2(d)(9), the Board shall serve a

VerDate Sep<11>2014 16:42 Jun 04, 2021 Jkt 253001 PO 00000 Frm 00032 Fmt 4702 Sfmt 4702 E:\FR\FM\07JNP1.SGM 07JNP1 khammond on DSKJM1Z7X2PROD with PROPOSALS 30248 Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Proposed Rules

notice of exemption on parties of record rental, positive economic inducement, authority or an exemption from filing an within 5 days after the verified notice of or other means (‘‘interchange application for such authority (including, in exemption is filed and shall publish that commitment’’). * * * some circumstances, a certification regarding notice in the Federal Register. The whether the transaction at issue imposes Note: The following will not appear in the interchange commitments). publication of notices under § 1180.2(d) Code of Federal Regulations. will indicate the labor protection Number of Respondents: 80. required. Total Burden Hours (annually including all Appendix respondents): 4,203 (sum of estimated hours (iv) If the notice contains false or × misleading information that is brought Information Collected Under the Paperwork per response number of responses for each to the Board’s attention, the Board shall Reduction Act type of filing, including the increase and decrease in burdens under the NPRM). The summarily revoke the exemption for As part of its continuing effort to reduce paperwork burdens, and as required by the tables below show the burden impact of the that carrier and require divestiture. NPRM, including the (a) current estimates for (v) The filing of a petition to revoke Paperwork Reduction Act of 1995 (PRA), 44 U.S.C. 3501–3521, the Surface Transportation the existing collection, (b) reduction in under 49 U.S.C. 10502(d) does not stay estimates due to the NPRM, and (c) increase the effectiveness of an exemption. Board (Board) gives notice that it is requesting from the Office of Management in estimates due to the NPRM. Except for notices filed under and Budget (OMB) approval for the revision As provided in Table 1—Estimated § 1180.2(d)(9), stay petitions must be and extension of the currently approved Average Number of Responses below, the filed at least 7 days before the information collection, Statutory Licensing Board maintains its existing, approved exemption becomes effective. For Authority (OMB Control Number: 2140– collection of three applications, 12 petitions notices filed under § 1180.2(d)(9), stay 0023), as described below. The requested for exemption, 103 notices of exemption, and petitions should be filed as soon as revision to the existing, approved collection four certifications regarding interchange possible before the exemption becomes by this notice of proposed rulemaking commitments annually based on an actual effective. (NPRM) is expected to (1) provide parties three-year average (FY 2018–2020) of filings. (vi) Other exemptions that may be with an emergency temporary trackage rights Table 1 also shows the expected decrease relevant to a proposal under this exemption (to replace the need for submitting and increase in filings under the NPRM. provision are codified at 49 CFR part both a notice of exemption and a separate Similarly, Table 2—Estimated Number of petition for waiver) and (2) in the event that Hours per Response shows both the existing 1150, subpart D, which governs the use of the temporary emergency trackage transactions under 49 U.S.C. 10901. estimated burden hours for each existing rights ceases to be necessary during the response and provides the estimated burdens * * * * * exemption period, require a short notice for the increase and decrease of responses (3)(i) Except for notices filed under stating such. under the NPRM. When multiplied by the § 1180.2(d)(7), (8), or (9), the filing party Description of Collection number of hours for each type of filing, as must certify whether a proposed provided in Table 2, the estimated annual acquisition or operation of a rail line Title: Statutory Licensing Authority. OMB Control Number: 2140–0023. burden hours for 122 responses are 4,203 involves a provision or agreement that STB Form Number: None. hours (sum of estimated hours per response may limit future interchange with a Type of Review: Revision of a currently × number of responses for each type of third-party connecting carrier, whether approved collection. filing), as shown in Table 3—Total Estimated by outright prohibition, per-car penalty, Respondents: Rail carriers and non-carriers Annual Burden Hours. adjustment in the purchase price or seeking statutory licensing or consolidation Frequency: On occasion.

TABLE 1—ESTIMATED AVERAGE NUMBER OF RESPONSES

Average number Type of filing of filings per year

Existing filings: Applications ...... 3 Petitions ...... 12 Notices ...... 103 Interchange commitments certifications ...... 4 Reductions in filings—Proposed: Notices (previously used) ...... (2) Petitions for waiver (no longer necessary) ...... (2) Additions in filings—Proposed: New Notices (emergency trackage rights exemptions) ...... 2 New notices regarding cessation of trackage rights ...... 2

Total estimated filings ...... 122

TABLE 2—ESTIMATED NUMBER OF HOURS PER RESPONSE

Number of hours Type of filing per response

Existing filings: Applications ...... 524 Petitions ...... 58 Notices ...... 19 Interchange commitments certifications ...... 8 Reductions in filings—Proposed: Notices (previously used) ...... (19) Petitions for waiver (no longer necessary) ...... (29)

VerDate Sep<11>2014 16:42 Jun 04, 2021 Jkt 253001 PO 00000 Frm 00033 Fmt 4702 Sfmt 4702 E:\FR\FM\07JNP1.SGM 07JNP1 khammond on DSKJM1Z7X2PROD with PROPOSALS Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Proposed Rules 30249

TABLE 2—ESTIMATED NUMBER OF HOURS PER RESPONSE—Continued

Number of hours Type of filing per response

Additions in filings—Proposed: New Notices (emergency trackage rights exemptions) ...... 20 New notices regarding cessation of trackage rights ...... 1

TABLE 3—TOTAL ESTIMATED ANNUAL BURDEN HOURS

Hours per Annual number Total annual Type of filing response of filings burden hours

Existing filing: Applications ...... 524 3 1,572 Petitions ...... 58 12 696 Notices ...... 19 103 1,957 Interchange commitments ...... 8 4 32

Total Existing Annual Burden Hours ...... 4,257 Reductions in filings—Proposed: Notices (previously used) ...... (19) 2 (38) Petitions for waiver (no longer necessary) ...... (29) 2 (58) Additions in filings—Proposed: New Notices (emergency trackage rights exemptions) ...... 20 2 40 New notices regarding cessation of trackage rights ...... 1 2 2

Total new annual burden hours ...... 4,203

Total ‘‘Non-hour Burden’’ Cost: Because seeking to abandon or to discontinue 1150.43(h), and 1180.4(g)(4)) enables the Board collections are submitted operations over a line of railroad or, in the Board to meet its statutory duty to regulate electronically to the Board, there is no cost case of two or more railroads, to consolidate the referenced rail transactions. In cases in for filing with the Board. However, for some their interests through merger or a common- which the requests for authority involve filings, respondents may be required to send control arrangement are required to file an agreements with interchange commitments consultation letters to various other application for prior approval and authority that may limit the future interchange of governmental agencies. Copies of these with the Board. See 49 U.S.C. 10901–03, traffic with third parties, certain information letters are part of an environmental and 11323–26. Under 49 U.S.C. 10502, persons must be disclosed to the Board about those historic report that must be filed with this may seek an exemption from many of the commitments. 49 CFR 1121.3(d), 1150.33(h), collection (unless waived by the Board). application requirements of §§ 10901–03 and 1150.43(h), 1180.4(g)(4). The collection of Because some of these other agencies may §§ 11323–26 by filing with the Board a this information facilitates the case-specific require hard copy letters, there may be some petition for exemption or notice of exemption review of interchange commitments and limited mailing costs, which staff estimates in lieu of an application. The collection by enables the Board’s monitoring of their usage in total to be approximately $1,750. the Board of these applications, petitions, generally. Needs and Uses: As mandated by Congress, and notices (including collection of persons seeking to construct, acquire, or disclosures of rail interchange commitments [FR Doc. 2021–11889 Filed 6–4–21; 8:45 am] operate a line of railroad and railroads under 49 CFR 1121.3(d), 1150.33(h), BILLING CODE 4915–01–P

VerDate Sep<11>2014 16:42 Jun 04, 2021 Jkt 253001 PO 00000 Frm 00034 Fmt 4702 Sfmt 9990 E:\FR\FM\07JNP1.SGM 07JNP1 khammond on DSKJM1Z7X2PROD with PROPOSALS 30250

Notices Federal Register Vol. 86, No. 107

Monday, June 7, 2021

This section of the FEDERAL REGISTER displays a currently valid OMB control DEPARTMENT OF AGRICULTURE contains documents other than rules or number. proposed rules that are applicable to the Animal and Plant Health Inspection public. Notices of hearings and investigations, Food and Nutrition Service Service committee meetings, agency decisions and rulings, delegations of authority, filing of Title: Best Practices in Disaster [Docket No. APHIS–2021–0022] petitions and applications and agency Supplemental Nutrition Assistance statements of organization and functions are Program (D–SNAP) Operations and Notice of Request for Revision to and examples of documents appearing in this Planning. Extension of Approval of an section. Information Collection; Emergency OMB Control Number: 0584–NEW. Management Response System Summary of Collection: The Food and AGENCY: DEPARTMENT OF AGRICULTURE Nutrition Act of 2008, as amended in Animal and Plant Health Inspection Service, USDA. 2014, provides the legislative authority Submission for OMB Review; for the U.S. Department of Agriculture’s ACTION: Revision to and extension of Comment Request (USDA) Food and Nutrition Service approval of an information collection; comment request. June 2, 2021. (FNS) to administer the Supplemental The Department of Agriculture has Nutrition Assistance Program (SNAP). SUMMARY: In accordance with the submitted the following information Section 17 of the Food and Nutrition Paperwork Reduction Act of 1995, this collection requirement(s) to OMB for Act of 2008 provides FNS the authority notice announces the Animal and Plant review and clearance under the to conduct research to help improve the Health Inspection Service’s intention to Paperwork Reduction Act of 1995, administration and effectiveness of request a revision to and extension of Public Law 104–13. Comments are SNAP. approval of an information collection requested regarding; whether the Need and Use of the Information: The associated with the Emergency collection of information is necessary Management Response System. for the proper performance of the primary purpose of this voluntary, one- DATES: We will consider all comments functions of the agency, including time data collection is to identify best that we receive on or before August 6, whether the information will have practices in D–SNAP planning and 2021. practical utility; the accuracy of the operations from across the country and agency’s estimate of burden including for a variety of disaster types. FNS seeks ADDRESSES: You may submit comments to better understand best practices in D– by either of the following methods: the validity of the methodology and • assumptions used; ways to enhance the SNAP planning and operations across Federal eRulemaking Portal: Go to quality, utility and clarity of the disaster types, administrative contexts, www.regulations.gov. Enter APHIS– information to be collected; and ways to and geographic locations. This study 2021–0022 in the Search field. Select minimize the burden of the collection of will culminate in a written report the Documents tab, then select the information on those who are to describing D–SNAP operations and Comment button in the list of documents. respond, including through the use of planning, including best practices, • Postal Mail/Commercial Delivery: appropriate automated, electronic, lessons learned, and challenges, in the Send your comment to Docket No. mechanical, or other technological five (5) study States for ten (10) recent collection techniques or other forms of APHIS–2021–0022, Regulatory Analysis D–SNAPs. FNS will use the findings and Development, PPD, APHIS, Station information technology. from the study to inform and update Comments regarding this information 3A–03.8, 4700 River Road, Unit 118, guidance and technical assistance to collection received by July 7, 2021 will Riverdale, MD 20737–1238. State agencies. State agencies may also be considered. Written comments and Supporting documents and any use the study findings to improve their recommendations for the proposed comments we receive on this docket information collection should be D–SNAP planning and operations. may be viewed at www.regulations.gov submitted within 30 days of the Description of Respondents: or in our reading room, which is located publication of this notice on the Individuals/Households (56) Business- in room 1620 of the USDA South following website www.reginfo.gov/ for-not-for-Profit (56) State, Local, or Building, 14th Street and Independence public/do/PRAMain. Find this Tribal Government (129). Avenue SW, Washington, DC. Normal reading room hours are 8 a.m. to 4:30 particular information collection by Number of Respondents: 241. selecting ‘‘Currently under 30-day p.m., Monday through Friday, except Review—Open for Public Comments’’ or Frequency of Responses: Reporting; holidays. To be sure someone is there to by using the search function. On occasion. help you, please call (202) 799–7039 An agency may not conduct or Total Burden Hours: 487. before coming. sponsor a collection of information FOR FURTHER INFORMATION CONTACT: For unless the collection of information Ruth Brown, information on the Emergency displays a currently valid OMB control Departmental Information Collection Management Response System (EMRS), number and the agency informs Clearance Officer. contact Dr. Fred Bourgeois, EMRS potential persons who are to respond to [FR Doc. 2021–11875 Filed 6–4–21; 8:45 am] National Coordinator, National the collection of information that such BILLING CODE 3410–30–P Preparedness and Incident persons are not required to respond to Coordination, Strategy and Policy, VS, the collection of information unless it APHIS, 4700 River Road, Unit 41,

VerDate Sep<11>2014 17:36 Jun 04, 2021 Jkt 253001 PO 00000 Frm 00001 Fmt 4703 Sfmt 4703 E:\FR\FM\07JNN1.SGM 07JNN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Notices 30251

Riverdale, MD 20737–1236; (318) 288– collection activities, as described, for an Forest Service is seeking comments 4083. For more detailed information on additional 3 years. from all interested individuals and the information collection, contact Mr. The purpose of this notice is to solicit organizations on the extension with Joseph Moxey, APHIS’ Paperwork comments from the public (as well as revision of a currently approved Reduction Act Coordinator, at (301) affected agencies) concerning our information collection, Community 851–2483. information collection. These comments Forest and Open Space Program. SUPPLEMENTARY INFORMATION: will help us: DATES: Comments must be received in (1) Evaluate whether the collection of Title: Emergency Management writing on or before August 6, 2021 to information is necessary for the proper Response System. be assured of consideration. Comments performance of the functions of the OMB Control Number: 0579–0071. received after that date will be Type of Request: Revision to and Agency, including whether the considered to the extent practicable. information will have practical utility; extension of approval of an information ADDRESSES: Comments concerning this (2) Evaluate the accuracy of our collection. notice should be addressed: estimate of the burden of the collection Abstract: Under the Animal Health Email: [email protected]. of information, including the validity of Protection Act (7 U.S.C. 8301 et seq.), Mail: Steve Koehn, Director, the methodology and assumptions used; Cooperative Forestry Staff, Forest the Animal and Plant Health Inspection (3) Enhance the quality, utility, and Service, USDA, Mail Stop 1123, 1400 Service (APHIS) of the U.S. Department clarity of the information to be Independence Avenue SW, Washington, of Agriculture is authorized, among collected; and other things, to protect the health of (4) Minimize the burden of the DC 20250–1123. U.S. livestock and poultry populations collection of information on those who Please do not include in your by preventing the introduction and are to respond, through use, as comments information of a confidential interstate spread of diseases and pests of appropriate, of automated, electronic, nature, such as sensitive personal livestock and by eradicating such mechanical, and other collection information or proprietary information. diseases from the United States when technologies; e.g., permitting electronic If you send an email comment, your feasible. submission of responses. email address will be automatically The Emergency Management Estimate of burden: The public captured and included as part of the Response System (EMRS) is a web-based burden for this collection of information comment that is placed in the public system that helps APHIS manage and is estimated to average 1 hour per docket and made available on the investigate potential incidents of foreign response. internet. Please note that responses to animal diseases in the United States. Respondents: Owners or operators of this public comment request containing When a potential foreign animal livestock and poultry facilities and State any routine notice about the disease incident is reported, APHIS or animal health officials. confidentiality of the communication State animal health officials dispatch a Estimated annual number of will be treated as public comments that foreign animal disease veterinary respondents: 158. may be made available to the public diagnostician to the premises of the Estimated annual number of notwithstanding the inclusion of the reported incident to conduct an responses per respondent: 156. routine notice. investigation. The diagnostician obtains Estimated annual number of The public may request an electronic vital epidemiological data by responses: 24,703. copy of the draft supporting statement conducting field investigations, Estimated total annual burden on and/or any comments received be sent including sample collection, and by respondents: 24,703 hours. (Due to via return email. Requests should be interviewing the owner or manager of averaging, the total annual burden hours emailed to [email protected]. the premises being investigated. These may not equal the product of the annual FOR FURTHER INFORMATION CONTACT: important data, submitted electronically number of responses multiplied by the Scott Stewart, Program Manager, State by the diagnostician into EMRS, include reporting burden per response.) and Private Forestry, Cooperative such items as the purpose of the All responses to this notice will be Forestry Staff, 202–205–1618. diagnostician’s visit and suspected summarized and included in the request Individuals who use telecommunication disease, type of operation on the for OMB approval. All comments will devices for the deaf (TDD) may call the premises, the number and type of also become a matter of public record. Federal Information Relay Service animals on the premises, the number of Done in Washington, DC, this 2nd day of (FIRS) at 1–800–877–8339 twenty-four sick or dead animals on the premises, June 2021. hours a day, every day of the year, the results of physical examinations of Mark Davidson, including holidays. affected animals and necropsy Acting Administrator, Animal and Plant SUPPLEMENTARY INFORMATION: examinations, vaccination information Health Inspection Service. Title: Community Forest and Open on the animals in the herd or flock, [FR Doc. 2021–11831 Filed 6–4–21; 8:45 am] Space Program. biosecurity practices at the site, whether BILLING CODE 3410–34–P OMB Number: 0596–0227. any animals were recently moved out of Expiration Date of Approval: the herd or flock, whether any new December 31, 2021. animals were recently introduced into DEPARTMENT OF AGRICULTURE Type of Request: Renewal with the herd or flock, the number and kinds revisions of a currently approved of test samples taken, and detailed Forest Service information collection. geographic data concerning the Abstract: The Forest Service is premises location. EMRS allows these Information Collection; Community authorized to implement the epidemiological and diagnostic data to Forest and Open Space Program Community Forest and Open Space be documented and transmitted more AGENCY: Forest Service, USDA. Program (CFP) under Section 8003 of efficiently. ACTION: Notice; request for comment. the Food, Conservation, and Energy Act We are asking the Office of of 2008 (Pub. L. 110–246; 122 Stat. Management and Budget (OMB) to SUMMARY: In accordance with the 2043; 7 U.S.C. 8701), which amends the approve our use of these information Paperwork Reduction Act of 1995, the Cooperative Forestry Assistance Act of

VerDate Sep<11>2014 17:36 Jun 04, 2021 Jkt 253001 PO 00000 Frm 00002 Fmt 4703 Sfmt 4703 E:\FR\FM\07JNN1.SGM 07JNN1 khammond on DSKJM1Z7X2PROD with NOTICES 30252 Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Notices

1978 (16 U.S.C. 2103d). The purpose of be summarized and included in the the submitted notification (as described the Community Forest Program is to submission request for Office of below) and subsequently authorized by achieve community benefits through Management and Budget approval. the FTZ Board. grants to local governments, Tribal Jaelith Hall-Rivera, Production under FTZ procedures Governments, and qualified nonprofit could exempt Airbus OneWeb from Acting Deputy Chief, State & Private Forestry. organizations to establish community customs duty payments on the foreign- forests by acquiring and protecting [FR Doc. 2021–11885 Filed 6–4–21; 8:45 am] status materials/components used in private forestlands. The information BILLING CODE 3411–15–P export production. On its domestic requirements will be used to help the sales, for the foreign-status materials/ Forest Service in the following areas: (1) components noted below and in the DEPARTMENT OF AGRICULTURE To determine that the applicant is existing scope of authority, Airbus eligible to receive funds under the Rural Housing Service OneWeb would be able to choose the program, (2) to determine if the proposal duty rate during customs entry meets the qualifications in the law and [Docket No. RHS–21–MFH–0008] procedures that applies to unfinished regulations, (3) to evaluate and rank the satellites—modules of communication proposals based on a standard, Notice of Solicitation of Applications satellites (duty-free). Airbus OneWeb consistent information; and (4) to for the Section 533 Housing would be able to avoid duty on foreign- determine if the project costs are Preservation Grants for Fiscal Year status components which become scrap/ allowable and sufficient cost share is 2021 waste. Customs duties also could provided. Correction possibly be deferred or reduced on Local governmental entities, Tribal foreign-status production equipment. Governments, and qualified nonprofit In notice document 2021–11564 The materials/components sourced organizations are the only entities appearing on pages 29555–29560 in the from abroad include: Adhesives of eligible for the program, and therefore issue of June 2, 2021, make the silicone; propulsion piping of nickel are the only organizations from which following correction: alloy steel; assorted steel fasteners— information will be collected. On page 29555, in the second column, shanks (less than 6mm diameter); The information collection currently under the DATES heading, in the fifth threaded articles of bronze or brass; required for a request for proposals and line, ‘‘July 7, 2021’’ should read ‘‘July support stands of hall effect thrusters; grant application is approved and has 19, 2021’’. magnetotorquers; thermistors; been assigned the OMB Control No. [FR Doc. C1–2021–11564 Filed 6–4–21; 8:45 am] cylindrical electrical plugs, sockets, or 0596–0227. BILLING CODE 0099–10–D connectors for cables or wires; electrical Estimated Annual Number of sockets or connectors; star tracker Respondents: 50. connection boxes; and, solar array Estimated Burden per Response: 24 DEPARTMENT OF COMMERCE panels (duty rate ranges from duty-free hours. to 6.2%). The request indicates that Estimated Number of Responses per Foreign-Trade Zones Board certain materials/components are Respondent: 1. subject to duties under Section 232 of Estimated Number of Total Annual [B–44–2021] the Trade Expansion Act of 1962 Responses: 50. Foreign-Trade Zone (FTZ) 136— (Section 232) or Section 301 of the Estimated Total Annual Burden on Brevard County, Florida; Notification Trade Act of 1974 (Section 301), Respondents: 1,200 hours. of Proposed Production Activity; depending on the country of origin. The Comment is Invited: Comment is Airbus OneWeb Satellites North applicable Section 232 and Section 301 invited on: (1) Whether this collection America LLC (Satellites and Satellite decisions require subject merchandise of information is necessary for the stated Systems); Merritt Island, Florida to be admitted to FTZs in privileged purposes and the proper performance of foreign status (19 CFR 146.41). the functions of the Agency, including Airbus OneWeb Satellites North Public comment is invited from whether the information will have America LLC (Airbus OneWeb) interested parties. Submissions shall be practical or scientific utility; (2) the submitted a notification of proposed addressed to the Board’s Executive accuracy of the Agency’s estimate of the production activity to the FTZ Board for Secretary and sent to: [email protected]. The burden of the collection of information, its facility in Merritt Island, Florida. The closing period for their receipt is July including the validity of the notification conforming to the 19, 2021. methodology and assumptions used; (3) requirements of the regulations of the A copy of the notification will be ways to enhance the quality, utility, and FTZ Board (15 CFR 400.22) was available for public inspection in the clarity of the information to be received on May 26, 2021. ‘‘Reading Room’’ section of the Board’s collected; and (4) ways to minimize the Airbus OneWeb already has authority website, which is accessible via burden of the collection of information to produce satellites for commercial, www.trade.gov/ftz. on respondents, including the use of private, and military applications For further information, contact automated, electronic, mechanical, or within FTZ 136. The current request Christopher Wedderburn at other technological collection would add a finished product and [email protected]. techniques or other forms of information foreign status materials/components to technology. the scope of authority. Pursuant to 15 Dated: June 1, 2021. All comments received in response to CFR 400.14(b), additional FTZ authority Andrew McGilvray, this notice, including names and would be limited to the specific foreign- Executive Secretary. addresses when provided, will be a status materials/components and [FR Doc. 2021–11830 Filed 6–4–21; 8:45 am] matter of public record. Comments will specific finished product described in BILLING CODE 3510–DS–P

VerDate Sep<11>2014 17:36 Jun 04, 2021 Jkt 253001 PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 E:\FR\FM\07JNN1.SGM 07JNN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Notices 30253

DEPARTMENT OF COMMERCE Memorandum is a public document and Final Negative Determination of is on file electronically via Enforcement Circumvention International Trade Administration and Compliance’s Antidumping and We determine that imports of CORE [A–570–026, C–570–027] Countervailing Duty Centralized completed in South Africa are not Electronic Service System (ACCESS). circumventing the China CORE Orders Certain Corrosion-Resistant Steel ACCESS is available to registered users at this time. Products From the People’s Republic at https://access.trade.gov. In addition, a of China: Negative Final Determination complete version of the Issues and Notification Regarding Administrative of Circumvention Involving South Decision Memorandum can be accessed Protective Order Africa directly at http://enforcement.trade.gov/ This notice will serve as the only frn/. reminder to all parties subject to AGENCY: Enforcement and Compliance, administrative protective order (APO) of International Trade Administration, Scope of the Orders their responsibility concerning the Department of Commerce. The products covered by these orders destruction of proprietary information SUMMARY: The Department of Commerce are certain flat-rolled steel products, disclosed under APO in accordance (Commerce) determines that imports of either clad, plated, or coated with with 19 CFR 351.305(a)(3). Timely certain corrosion-resistant steel corrosion-resistant metals such as zinc, written notification of return/ products (CORE), completed in South aluminum, or zinc-, aluminum-, nickel- destruction of APO materials or Africa using carbon hot-rolled steel or iron-based alloys, whether or not conversion to judicial protective order is (HRS) and/or cold-rolled steel (CRS) flat corrugated or painted, varnished, hereby requested. Failure to comply products (substrate) sourced from the laminated, or coated with plastics or with the regulations and the terms of an People’s Republic of China (China) other non-metallic substances in APO is a sanctionable violation. (merchandise subject to these inquiries), addition to the metallic coating. For a Notification to Interested Parties are not circumventing the antidumping complete description of the scope of the duty (AD) and countervailing duty orders, see the Issues and Decision This determination is issued and (CVD) orders on CORE from China at Memorandum. published in accordance with section this time. 781(b) of the Act and 19 CFR 351.225(f). DATES: Applicable June 7, 2021. Scope of the Anti-Circumvention Inquiries Dated: June 1, 2021. FOR FURTHER INFORMATION CONTACT: Christian Marsh, Laura Griffith, AD/CVD Operations, These anti-circumvention inquiries Acting Assistant Secretary for Enforcement Office III, Enforcement and Compliance, cover CORE completed in South Africa and Compliance. International Trade Administration, from HRS and/or CRS substrate input Appendix U.S. Department of Commerce, 1401 manufactured in China and Constitution Avenue NW, Washington, subsequently exported to the United List of Topics Discussed in the Issues and DC 20230; telephone: (202) 482–6430. States (merchandise subject to these Decision Memorandum SUPPLEMENTARY INFORMATION: inquiries). I. Summary II. Background Background Methodology III. Scope of the Orders On February 18, 2020, Commerce IV. Scope of the Anti-Circumvention published in the Federal Register its Commerce is conducting these anti- Inquiries preliminary determination 1 that circumvention inquiries in accordance V. Verification imports of CORE completed in South with section 781(b) of the Tariff Act of VI. Changes Since the Preliminary 1930, as amended (the Act). See Determination Africa are not circumventing the China VII. Statutory Framework CORE Orders at this time.2 A summary Preliminary Decision Memorandum for a full description of the methodology.4 VIII. Statutory Analysis of events that occurred since Commerce IX. Discussion of the Issues published the Preliminary We have continued to apply this Comment: Whether Commerce Should Determination, as well as a full methodology, and incorporate by Conduct an On-Site Verification of discussion of the issues raised by parties reference this description of the Duferco Steel Processing PTY Ltd.’s methodology, for our final Questionnaire Responses for this final determination, may be 5 found in the Issues and Decision determination. X. Recommendation Memorandum.3 The Issues and Decision Analysis of Comments Received [FR Doc. 2021–11855 Filed 6–4–21; 8:45 am] BILLING CODE 3510–DS–P 1 See Certain Corrosion-Resistant Steel Products All issues raised in the case and from the People’s Republic of China: Negative rebuttal briefs by parties in these Preliminary Determination of Circumvention inquiries are addressed in the Issues and DEPARTMENT OF COMMERCE Involving South Africa, 85 FR 8844 (February 18, Decision Memorandum. A list of the 2020) (Preliminary Determination), and International Trade Administration accompanying Preliminary Decision Memorandum. issues raised is attached to this notice at 2 See Certain Corrosion-Resistant Steel Products the Appendix. [A–475–059] from India, Italy, the People’s Republic of China, the Republic of Korea and Taiwan: Amended Final Based on our analysis of the comments received from interested Pressure Sensitive Plastic Tape From Affirmative Antidumping Determination for India Italy: Final Results of Sunset Review and Taiwan, and Antidumping Duty Orders, 81 FR parties, we made no revisions to the 48390 (July 25, 2016); see also Certain Corrosion- Preliminary Determination. and Revocation of Antidumping Duty Resistant Steel Products from India, Italy, Republic Finding of Korea and the People’s Republic of China: Countervailing Duty Order, 81 FR 48387 (July 25, Certain Corrosion-Resistant Steel Products from the AGENCY: Enforcement and Compliance, 2016) (collectively, China CORE Orders). People’s Republic of China,’’ dated concurrently International Trade Administration, 3 See Memorandum, ‘‘Issues and Decision with, and hereby adopted by, this notice (Issues and Department of Commerce. Memorandum for the Anti-Circumvention Inquiries Decision Memorandum). Involving the Republic of South Africa of the 4 See Preliminary Decision Memorandum. SUMMARY: On March 1, 2021, the Antidumping and Countervailing Duty Orders on 5 See Issues and Decision Memorandum. Department of Commerce (Commerce)

VerDate Sep<11>2014 17:36 Jun 04, 2021 Jkt 253001 PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 E:\FR\FM\07JNN1.SGM 07JNN1 khammond on DSKJM1Z7X2PROD with NOTICES 30254 Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Notices

initiated the fifth sunset review of the applicable time limit of March 16, 2021, initiation. In this case, the notice of antidumping duty finding on pressure as required by 19 CFR 351.102(d)(1).8 initiation was published in the Federal sensitive plastic tape (PS tape) from Pursuant to 19 CFR Register on March 1, 2021; therefore, Italy. Because no domestic interested 351.218(e)(1)(i)(C)(2), on March 23, the deadline to file an intent to party filed a timely notice of intent to 2021, Commerce notified the participate was March 16, 2021. As participate in this sunset review, International Trade Commission that it noted above, Commerce did not receive Commerce is revoking this antidumping intended to issue a final determination a notice of intent to participate from any duty finding. revoking this antidumping duty domestic interested party by March 16, DATES: Applicable April 14, 2021. finding.9 2021. FOR FURTHER INFORMATION CONTACT: Scope of the Finding Because no domestic interested party Jacob Garten, AD/CVD Operations, timely filed a notice of intent to Office II, Enforcement and Compliance, The products covered by the Finding participate in this sunset review, International Trade Administration, are shipments of PS tape measuring over Commerce finds that no domestic U.S. Department of Commerce, 1401 one and three-eighths inches in width interested party has responded to the Constitution Avenue NW, Washington, and not exceeding four mils in notice of initiation of this sunset review DC 20230; telephone: (202) 482–3342. thickness. The above described PS tape under 751(c)(3)(A) of the Tariff Act of is classified under Harmonized Tariff SUPPLEMENTARY INFORMATION: 1930, as amended (the Act).11 Therefore, Schedule of the United States (HTSUS) consistent with the section 751(c)(3)(A) Background subheadings 3919.90.10.20 and of the Act, 19 CFR On October 21, 1977, the Department 3919.90.50. The HTSUS subheadings 351.218(d)(1)(iii)(B)(3), and 19 CFR of Treasury issued an antidumping duty are provided for convenience and for 351.222(i)(1)(i), we are revoking the finding on PS tape from Italy.1 customs purposes. The written antidumping duty finding on PS tape Commerce conducted four previous description remains dispositive. from Italy. sunset reviews of the Finding. Determination to Revoke Effective Date of Revocation Commerce published the final results of Pursuant to 19 CFR those sunset reviews on January 6, Pursuant to 19 CFR 351.222(i)(2)(i), 351.218(d)(1)(iii)(B), if no domestic 1999; 2 May 11, 2004; 3 August 13, the effective date of revocation is April interested party files a notice of intent 2009; 4 and July 8, 2015.5 On April 14, 14, 2021, which is the fifth anniversary to participate under paragraph (d)(1) of 2016, Commerce published a notice of of the date of publication in the Federal that section, Commerce will issue a final continuation of the Finding following Register of the most recent notice of determination revoking the order or the fourth sunset review.6 On March 1, continuation of this antidumping duty terminating the suspended investigation 2021, Commerce initiated the fifth finding.12 Therefore, pursuant to section not later than 90 days after the date of sunset review of this Finding.7 751(d)(3) of the Act, Commerce will publication in the Federal Register of No domestic interested party instruct U.S. Customs and Border the Notice of Initiation.10 In turn, 19 submitted a notice of intent to Protection to terminate the suspension CFR 351.218(d)(1)(i) establishes a time participate in this sunset review by the of liquidation of the merchandise limit for domestic interested parties to subject to this finding entered, or file a notice of intent to participate in 1 See Antidumping: Pressure Sensitive Plastic withdrawn from warehouse, on or after response to a notice of initiation, which Tape Measuring Over One and Three-Eights Inches April 14, 2021. Entries of subject in Width and Not Exceeding Four Millimeters in is 15 days after the date of publication merchandise prior to the effective date Thickness from Italy, 42 FR 56110 (October 21, in the Federal Register of the notice of 1977) (Finding). Prior to the Trade Agreements Act of revocation will continue to be subject of 1979 (1979 Act), Public Law 96–39, the Treasury 8 On March 17, 2021, domestic interested parties to suspension of liquidation and Department issued antidumping ‘‘findings.’’ Section attempted to file an untimely notice of intent to antidumping duty deposit requirements. 106(a) of the 1979 Act expressly preserved the participate. See Domestic Interested Parties’ Letter, Commerce will complete any pending existing antidumping ‘‘findings’’ in the new law ‘‘Pressure Sensitive Plastic Tape from Italy: Notice and provided that, after January 1, 1980, the Tariff administrative reviews of this finding of Intent to Participate in Sunset Review,’’ dated Act of 1930 would be amended to require and will conduct administrative reviews March 17, 2021. On the same day, the domestic Commerce to issue antidumping ‘‘orders’’ instead of interested parties filed an untimely request for an of subject merchandise entered prior to ‘‘findings.’’ extension of time to file their notice of intent to the effective date of revocation in 2 See Final Results of Expedited Sunset Review: participate in this sunset review. See Domestic response to appropriately filed requests Pressure Sensitive Plastic Tape from Italy, 64 FR Interested Parties’ Letter, ‘‘Pressure Sensitive Plastic for review. 853 (January 6, 1999). Tape from Italy: Request for Extension of Time to 3 See Pressure Sensitive Plastic Tape from Italy; File Notice of Intent to Participate in Sunset This notice of revocation is published Final Results of the Second Sunset Review of Review,’’ dated March 17, 2021. Commerce found in accordance with sections 751(c) and Antidumping Duty Finding, 69 FR 26068 (May 11, that the domestic interested parties failed to 777(i)(1) of the Act and 19 CFR 2004). identify extraordinary circumstances warranting 351.218(d)(1)(iii) and 19 CFR 4 See Pressure Sensitive Plastic Tape from Italy: consideration of the untimely extension request Final Results of Expedited Sunset Review, 74 FR and, thus, denied the untimely extension request 351.222(i)(1)(i). 40811 (August 13, 2009). and rejected the late submission of the notice of Dated: June 1, 2021. 5 See Pressure Sensitive Plastic Tape from Italy: intent to participate. See Commerce’s Letter’s, Christian Marsh, Final Results of Expedited Fourth Sunset Review of ‘‘Five-Year (‘‘Sunset’’) Review of Pressure Sensitive the Antidumping Duty Finding, 80 FR 39054 (July Plastic Tape from Italy: Rejection of Request for Acting Assistant Secretary for Enforcement 8, 2015). Extension of Time to File Notice of Intent to and Compliance. 6 See Pressure Sensitive Plastic Tape from Italy: Participate in Sunset Review,’’ dated March 25, [FR Doc. 2021–11853 Filed 6–4–21; 8:45 am] Continuation of the Antidumping Duty Finding, 81 2021. BILLING CODE 3510–DS–P FR 22048 (April 14, 2016) (2016 Continuation 9 See Commerce’s Letter, ‘‘Sunset Reviews [sic] Notice). Initiated on March 1, 2021,’’ dated March 23, 2021. 7 See Initiation of Five-Year (Sunset) Reviews, 86 10 See also section 751(c)(3)(A) of the Act and 19 11 See 19 CFR 351.218(d)(1)(iii)(B)(1). FR 11928 (March 1, 2021). CFR 351.222(i)(1)(i). 12 See 2016 Continuation Notice.

VerDate Sep<11>2014 17:36 Jun 04, 2021 Jkt 253001 PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 E:\FR\FM\07JNN1.SGM 07JNN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Notices 30255

DEPARTMENT OF COMMERCE final results of the administrative review FOR FURTHER INFORMATION CONTACT: of the countervailing duty order on PET Chelsey Simonovich, AD/CVD International Trade Administration film from India covering the period Operations, Office VI, Enforcement and [C–533–825] January 1, 2018 through December 31, Compliance, U.S. Department of 2018.3 We failed to include Jindal Poly Commerce, 1401 Constitution Avenue Polyethylene Terephthalate Film, Films Limited of India’s cross owned NW, Washington, DC 20230; telephone Sheet, and Strip From India: Final affiliate in the notice. We are correcting (202) 482–1979. Results of Countervailing Duty the Final Results to clarify that the SUPPLEMENTARY INFORMATION: Administrative Review; 2018; countervailable subsidy rate for the Correction mandatory respondent, Jindal Poly Background Films Limited of India applies to its In 2004, Commerce published in the AGENCY: Enforcement and Compliance, cross owned affiliate, Jindal Films India Federal Register its final affirmative International Trade Administration, Ltd. determination of sales at less than fair Department of Commerce. Notification to Interested Parties value and AD order on ironing tables ACTION: Notice; correction. from China.1 On February 1, 2021, This notice is issued and published in Commerce published the notice of SUMMARY: The Department of Commerce accordance with section 751(a)(1) and initiation of the third sunset review of (Commerce) published notice in the 777(i)(1) of the Tariff Act of 1930, as Federal Register of May 17, 2021 in the Order, pursuant to section 751(c) of amended. the Tariff Act of 1930, as amended (the which Commerce determined that Jindal 2 Poly Films Limited of India (Jindal), Dated: June 1, 2021. Act). producer and/or exporter of Christian Marsh, On February 16, 2021, Commerce polyethylene terephthalate film, sheet, Acting Assistant Secretary for Enforcement received a notice of intent to participate and strip (PET film) from India, received and Compliance. within the 15-day deadline specified in countervailable subsidies during the [FR Doc. 2021–11846 Filed 6–4–21; 8:45 am] 19 CFR 351.218(d)(1)(i) from Home BILLING CODE 3510–DS–P Products International, Inc. (the period of review (POR), January 1, 2018, 3 through December 31, 2018. This notice petitioner). The petitioner claimed failed to list the cross owned affiliate of interested party status under section Jindal Poly Films Limited. DEPARTMENT OF COMMERCE 771(9)(C) of the Act as manufacturers, producers, or wholesalers in the United FOR FURTHER INFORMATION CONTACT: International Trade Administration States of a domestic like product. On Konrad Ptaszynski at (202) 482–6187 or March 3, 2021, Commerce received Nicholas Czajkowski at (202) 482–1395; [A–570–888] complete substantive responses to the AD/CVD Operations, Enforcement and notice of initiation from domestic Compliance, International Trade Floor-Standing, Metal-Top Ironing interested parties within the 30-day Administration, U.S. Department of Tables and Certain Parts Thereof From deadline specified in 19 CFR Commerce, 1401 Constitution Avenue the People’s Republic of China: Final 351.218(d)(3)(i).4 Commerce received no NW, Washington, DC 20230. Results of Expedited Third Sunset substantive responses from respondent SUPPLEMENTARY INFORMATION: Review of the Antidumping Duty Order interested parties. Correction AGENCY: Enforcement and Compliance, On March 23, 2021, Commerce International Trade Administration, notified the U.S. International Trade In the Federal Register of May 17, Commission that it did not receive an 2021, in FR Doc 2021–10350, on page Department of Commerce. SUMMARY: adequate substantive response from 26700, in the second column, correct As a result of this expedited 5 sunset review, the Department of respondent interested parties. As a the Final Results of Administrative result, Commerce conducted an Review as follows: Commerce (Commerce) finds that revocation of the antidumping duty expedited, i.e., 120-day, sunset review Final Results of Administrative Review (AD) order on floor-standing, metal-top 1 See Notice of Final Determination of Sales at In accordance with section 777A(e)(1) ironing tables and certain parts thereof Less Than Fair Value: Floor-Standing, Metal-Top of the Act and 19 CFR 351.221(b)(5), we (ironing tables) from the People’s Ironing Tables and Certain Parts Thereof from the determine the total estimated net Republic of China (China) would be People’s Republic of China, 69 FR 35296 (June 24, countervailable subsidy rates for the likely to lead to continuation or 2004) (Final Determination); see also Notice of Amended Final Determination of Sales at Less period January 1, 2018, through recurrence of dumping at the levels Than Fair Value and Antidumping Duty Order: December 31, 2018 to be: indicated in the ‘‘Final Results of Sunset Floor-Standing, Metal-Top Ironing Tables and Review’’ section of this notice. Certain Parts Thereof from the People’s Republic of China, 69 FR 47868 (August 6, 2004) (the Order). Subsidy rate DATES: Applicable June 7, 2021. Manufacturer/exporter (percent 2 See Initiation of Five-Year (Sunset) Reviews, 86 ad valorem) FR 7709 (February 1, 2021) (Initiation). Polyethylene Terephthalate Film, Sheet, and Strip 3 See Petitioner’s Letter, ‘‘Notice of Intent to Jindal Poly Films Limited of from India: Preliminary Results and Partial Participate: Third Five-Year Sunset Review of India 1 ...... 2 11.67 Rescission of Countervailing Duty Administrative Floor-Standing, Metal-Top Ironing Tables and Review; 2018, 85 FR 74679 (November 23, 2020), Certain Parts Thereof from the People’s Republic of and accompanying Preliminary Decision China,’’ dated February 16, 2021. Background Memorandum at 5–6; see also Polyethylene 4 See Domestic Interested Parties’ Letter, On May 17, 2021, Commerce Terephthalate Film, Sheet, and Strip from India: ‘‘Substantive Response of Home Products Final Results of Countervailing Duty Administrative International, Inc. to the Notice of Initiation of the published in the Federal Register the Review; 2018, 86 FR 26700 (May 17, 2021) (Final Third Five-Year Sunset Review of Floor-Standing, Results), and accompanying Issues and Decision Metal-Top Ironing Tables and Certain Parts Thereof 1 Jindal Poly Films Limited of India is also known Memorandum (IDM) at ‘‘Attribution of Subsidies.’’ from the People’s Republic of China,’’ dated March as Jindal Poly Films Limited. Jindal Poly Films 2 This rate applies to merchandise produced and/ 3, 2021. Limited of India’s cross-owned company is: Jindal or esported by Jindal Poly Films Linited of India or 5 See Commerce’s Letter, ‘‘Sunset Reviews Films India Ltd. This cross-owned company is its cross-owned company Jindal Films India Ltd. Initiated on February 1, 2021,’’ dated March 23, identified in the Preliminary Results. See 3 See Final Results IDM. 2021.

VerDate Sep<11>2014 17:36 Jun 04, 2021 Jkt 253001 PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 E:\FR\FM\07JNN1.SGM 07JNN1 khammond on DSKJM1Z7X2PROD with NOTICES 30256 Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Notices

of the Order pursuant to section Notification to Interested Parties recent continuation of the Order.2 On 751(c)(3)(B) of the Act and 19 CFR We are issuing and publishing these February 1, 2021, Commerce published 351.218(e)(1)(ii)(C)(2). results and notice in accordance with the Notice of Initiation of the fifth sunset review of Order, pursuant to Scope of the Order sections 751(c), 752(c), and 777(i)(1) of the Act and 19 CFR 351.218. section 751(c) of the Tariff Act of 1930, The merchandise subject to the Order as amended (the Act).3 On February 12, consists of floor-standing, metal-top Dated: June 1, 2021. 2021, Commerce received a notice of ironing tables, assembled or Christian Marsh, intent to participate from Carus LLC (the unassembled, complete or incomplete, Acting Assistant Secretary for Enforcement petitioner), a domestic producer of and certain parts thereof. For a complete and Compliance. potassium permanganate and the description of the products covered, see Appendix petitioner in the underlying the Issues and Decision Memorandum.6 investigation, within the deadline List of Topics Discussed in the Issues and 4 Analysis of Comments Received specified in 19 CFR 351.218(d)(1)(i). Decision Memorandum The petitioner claimed domestic All issues raised in this sunset review I. Summary interested party status under section are addressed in the Issues and Decision II. Background 771(9)(C) of the Act, as a manufacturer Memorandum, including the likelihood III. Scope of the Order of a domestic like product in the United IV. History of the Order of continuation or recurrence of States.5 On March 3, 2021, the dumping in the event of revocation, and V. Legal Framework VI. Discussion of the Issues petitioner filed its timely substantive the magnitude of dumping margins VII. Final Results of the Review response within the 30-day deadline likely to prevail if the orders were VIII. Recommendation specified in 19 CFR 351.218(d)(3)(i).6 revoked. The Issues and Decision [FR Doc. 2021–11845 Filed 6–4–21; 8:45 am] Commerce received no substantive Memorandum is a public document and BILLING CODE 3510–DS–P responses from any other interested is on file electronically via Enforcement party with respect to the Order covered and Compliance’s Antidumping and by this sunset review, nor was a hearing Countervailing Duty Centralized DEPARTMENT OF COMMERCE requested. As a result, pursuant to Electronic Service System (ACCESS). section 751(c)(3)(B) of the Act, and 19 ACCESS is available to registered users International Trade Administration CFR 351.218(e)(1)(ii)(C)(2), Commerce is at http://access.trade.gov. A list of conducting an expedited (120-day) [A–570–001] topics discussed in the Issues and sunset review of the Order. Decision Memorandum is attached to Potassium Permanganate From the this notice as an Appendix. In addition, Scope of the Order People’s Republic of China: Final a complete version of the Issues and Results of Expedited Fifth Sunset The merchandise covered by the Decision Memorandum can be accessed Review of the Antidumping Duty Order Order is potassium permanganate, an directly on the internet at http:// inorganic chemical produced in free- enforcement.trade.gov/frn. AGENCY: Enforcement and Compliance, flowing, technical, and pharmaceutical Final Results of Sunset Review International Trade Administration, grades. Potassium permanganate is Department of Commerce. currently classifiable under subheading Pursuant to sections 751(c)(1), SUMMARY: As a result of this fifth 2841.61.00 of the Harmonized Tariff 752(c)(1) and (3) of the Act, Commerce expedited sunset review, the Schedule of the United States (HTSUS). determines that revocation of the Order Department of Commerce (Commerce) Although the HTSUS subheading is would be likely to lead to continuation finds that revocation of the antidumping provided for convenience and customs or recurrence of dumping, and that the duty (AD) order on potassium purposes, the written description of the magnitude of the dumping margins permanganate from the People’s merchandise remains dispositive. likely to prevail would be weighted- Republic of China (China) would be average margins up to 157.68 percent. Analysis of Comments Received likely to lead to continuation or Administrative Protective Order (APO) recurrence of dumping at the levels All issues raised in this review, indicated in the ‘‘Final Results of including the likelihood of continuation This notice serves as the only Review’’ section of this notice. or recurrence of dumping in the event reminder to parties subject to the APO of revocation and the magnitude of the DATES: of their responsibility concerning the Applicable June 7, 2021. margins likely to prevail if the Order return or destruction of proprietary FOR FURTHER INFORMATION CONTACT: were revoked, are addressed in the information disclosed under APO in Kabir Archuletta, AD/CVD Operations, Issues and Decision Memorandum, accordance with 19 CFR 351.305(a). Office V, Enforcement and Compliance, which is hereby adopted by this notice.7 Timely written notification of the International Trade Administration, destruction of APO materials or U.S. Department of Commerce, 1401 2 See Potassium Permanganate from the People’s conversion to judicial protective order is Constitution Avenue NW, Washington, Republic of China: Continuation of Antidumping hereby requested. Failure to comply DC 20230; telephone: (202) 482–2593. Duty Order, 81 FR 14835 (March 18, 2016). 3 See Initiation of Five-Year (Sunset) Reviews, 86 with the regulations and terms of an SUPPLEMENTARY INFORMATION: FR 7709 (February 1, 2021). APO is a violation which is subject to 4 Background See Petitioner’s Letter, ‘‘Notice of Intent to sanction. Participate of Petitioner Carus LLC,’’ dated February On January 31, 1984, Commerce 12, 2021. 6 See Memorandum, ‘‘Issues and Decision issued the AD order on potassium 5 Id. Memorandum: Final Results of Expedited Third permanganate from China.1 On March 6 See Petitioner’s Letter, ‘‘Petitioner’s Substantive Sunset Review of the Antidumping Duty Order on Response to Notice of Initiation Carus LLC,’’ dated Floor-Standing, Metal-Top Ironing Tables and 18, 2016, Commerce published the most March 3, 2021 at 1. Certain Parts Thereof from the People’s Republic of 7 See Memorandum, ‘‘Issues and Decisions China,’’ dated concurrently with, and hereby 1 See Antidumping Duty Order; Potassium Memorandum for the Final Results of the adopted by, this notice (Issues and Decision Permanganate from the People’s Republic of China, Antidumping Duty Administrative Review: Memorandum). 49 FR 3897 (January 31, 1984) (Order). Potassium Permanganate from the People’s

VerDate Sep<11>2014 17:36 Jun 04, 2021 Jkt 253001 PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 E:\FR\FM\07JNN1.SGM 07JNN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Notices 30257

The Issues and Decision Memorandum VIII. Recommendation and Compliance’s Antidumping and is a public document and is on file [FR Doc. 2021–11852 Filed 6–4–21; 8:45 am] Countervailing Duty Centralized electronically via the Enforcement and BILLING CODE 3510–DS–P Electronic Service System (ACCESS). Compliance Antidumping and ACCESS is available to registered users Countervailing Duty Centralized at https://access.trade.gov. In addition, a Electronic Services System (ACCESS). DEPARTMENT OF COMMERCE complete version of the Issues and ACCESS is available to registered users Decision Memorandum can be accessed at http://access.trade.gov. A list of International Trade Administration directly at http://enforcement.trade.gov/ topics discussed in the Issues and [A–583–856] frn/. Decision Memorandum is included as Scope of the Order an Appendix to this notice. In addition, Certain Corrosion-Resistant Steel a complete version of the Issues and Products From Taiwan: Affirmative The products covered by this order Decision Memorandum can be accessed Final Determination of Circumvention are certain flat-rolled steel products, directly at http://enforcement.trade.gov/ Involving Malaysia either clad, plated, or coated with frn/index.html. corrosion-resistant metals such as zinc, AGENCY: Enforcement and Compliance, aluminum, or zinc-, aluminum-, nickel- Final Results of Review International Trade Administration, or iron-based alloys, whether or not Department of Commerce. Pursuant to sections 751(c)(1) and corrugated or painted, varnished, SUMMARY: 752(c)(1) and (3) of the Act, Commerce The Department of Commerce laminated, or coated with plastics or determines that revocation of the AD (Commerce) determines that imports of other non-metallic substances in order on potassium permanganate from certain corrosion-resistant steel addition to the metallic coating. For a China would likely lead to continuation products (CORE), completed in complete description of the scope of the Malaysia, using carbon hot-rolled steel or recurrence of dumping, and that the order, see the Issues and Decision (HRS) and/or cold-rolled steel (CRS) flat magnitude of margins likely to prevail is Memorandum. products (substrate) manufactured in up to 128.94 percent.8 Taiwan, are circumventing the Scope of the Anti-Circumvention Administrative Protective Order antidumping duty (AD) order on CORE Inquiry from Taiwan. This anti-circumvention inquiry This notice serves as the only covers CORE completed in Malaysia reminder to parties subject to DATES: Applicable June 7, 2021. FOR FURTHER INFORMATION CONTACT: Joy from HRS and/or CRS substrate input administrative protective order (APO) of manufactured in Taiwan and their responsibility concerning the Zhang, AD/CVD Operations, Office III, Enforcement and Compliance, subsequently exported to the United destruction of proprietary information States (merchandise subject to this disclosed under APO in accordance International Trade Administration, U.S. Department of Commerce, 1401 inquiry). This final ruling applies to all with 19 CFR 351.305(a). Timely shipments of merchandise subject to notification of the return or destruction Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–1168. this inquiry entered on or after the date of APO materials, or conversion to of the initiation of this inquiry.4 SUPPLEMENTARY INFORMATION: judicial protective orders is hereby Importers and exporters of CORE requested. Failure to comply with the Background produced in Malaysia using: (1) HRS regulations and terms of an APO is a manufactured in Malaysia or other third violation which is subject to sanction. On February 18, 2020, Commerce published the Preliminary countries, (2) CRS manufactured in Notifications to Interested Parties Determination 1 of circumvention of the Malaysia using HRS produced in Taiwan CORE Order.2 A summary of Malaysia or other third countries, or (3) We are issuing and publishing these CRS manufactured in other third final results in accordance with sections events that occurred since Commerce published the Preliminary countries, must certify that the HRS 751(c), 752(c), and 777(i)(1) of the Act, and/or CRS processed into CORE in and 19 CFR 351.221(c)(5)(ii). Determination, as well as a full discussion of the issues raised by parties Malaysia did not originate in Taiwan, as Dated: June 1, 2021. for this final determination, may be provided for in the certifications Christian Marsh, found in the Issues and Decision attached to this Federal Register notice. Acting Assistant Secretary for Enforcement Memorandum.3 The Issues and Decision Otherwise, their merchandise will be and Compliance. Memorandum is a public document and subject to AD requirements. Appendix is on file electronically via Enforcement Methodology Commerce is conducting this anti- List of Topics Discussed in the Issues and 1 See Certain Corrosion-Resistant Steel Products Decision Memorandum from Taiwan: Affirmative Preliminary circumvention inquiry in accordance I. Summary Determination of Circumvention Involving with section 781(b) of the Tariff Act of II. Background Malaysia, 85 FR 8815 (February 18, 2020) 1930, as amended (the Act). Because III. Scope of the Order (Preliminary Determination), and accompanying certain interested parties did not Preliminary Decision Memorandum. IV. History of the Order cooperate to the best of their abilities in 2 See Certain Corrosion-Resistant Steel Products V. Legal Framework from India, Italy, the People’s Republic of China, responding to Commerce’s requests for VI. Discussion of the Issues the Republic of Korea and Taiwan: Amended Final 1. Likelihood of Continuation or Affirmative Antidumping Determination for India 4 See Corrosion-Resistant Steel Products from the Recurrence of Dumping and Taiwan, and Antidumping Duty Orders, 81 FR People’s Republic of China: Initiation of Anti- 2. Magnitude of the Margin of Dumping 48390 (July 25, 2016) (Taiwan CORE Order). Circumvention Inquiries on the Antidumping Duty Likely to Prevail 3 See Memorandum, ‘‘Issues and Decision and Countervailing Duty Orders, 84 FR 43585 VII. Final Results of Sunset Review Memorandum for Anti-Circumvention Inquiry (August 21, 2019) (Initiation Notice), and involving Taiwan on the Antidumping Duty Order accompanying Memorandum, ‘‘Certain Corrosion- on Certain Corrosion-Resistant Steel Products from Resistant Steel Products from the People’s Republic Republic of China,’’ dated concurrently with this Taiwan,’’ dated concurrently with, and hereby of China: Initiation of Anti-Circumvention Inquiries notice (Issues and Decisions Memorandum). adopted by, this notice (Issues and Decision on the Antidumping Duty and Countervailing Duty 8 Id. Memorandum). Orders,’’ dated August 12, 2019.

VerDate Sep<11>2014 17:36 Jun 04, 2021 Jkt 253001 PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 E:\FR\FM\07JNN1.SGM 07JNN1 khammond on DSKJM1Z7X2PROD with NOTICES 30258 Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Notices

information, we continue to base parts Continuation of Suspension of other Chinese producers/exporters of our final determination on the facts Liquidation (39.05 percent)).8 This is to prevent available, with adverse inferences, As stated above, Commerce has made evasion, given that the rates applicable pursuant to sections 776(a) and (b) of an affirmative determination of to the AD/CVD orders on CORE from the Act. The Preliminary Decision circumvention of the Taiwan CORE China are higher than the all-others rate Memorandum contains a full Order by exports to the United States of established by the AD order on CORE description of the methodology.5 We CORE completed in Malaysia using from Taiwan. In the situation where a incorporate by reference this description Taiwanese-origin HRS and/or CRS certification is provided for the AD/CVD of the methodology for our final substrate. In accordance with 19 CFR orders on CORE from China (stating that determination. 351.225(1)(3), Commerce will direct the merchandise was not produced from HRS and/or CRS from China), but no Analysis of Comments Received CBP to continue to suspend liquidation and to require a cash deposit of other certification is provided, then All issues raised in the case and estimated duties on unliquidated entries Commerce intends to instruct CBP to rebuttal briefs by parties in this inquiry of CORE completed in Malaysia using suspend the entry and collect cash are addressed in the Issues and Decision Taiwanese-origin HRS and/or CRS deposits at the AD all-others rate Memorandum. A list of the issues raised substrate that were entered, or applicable under the AD order on CORE is attached to this notice as Appendix I. withdrawn from warehouse, for from Taiwan (i.e., 3.66 percent). Based on our analysis of the consumption on or after August 12, Further, for this final determination, comments received from interested 2019, the date of initiation of this anti- we continue to determine that the parties, we made no revisions to the circumvention inquiry. The suspension following non-responsive companies are Preliminary Determination with regard of liquidation and cash deposit not eligible for the certification process: to our analysis under the anti- instructions will remain in effect until Hsin Kuang Steel Co Ltd; FIW Steel Sdn circumvention factors of section 781(b) further notice. Bhd; NS BlueScope Malaysia Sdn Bhd; of the Act.6 We have made certain CORE produced in Malaysia from and YKGI/Yung Kong Galv. Ind/ changes to the language in the HRS or CRS substrate that is not of Starshine Holdings Sdn Bhd/ASTEEL certifications to provide guidance on Taiwanese-origin is not subject to this Sdn Bhd (collectively, non-responsive who should complete the exporter inquiry. However, imports of such companies).9 Accordingly, importers of certification, and to allow importers and merchandise are subject to certification CORE from Malaysia produced and/or exporters to clearly identify the parties requirements, and cash deposits may be exported by these ineligible companies involved in the sale(s) involving the required if the certification are similarly ineligible for the export to the United States. requirements are not satisfied. certification process with regard to their Additionally, CORE completed in imports of CORE produced by or Final Affirmative Determination of Malaysia from HRS and/or CRS from sourced from these companies. Circumvention China also has been found to be Additionally, exporters are not eligible We determine that exports to the circumventing the AD/CVD orders on to certify shipments of merchandise United States of CORE completed in CORE from China and such produced by the above-listed Malaysia from HRS and/or CRS merchandise is subject to similar companies. Accordingly, CBP shall substrate manufactured in Taiwan are certification requirements.7 suspend the entry and collect cash circumventing the Taiwan CORE Order. Accordingly, if an importer imports deposits for entries of merchandise We therefore find it appropriate to CORE from Malaysia and claims that the produced and/or exported by non- determine that merchandise subject to CORE was not produced from HRS and/ responsive companies at the AD rate this inquiry should be considered to be or CRS substrate manufactured in established for the China-wide entity within the scope of the Taiwan CORE Taiwan, in order not to be subject to AD (199.43 percent) and the CVD rate Order, and to instruct U.S. Customs and and/or CVD requirements, the importer established for all other Chinese Border Protection (CBP) to continue to and exporter are required to meet the producers and/or exporters (39.05 suspend liquidation of any entries of certification and documentation percent) pursuant to the China CORE CORE completed in Malaysia using HRS requirements described in Appendices Orders. and/or CRS substrate manufactured in II, III and IV, in order for cash deposits Notification Regarding Administrative Taiwan. pursuant to the Taiwan CORE Order not Protective Order to be required. The party that made the This notice will serve as the only 5 See Memorandum, ‘‘Preliminary Decision sale to the United States should fill out Memorandum for the Anti-Circumvention Inquiries the exporter certification. reminder to all parties subject to of the Antidumping Duty and Countervailing Duty In the situation where no certification administrative protective order (APO) of Orders on Certain Corrosion-Resistant Steel is provided for an entry, and AD/CVD their responsibility concerning the Products from Taiwan,’’ dated February 7, 2020. orders on CORE from China or the AD destruction of proprietary information 6 We made certain adjustments to our calculations disclosed under APO in accordance with respect to certain prongs of the analysis for order on CORE from Taiwan potentially CSC Steel Sdn. Bhd. (CSCM), a cooperative apply to that entry, Commerce intends mandatory respondent in this inquiry, based on to instruct CBP to suspend liquidation 8 See Certain Corrosion-Resistant Steel Flat revisions provided in a post-preliminary response Products from India, Italy, the People’s Republic of from the respondent. See Memorandum, ‘‘Anti- of the entry and collect cash deposits at China, the Republic of Korea, and Taiwan: Circumvention Inquiry of the Antidumping Duty the rates applicable to the China CORE Amended Final Affirmative Antidumping Duty Order of Certain Corrosion-Resistant Steel Products Orders (i.e., the AD rate established for Determination for India and Taiwan, and from Taiwan: China Steel Sdn. Bhd.—Final the China-wide entity (199.43 percent) Antidumping Duty Orders, 81 FR 48390 (July 25, Analysis Memorandum,’’ dated concurrently with 2016); see also Certain Corrosion-Resistant Steel this memorandum (CSCM Final Analysis and the CVD rate established for all- Products from India, Italy, Republic of Korea, and Memorandum). However, we note that as the the People’s Republic of China: Countervailing Duty updated information does not result in material 7 See unpublished Federal Register notice, Order, 81 FR 48387 (July 25, 2016) (collectively, changes to the calculations from the Preliminary ‘‘Certain Corrosion-Resistant Steel Products from China CORE Orders). Determination, the conclusions of the analysis from the People’s Republic of China: Affirmative Final 9 See Preliminary Determination, 85 FR at 8816, the Preliminary Determination remain unchanged. Determination of Circumvention Involving and accompanying Preliminary Decision See Issues and Decision Memorandum. Malaysia,’’ dated concurrently with this notice. Memorandum at 8 and 22–23.

VerDate Sep<11>2014 17:36 Jun 04, 2021 Jkt 253001 PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 E:\FR\FM\07JNN1.SGM 07JNN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Notices 30259

with 19 CFR 351.305(a)(3). Timely should use the certifications contained below corrosion resistant steel products produced written notification of return/ that have changed from the certifications in Malaysia that entered under entry destruction of APO materials or issued with the Preliminary Determination. number(s), identified below, and which are conversion to judicial protective order is For entries on or after the date of covered by this certification. ‘‘Direct personal publication of this notice in the Federal knowledge’’ refers to facts the certifying party hereby requested. Failure to comply Register, for which certifications are is expected to have in its own records. For with the regulations and the terms of an required, importers should complete the example, the importer should have direct APO is a sanctionable violation. required certification at or prior to the date personal knowledge of the importation of the of entry summary, and exporters should product (e.g., the name of the exporter) in its Notification to Interested Parties complete the required certification and records. This determination is issued and provide it to the importer at or prior to the (C) If the importer is acting on behalf of the published in accordance with section date of shipment. For all such entries made first U.S. customer, complete this paragraph, 781(b) of the Act and 19 CFR 351.225(f). within the first 20 days after publication of if not put ‘‘NA’’ at the end of this paragraph: this notice, exporters and importers should The corrosion resistant steel products Dated: June 1, 2021. use the certifications attached to the covered by this certification were imported Christian Marsh, Preliminary Determination. For all entries by {NAME OF IMPORTING COMPANY} on { } Acting Assistant Secretary for Enforcement made on or after 21 days after publication of behalf of NAME OF U.S. CUSTOMER , { } and Compliance. this notice, exporters and importers should located at ADDRESS OF U.S. CUSTOMER . use the certifications contained below that (D) The corrosion resistant steel products Appendix I—List of Topics Discussed in have changed from the certifications issued covered by this certification were shipped to the Issues and Decision Memorandum with the Preliminary Determination. {NAME OF PARTY TO WHOM The importer and exporter are also MERCHANDISE WAS FIRST SHIPPED IN I. Summary required to maintain sufficient THE UNITED STATES}, located at II. Background documentation supporting their {ADDRESS OF SHIPMENT}. III. Scope of the Order certifications. The importer will not be (E) I have personal knowledge of the facts IV. Scope of the Anti-Circumvention Inquiry required to submit the certifications or regarding the production of the corrosion V. Verification supporting documentation to U.S. Customs resistant steel products identified below. VI. Use of Facts Available With an Adverse and Border Protection (CBP) as part of the ‘‘Personal knowledge’’ includes facts Inference entry process at this time. However, the obtained from another party (e.g., VII. Changes Since the Preliminary importer and the exporter will be required to correspondence received by the importer (or Determination present the certifications and supporting exporter) from the producer regarding the VIII. Statutory Framework documentation to Commerce and/or CBP, as country of manufacture of the imported IX. Statutory Analysis applicable, upon request by the respective products). X. Discussion of the Issues agency. Additionally, the claims made in the (F) The corrosion resistant steel products Comment: Whether CSCM’s Manufacturing certifications and any supporting covered by this certification were not Operations in Malaysia Constitute documentation are subject to verification by manufactured using hot-rolled steel and/or Circumvention Under the Statutory Commerce and/or CBP. The importer and cold-rolled steel substrate produced in Criteria Established in Section 781(b)(2) exporter are required to maintain the Taiwan. of the Act certifications and supporting documentation (G) This certification applies to the XI. Recommendation for the later of: (1) A period of five years from following entries (repeat this block as many the date of entry or (2) a period of three years times as necessary): Appendix II—Certification after the conclusion of any litigation in Requirements Entry Summary #: United States courts regarding such entries. Entry Summary Line Item #: If an importer imports certain corrosion- In the situation where no certification is Foreign Seller: resistant steel products (CORE) from provided for an entry, and AD/CVD orders on Foreign Seller’s address: Malaysia and claims that the CORE was not CORE from China or the AD order on CORE Foreign Seller’s Invoice #: produced from hot-rolled steel and/or cold- from Taiwan potentially apply to that entry, Foreign Seller’s Invoice Line Item #: rolled steel substrate (substrate) Commerce intends to instruct CBP to Producer: manufactured in Taiwan, the importer is suspend the entry and collect cash deposits Producer’s Address: at the rate under the China CORE Orders (i.e., required to complete and maintain the (H) I understand that {NAME OF the AD rate established for the China-wide importer certification attached hereto as IMPORTING COMPANY} is required to entity (199.43 percent) and the CVD rate Appendix III and all supporting maintain a copy of this certification and established for all-other Chinese producers/ documentation. Where the importer uses a sufficient documentation supporting this exporters (39.05 percent)).10 broker to facilitate the entry process, it In the situation certification (i.e., documents maintained in should obtain the entry summary number where a certification is provided for the AD/ the normal course of business, or documents from the broker. Agents of the importer, such CVD orders on CORE from China (stating that obtained by the certifying party, for example, as brokers, however, are not permitted to the merchandise was not produced from HRS mill certificates, production records, make this certification on behalf of the and/or CRS from China), but no other invoices, etc.) for the later of: (1) A period of importer. certification is provided, then Commerce five years from the date of entry or (2) a The exporter of such merchandise is intends to instruct CBP to suspend the entry period of three years after the conclusion of required to complete and maintain the and collect cash deposits at the AD all-others any litigation in the United States courts exporter certification, attached as Appendix rate applicable to the AD order on CORE regarding such entries. IV, and is further required to provide the from Taiwan (i.e., 3.66 percent). (I) I understand that {NAME OF } importer a copy of that certification and all Appendix III—Importer Certification IMPORTING COMPANY is required to supporting documentation. The party that provide this certification and supporting made the sale to the United States should fill I hereby certify that: records, upon request, to U.S. Customs and out the exporter certification. (A) My name is {IMPORTING COMPANY Border Protection (CBP) and/or the For any such certifications completed on OFFICIAL’S NAME} and I am an official of Department of Commerce (Commerce). the date of publication of this final {NAME OF IMPORTING COMPANY}, (J) I understand that {NAME OF determination through 20 days after the date located at {ADRESS OF IMPORTING IMPORTING COMPANY} is required to of publication, exporters and importers COMPANY}. maintain a copy of the exporter’s certification should use the certifications attached to the (B) I have direct personal knowledge of the (attesting to the production and/or export of Preliminary Determination. For any such facts regarding the importation into the the imported merchandise identified above), certifications completed on or after 21 days Customs territory of the United States of the and any supporting records provided by the after the date of publication of this final exporter to the importer, for the later of: (1) determination, exporters and importers 10 See China CORE Orders. A period of five years from the date of entry

VerDate Sep<11>2014 17:36 Jun 04, 2021 Jkt 253001 PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 E:\FR\FM\07JNN1.SGM 07JNN1 khammond on DSKJM1Z7X2PROD with NOTICES 30260 Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Notices

or (2) a period of three years after the (D) This certification applies to the criminal sanctions on individuals who conclusion of any litigation in United States following sales to {NAME OF U.S. knowingly and willfully make material false courts regarding such entries. CUSTOMER}, located at {ADDRESS OF U.S. statements to the U.S. government. { } (K) I understand that NAME OF CUSTOMER . (repeat this block as many Signature IMPORTING COMPANY} is required, upon times as necessary): NAME OF COMPANY OFFICIAL request, to provide a copy of the exporter’s Foreign Seller’s Invoice # to U.S. Customer: TITLE certification and any supporting records Foreign Seller’s Invoice to U.S. Customer provided by the exporter to the importer, to Line item #: DATE CBP and/or Commerce. Producer Name: [FR Doc. 2021–11850 Filed 6–4–21; 8:45 am] (L) I understand that the claims made Producer’s Address: BILLING CODE 3510–DS–P herein, and the substantiating Producer’s Invoice # to Foreign Seller: (If the documentation, are subject to verification by foreign seller and the producer are the CBP and/or Commerce. same party, put NA here.) (M) I understand that failure to maintain DEPARTMENT OF COMMERCE the required certifications, and/or failure to (E) The corrosion resistant steel products covered by this certification were shipped to International Trade Administration substantiate the claims made herein, and/or { failure to allow CBP and/or Commerce to NAME OF U.S. PARTY TO WHOM } [C–570–023] verify the claims made herein, may result in MERCHANDISE WAS SHIPPED , located at {U.S. ADDRESS TO WHICH MERCHANDISE a de facto determination that all entries to } which this certification applies are within WAS SHIPPED . Certain Uncoated Paper From the (F) I understand that {NAME OF People’s Republic of China: Final the scope of the antidumping/countervailing } duty order on corrosion resistant steel EXPORTING COMPANY is required to Results of the Expedited Five-Year products from Taiwan. I understand that maintain a copy of this certification and Sunset Review of the Countervailing such finding will result in: sufficient documentation supporting this Duty Order (i) Suspension of liquidation of all certification (i.e., documents maintained in unliquidated entries (and entries for which the normal course of business, or documents AGENCY: Enforcement and Compliance, liquidation has not become final) for which obtained by the certifying party, for example, International Trade Administration, these requirements were not met; mill certificates, production records, Department of Commerce. (ii) the requirement that the importer post invoices, etc.) for the later of: (1) A period of applicable antidumping duty and/or five years from the date of entry or (2) a SUMMARY: As a result of this sunset countervailing duty cash deposits (as period of three years after the conclusion of review, the Department of Commerce appropriate) equal to the rates determined by any litigation in the United States courts (Commerce) finds that revoking the Commerce; and regarding such entries. countervailing duty (CVD) order on (iii) the revocation of {NAME OF (G) I understand that {NAME OF } certain uncoated paper (uncoated paper) IMPORTING COMPANY}’s privilege to EXPORTING COMPANY must provide a from the People’s Republic of China copy of this Exporter Certification to the U.S. certify future imports of corrosion resistant (China) would likely lead to steel products from Malaysia as not importer by the date of shipment; manufactured using hot-rolled steel and/or (H) I understand that {NAME OF continuation or recurrence of cold-rolled steel substrate from Taiwan. EXPORTING COMPANY} is required to countervailable subsidies at the levels (N) I understand that agents of the provide a copy of this certification and indicated in the ‘‘Final Results of importer, such as brokers, are not permitted supporting records, upon request, to U.S. Review’’ section of this notice. to make this certification. Customs and Border Protection (CBP) and/or DATES: Applicable June 7, 2021. (O) This certification was completed at or the Department of Commerce (Commerce). prior to the date of entry summary. (I) I understand that the claims made FOR FURTHER INFORMATION CONTACT: (P) I am aware that U.S. law (including, but herein, and the substantiating Peter Zukowski, AD/CVD Operations, not limited to, 18 U.S.C. 1001) imposes documentation, are subject to verification by Office III, Enforcement and Compliance, criminal sanctions on individuals who CBP and/or Commerce. International Trade Administration, knowingly and willfully make material false (J) I understand that failure to maintain the U.S. Department of Commerce, 1401 statements to the U.S. government. required certification, and/or failure to Constitution Avenue NW, Washington, Signature substantiate the claims made herein, and/or DC 20230; telephone: (202) 482–0189. failure to allow CBP and/or Commerce to NAME OF COMPANY OFFICIAL verify the claims made herein, may result in SUPPLEMENTARY INFORMATION: TITLE a de facto determination that all sales to DATE which this certification applies are within Background the scope of the antidumping/countervailing On March 3, 2016, Commerce Appendix IV—Exporter Certification duty order on corrosion resistant steel published in the Federal Register the SPECIAL INSTRUCTIONS: The party that products from Taiwan. I understand that CVD Order on uncoated paper from made the sale to the United States should fill such finding will result in: China.1 On February 1, 2021, Commerce (i) Suspension of all unliquidated entries out the exporter certification. published the notice of initiation of the I hereby certify that: (and entries for which liquidation has not (A) My name is {COMPANY OFFICIAL’S become final) for which these requirements first sunset review of the Order, NAME} and I am an official of {NAME OF were not met; and pursuant to section 751(c) of the Tariff COMPANY}, located at {ADDRESS}; (ii) the requirement that the importer post Act of 1930, as amended (the Act).2 On (B) I have direct personal knowledge of the applicable antidumping duty and/or February 12, 2021, Commerce received facts regarding the production and countervailing duty cash deposits (as a notice of intent to participate from exportation of the corrosion resistant steel appropriate) equal to the rates as determined Domtar Corporation (Domtar), Finch products identified below. ‘‘Direct personal by Commerce; and Paper LLC (Finch Paper), and North (iii) the revocation of {NAME OF knowledge’’ refers to facts the certifying party Pacific Paper Company (NORPAC), is expected to have in its own books and EXPORTING COMPANY}’s privilege to records. For example, an exporter should certify future exports of corrosion resistant 1 have direct personal knowledge of the steel products from Malaysia as not See Certain Uncoated Paper from Indonesia and manufactured using hot-rolled steel and/or the People’s Republic of China: Amended Final producer’s identity and location. Affirmative Countervailing Duty Determination and (C) The corrosion resistant steel products cold-rolled steel substrate from Taiwan. Countervailing Duty Order (Indonesia) and produced in Malaysia and covered by this (K) This certification was completed at or Countervailing Duty Order (People’s Republic of certification were not manufactured using prior to the date of shipment. China), 81 FR 11187 (Order). hot-rolled steel and/or cold-rolled steel (L) I am aware that U.S. law (including, but 2 See Initiation of Five-Year (‘‘Sunset’’) Reviews, substrate produced in Taiwan. not limited to, 18 U.S.C. 1001) imposes 86 FR 7709 (February 1, 2021).

VerDate Sep<11>2014 17:36 Jun 04, 2021 Jkt 253001 PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 E:\FR\FM\07JNN1.SGM 07JNN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Notices 30261

within the deadline specified in 19 CFR Commission that it did not receive an 4802.62.6040, 4802.69.1000, 351.218(d)(1)(i).3 Domtar, Finch Paper, adequate substantive response from 4802.69.2000, 4802.69.3000, and NORPAC claimed interested party respondent interested parties.7 As a 4811.90.8050 and 4811.90.9080. While status under section 771(9)(C) of the result, pursuant to section 751(c)(3)(B) HTSUS subheadings are provided for Act, as domestic producers of uncoated of the Act and 19 CFR convenience and customs purposes, the paper in the United States. On February 351.218(e)(1)(ii)(C)(2), Commerce written description of the scope of the 16, 2021, Commerce also received a conducted an expedited (120-day) Order is dispositive.9 notice of intent to participate from sunset review of this Order. Packaging Corporation of America Analysis of Comments Received Scope of the Order (PCA) and United Steel, Paper and All issues raised in this sunset review Forestry, Rubber, Manufacturing, The scope of the Order includes uncoated paper in sheet form; weighing are addressed in the Issues and Decision Energy, Allied Industrial and Services Memorandum, which is hereby adopted Workers International Union (USW).4 at least 40 grams per square meter but not more than 150 grams per square by this notice. The Issues and Decision PCA claimed interested party status Memorandum is a public document and under section 771(9)(C) of the Act and meter; that either is a white paper with a GE brightness level 8 of 85 or higher is on file electronically via Enforcement 19 CFR 351.102(b)(29)(v), as a domestic and Compliance’s Antidumping and producer of uncoated paper in the or is a colored paper; whether or not Countervailing Duty Centralized United States, and USW claimed surface-decorated, printed (except as Electronic Service System (ACCESS). interested party status under section described below), embossed, perforated, ACCESS is available to registered users 771(9)(D) of the Act and 19 CFR or punched; irrespective of the at http://access.trade.gov. A list of 351.102(b)(29)(vi), as a certified union smoothness of the surface; and topics discussed in the Issues and with workers engaged in the irrespective of dimensions (Certain Decision Memorandum is included as manufacture and production of the Uncoated Paper). an appendix to this notice. In addition, domestic like product in the United Imports of the subject merchandise a complete version of the Issues and States. are provided for under Harmonized On March 1, 2021, Commerce Tariff Schedule of the United States Decision Memorandum can be accessed received a substantive response from the (HTSUS) categories 4802.56.1000, directly at http://enforcement.trade.gov/ domestic interested parties 5 within the 4802.56.2000, 4802.56.3000, frn. 30-day deadline specified in 19 CFR 4802.56.4000, 4802.56.6000, Final Results of Sunset Review 351.218(d)(3)(i).6 We received no 4802.56.7020, 4802.56.7040, substantive response from any other 4802.57.1000, 4802.57.2000, Pursuant to sections 751(c)(1) and domestic or interested parties in this 4802.57.3000, and 4802.57.4000. Some 752(b) of the Act, Commerce determines proceeding and no hearing was imports of subject merchandise may that revocation of the Order would be requested. also be classified under 4802.62.1000, likely to lead to continuation or On March 23, 2021, Commerce 4802.62.2000, 4802.62.3000, recurrence of countervailable subsidies notified the U.S. International Trade 4802.62.5000, 4802.62.6020, at the following rates:

Net countervailable Manufacturers/producers/exporters subsidy (percent)

Asia Symbol (Guangdong) Paper Co., Ltd. (AS Guangdong), Asia Symbol (Shandong) Pulp & Paper Co., Ltd. (AS Shandong), Asia Symbol (Guangdong) Omya Minerals Co., Ltd. (AS Omya), and Greenpoint Global Trading (Macao Commercial Offshore) Limited (Greenpoint) (collectively, Asia Symbol Companies) ...... 7.23 Shandong Sun Paper Industry Joint Stock Co., Ltd. (Shandong Sun Paper), and Sun Paper (Hong Kong) Co., Ltd. (Sun Paper HK) (collectively, Sun Paper Companies) ...... 176.75 UPM (China) Co. Ltd ...... 176.75 All Others ...... 7.23

Administrative Protective Order (APO) accordance with 19 CFR 351.305. APO is a violation which is subject to Timely notification of the return or sanction. This notice also serves as the only destruction of APO materials or reminder to parties subject to an APO of Notification to Interested Parties conversion to judicial protective order is their responsibility concerning the hereby requested. Failure to comply return or destruction of proprietary We are issuing and publishing the information disclosed under APO in with the regulations and terms of an final results and this notice in

3 See Domtar/Finch Paper/NORPAC’s Letter, 6 See Domestic Interested Parties’ Letter, ‘‘Colored paper’’ as used in this scope definition ‘‘Domestic Industry’s Notice of Intent to Participate ‘‘Domestic Interested Party Substantive Response to means a paper with a hue other than white that In Sunset Review,’’ dated February 12, 2021. Notice of Initiation,’’ dated March 1, 2021. reflects one of the primary colors of magenta, 7 4 See PCA/USW’s Letter, ‘‘Notice of Intent to See Commerce’s Letter, ‘‘Sunset Reviews yellow, and cyan (red, yellow, and blue) or a Initiated on February 1, 2021,’’ dated March 23, Participate in the First Five-Year Review of the combination of such primary colors. 2021. Countervailing Duty Order on Certain Uncoated 9 For a full description of the scope of the order, 8 One of the key measurements of any grade of see Memorandum, ‘‘Issues and Decision Paper from the People’s Republic of China,’’ dated paper is brightness. Generally speaking, the brighter February 16, 2021. the paper the better the contrast between the paper Memorandum for the Expedited First Sunset 5 Collectively, Domtar, Finch Paper, NORPAC, and the ink. Brightness is measured using a GE Review of the Countervailing Duty Order on Certain PCA, and USW are referred to as the domestic Reflectance Scale, which measures the reflection of Uncoated Paper from the People’s Republic of interested parties. light off a grade of paper. One is the lowest China,’’ dated concurrently with, and hereby reflection, or what would be given to a totally black adopted by, this notice (Issues and Decision grade, and 100 is the brightest measured grade. Memorandum).

VerDate Sep<11>2014 17:36 Jun 04, 2021 Jkt 253001 PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 E:\FR\FM\07JNN1.SGM 07JNN1 khammond on DSKJM1Z7X2PROD with NOTICES 30262 Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Notices

accordance with sections 751(c), 752(b), published in the Federal Register a Scope of the Order and 777(i)(1) of the Act, and 19 CFR notice of the AD order on seamless The merchandise covered by this 351.218. carbon and alloy steel standard, line and order is certain seamless carbon and 1 Dated: June 1, 2021. pressure pipe from China. On February alloy steel (other than stainless steel) Christian Marsh, 1, 2021, Commerce published its pipes and redraw hollows, less than or initiation of the second sunset review of Acting Assistant Secretary for Enforcement equal to 16 inches (406.4 mm) in and Compliance. the Order, pursuant to section 751(c) of outside diameter, regardless of wall- the Tariff Act of 1930, as amended (the thickness, manufacturing process (e.g., Appendix 2 Act). From February 5, through 16, hot-finished or cold-drawn), end finish List of Topics Discussed in the Issues and 2021, Commerce received timely and (e.g., plain end, beveled end, upset end, Decision Memorandum complete notices of intent to participate threaded, or threaded and coupled), or I. Summary in the sunset review in relation to the surface finish (e.g., bare, lacquered or 3 II. Background Order from domestic interested parties coated). Redraw hollows are any III. History of the Order within the deadline specified in 19 CFR unfinished carbon or alloy steel (other 4 IV. Scope of the Order 351.218(d)(1)(i). The domestic than stainless steel) pipe or ‘‘hollow V. Legal Framework interested parties claimed interested profiles’’ suitable for cold finishing VI. Discussion of the Issues party status pursuant to section operations, such as cold drawing, to 1. Likelihood of Continuation or 771(9)(C) of the Act as manufacturers in Recurrence of a Countervailable Subsidy meet the American Society for Testing the United States of the domestic like and Materials (‘‘ASTM’’) or American 2. Net Countervailable Subsidy Rates 5 Likely to Prevail product. Petroleum Institute (‘‘API’’) 3. Nature of the Subsidies On March 3, 2021, the domestic specifications referenced below, or VII. Final Results of Sunset Review interested parties filed a timely and comparable specifications. Specifically VIII. Recommendation adequate substantive response within included within the scope are seamless [FR Doc. 2021–11854 Filed 6–4–21; 8:45 am] the deadline specified in 19 CFR carbon and alloy steel (other than 6 BILLING CODE 3510–DS–P 351.218(d)(3)(i). Commerce did not stainless steel) standard, line, and receive substantive responses from any pressure pipes produced to the ASTM respondent interested party with respect A–53, ASTM A–106, ASTM A–333, DEPARTMENT OF COMMERCE to the Order covered by this sunset ASTM A–334, ASTM A–589, ASTM A– review. As a result, pursuant to section 795, ASTM A–1024, and the API 5L International Trade Administration 751(c)(3)(B) of the Act and 19 CFR specifications, or comparable [A–570–956] 351.218(e)(1)(ii)(C)(2), Commerce specifications, and meeting the physical conducted an expedited (120-day) parameters described above, regardless Seamless Carbon and Alloy Steel sunset review of the Order. of application, with the exception of the Standard, Line and Pressure Pipe exclusion discussed below. From the People’s Republic of China: 1 See Certain Seamless Carbon and Alloy Steel Specifically excluded from the scope Standard, Line, and Pressure Pipe from the People’s Final Results of the Expedited Sunset Republic of China: Amended Final Determination of the order are: (1) All pipes meeting Review of the Antidumping Duty Order of Sales at Less Than Fair Value and Antidumping aerospace, hydraulic, and bearing tubing Duty Order, 75 FR 69052 (November 10, 2010) specifications; (2) all pipes meeting the AGENCY: Enforcement and Compliance, (Order). chemical requirements of ASTM A–335, International Trade Administration, 2 See Initiation of Five-Year (Sunset) Review, 86 whether finished or unfinished; and (3) Department of Commerce. FR 7709 (February 1, 2021). 3 unattached couplings. Also excluded SUMMARY: As a result of this expedited The domestic interested parties are: Tenaris Bay City, Inc. and IPSCO Tubulars Inc. (collectively, from the scope of the order are all sunset review, the Department of Tenaris U.S.A.); United States Steel Corporation mechanical, boiler, condenser and heat Commerce (Commerce) finds that (U.S. Steel); Vallourec Star, LP (Vallourec); and exchange tubing, except when such BENTELER Steel/Tube Manufacturing Corp. revocation of the antidumping duty products conform to the dimensional (AD) order on seamless carbon and alloy (BENTELER) (collectively, domestic interested parties). requirements, i.e., outside diameter and steel standard, line and pressure pipe 4 See Tenaris USA’s Letter, ‘‘Notice of Intent to wall thickness of ASTM A–53, ASTM (SSLP) from the People’s Republic of Participate in Second Sunset Reviews of the A–106 or API 5L specifications. China (China) would be likely to lead to Antidumping and Countervailing Duty Orders on The merchandise covered by the order continuation or recurrence of dumping Seamless Carbon and Alloy Steel Standard, Line and Pressure Pipe from China,’’ dated February 5, is currently classified in the at the levels indicated in the ‘‘Final 2021; U.S. Steel’s Letter, ‘‘Five-Year (‘‘Sunset’’) Harmonized Tariff Schedule of the Results of Review’’ section of this Review of Antidumping and Countervailing Duty United States (HTSUS) under item notice. Orders on Seamless Carbon and Alloy Steel Standard, Line and Pressure Pipe from China: numbers: 7304.19.1020, 7304.19.1030, DATES: Applicable June 7, 2021. Notice of Intent to Participate,’’ dated February 16, 7304.19.1045, 7304.19.1060, FOR FURTHER INFORMATION CONTACT: 2021; Vallourec’s Letter, ‘‘Seamless Carbon and 7304.19.5020, 7304.19.5050, Thomas Martin or Zachary Shaykin, Alloy Steel Standard, Line and Pressure Pipe from 7304.31.6050, 7304.39.0016, the People’s Republic of China (Second Sunset AD/CVD Operations, Office IV, Review): Notice of Intent to Participate,’’ dated 7304.39.0020, 7304.39.0024, Enforcement and Compliance, February 16, 2021; and BENTELER’s Letter, ‘‘Notice 7304.39.0028, 7304.39.0032, International Trade Administration, of Intent to Participate in Second Sunset Reviews 7304.39.0036, 7304.39.0040, U.S. Department of Commerce, 1401 of the Antidumping and Countervailing Duty 7304.39.0044, 7304.39.0048, Orders on Seamless Carbon and Alloy Steel Constitution Avenue NW, Washington, Standard, Line and Pressure Pipe from China,’’ 7304.39.0052, 7304.39.0056, DC 20230; telephone: (202) 482–3936 or dated February 16, 2021. 7304.39.0062, 7304.39.0068, (202) 482–2638, respectively. 5 Id. 7304.39.0072, 7304.51.5005, SUPPLEMENTARY INFORMATION: 6 See Domestic Interested Parties’ Letter, 7304.51.5060, 7304.59.6000, ‘‘Seamless Carbon and Alloy Steel Standard, Line 7304.59.8010, 7304.59.8015, Background and Pressure Pipe from the People’s Republic of China: Substantive Response of Domestic Producers 7304.59.8020, 7304.59.8025, On November 10, 2010, the to Commerce’s Notice of Initiation of Five-Year 7304.59.8030, 7304.59.8035, Department of Commerce (Commerce) (‘‘Sunset’’) Reviews,’’ dated March 3, 2021. 7304.59.8040, 7304.59.8045,

VerDate Sep<11>2014 17:36 Jun 04, 2021 Jkt 253001 PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 E:\FR\FM\07JNN1.SGM 07JNN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Notices 30263

7304.59.8050, 7304.59.8055, Dated: June 1, 2021. China CORE Orders.2 A summary of 7304.59.8060, 7304.59.8065, and Christian Marsh, events that occurred since Commerce 7304.59.8070. Acting Assistant Secretary for Enforcement published the Preliminary Although the HTSUS subheadings are and Compliance. Determination, as well as a full provided for convenience and customs discussion of the issues raised by parties Appendix—List of Topics Discussed in purposes, our written description of the for this final determination, may be merchandise subject to this scope is the Issues and Decision Memorandum found in the Issues and Decision dispositive.7 I. Summary Memorandum.3 The Issues and Decision II. Background Memorandum is a public document and Analysis of Comments Received III. Scope of the Order is on file electronically via Enforcement A complete discussion of all issues IV. History of the Order and Compliance’s Antidumping and raised in this sunset review, including V. Legal Framework Countervailing Duty Centralized VI. Discussion of the Issues the likelihood of continuation or Electronic Service System (ACCESS). recurrence of dumping in the event of Comment 1: Likelihood of Continuation or Recurrence of Dumping ACCESS is available to registered users revocation of the Order and the Comment 2: Magnitude of the Dumping at https://access.trade.gov. In addition, a magnitude of the margins likely to Margins Likely to Prevail complete version of the Issues and prevail if the Order were to be revoked, VII. Final Results of Sunset Review Decision Memorandum can be accessed is provided in the Issues and Decision VIII. Recommendation directly at http://enforcement.trade.gov/ Memorandum. A list of the topics [FR Doc. 2021–11847 Filed 6–4–21; 8:45 am] frn/. discussed in the Issues and Decision BILLING CODE 3510–DS–P Scope of the Orders Memorandum is attached as an appendix to this notice. The Issues and The products covered by these orders Decision Memorandum is a public DEPARTMENT OF COMMERCE are certain flat-rolled steel products, document and is on file electronically either clad, plated, or coated with via Enforcement and Compliance’s International Trade Administration corrosion-resistant metals such as zinc, Antidumping and Countervailing Duty aluminum, or zinc-, aluminum-, nickel- Centralized Electronic Service System [A–570–026, C–570–027] or iron-based alloys, whether or not (ACCESS). ACCESS is available to corrugated or painted, varnished, registered users at https:// Certain Corrosion-Resistant Steel laminated, or coated with plastics or access.trade.gov. In addition, a complete Products From the People’s Republic other non-metallic substances in version of the Issues and Decision of China: Affirmative Final addition to the metallic coating. For a Memorandum can be accessed directly Determination of Circumvention complete description of the scope of the at https://enforcement.trade.gov/frn/. Involving Malaysia orders, see the Issues and Decision Memorandum. Final Results of Sunset Review AGENCY: Enforcement and Compliance, International Trade Administration, Scope of the Anti-Circumvention Pursuant to sections 751(c)(1) and Inquiries 752(c)(1) and (3) of the Act, Commerce Department of Commerce. determines that revocation of the Order SUMMARY: The Department of Commerce These anti-circumvention inquiries on SSLP from China would be likely to (Commerce) determines that imports of cover CORE completed in Malaysia from lead to a continuation or recurrence of certain corrosion-resistant steel HRS and/or CRS substrate input dumping, and that the magnitude of the products (CORE), completed in manufactured in China and dumping margins likely to prevail is up Malaysia, using hot-rolled steel (HRS) subsequently exported to the United to 98.74 percent. and/or cold-rolled steel (CRS) flat States (merchandise subject to these products (substrate) manufactured in inquiries). This final ruling applies to Notification Regarding Administrative the People’s Republic of China (China), all shipments of merchandise subject to Protective Orders are circumventing the antidumping duty these inquiries entered on or after the 4 This notice also serves as the only (AD) and countervailing duty (CVD) date of the initiation of these inquiries. reminder to parties subject to orders on CORE from China. 2 See Certain Corrosion-Resistant Steel Products administrative protective order (APO) of DATES: Applicable June 7, 2021. their responsibility concerning the from India, Italy, the People’s Republic of China, FOR FURTHER INFORMATION CONTACT: Joy the Republic of Korea and Taiwan: Amended Final return or destruction of proprietary Affirmative Antidumping Determination for India information disclosed under an APO in Zhang, AD/CVD Operations, Office III, and Taiwan, and Antidumping Duty Orders, 81 FR accordance with 19 CFR 351.305. Enforcement and Compliance, 48390 (July 25, 2016); see also Certain Corrosion- Resistant Steel Products from India, Italy, Republic Timely notification of the return or International Trade Administration, U.S. Department of Commerce, 1401 of Korea and the People’s Republic of China: destruction of APO materials, or Countervailing Duty Order, 81 FR 48387 (July 25, conversion to judicial protective orders, Constitution Avenue NW, Washington, 2016) (collectively, China CORE Orders). is hereby requested. Failure to comply DC 20230; telephone: (202) 482–1168. 3 See Memorandum, ‘‘Issues and Decision SUPPLEMENTARY INFORMATION: Memorandum for the Anti-Circumvention Inquiries with the regulations and terms of an Involving Malaysia of the Antidumping and APO is a violation which is subject to Background Countervailing Duty Orders on Certain Corrosion- sanction. Resistant Steel Products from the People’s Republic On February 18, 2020, Commerce of China,’’ dated concurrently with, and hereby Notification to Interested Parties published the Preliminary adopted by, this notice (Issues and Decision Determination 1 of circumvention of the Memorandum). These final results and notice are 4 See Corrosion-Resistant Steel Products from the being issued and published in People’s Republic of China: Initiation of Anti- accordance with sections 751(c), 752(c), 1 See Certain Corrosion-Resistant Steel Products Circumvention Inquiries on the Antidumping Duty and 777(i)(1) of the Act, and 19 CFR from the People’s Republic of China: Affirmative and Countervailing Duty Orders, 84 FR 43585 Preliminary Determination of Circumvention (August 21, 2019) (Initiation Notice), and 351.218(f)(3) and 351.221(c)(5). Involving Malaysia, 85 FR 8823 (February 18, 2020) accompanying Memorandum, ‘‘Certain Corrosion- (Preliminary Determination), and accompanying Resistant Steel Products from the People’s Republic 7 See Order, 75 FR at 69052. Preliminary Decision Memorandum. Continued

VerDate Sep<11>2014 17:36 Jun 04, 2021 Jkt 253001 PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 E:\FR\FM\07JNN1.SGM 07JNN1 khammond on DSKJM1Z7X2PROD with NOTICES 30264 Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Notices

Importers and exporters of CORE parties, we made no revisions to the requirements.8 Accordingly, if an produced in Malaysia using: (1) HRS Preliminary Determination with regard importer imports CORE produced in manufactured in Malaysia or other third to our analysis under the anti- Malaysia and claims that the CORE was countries, (2) CRS manufactured in circumvention factors of section 781(b) produced from non-Chinese HRS or CRS Malaysia using HRS produced in of the Act. We have made certain substrate, in order not to be subject to Malaysia or other third countries, or (3) changes to the language in the AD and/or CVD requirements, the CRS manufactured in other third certifications to provide guidance on importer and exporter are required to countries, must certify that the HRS who should complete the exporter meet the certification and and/or CRS processed into CORE in certification, and to allow importers and documentation requirements described Malaysia did not originate in China, as exporters to clearly identify the parties in Appendices II, III, and IV. The party provided for in the certifications involved in the sale(s) involving the that made the sale to the United States attached to this Federal Register notice. export to the United States. should fill out the exporter certification. Otherwise, their merchandise will be In the situation where no certification subject to AD and CVD requirements. Final Affirmative Determination of is provided for an entry, and AD/CVD Circumvention orders on CORE from China or the AD Methodology We determine that exports to the order on CORE from Taiwan potentially Commerce is conducting these anti- United States of CORE completed in apply to that entry, Commerce intends circumvention inquiries in accordance Malaysia from HRS and/or CRS to instruct CBP to suspend liquidation with section 781(b) of the Tariff Act of substrate manufactured in China are of the entry and collect cash deposits at 1930, as amended (the Act). Because circumventing the China CORE Orders. the rates applicable under the China China is a non-market economy, within We therefore find it appropriate to CORE Orders (i.e., the AD rate the meaning of section 771(18) of the determine that merchandise subject to established for the China-wide entity 5 Act, Commerce calculated the value of these inquiries should be considered to (199.43 percent) and the CVD rate Chinese-origin input costs using prices be within the scope of the China CORE established for all-other Chinese of factors of production and market Orders, and to instruct U.S. Customs producers/exporters (39.05 percent)).9 economy values, as discussed in section and Border Protection (CBP) to continue This is to prevent evasion, given that the 773(c) of the Act. Because certain to suspend liquidation of any entries of rates applicable to the AD/CVD orders interested parties did not cooperate to CORE completed in Malaysia using HRS on CORE from China are higher than the the best of their abilities in responding and/or CRS substrate manufactured in all-others rate established by the AD to Commerce’s requests for information, China. order on CORE from Taiwan. In the we continue to base parts of our final situation where a certification is determination on the facts available, Continuation of Suspension of provided for the AD/CVD orders on with adverse inferences, pursuant to Liquidation CORE from China (stating that the 6 sections 776(a) and (b) of the Act. The As stated above, Commerce has made merchandise was not produced from Preliminary Decision Memorandum an affirmative determination of HRS and/or CRS from China), but no contains a full description of the circumvention of the China CORE other certification is provided, then methodology.7 We incorporate by Orders by exports to the United States Commerce intends to instruct CBP to reference this description of the of CORE completed in Malaysia using suspend the entry and collect cash methodology for our final Chinese-origin HRS and/or CRS deposits at the AD all-others rate determination. substrate. In accordance with 19 CFR applicable under the AD order on CORE Analysis of Comments Received 351.225(1)(3), Commerce will direct from Taiwan (i.e., 3.66 percent). Further, for this final determination, All issues raised in the case and CBP to continue to suspend liquidation and to require a cash deposit of we continue to determine that the rebuttal briefs by parties in these following companies are not eligible for inquiries are addressed in the Issues and estimated duties on unliquidated entries of CORE completed in Malaysia using the certification process: FIW Steel Sdn Decision Memorandum. A list of the Bhd; Hsin Kuang Steel Co Ltd; Nippon issues raised is attached to this notice as Chinese-origin HRS and/or CRS substrate that were entered, or EGalv Steel Sdn Bhd; NS BlueScope Appendix I. Malaysia Sdn Bhd; and YKGI/Yung Based on our analysis of the withdrawn from warehouse, for Kong Galv. Ind/Starshine Holdings Sdn comments received from interested consumption on or after August 12, 2019, the date of initiation of these anti- Bhd/ASTEEL Sdn. Bhd. (YKGI Group) (collectively non-responsive of China: Initiation of Anti-Circumvention Inquiries circumvention inquiries. The 10 on the Antidumping Duty and Countervailing Duty suspension of liquidation and cash companies). Accordingly, importers of Orders,’’ dated August 12, 2019. deposit instructions will remain in CORE from Malaysia produced and/or 5 See, e.g., Antidumping Duty Investigation of effect until further notice. exported by these ineligible companies Certain Aluminum Foil from the People’s Republic are similarly ineligible for the of China: Affirmative Preliminary Determination of CORE produced in Malaysia from Sales at Less-Than-Fair Value and Postponement of HRS or CRS substrate that is not of certification process with regard to Final Determination, 82 FR 50858, 50861 Chinese-origin is not subject to these imports of CORE produced by, or (November 2, 2017), and accompanying Preliminary inquiries. However, imports of such sourced from, these companies. Decision Memorandum at ‘‘China’s Status as a Non- Additionally, exporters are not eligible Market Economy,’’ unchanged in Certain merchandise are subject to certification Aluminum Foil from the People’s Republic of requirements, and cash deposits may be to certify shipments of merchandise China: Final Determination of Sales at Less Than required if the certification 8 Fair Value, 83 FR 9282 (March 5, 2018). requirements are not satisfied. See Federal Register notice, ‘‘Certain Corrosion 6 See Issues and Decision Memorandum. Resistant Steel Products from Taiwan: Affirmative 7 See Memorandum, ‘‘Preliminary Decision Additionally, CORE completed in Final Determination of Anti-Circumvention Inquiry Memorandum for the Anti-Circumvention Inquiries Malaysia from HRS and/or CRS from on the Antidumping Duty Order,’’ dated of the Antidumping Duty and Countervailing Duty Taiwan also has been found to be concurrently with this notice. Orders on Certain Corrosion-Resistant Steel circumventing the AD order on CORE 9 See China CORE Orders. Products from the People’s Republic of China,’’ 10 See Preliminary Determination, 85 FR at 8823, dated February 7, 2020 (Preliminary Decision from Taiwan and such merchandise is and accompanying Preliminary Decision Memorandum). subject to similar certification Memorandum at 5 and 11.

VerDate Sep<11>2014 17:36 Jun 04, 2021 Jkt 253001 PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 E:\FR\FM\07JNN1.SGM 07JNN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Notices 30265

produced by the above-listed and all supporting documentation. Where the CVD rate established for all-other Chinese companies. Accordingly, CBP shall importer uses a broker to facilitate the entry producers/exporters (39.05 percent)). In the suspend the entry and collect cash process, it should obtain the entry summary situation where a certification is provided for deposits for entries of merchandise number from the broker. Agents of the the AD/CVD orders on CORE from China importer, such as brokers, however, are not (stating that the merchandise was not produced and/or exported by these non- permitted to make this certification on behalf produced from HRS and/or CRS from China), responsive companies at the AD rate of the importer. but no other certification is provided, then established for the China-wide entity The exporter of such merchandise is Commerce intends to instruct CBP to (199.43 percent) and the CVD rate required to complete and maintain the suspend the entry and collect cash deposits established for all other Chinese exporter certification, attached as Appendix at the AD all-others rate applicable under the producers and/or exporters (39.05 IV, and is further required to provide the AD order on CORE from Taiwan (i.e., 3.66%). importer a copy of that certification and all percent), pursuant to the China CORE Appendix III Orders. supporting documentation. The party that made the sale to the United States should fill Importer Certification out the exporter certification. Notification Regarding Administrative I hereby certify that: Protective Order For any such certifications completed on { the date of publication of this final (A) My name is IMPORTING COMPANY This notice will serve as the only OFFICIAL’S NAME} and I am an official of determination through 20 days after the date { } reminder to all parties subject to of publication, exporters and importers NAME OF IMPORTING COMPANY , located at {ADRESS OF IMPORTING administrative protective order (APO) of should use the certifications attached to the } Preliminary Determination. For any such COMPANY . their responsibility concerning the (B) I have direct personal knowledge of the destruction of proprietary information certifications completed on or after 21 days after the date of publication of this final facts regarding the importation into the disclosed under APO in accordance Customs territory of the United States of the with 19 CFR 351.305(a)(3). Timely determination, exporters and importers should use the certifications contained below corrosion resistant steel products produced written notification of return/ that have changed from the certifications in Malaysia that entered under entry destruction of APO materials or issued with the Preliminary Determination. number(s), identified below, and which are conversion to judicial protective order is For entries on or after the date of covered by this certification. ‘‘Direct personal hereby requested. Failure to comply publication of this notice in the Federal knowledge’’ refers to facts the certifying party with the regulations and the terms of an Register, for which certifications are is expected to have in its own records. For example, the importer should have direct APO is a sanctionable violation. required, importers should complete the required certification at or prior to the date personal knowledge of the importation of the Notification to Interested Parties of entry summary, and exporters should product (e.g., the name of the exporter) in its records. This determination is issued and complete the required certification and provide it to the importer at or prior to the (C) If the importer is acting on behalf of the published in accordance with section first U.S. customer, complete this paragraph; 781(b) of the Act and 19 CFR 351.225(f). date of shipment. For all such entries made within the first 20 days after publication of if not, put ‘‘NA’’ at the end of this paragraph: Dated: June 1, 2021. this notice, exporters and importers should The corrosion resistant steel products covered by this certification were imported Christian Marsh, use the certifications attached to the { } Preliminary Determination. For all entries by NAME OF IMPORTING COMPANY on Acting Assistant Secretary for Enforcement behalf of {NAME OF U.S. CUSTOMER}, and Compliance. made on or after 21 days after publication of { } this notice, exporters and importers should located at ADDRESS OF U.S. CUSTOMER . Appendix I use the certifications contained below that (D) The corrosion resistant steel products have changed from the certifications issued covered by this certification were shipped to List of Topics Discussed in the Issues and { with the Preliminary Determination. NAME OF PARTY TO WHOM Decision Memorandum The importer and exporter are also MERCHANDISE WAS FIRST SHIPPED IN I. Summary THE UNITED STATES}, located at required to maintain sufficient { } II. Background documentation supporting their ADDRESS OF SHIPMENT . III. Scope of the Orders certifications. The importer will not be (E) I have personal knowledge of the facts IV. Scope of the Anti-Circumvention required to submit the certifications or regarding the production of the corrosion Inquiries supporting documentation to U.S. Customs resistant steel products identified below. V. Verification and Border Protection (CBP) as part of the ‘‘Personal knowledge’’ includes facts VI. Use of Facts Available With an Adverse entry process at this time. However, the obtained from another party (e.g., Inference importer and the exporter will be required to correspondence received by the importer (or VII. Changes Since the Preliminary present the certifications and supporting exporter) from the producer regarding the Determination documentation to Commerce and/or CBP, as country of manufacture of the imported VIII. Statutory Framework applicable, upon request by the respective products). IX. Statutory Analysis agency. Additionally, the claims made in the (F) The corrosion resistant steel products X. Discussion of the Issues certifications and any supporting covered by this certification were not Comment: Whether CSC Steel Sdn Bhd documentation are subject to verification by manufactured using hot-rolled steel and/or (CSCM) Should be Excluded From Any Commerce and/or CBP. The importer and cold-rolled steel substrate produced in China. Remedies Imposed Under the Anti- exporter are required to maintain the (G) This certification applies to the Circumvention Inquiry certifications and supporting documentation following entries (repeat this block as many XI. Recommendation for the later of: (1) A period of five years from times as necessary): Appendix II the date of entry or (2) a period of three years Entry Summary #: after the conclusion of any litigation in Entry Summary Line Item #: Certification Requirements United States courts regarding such entries. Foreign Seller: If an importer imports certain corrosion- In the situation where no certification is Foreign Seller’s address: resistant steel products (CORE) from maintained for an entry, and AD/CVD orders Foreign Seller’s Invoice #: Malaysia and claims that the CORE was not on CORE from China or the AD order on Foreign Seller’s Invoice Line Item #: produced from hot-rolled steel and/or cold- CORE from Taiwan potentially apply to that Producer: rolled steel substrate (substrate) entry, Commerce intends to instruct CBP to Producer’s Address: manufactured in the People’s Republic of suspend the entry and collect cash deposits (H) I understand that {NAME OF China (China), the importer is required to at the rate applicable under the China CORE IMPORTING COMPANY} is required to complete and maintain the importer Orders (i.e., the AD rate established for the maintain a copy of this certification and certification attached hereto as Appendix III China-wide entity (199.43 percent) and the sufficient documentation supporting this

VerDate Sep<11>2014 17:36 Jun 04, 2021 Jkt 253001 PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 E:\FR\FM\07JNN1.SGM 07JNN1 khammond on DSKJM1Z7X2PROD with NOTICES 30266 Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Notices

certification (i.e., documents maintained in lllllllllllllllllllll substantiate the claims made herein, and/or the normal course of business, or documents TITLE failure to allow CBP and/or Commerce to obtained by the certifying party, for example, lllllllllllllllllllll verify the claims made herein, may result in mill certificates, production records, DATE a de facto determination that all sales to invoices, etc.) for the later of: (1) A period of which this certification applies are within five years from the date of entry or (2) a Appendix IV the scope of the antidumping/countervailing period of three years after the conclusion of Exporter Certification duty order on corrosion resistant steel any litigation in the United States courts products from China. I understand that such regarding such entries. Special Instructions: The party that made finding will result in: (I) I understand that {NAME OF the sale to the United States should fill out (i) Suspension of all unliquidated entries IMPORTING COMPANY} is required to the exporter certification. (and entries for which liquidation has not provide this certification and supporting I hereby certify that: become final) for which these requirements { records, upon request, to U.S. Customs and (A) My name is COMPANY OFFICIAL’S were not met; and } { NAME and I am an official of NAME OF (ii) the requirement that the importer post Border Protection (CBP) and/or the } { } Department of Commerce (Commerce). COMPANY , located at ADDRESS ; applicable antidumping duty and/or (J) I understand that {NAME OF (B) I have direct personal knowledge of the countervailing duty cash deposits (as IMPORTING COMPANY} is required to facts regarding the production and appropriate) equal to the rates as determined maintain a copy of the exporter’s certification exportation of the corrosion resistant steel by Commerce; and (attesting to the production and/or export of products identified below. ‘‘Direct personal (iii) the revocation of {NAME OF the imported merchandise identified above), knowledge’’ refers to facts the certifying party EXPORTING COMPANY}’s privilege to and any supporting records provided by the is expected to have in its own books and certify future exports of corrosion resistant records. For example, an exporter should exporter to the importer, for the later of: (1) steel products from Malaysia as not have direct personal knowledge of the A period of five years from the date of entry manufactured using hot-rolled steel and/or producer’s identity and location. or (2) a period of three years after the cold-rolled steel substrate from China. (C) The corrosion resistant steel products conclusion of any litigation in United States (K) This certification was completed at or produced in Malaysia and covered by this courts regarding such entries. certification were not manufactured using prior to the date of shipment. (K) I understand that {NAME OF hot-rolled steel and/or cold-rolled steel (L) I am aware that U.S. law (including, but IMPORTING COMPANY}is required, upon substrate produced in China. not limited to, 18 U.S.C. 1001) imposes request, to provide a copy of the exporter’s (D) This certification applies to the criminal sanctions on individuals who certification and any supporting records following sales to {NAME OF U.S. knowingly and willfully make material false provided by the exporter to the importer, to CUSTOMER}, located at {ADDRESS OF U.S. statements to the U.S. government. CBP and/or Commerce. CUSTOMER} (repeat this block as many lllllllllllllllllllll (L) I understand that the claims made times as necessary): Signature herein, and the substantiating lllllllllllllllllllll documentation, are subject to verification by Foreign Seller’s Invoice # to U.S. Customer: CBP and/or Commerce. Foreign Seller’s Invoice to U.S. Customer NAME OF COMPANY OFFICIAL (M) I understand that failure to maintain Line item #: lllllllllllllllllllll the required certifications, and/or failure to Producer Name: TITLE substantiate the claims made herein, and/or Producer’s Address: lllllllllllllllllllll Producer’s Invoice # to Foreign Seller: (If the failure to allow CBP and/or Commerce to DATE verify the claims made herein, may result in foreign seller and the producer are the [FR Doc. 2021–11849 Filed 6–4–21; 8:45 am] a de facto determination that all entries to same party, put NA here.) which this certification applies are within (E) The corrosion resistant steel products BILLING CODE 3510–DS–P the scope of the antidumping/countervailing covered by this certification were shipped to duty order on corrosion resistant steel {NAME OF U.S. PARTY TO WHOM products from China. I understand that such MERCHANDISE WAS SHIPPED}, located at DEPARTMENT OF COMMERCE { finding will result in: U.S. ADDRESS TO WHICH MERCHANDISE } (i) Suspension of liquidation of all WAS SHIPPED . National Oceanic and Atmospheric { unliquidated entries (and entries for which (F) I understand that NAME OF Administration } liquidation has not become final) for which EXPORTING COMPANY is required to these requirements were not met; maintain a copy of this certification and [RTID 0648–XB006] (ii) the requirement that the importer post sufficient documentation supporting this applicable antidumping duty and/or certification (i.e., documents maintained in Takes of Marine Mammals Incidental to countervailing duty cash deposits (as the normal course of business, or documents Specified Activities; Taking Marine appropriate) equal to the rates determined by obtained by the certifying party, for example, Mammals Incidental to Marine Site Commerce; and mill certificates, production records, Characterization Surveys Off of (iii) the revocation of {NAME OF invoices, etc.) for the later of: (1) A period of Massachusetts and Rhode Island IMPORTING COMPANY}’s privilege to five years from the date of entry or (2) a certify future imports of corrosion resistant period of three years after the conclusion of AGENCY: National Marine Fisheries steel products from Malaysia as not any litigation in the United States courts Service (NMFS), National Oceanic and manufactured using hot-rolled steel and/or regarding such entries. (G) I understand that {NAME OF Atmospheric Administration (NOAA), cold-rolled steel substrate from China. } Commerce. (N) I understand that agents of the EXPORTING COMPANY must provide a ACTION: Notice; proposed incidental importer, such as brokers, are not permitted copy of this Exporter Certification to the U.S. to make this certification. importer by the date of shipment; harassment authorization; request for (H) I understand that {NAME OF comments on proposed authorization (O) This certification was completed at or } prior to the date of entry summary. EXPORTING COMPANY is required to and possible renewal. (P) I am aware that U.S. law (including, but provide a copy of this certification and supporting records, upon request, to U.S. not limited to, 18 U.S.C. 1001) imposes SUMMARY: NMFS has received a request Customs and Border Protection (CBP) and/or criminal sanctions on individuals who from Vineyard Wind 1, LLC (Vineyard the Department of Commerce (Commerce). knowingly and willfully make material false Wind 1) for authorization to take marine (I) I understand that the claims made statements to the U.S. government. mammals incidental to marine site herein, and the substantiating lllllllllllllllllllll documentation, are subject to verification by characterization surveys off of Signature CBP and/or Commerce. Massachusetts and Rhode Island. lllllllllllllllllllll (J) I understand that failure to maintain the Pursuant to the Marine Mammal NAME OF COMPANY OFFICIAL required certification, and/or failure to Protection Act (MMPA), NMFS is

VerDate Sep<11>2014 17:36 Jun 04, 2021 Jkt 253001 PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 E:\FR\FM\07JNN1.SGM 07JNN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Notices 30267

requesting comments on its proposal to intentional, taking of small numbers of IHA to take marine mammals incidental issue an incidental harassment marine mammals by U.S. citizens who to marine site characterization surveys authorization (IHA) to incidentally take engage in a specified activity (other than off of Massachusetts and Rhode Island marine mammals during the specified commercial fishing) within a specified for the 501 North wind energy project. activities. NMFS is also requesting geographical region if certain findings The application was deemed adequate comments on a possible one-time, one- are made and either regulations are and complete on May 19, 2021. year renewal that could be issued under issued or, if the taking is limited to Vineyard Wind 1’s request is for take of certain circumstances and if all harassment, a notice of a proposed a small number of 14 species of marine requirements are met, as described in incidental take authorization may be mammals by Level B harassment only. Request for Public Comments at the end provided to the public for review. Neither Vineyard Wind 1 nor NMFS of this notice. NMFS will consider Authorization for incidental takings expects serious injury or mortality to public comments prior to making any shall be granted if NMFS finds that the result from this activity and, therefore, final decision on the issuance of the taking will have a negligible impact on an IHA is appropriate. requested MMPA authorizations and the species or stock(s) and will not have NMFS previously issued an IHA to agency responses will be summarized in an unmitigable adverse impact on the Vineyard Wind LLC (Vineyard Wind) the final notice of our decision. availability of the species or stock(s) for for similar marine site characterization DATES: Comments and information must taking for subsistence uses (where surveys (85 FR 42357; July 14, 2020), be received no later than July 7, 2021. relevant). Further, NMFS must prescribe and NMFS has received a request from the permissible methods of taking and ADDRESSES: Comments should be Vineyard Wind for a renewal of that other ‘‘means of effecting the least addressed to Jolie Harrison, Chief, IHA. practicable adverse impact’’ on the Permits and Conservation Division, Since issuance of Vineyard Wind’s affected species or stocks and their Office of Protected Resources, National previous IHA (85 FR 42357; July 14, habitat, paying particular attention to Marine Fisheries Service. Written 2020), Vineyard Wind has split into rookeries, mating grounds, and areas of comments should be submitted via separate corporate entities, Vineyard similar significance, and on the email to [email protected]. Wind (to which the previous IHA was Instructions: NMFS is not responsible availability of the species or stocks for issued), and Vineyard Wind 1, which for comments sent by any other method, taking for certain subsistence uses holds assets associated with the 501 to any other address or individual, or (referred to in shorthand as North wind energy project. Therefore, received after the end of the comment ‘‘mitigation’’); and requirements although the surveys analyzed in this period. Comments, including all pertaining to the mitigation, monitoring proposed IHA to Vineyard Wind 1 attachments, must not exceed a 25- and reporting of the takings are set forth. would occur in an area that overlaps The definitions of all applicable megabyte file size. All comments with a portion of the project area MMPA statutory terms cited above are received are a part of the public record included in the previous Vineyard Wind included in the relevant sections below. and will generally be posted online at IHA (and potentially a renewal, if https://www.fisheries.noaa.gov/ National Environmental Policy Act appropriate), this proposed IHA would be issued to a separate corporate entity national/marine-mammal-protection/ To comply with the National (Vineyard Wind 1). incidental-take-authorizations-other- Environmental Policy Act of 1969 energy-activities-renewable without (NEPA; 42 U.S.C. 4321 et seq.) and Description of Proposed Activity change. All personal identifying NOAA Administrative Order (NAO) Overview information (e.g., name, address) 216–6A, NMFS must review our voluntarily submitted by the commenter proposed action (i.e., the issuance of an As part of its overall marine site may be publicly accessible. Do not IHA) with respect to potential impacts characterization survey operations, submit confidential business on the human environment. This action Vineyard Wind 1 proposes to conduct information or otherwise sensitive or is consistent with categories of activities high-resolution geophysical (HRG) protected information. identified in Categorical Exclusion B4 surveys in the Lease Area and along the FOR FURTHER INFORMATION CONTACT: (IHAs with no anticipated serious injury Offshore Export Cable Corridor (OECC) Leah Davis, Office of Protected or mortality) of the Companion Manual off of Massachusetts and Rhode Island. Resources, NMFS, (301) 427–8401. for NOAA Administrative Order 216– The purpose of the marine site Electronic copies of the application and 6A, which do not individually or characterization surveys is to obtain a supporting documents, as well as a list cumulatively have the potential for baseline assessment of seabed/sub- of the references cited in this document, significant impacts on the quality of the surface soil conditions in the Lease Area may be obtained online at: https:// human environment and for which we and cable route corridors to support the www.fisheries.noaa.gov/national/ have not identified any extraordinary siting of potential future offshore wind marine-mammal-protection/incidental- circumstances that would preclude this projects. Underwater sound resulting take-authorizations-other-energy- categorical exclusion. Accordingly, from Vineyard Wind 1’s proposed site activities-renewable. In case of problems NMFS has preliminarily determined characterization survey activities, accessing these documents, please call that the issuance of the proposed IHA specifically HRG surveys, has the the contact listed above. qualifies to be categorically excluded potential to result in incidental take of SUPPLEMENTARY INFORMATION: from further NEPA review. marine mammals in the form of We will review all comments behavioral harassment. Background submitted in response to this notice Dates and Duration The MMPA prohibits the ‘‘take’’ of prior to concluding our NEPA process marine mammals, with certain or making a final decision on the IHA The total duration of HRG survey exceptions. Sections 101(a)(5)(A) and request. activities would be approximately 170 (D) of the MMPA (16 U.S.C. 1361 et survey days. Each day that a survey seq.) direct the Secretary of Commerce Summary of Request vessel is operating counts as a single (as delegated to NMFS) to allow, upon On January 29, 2021, NMFS received survey day, e.g., two survey vessels request, the incidental, but not a request from Vineyard Wind 1 for an operating on the same day count as two

VerDate Sep<11>2014 17:36 Jun 04, 2021 Jkt 253001 PO 00000 Frm 00018 Fmt 4703 Sfmt 4703 E:\FR\FM\07JNN1.SGM 07JNN1 khammond on DSKJM1Z7X2PROD with NOTICES 30268 Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Notices

survey days. This schedule is based on Specific Geographic Region from about 35 to 60 meters (m) (115 to assumed 24-hour operations. Vineyard Vineyard Wind 1’s proposed survey 197 feet (ft)). Water depths along the Wind 1 proposes to begin survey activities would occur in the Lease potential OECC route range from 2.5 to activities in summer 2021, upon receipt Area, located approximately 24 approximately 35 m (8 to approximately of an IHA, and continue for up to one kilometers (km) (13 nautical miles 115 ft). For the purpose of this IHA, the year (though the actual duration will (nmi)) from the southeast corner of Lease Area and OECC are collectively likely be shorter, particularly given the Martha’s Vineyard, and along the OECC referred to as the project area. The use of multiple vessels). The IHA would route (landfall) in both Federal and project area for this proposed IHA be effective for one year from the date State waters of Massachusetts (see overlaps with the project area for of issuance. Figure 1). The OECC routes will extend Vineyard Wind’s previous IHA (85 FR from the lease areas to shallow water 42357; July 14, 2020) for which areas near potential landfall locations. Vineyard Wind has submitted a renewal Water depths in the Lease Area range request.

W'O.QOO'W 73"30.000'W 73"0.000'W 72"30.000'W no0.000'W 71"30.000'W 71'0.000'W 70"30.000'W 70'0.000'W 69"30.000'W I D Potential survey t D Vineyard Wind 0501 lease area I.. ® 0 25 50km 0 10 20NM

73"30,000'W 73'0.000'W 72"30.000'W 72'0.000'W 71"30.000'W 71'0.000'W 70"30.ooo'W 10'0,000'W 69'30.000'W

Figure 1-- Potential Survey Area

Detailed Description of Specific Activity profiler (SBP), CHIRP SBP, boomers, or of approximately 4 knots (2.1 m/second) sparkers. HRG survey activities are while surveying, which equates to 181 Vineyard Wind 1 proposes to conduct anticipated to include multiple survey km per 24-hour period. However, based HRG survey operations, including single vessels (up to eight, depending on the on past survey experience (i.e., and multibeam depth sounding, season), which may operate knowledge of typical daily downtime magnetic intensity measurements, concurrently, though surveys will be due to weather, system malfunctions, seafloor imaging, and shallow and spaced to avoid geophysical interference etc.), Vineyard Wind 1 assumes 80 km medium penetration sub bottom with one another. Vineyard Wind 1 as the average daily distance. profiling. The HRG surveys may be assumes that HRG survey activities Acoustic sources planned for use conducted using any or all of the would be conducted continuously 24 during HRG survey activities proposed following equipment types: Side scan by Vineyard Wind 1 include the hours per day, with an assumed daily sonar, single and multibeam following: echosounders, magnetometers and survey distance of 80 km (43 nmi). • Shallow Penetration Sub-bottom gradiometers, parametric sub-bottom Survey vessels would maintain a speed Profilers (SBP; Chirps) to map the near-

VerDate Sep<11>2014 17:36 Jun 04, 2021 Jkt 253001 PO 00000 Frm 00019 Fmt 4703 Sfmt 4703 E:\FR\FM\07JNN1.SGM 07JNN1 khammond on DSKJM1Z7X2PROD with NOTICES EN07JN21.000 Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Notices 30269

surface stratigraphy (top 0 to 5 m (0 to generate short, very narrow-beam (1° to frequencies >180 kHz and are therefore 16 ft)) of sediment below seabed). A 3.5°) signals at high frequencies outside the general hearing range of chirp system emits sonar pulses that (generally around 85–100 kHz). The marine mammals; increase in frequency from about 2 to 20 narrow beamwidth significantly reduces • Side-scan Sonar (SSS) is used for kHz over time. The pulse length the potential that a marine mammal seabed sediment classification purposes frequency range can be adjusted to meet could be exposed to the signal, while and to identify natural and man-made project variables. These sources are the high frequency of operation means acoustic targets on the seafloor. The typically mounted on the hull of the that the signal is rapidly attenuated in proposed SSSs all have operating vessel or from a side pole; seawater. These sources are typically frequencies >180 kHz and are therefore • Medium Penetration SBPs (Boomers mounted on the hull of the vessel or outside the general hearing range of and Sparkers) to map deeper subsurface from a side pole rather than towed marine mammals; and stratigraphy as needed. A boomer is a behind the vessel; • Magnetometer/Gradiometer has an broadband sound source operating in • Ultra-Short Baseline (USBL) operating frequency >180 kHz and is the 3.5 Hz to 10 kHz frequency range. positioning systems are used to provide therefore outside the general hearing Sparkers create acoustic pulses from 50 high accuracy ranges by measuring the range of marine mammals. Hz to 4 kHz omnidirectionally from the time between the acoustic pulses Table 1 identifies the representative source that can penetrate several transmitted by the vessel transceiver survey equipment with the expected hundred meters into the seafloor. These and the equipment transponder (or potential to result in exposure of marine sources are typically towed behind the beacon) necessary to produce the mammals and potentially result in take. vessel. acoustic profile. It is a two-component The make and model of the listed Operation of the following survey system with a hull or pole mounted geophysical equipment may vary equipment types is not reasonably transceiver and one or several depending on availability and the final expected to present risk of marine transponders either on the seabed or on equipment choices will vary depending mammal take, and will not be discussed the equipment. USBLs are expected to on the final survey design, vessel further beyond the brief summaries produce extremely small acoustic availability, and survey contractor provided below; propagation distances in their typical selection. • Parametric SBPs, also called operating configuration; HRG surveys are expected to use sediment echosounders, for providing • Single beam and Multibeam several equipment types concurrently in high data density in sub-bottom profiles Echosounders (MBESs) to determine order to collect multiple aspects of that are typically required for cable water depths and general bottom geophysical data along one transect. routes, very shallow water, and topography. The proposed single beam Selection of equipment combinations is archaeological surveys. These sources and MBES all have operating based on specific survey objectives.

TABLE 1—SUMMARY OF REPRESENTATIVE HRG EQUIPMENT

In-beam source level Frequency Beam width Pulse duration Repetition rate (dB) System (kHz) (°) (ms) (Hz) RMS I Pk Shallow subbottom profiler (non-impulsive)

EdgeTech Chirp 216 ...... 2–16 65 2 3.75 178 182

Deep seismic profiler (impulsive)

Applied Acoustics AA251 Boomer ...... 0.2–15 180 0.8 2 205 212 GeoMarine Geo Spark 2000 ...... (400 tip) ...... 0.05–3 180 3.4 1 203 213 Note: While many of these sources overlap with Vineyard Wind’s previous IHA (85 FR 42357; July 14, 2020), the operating parameters used as proxies in modeling some sources were changed as a result of HRG modeling recommendations from NMFS. For data source information, please see Table A–3 in Vineyard Wind 1’s application.

Proposed mitigation, monitoring, and Assessment Reports (SARs; https:// potential biological removal (PBR), reporting measures are described in www.fisheries.noaa.gov/national/ where known. For taxonomy, we follow detail later in this document (see marine-mammal-protection/marine- the Committee on Taxonomy (2020). Proposed Mitigation and Proposed mammal-stock-assessments) and more PBR is defined by the MMPA as the Monitoring and Reporting). general information about these species maximum number of animals, not (e.g., physical and behavioral including natural mortalities, that may Description of Marine Mammals in the descriptions) may be found on NMFS’s Area of Specified Activities be removed from a marine mammal website (https:// stock while allowing that stock to reach Sections 3 and 4 of the application www.fisheries.noaa.gov/find-species). or maintain its optimum sustainable summarize available information Table 2 lists all species or stocks for population (as described in NMFS’s regarding status and trends, distribution which take is expected and proposed to SARs). While no mortality is anticipated and habitat preferences, and behavior be authorized for this action, and or authorized here, PBR and annual and life history, of the potentially summarizes information related to the serious injury and mortality from affected species. Additional information population or stock, including anthropogenic sources are included here regarding population trends and threats regulatory status under the MMPA and as gross indicators of the status of the may be found in NMFS’s Stock Endangered Species Act (ESA) and species and other threats.

VerDate Sep<11>2014 17:36 Jun 04, 2021 Jkt 253001 PO 00000 Frm 00020 Fmt 4703 Sfmt 4703 E:\FR\FM\07JNN1.SGM 07JNN1 khammond on DSKJM1Z7X2PROD with NOTICES 30270 Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Notices

Marine mammal abundance estimates some species, this geographic area may at: https://www.fisheries.noaa.gov/ presented in this document represent extend beyond U.S. waters. All managed national/marine-mammal-protection/ the total number of individuals that stocks in this region are assessed in draft-marine-mammal-stock- make up a given stock or the total NMFS’s U.S. Atlantic and Gulf of assessment-reports). The most recent number estimated within a particular Mexico SARs. All values presented in North Atlantic right whale stock study or survey area. NMFS’s stock Table 2 are the most recent available at abundance estimate is presented in abundance estimates for most species the time of publication and, except for NOAA Technical Memorandum NMFS– represent the total estimate of North Atlantic right whale, are available NE–269 (Pace 2021). individuals within the geographic area, in the 2019 SARs (Hayes et al., 2020) if known, that comprises that stock. For and draft 2020 SARs (available online TABLE 2—MARINE MAMMALS LIKELY TO OCCUR IN THE PROJECT AREA THAT MAY BE AFFECTED BY VINEYARD WIND 1’S PROPOSED ACTIVITY

ESA/ MMPA Stock abundance Common name Scientific name Stock status; (CV, N , most recent PBR Annual min M/SI 3 strategic abundance survey) 2 I (Y/N) 1 I Order Cetartiodactyla—Cetacea—Superfamily Mysticeti (baleen whales)

Family Balaenidae: North Atlantic right Eubalaena glacialis ...... Western North Atlantic ...... E/D; Y 368 (NA; 356; 2018) ...... 0.8 18.6 whale 4. Family Balaenopteridae (rorquals): Humpback whale ...... Megaptera novaeangliae ...... Gulf of Maine ...... -/-; Y 1,393 (0.15; 1,375; 2016) .... 22 58 Fin whale ...... Balaenoptera physalus ...... Western North Atlantic ...... E/D; Y 6,802 (0.24; 5,573; 2016) .... 11 2.35 Sei whale ...... Balaenoptera borealis ...... Nova Scotia ...... E/D; Y 6,292 (1.02; 3,098; 2016) .... 6.2 1.2 Minke whale ...... Balaenoptera acutorostrata .. Canadian Eastern Coastal ... -/-; N 21,968 (0.31; 17,002; 2016) 170 10.6

Superfamily Odontoceti (toothed whales, dolphins, and porpoises)

Family Physeteridae: Sperm whale ...... Physeter macrocephalus ...... North Atlantic ...... E; Y 4,349 (0.28; 3,451; 2016) .... 3.9 0 Family Delphinidae: Long-finned pilot whale .. Globicephala melas ...... Western North Atlantic ...... -/-; N 39,215 (0.3; 30,627; 2016) .. 306 21 Bottlenose dolphin ...... Tursiops spp ...... Western North Atlantic Off- -/-; N 62,851 (0.213; 51,914; 2016) 519 28 shore. Common dolphin ...... Delphinus delphis ...... Western North Atlantic ...... -/-; N 172,974 (0.21; 145,216; 1,452 399 2016). Atlantic white-sided dol- Lagenorhynchus acutus ...... Western North Atlantic ...... -/-; N 92,233 (0.71; 54,433; 2016) 544 26 phin. Risso’s dolphin ...... Grampus griseus ...... Western North Atlantic ...... -/-; N 35,493 (0.19; 30,289; 2016) 303 54.3 Family Phocoenidae (porpoises): Harbor porpoise ...... Phocoena phocoena ...... Gulf of Maine/Bay of Fundy -/-; N 95,543 (0.31; 74,034; 2016) 851 217

Order Carnivora—Superfamily Pinnipedia

Family Phocidae (earless seals): Gray seal 5 ...... Halichoerus grypus ...... Western North Atlantic ...... -/-; N 27,131 (0.19; 23,158, 2016) 1,389 4,729 Harbor seal ...... Phoca vitulina ...... Western North Atlantic ...... -/-; N 75,834 (0.15; 66,884, 2012) 2,006 350 1 Endangered Species Act (ESA) status: Endangered (E), Threatened (T)/MMPA status: Depleted (D). A dash (-) indicates that the species is not listed under the ESA or designated as depleted under the MMPA. Under the MMPA, a strategic stock is one for which the level of direct human-caused mortality exceeds PBR or which is determined to be declining and likely to be listed under the ESA within the foreseeable future. Any species or stock listed under the ESA is automatically designated under the MMPA as depleted and as a strategic stock. 2 NMFS marine mammal stock assessment reports online at: https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessments. CV is coefficient of variation; Nmin is the minimum estimate of stock abundance. In some cases, CV is not applicable (NA). 3 These values, found in NMFS’s SARs, represent annual levels of human-caused mortality plus serious injury from all sources combined (e.g., commercial fisheries, ship strike). 4 This is the latest stock abundance estimate and Nmin as presented in Pace (2021). 5 NMFS stock abundance estimate (and associated PBR value) applies to U.S. population only. Total stock abundance (including animals in Canada) is approximately 451,431. The annual M/SI value is given for the total stock.

As indicated above, all 14 species species is not expected to occur. Killer (Stenella longirostris), and hooded seal (with 14 managed stocks) in Table 2 whale (Orcinus orca) Northern (Cystophora cristata), are not expected temporally and spatially co-occur with bottlenose whale (Hyperoodon to occur within the project area based the activity to the degree that take is ampullatus), pygmy killer whale (Feresa on a lack of sightings in the area and reasonably likely to occur. All species attenuata), false killer whale (Pseudorca their known habitat preferences and that could potentially occur in the crassidens), melon-headed whale distributions. The blue whale proposed survey areas are included in (Peponocephala electra), pantropical (Balaenoptera musculus), Cuvier’s Table 2 of the IHA application. spotted dolphin (Stenella attenuata), beaked whale (Ziphius cavirostris), four However, the temporal and/or spatial Fraser’s dolphin (Lagenodelphis hosei), species of Mesoplodont beaked whale occurrence of several species listed in rough-toothed dolphin (Steno (Mesoplodon spp.), dwarf and pygmy Table 2 in Vineyard Wind 1’s IHA bredanensis), Clymene dolphin sperm whale (Kogia sima and Kogia application is such that take of these (Stenella clymene), spinner dolphin breviceps), and striped dolphin

VerDate Sep<11>2014 17:36 Jun 04, 2021 Jkt 253001 PO 00000 Frm 00021 Fmt 4703 Sfmt 4703 E:\FR\FM\07JNN1.SGM 07JNN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Notices 30271

(Stenella coeruleoalba), typically occur and late May. Data indicate that right growth between 1997 and 2000 (Pace et further offshore than the project area, whales occur at elevated densities in the al. 2017). However, since 2010 the while short-finned pilot whales project area south and southwest of population has been in decline, with a (Globicephala macrorhynchus) and Martha’s Vineyard in the spring 99.99 percent probability of a decline of Atlantic spotted dolphins (Stenella (March–May) and south of Nantucket just under 1 percent per year (Pace et al. frontalis) are typically found further during winter (December–February; 2017). Between 1990 and 2015, calving south than the project area (Hayes et al., Roberts et al. 2018; Leiter et al. 2017; rates varied substantially, with low 2020). There are stranding records of Kraus et al. 2016). Consistent calving rates coinciding with all three harp seals (Pagophilus groenlandicus) aggregations of right whales feeding and periods of decline or no growth (Pace et in Massachusetts, but the species possibly mating within or close to these al. 2017). In 2018, no new North typically occurs north of the project area specific areas is such that they have Atlantic right whale calves were and appearances in Massachusetts been considered right whale ‘‘hotspots’’ documented in their calving grounds; usually occur between January and May (Leiter et al. 2017; Kraus et al. 2016). this represented the first time since (Hayes et al., 2020), outside of the Although there is variability in right annual NOAA aerial surveys began in months that Vineyard Wind 1 is most whale distribution patterns among 1989 that no new right whale calves likely to conduct the majority of the years, and some aggregations appear to were observed. However, in 2019 seven survey activities. be ephemeral, an analysis of hot spots right whale calves were identified, 10 in Vineyard Wind observed two white suggests that there is some regularity in 2020, and to date 17 live calves have beaked dolphins during surveys right whale use of the project area been identified in 2021. Data indicates authorized under a previous IHA (85 FR (Kraus et al. 2016). that the number of adult females fell 42357; July 14, 2020). Please see https:// Additionally, numerous Dynamic from 200 in 2010 to 186 in 2015 while www.fisheries.noaa.gov/action/ Management Areas (DMAs) have been males fell from 283 to 272 in the same incidental-take-authorization-vineyard- established in these areas in recent time frame (Pace et al., 2017). wind-llc-marine-site-characterization- years. NMFS may establish DMAs when Elevated North Atlantic right whale surveys for additional information on and where NARWs are sighted outside mortalities have occurred since June 7, this sighting. Except for the single Seasonal Management Areas (SMAs). 2017. A total of 34 confirmed dead observation of white beaked dolphins DMAs are generally in effect for two stranded whales (21 in Canada; 13 in referenced here, no sightings of white weeks. During this time, vessels are the United States), have been beaked dolphins have been reported in encouraged to avoid these areas or documented to date. This event has monitoring reports from issued IHAs in reduce speeds to 10 knots (5.1 m/s) or been declared an Unusual Mortality the same region in recent years, and less while transiting through these Event (UME), with human interactions encounters with the species in the areas. (i.e., entanglements and vessel strikes) survey area remain unlikely. Given the NMFS’s regulations at 50 CFR part identified as the most likely cause. More low likelihood of occurrence of white 224.105 designated nearshore waters of information is available online at: beaked dolphins, NMFS does not the Mid-Atlantic Bight as Mid-Atlantic https://www.fisheries.noaa.gov/ propose to include take of white beaked U.S. SMAs for right whales in 2008. national/marine-life-distress/2017-2021- dolphins in this IHA. As take of these SMAs were developed to reduce the north-atlantic-right-whale-unusual- species is not anticipated as a result of threat of collisions between ships and mortality-event (accessed May 7, 2020). the proposed activities, these species are right whales around their migratory Humpback Whale not discussed further. route and calving grounds. All vessels In addition to what is included in greater than 19.8 m (65 ft) in overall Prior to 2016, humpback whales were Sections 3 and 4 of Vineyard Wind 1’s length must operate at speeds of 10 listed under the ESA as an endangered application, the SARs, and NMFS’s knots (5.1 m/s) or less within these areas species worldwide. Following a 2015 website, further detail informing the during specific time periods. The Block global status review (Bettridge et al., baseline for select species (i.e., Island Sound SMA overlaps with the 2015), NMFS delineated 14 distinct information regarding current Unusual south/east portion of Lease Area OCS– population segments (DPS) with Mortality Events (UME) and important A 0501 and is active between November different listing statuses (81 FR 62259; habitat areas) is provided below. 1 and April 30 each year. September 8, 2016) pursuant to the ESA. The project area overlaps with a right The West Indies DPS, which is not North Atlantic Right Whale whale Biologically Important Area (BIA) listed under the ESA, is the only DPS of The North Atlantic right whale ranges for migration from March to April and humpback whale that is expected to from the calving grounds in the from November to December (LaBrecque occur in the survey area. Bettridge et al. southeastern United States to feeding et al. 2015). Identified right whale (2015) estimated the size of this grounds in New England waters and feeding BIAs occur outside of the population at 12,312 (95 percent CI into Canadian waters (Waring et al., project area (map showing designated 8,688–15,954) whales in 2004–05, 2017). Surveys indicate that there are BIAs is available at: https:// which is consistent with previous seven areas where NARWs congregate cetsound.noaa.gov/biologically- population estimates of approximately seasonally, including Georges Basin important-area-map); however, Oleson 10,000–11,000 whales (Stevick et al., along the northeastern edge of Georges et al. (2020) identified an area south of 2003; Smith et al., 1999) and the Bank, Cape Cod and Massachusetts Bay Martha’s Vineyard and Nantucket, increasing trend for the West Indies DPS (Hayes et al. 2018). Aerial surveys referred to as ‘‘South of the Islands,’’ as (Bettridge et al., 2015). Whales indicated that right whales were a newer, year-round, core North Atlantic occurring in the survey area are consistently detected in or near the right whale foraging habitat. The South considered to be from the West Indies Lease Area and surrounding survey of the Islands area overlaps with most DPS, but are not necessarily from the areas during the winter and spring of Vineyard Wind 1’s project area. Gulf of Maine feeding population seasons. Acoustic detections of right The western North Atlantic managed as a stock by NMFS. whales occurred during all months of population demonstrated overall growth Kraus et al. (2016) observed the year, with the highest number of of 2.8 percent per year from 1990 to humpback whales in the Rhode Island/ detections typically between December 2010, despite a decline in 1993 and no Massachusetts and Massachusetts Wind

VerDate Sep<11>2014 17:36 Jun 04, 2021 Jkt 253001 PO 00000 Frm 00022 Fmt 4703 Sfmt 4703 E:\FR\FM\07JNN1.SGM 07JNN1 khammond on DSKJM1Z7X2PROD with NOTICES 30272 Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Notices

Energy Areas (RI/MA & MA WEAs) and relative abundance in the RI/MA & MA in which spring to fall are times of surrounding areas during all seasons. WEAs and surrounding areas. Fin relatively widespread and common Humpback whales were observed most whales were observed in the MA WEA occurrence, and when the whales are often during spring and summer in spring and summer. This species was most abundant in New England waters, months, with a peak from April to June. observed primarily in the offshore while during winter the species appears Calves were observed 10 times and (southern) regions of the RI/MA & MA to be largely absent (Waring et al., 2017). feeding was observed 10 times during WEAs during spring and was found Kraus et al. (2016) observed minke the Kraus et al. (2016) study. That study closer to shore (northern areas) during whales in the RI/MA & MA WEAs and also observed one instance of courtship the summer months (Kraus et al. 2016). surrounding areas primarily from May behavior. Although humpback whales Calves were observed three times and to June. This species demonstrated a were rarely seen during fall and winter feeding was observed nine times during distinct seasonal habitat usage pattern surveys, acoustic data indicate that this the Kraus et al. (2016) study. Although that was consistent throughout the species may be present within the MA fin whales were largely absent from study. Though minke whales were WEA year-round, with the highest rates visual surveys in the RI/MA & MA observed in spring and summer months of acoustic detections in winter and WEAs in the fall and winter months in the MA WEA, they were only spring (Kraus et al. 2016). (Kraus et al. 2016), acoustic data observed in the lease areas in the spring. Since January 2016, elevated indicated that this species was present Minke whales were not observed humpback whale mortalities have in the RI/MA & MA WEAs during all between October and February, but occurred along the Atlantic coast from months of the year. acoustic data indicate the presence of Maine through Florida. The event has New England waters represent a major this species in the offshore proposed been declared a UME. Partial or full feeding ground for fin whales. The project area in winter months. A BIA for necropsy examinations have been proposed project area would overlap minke whale feeding occurs east of, but conducted on approximately half of the spatially and temporally with a feeding near, the project area from March to 149 known cases (as of April 28, 2021). BIA for fin whales, from March to November. A portion of the whales have shown October (LaBrecque et al. 2015). The Since January 2017, elevated minke evidence of pre-mortem vessel strike; separate year-round feeding BIA to the whale strandings have occurred along however, this finding is not consistent northeast does not overlap with the the Atlantic coast from Maine through across all of the whales examined so project area. South Carolina, with highest numbers in more research is needed. NOAA is Massachusetts, Maine, and New York. Sei Whale consulting with researchers that are Partial or full necropsy examinations conducting studies on the humpback The Nova Scotia stock of sei whales have been conducted on more than 60 whale populations, and these efforts can be found in deeper waters of the percent of the 105 known cases (as of may provide information on changes in continental shelf edge waters of the April 28, 2021). Preliminary findings in whale distribution and habitat use that northeastern United States and several of the whales have shown could provide additional insight into northeastward to south of evidence of human interactions or how these vessel interactions occurred. Newfoundland. NMFS considers sei infectious disease. These findings are More detailed information is available whales occurring from the U.S. East not consistent across all of the whales at: https://www.fisheries.noaa.gov/ Coast to Cape Breton, Nova Scotia, and examined, so more research is needed. national/marine-life-distress/2016-2021- east to 42° as the Nova Scotia stock of More information is available at: https:// humpback-whale-unusual-mortality- sei whales (Waring et al. 2016; Hayes et www.fisheries.noaa.gov/national/ event-along-atlantic-coast (accessed al. 2018). In the Northwest Atlantic, it marine-life-distress/2017-2021-minke- April 28, 2021). No BIAs have been is speculated that the whales migrate whale-unusual-mortality-event-along- identified for humpback whales in the from south of Cape Cod along the atlantic-coast (accessed April 28, 2021). eastern Canadian coast in June and July, project area. Sperm Whale and return on a southward migration Fin Whale again in September and October (Waring The distribution of the sperm whale Fin whales typically feed in the Gulf et al. 2014; 2017). Spring is the period in the U.S. Exclusive Economic Zone of Maine and the waters surrounding of greatest abundance in U.S. waters, (EEZ) occurs on the continental shelf New England, but their mating and with sightings concentrated along the edge, over the continental slope, and calving (and general wintering) areas are eastern margin of Georges Bank and into into mid-ocean regions (Waring et al. largely unknown (Hain et al. 1992, the Northeast Channel area, and along 2015). Sperm whales are somewhat Hayes et al. 2018). Acoustic detections the southwestern edge of Georges Bank migratory; however, their migrations are of fin whale singers augment and in the area of Hydrographer Canyon not as specific as seen in most of the confirm these visual sighting (Waring et al., 2015). A BIA for sei baleen whale species. In the North conclusions for males. Recordings from whale feeding occurs east of, but near, Atlantic, there appears to be a general Massachusetts Bay, New York bight, and the project area from May through shift northward during the summer, but deep-ocean areas have detected some November (LaBrecque et al. 2015). there is no clear migration in some level of fin whale singing from temperate areas (Rice 1989). In summer, September through June (Watkins et al. Minke Whale the distribution of sperm whales 1987, Clark and Gagnon 2002, Morano Minke whales occur in temperate, includes the area east and north of et al. 2012). These acoustic observations tropical, and high-latitude waters. The Georges Bank and into the Northeast from both coastal and deep-ocean Canadian East Coast stock occur in the Channel region, as well as the regions support the conclusion that area from the western half of the Davis continental shelf (inshore of the 100-m male fin whales are broadly distributed Strait (45° W) to the Gulf of Mexico isobath) south of New England. In the throughout the western North Atlantic (Waring et al., 2017). This species fall, sperm whale occurrence south of for most of the year (Hayes et al. 2019). generally occupies waters less than 100 New England on the continental shelf is Kraus et al. (2016) suggest that, m deep on the continental shelf. There at its highest level, and there remains a compared to other baleen whale species, appears to be a strong seasonal continental shelf edge occurrence in the fin whales have a high multi-seasonal component to minke whale distribution mid-Atlantic bight. In winter, sperm

VerDate Sep<11>2014 17:36 Jun 04, 2021 Jkt 253001 PO 00000 Frm 00023 Fmt 4703 Sfmt 4703 E:\FR\FM\07JNN1.SGM 07JNN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Notices 30273

whales are concentrated east and whales were observed during the fall or common dolphins occur year-round in northeast of Cape Hatteras. Their winter, and these species were only the RI/MA & MA WEAs and distribution is typically associated with observed 11 times in the spring and surrounding areas. Common dolphins waters over the continental shelf break three times in the summer. were the most frequently observed small and the continental slope and into cetacean species within the Kraus et al. Atlantic White-Sided Dolphin deeper waters (Whitehead et al. 1991). (2016) study area. Common dolphins Sperm whale concentrations near drop- White-sided dolphins occur in were observed in the RI/MA & MA offs and areas with strong currents and temperate and sub-polar waters of the WEAs in all seasons and observed in the steep topography are correlated with North Atlantic, primarily in continental Lease Area OCS–A 0501 in spring, high productivity. These whales occur shelf waters to the 100-m depth contour summer, and fall. almost exclusively at the shelf break, from central West Greenland to North Bottlenose Dolphin regardless of season. Carolina (Waring et al., 2017). The Gulf Kraus et al. (2016) observed sperm of Maine stock is most common in Bottlenose dolphins encountered in whales four times in the RI/MA & MA continental shelf waters from Hudson the survey area would likely belong to WEAs during the summer and fall from Canyon to Georges Bank, and in the Gulf the Western North Atlantic Offshore 2011 to 2015. Sperm whales, traveling of Maine and lower Bay of Fundy. Stock (Hayes et al. 2020). While, it is singly or in groups of three or four, were Sighting data indicate seasonal shifts in possible that a few animals encountered observed three times in August and distribution (Northridge et al., 1997). during the surveys could be from the September of 2012, and once in June of During January to May, low numbers of North Atlantic Northern Migratory 2015. white-sided dolphins are found from Coastal Stock, they generally do not Georges Bank to Jeffreys Ledge (off New range farther north than New Jersey, and Long-Finned Pilot Whale Hampshire), with even lower numbers therefore, such an occurrence would be Long-finned pilot whales occur from south of Georges Bank, as documented unlikely, and take of the North Atlantic North Carolina north to Iceland, by a few strandings collected on beaches Northern Migratory Coastal Stock is not Greenland and the Barents Sea (Waring of Virginia to South Carolina. From June considered further. Kraus et al. (2016) et al., 2016). They generally occur along through September, large numbers of observed common bottlenose dolphins the edge of the continental shelf (a white-sided dolphins are found from during all seasons within the RI/MA & depth of 330 to 3,300 feet (100 to 1,000 Georges Bank to the lower Bay of MA WEAs. Common bottlenose meters)), choosing areas of high relief or Fundy. From October to December, dolphins were the second most submerged banks in cold or temperate white-sided dolphins occur at commonly observed small cetacean shoreline waters. In the western North intermediate densities from southern species and exhibited little seasonal Atlantic, long-finned pilot whales are Georges Bank to southern Gulf of Maine variability in abundance. They were pelagic, occurring in especially high (Payne and Heinemann 1990). Sightings observed in the MA WEA in all seasons densities in winter and spring over the south of Georges Bank, particularly and observed in Lease Area OCS–A continental slope, then moving inshore around Hudson Canyon, occur year 0501 in the fall and winter. and onto the shelf in summer and round but at low densities. autumn following squid and mackerel Kraus et al. (2016) suggest that Risso’s Dolphins populations (Reeves et al. 2002). They Atlantic white-sided dolphins occur Off the northeastern U.S. coast, frequently travel into the central and infrequently in the RI/MA & MA WEAs Risso’s dolphins are distributed along northern Georges Bank, Great South and surrounding areas. Effort-weighted the continental shelf edge from Cape Channel, and Gulf of Maine areas during average sighting rates for Atlantic white- Hatteras northward to Georges Bank the late spring and remain through early sided dolphins could not be calculated, during spring, summer, and autumn fall (May and October) (Payne and because this species was only observed (CETAP 1982; Payne et al. 1984). In Heinemann 1993). on eight occasions throughout the winter, the range is in the mid-Atlantic Note that long-finned and short- duration of the study (October 2011 to Bight and extends outward into oceanic finned pilot whales overlap spatially June 2015). No Atlantic white-sided waters (Payne et al. 1984). Kraus et al. along the mid-Atlantic shelf break dolphins were observed during the (2016) results suggest that Risso’s between New Jersey and the southern winter months, and this species was dolphins occur infrequently in the RI/ flank of Georges Bank (Payne and only sighted twice in the fall and three MA & MA WEAs and surrounding areas. Heinemann 1993, Hayes et al. 2017) times in the spring and summer. Long-finned pilot whales have Harbor Porpoise occasionally been observed stranded as Common Dolphin The Gulf of Maine/Bay of Fundy stock far south as South Carolina, and short- The common dolphin occurs world- of harbor porpoise may occur in the finned pilot whale have stranded as far wide in temperate to subtropical seas. In project area. This stock occurs in U.S. north as Massachusetts (Hayes et al. the North Atlantic, common dolphins and Canadian Atlantic waters and is 2017). The latitudinal ranges of the two commonly occur over the continental concentrated in the northern Gulf of species therefore remain uncertain. shelf between the 100-m and 2,000-m Maine and southern Bay of Fundy However, north of approximately 42° N isobaths and over prominent region, generally in waters less than 150 (slightly north of the project area), most underwater topography and east to the m deep (Waring et al., 2017). During fall pilot whale sightings are expected to be mid-Atlantic Ridge (Waring et al., 2016). (October–December) and spring (April– long-finned pilot whales (Hayes et al. This species is found between Cape June) harbor porpoises are widely 2017). Based on the distributions Hatteras and Georges Bank from mid- dispersed from New Jersey to Maine. described in Hayes et al. (2017), pilot January to May, although they migrate During winter (January to March), whale sightings in the project area onto the northeast edge of Georges Bank intermediate densities of harbor would are expected to be long-finned in the fall where large aggregations porpoises occur in waters off New Jersey pilot whales. occur (Kenney and Vigness-Raposa to North Carolina, and lower densities Kraus et al. (2016) observed pilot 2009), where large aggregations occur on are found in waters off New York to whales infrequently in the RI/MA & MA Georges Bank in fall (Waring et al. New Brunswick, Canada. They occur WEAs and surrounding areas. No pilot 2007). Kraus et al. (2016) suggested that from the coastline to deep waters

VerDate Sep<11>2014 19:15 Jun 04, 2021 Jkt 253001 PO 00000 Frm 00024 Fmt 4703 Sfmt 4703 E:\FR\FM\07JNN1.SGM 07JNN1 khammond on DSKJM1Z7X2PROD with NOTICES 30274 Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Notices

(>1,800 m; Westgate et al. 1998), Gray seals are expected to occur year- anthropogenic sound can have although the majority of the population round in at least some potential OECC deleterious effects. To appropriately is found over the continental shelf routes, with seasonal occurrence in the assess the potential effects of exposure (Waring et al., 2017). offshore areas from September to May to sound, it is necessary to understand Kraus et al. (2016) indicate that (Hayes et al. 2018). the frequency ranges marine mammals harbor porpoises occur within the RI/ Since July 2018, elevated numbers of are able to hear. Current data indicate MA & MA WEAs in fall, winter, and harbor seal and gray seal mortalities that not all marine mammal species spring. Harbor porpoises were observed have occurred across Maine, New have equal hearing capabilities (e.g., in groups ranging in size from three to Hampshire and Massachusetts. This Richardson et al., 1995; Wartzok and 15 individuals and were primarily event has been declared a UME. Ketten, 1999; Au and Hastings, 2008). observed in the Kraus et al. (2016) study Additionally, seals showing clinical To reflect this, Southall et al. (2007) area from November through May, with signs of stranding have occurred as far recommended that marine mammals be very few sightings during June through south as Virginia, although not in divided into functional hearing groups elevated numbers. Therefore the UME September. based on directly measured or estimated investigation now encompasses all seal hearing ranges on the basis of available Harbor Seal strandings from Maine to Virginia behavioral response data, audiograms Harbor seals occur year-round in the (including harp and hooded seals, derived using auditory evoked potential coastal waters of eastern Canada and though no take of either species is techniques, anatomical modeling, and Maine (Katona et al. 1993), and occur proposed for authorization). Between seasonally along the coasts from July 1, 2018 and April 28, 2021, a total other data. Note that no direct southern New England to New Jersey of 3,152 seal strandings have been measurements of hearing ability have from September through late May. recorded as part of this designated been successfully completed for While harbor seals occur year-round Northeast Pinniped UME. Based on tests mysticetes (i.e., low-frequency north of Cape Cod, they only occur conducted so far, the main pathogen cetaceans). Subsequently, NMFS (2018) during winter migration, typically found in the seals is phocine distemper described generalized hearing ranges for September through May, south of Cape virus. Additional testing to identify these marine mammal hearing groups. Cod (Southern New England to New other factors that may be involved in Generalized hearing ranges were chosen Jersey; Waring et al. 2015; Kenney and this UME are underway. Please see based on the approximately 65 decibel Vigness-Raposa 2009). https://www.fisheries.noaa.gov/new- (dB) threshold from the normalized england-mid-atlantic/marine-life- composite audiograms, with the Gray Seal distress/2018-2020-pinniped-unusual- exception for lower limits for low- The western North Atlantic stock of mortality-event-along for additional frequency cetaceans where the lower gray seal occurs in the project area. The information. bound was deemed to be biologically range for this stock is thought to be from implausible and the lower bound from New Jersey to Labrador. Current Marine Mammal Hearing Southall et al. (2007) retained. Marine population trends show that gray seal Hearing is the most important sensory mammal hearing groups and their abundance is likely increasing in the modality for marine mammals associated hearing ranges are provided U.S. Atlantic EEZ (Waring et al., 2017). underwater, and exposure to in Table 3.

TABLE 3—MARINE MAMMAL HEARING GROUPS (NMFS, 2018)

Generalized hearing Hearing group range *

Low-frequency (LF) cetaceans (baleen whales) ...... 7 Hz to 35 kHz. Mid-frequency (MF) cetaceans (dolphins, toothed whales, beaked whales, bottlenose whales) ...... 150 Hz to 160 kHz. High-frequency (HF) cetaceans (true porpoises, Kogia, river dolphins, cephalorhynchid, Lagenorhynchus cruciger & L. 275 Hz to 160 kHz. australis). Phocid pinnipeds (PW) (underwater) (true seals) ...... 50 Hz to 86 kHz. Otariid pinnipeds (OW) (underwater) (sea lions and fur seals) ...... 60 Hz to 39 kHz. * Represents the generalized hearing range for the entire group as a composite (i.e., all species within the group), where individual species’ hearing ranges are typically not as broad. Generalized hearing range chosen based on ∼65 dB threshold from normalized composite audiogram, with the exception for lower limits for LF cetaceans (Southall et al. 2007) and PW pinniped (approximation).

The pinniped functional hearing potential to co-occur with the proposed specified activity may impact marine group was modified from Southall et al. survey activities. Please refer to Table 2. mammals and their habitat. Detailed (2007) on the basis of data indicating Of the cetacean species that may be descriptions of the potential effects of that phocid species have consistently present, five are classified as low- similar specified activities have been demonstrated an extended frequency frequency cetaceans (i.e., all mysticete provided in other recent Federal range of hearing compared to otariids, species), six are classified as mid- Register notices, including for survey especially in the higher frequency range frequency cetaceans (i.e., all delphinid activities using the same methodology, (Hemila¨ et al., 2006; Kastelein et al., species and the sperm whale), and one over a similar amount of time, and 2009; Reichmuth and Holt, 2013). is classified as high-frequency cetaceans occurring within the same specified For more detail concerning these (i.e., harbor porpoise). geographical region (e.g., 82 FR 20563, groups and associated frequency ranges, Potential Effects of Specified Activities May 3, 2017; 85 FR 36537, June 17, please see NMFS (2018) for a review of on Marine Mammals and Their Habitat 2020; 85 FR 37848, June 24, 2020; 85 FR available information. 14 marine 48179, August 10, 2020). No significant mammal species (12 cetacean and two This section includes a summary of new information is available, and we phocids pinnipeds) have the reasonable the ways that Vineyard Wind 1’s refer the reader to these documents

VerDate Sep<11>2014 19:15 Jun 04, 2021 Jkt 253001 PO 00000 Frm 00025 Fmt 4703 Sfmt 4703 E:\FR\FM\07JNN1.SGM 07JNN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Notices 30275

rather than repeating the details here. the sound amplitudes, averaging the anthropogenic (e.g., vessels, dredging, The Estimated Take section includes a squares, and then taking the square root construction) sound. A number of quantitative analysis of the number of of the average (Urick, 1983). Root mean sources contribute to ambient sound, individuals that are expected to be taken square accounts for both positive and including wind and waves, which are a by Vineyard Wind 1’s activity. The negative values; squaring the pressures main source of naturally occurring Negligible Impact Analysis and makes all values positive so that they ambient sound for frequencies between Determination section considers the may be accounted for in the summation 200 Hz and 50 kHz (Mitson, 1995). In potential effects of the specified activity, of pressure levels (Hastings and Popper, general, ambient sound levels tend to the Estimated Take section, and the 2005). This measurement is often used increase with increasing wind speed Proposed Mitigation section, to draw in the context of discussing behavioral and wave height. Precipitation can conclusions regarding the likely impacts effects, in part because behavioral become an important component of total of these activities on the reproductive effects, which often result from auditory sound at frequencies above 500 Hz, and success or survivorship of individuals cues, may be better expressed through possibly down to 100 Hz during quiet and how those impacts on individuals averaged units than by peak pressures. times. Marine mammals can contribute are likely to impact marine mammal Sound exposure level (SEL; significantly to ambient sound levels, as species or stocks. represented as dB re 1 mPa2-s) represents can some fish and snapping shrimp. The the total energy in a stated frequency frequency band for biological Background on Active Acoustic Sound band over a stated time interval or event contributions is from approximately 12 Sources and Acoustic Terminology and considers both intensity and Hz to over 100 kHz. Sources of ambient This subsection contains a brief duration of exposure. The per-pulse SEL sound related to human activity include technical background on sound, on the is calculated over the time window transportation (surface vessels), characteristics of certain sound types, containing the entire pulse (i.e., 100 dredging and construction, oil and gas and on metrics used in this proposal percent of the acoustic energy). SEL is drilling and production, geophysical inasmuch as the information is relevant a cumulative metric; it can be surveys, sonar, and explosions. Vessel to the specified activity and to the accumulated over a single pulse, or noise typically dominates the total summary of the potential effects of the calculated over periods containing ambient sound for frequencies between specified activity on marine mammals. multiple pulses. Cumulative SEL 20 and 300 Hz. In general, the For general information on sound and represents the total energy accumulated frequencies of anthropogenic sounds are its interaction with the marine by a receiver over a defined time below 1 kHz and, if higher frequency environment, please see, e.g., Au and window or during an event. Peak sound sound levels are created, they attenuate Hastings (2008); Richardson et al. pressure (also referred to as zero-to-peak rapidly. (1995); Urick (1983). sound pressure or 0–pk) is the The sum of the various natural and Sound travels in waves, the basic maximum instantaneous sound pressure anthropogenic sound sources that components of which are frequency, measurable in the water at a specified comprise ambient sound at any given wavelength, velocity, and amplitude. distance from the source and is location and time depends not only on Frequency is the number of pressure represented in the same units as the rms the source levels (as determined by waves that pass by a reference point per sound pressure. current weather conditions and levels of unit of time and is measured in hertz or When underwater objects vibrate or biological and human activity) but also cycles per second. Wavelength is the activity occurs, sound-pressure waves on the ability of sound to propagate distance between two peaks or are created. These waves alternately through the environment. In turn, sound corresponding points of a sound wave compress and decompress the water as propagation is dependent on the (length of one cycle). Higher frequency the sound wave travels. Underwater spatially and temporally varying sounds have shorter wavelengths than sound waves radiate in a manner similar properties of the water column and sea lower frequency sounds, and typically to ripples on the surface of a pond and floor, and is frequency-dependent. As a attenuate (decrease) more rapidly, may be either directed in a beam or result of the dependence on a large except in certain cases in shallower beams or may radiate in all directions number of varying factors, ambient water. Amplitude is the height of the (omnidirectional sources), as is the case sound levels can be expected to vary sound pressure wave or the ‘‘loudness’’ for sound produced by the pile driving widely over both coarse and fine spatial of a sound and is typically described activity considered here. The and temporal scales. Sound levels at a using the relative unit of the decibel. A compressions and decompressions given frequency and location can vary sound pressure level (SPL) in dB is associated with sound waves are by 10–20 dB from day to day described as the ratio between a detected as changes in pressure by (Richardson et al., 1995). The result is measured pressure and a reference aquatic life and man-made sound that, depending on the source type and pressure (for underwater sound, this is receptors such as hydrophones. its intensity, sound from the specified 1 microPascal (mPa)), and is a Even in the absence of sound from the activity may be a negligible addition to logarithmic unit that accounts for large specified activity, the underwater the local environment or could form a variations in amplitude. Therefore, a environment is typically loud due to distinctive signal that may affect marine relatively small change in dB ambient sound, which is defined as mammals. Details of source types are corresponds to large changes in sound environmental background sound levels described in the following text. pressure. The source level (SL) lacking a single source or point Sounds are often considered to fall represents the SPL referenced at a (Richardson et al., 1995). The sound into one of two general types: Pulsed distance of 1 m from the source level of a region is defined by the total and non-pulsed (defined in the (referenced to 1 mPa), while the received acoustical energy being generated by following). The distinction between level is the SPL at the listener’s position known and unknown sources. These these two sound types is important (referenced to 1 mPa). sources may include physical (e.g., because they have differing potential to Root mean square (rms) is the wind and waves, earthquakes, ice, cause physical effects, particularly with quadratic mean sound pressure over the atmospheric sound), biological (e.g., regard to hearing (e.g., Ward, 1997 in duration of an impulse. Root mean sounds produced by marine mammals, Southall et al., 2007). Please see square is calculated by squaring all of fish, and invertebrates), and Southall et al. (2007) for an in-depth

VerDate Sep<11>2014 17:36 Jun 04, 2021 Jkt 253001 PO 00000 Frm 00026 Fmt 4703 Sfmt 4703 E:\FR\FM\07JNN1.SGM 07JNN1 khammond on DSKJM1Z7X2PROD with NOTICES 30276 Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Notices

discussion of these concepts. The intrinsically related to the signal an animal would be exposed more than distinction between these two sound characteristics, received level, distance briefly during the passage of the vessel. types is not always obvious, as certain from the source, and duration of the Behavioral disturbance may include a signals share properties of both pulsed sound exposure. Marine mammals variety of effects, including subtle and non-pulsed sounds. A signal near a exposed to high-intensity sound, or to changes in behavior (e.g., minor or brief source could be categorized as a pulse, lower-intensity sound for prolonged avoidance of an area or changes in but due to propagation effects as it periods, can experience hearing vocalizations), more conspicuous moves farther from the source, the threshold shift (TS), which is the loss of changes in similar behavioral activities, signal duration becomes longer (e.g., hearing sensitivity at certain frequency and more sustained and/or potentially Greene and Richardson, 1988). ranges (Finneran, 2015). TS can be severe reactions, such as displacement Pulsed sound sources (e.g., airguns, permanent (PTS), in which case the loss from or abandonment of high-quality explosions, gunshots, sonic booms, of hearing sensitivity is not fully habitat. Behavioral responses to sound impact pile driving) produce signals recoverable, or temporary (TTS), in are highly variable and context-specific that are brief (typically considered to be and any reactions depend on numerous which case the animal’s hearing less than one second), broadband, atonal intrinsic and extrinsic factors (e.g., threshold would recover over time transients (ANSI, 1986, 2005; Harris, species, state of maturity, experience, (Southall et al., 2007). 1998; NIOSH, 1998; ISO, 2003) and current activity, reproductive state, occur either as isolated events or Animals in the vicinity of Vineyard auditory sensitivity, time of day), as repeated in some succession. Pulsed Wind 1’s proposed HRG survey activity well as the interplay between factors. sounds are all characterized by a are unlikely to incur even TTS due to Available studies show wide variation relatively rapid rise from ambient the characteristics of the sound sources, in response to underwater sound; pressure to a maximal pressure value which include relatively low source therefore, it is difficult to predict followed by a rapid decay period that levels (176 to 205 dB re 1 mPa-m) and specifically how any given sound in a may include a period of diminishing, generally very short pulses and particular instance might affect marine oscillating maximal and minimal potential duration of exposure. These mammals perceiving the signal. pressures, and generally have an characteristics mean that instantaneous In addition, sound can disrupt increased capacity to induce physical exposure is unlikely to cause TTS, as it behavior through masking, or interfering injury as compared with sounds that is unlikely that exposure would occur with, an animal’s ability to detect, lack these features. close enough to the vessel for received recognize, or discriminate between Non-pulsed sounds can be tonal, levels to exceed peak pressure TTS acoustic signals of interest (e.g., those narrowband, or broadband, brief or criteria, and that the cumulative used for intraspecific communication prolonged, and may be either duration of exposure would be and social interactions, prey detection, continuous or intermittent (ANSI, 1995; insufficient to exceed cumulative sound predator avoidance, navigation). NIOSH, 1998). Some of these non- exposure level (SEL) criteria. Even for Masking occurs when the receipt of a pulsed sounds can be transient signals high-frequency cetacean species (e.g., sound is interfered with by another of short duration but without the harbor porpoises), which have the coincident sound at similar frequencies essential properties of pulses (e.g., rapid greatest sensitivity to potential TTS, and at similar or higher intensity, and rise time). Examples of non-pulsed individuals would have to make a very may occur whether the sound is natural sounds include those produced by close approach and also remain very (e.g., snapping shrimp, wind, waves, precipitation) or anthropogenic (e.g., vessels, aircraft, machinery operations close to vessels operating these sources shipping, sonar, seismic exploration) in such as drilling or dredging, vibratory in order to receive multiple exposures at origin. Marine mammal pile driving, and active sonar systems. relatively high levels, as would be The duration of such sounds, as communications would not likely be necessary to cause TTS. Intermittent received at a distance, can be greatly masked appreciably by the acoustic exposures—as would occur due to the extended in a highly reverberant signals given the directionality of the brief, transient signals produced by environment. signals for most HRG survey equipment Sparkers and boomers produce pulsed these sources—require a higher types planned for use (Table 1) and the signals with energy in the frequency cumulative SEL to induce TTS than brief period when an individual ranges specified in Table 1. The would continuous exposures of the mammal is likely to be exposed. amplitude of the acoustic wave emitted same duration (i.e., intermittent Sound may affect marine mammals from sparker sources is equal in all exposure results in lower levels of TTS). through impacts on the abundance, directions (i.e., omnidirectional), while Moreover, most marine mammals would behavior, or distribution of prey species other sources planned for use during the more likely avoid a loud sound source (e.g., crustaceans, cephalopods, fish, proposed surveys have some degree of rather than swim in such close zooplankton) (i.e., effects to marine directionality to the beam, as specified proximity as to result in TTS. Kremser mammal habitat). Prey species exposed in Table 1. Other sources planned for et al. (2005) noted that the probability to sound might move away from the use during the proposed survey activity of a cetacean swimming through the sound source, experience TTS, (e.g., CHIRP SBPs) should be considered area of exposure when a sub-bottom experience masking of biologically non-pulsed, intermittent sources. profiler emits a pulse is small—because relevant sounds, or show no obvious if the animal was in the area, it would direct effects. The most likely impacts Summary on Specific Potential Effects have to pass the transducer at close (if any) for most prey species in a given of Acoustic Sound Sources range in order to be subjected to sound area would be temporary avoidance of Underwater sound from active levels that could cause TTS and would the area. Surveys using active acoustic acoustic sources can include one or likely exhibit avoidance behavior to the sound sources move through an area more of the following: Temporary or area near the transducer rather than relatively quickly, limiting exposure to permanent hearing impairment, non- swim through at such a close range. multiple pulses. In all cases, sound auditory physical or physiological Further, the restricted beam shape of levels would return to ambient once a effects, behavioral disturbance, stress, many of HRG survey devices planned survey ends and the noise source is shut and masking. The degree of effect is for use (Table 1) makes it unlikely that down and, when exposure to sound

VerDate Sep<11>2014 17:36 Jun 04, 2021 Jkt 253001 PO 00000 Frm 00027 Fmt 4703 Sfmt 4703 E:\FR\FM\07JNN1.SGM 07JNN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Notices 30277

ends, behavioral and/or physiological marine mammal or marine mammal frequency, predictability, duty cycle), responses are expected to end relatively stock in the wild by causing disruption the environment (e.g., bathymetry), and quickly. Finally, the HRG survey of behavioral patterns, including, but the receiving animals (hearing, equipment will not have significant not limited to, migration, breathing, motivation, experience, demography, impacts to the seafloor and does not nursing, breeding, feeding, or sheltering behavioral context) and can be difficult represent a source of pollution. (Level B harassment). to predict (Southall et al., 2007, Ellison Authorized takes would be by Level B Vessel Strike et al., 2012). Based on what the harassment only, in the form of available science indicates and the Vessel collisions with marine disruption of behavioral patterns for practical need to use a threshold based mammals, or ship strikes, can result in individual marine mammals resulting on a factor that is both predictable and death or serious injury of the animal. from exposure to HRG sources. Based measurable for most activities, NMFS These interactions are typically primarily on the characteristics of the uses a generalized acoustic threshold associated with large whales, which are signals produced by the acoustic based on received level to estimate the less maneuverable than are smaller sources planned for use, Level A onset of behavioral harassment. NMFS cetaceans or pinnipeds in relation to harassment is neither anticipated (even predicts that marine mammals are likely large vessels. Ship strikes generally absent mitigation) nor proposed to be to be behaviorally harassed in a manner involve commercial shipping vessels, authorized. Consideration of the we consider Level B harassment when which are generally larger and of which anticipated effectiveness of the exposed to underwater anthropogenic there is much more traffic in the ocean mitigation measures (i.e., exclusion noise above received levels of 160 dB re than geophysical survey vessels. Jensen zones (EZs) and shutdown measures) 1 mPa (rms) for the impulsive sources and Silber (2004) summarized ship discussed in detail below in the (i.e., boomers, sparkers) and non- strikes of large whales worldwide from Proposed Mitigation section, further impulsive, intermittent sources (e.g., 1975–2003 and found that most strengthens the conclusion that Level A chirp SBPs) evaluated here for Vineyard collisions occurred in the open ocean harassment is not a reasonably Wind 1’s proposed activity. and involved large vessels (e.g., anticipated outcome of the survey Level A harassment—NMFS’s commercial shipping). For vessels used activity. As described previously, no Technical Guidance for Assessing the in geophysical survey activities, vessel serious injury or mortality is anticipated Effects of Anthropogenic Sound on speed while towing gear is typically or proposed to be authorized for this Marine Mammal Hearing (Version 2.0) only 4–5 knots. At these speeds, both activity. Below we describe how the (Technical Guidance, 2018) identifies the possibility of striking a marine take is estimated. dual criteria to assess auditory injury mammal and the possibility of a strike Generally speaking, we estimate take (Level A harassment) to five different resulting in serious injury or mortality by considering: (1) Acoustic thresholds marine mammal groups (based on are so low as to be discountable. At above which NMFS believes the best hearing sensitivity) as a result of average transit speed for geophysical available science indicates marine exposure to noise from two different survey vessels, the probability of serious mammals will be behaviorally harassed types of sources (impulsive or non- injury or mortality resulting from a or incur some degree of permanent impulsive). For more information, see strike is less than 50 percent. However, hearing impairment; (2) the area or NMFS’s 2018 Technical Guidance, the likelihood of a strike actually volume of water that will be ensonified which may be accessed at happening is again low given the above these levels in a day; (3) the www.fisheries.noaa.gov/national/ smaller size of these vessels and density or occurrence of marine marine-mammal-protection/marine- generally slower speeds. Notably in the mammals within these ensonified areas; mammal-acoustic-technical-guidance. Jensen and Silber study, no strike and, (4) and the number of days of incidents were reported for geophysical activities. We note that while these Vineyard Wind 1’s proposed activity survey vessels during that time period. basic factors can contribute to a basic includes the use of impulsive (i.e., The potential effects of Vineyard calculation to provide an initial sparkers and boomers) and non- Wind 1’s specified survey activity are prediction of takes, additional impulsive (e.g., CHIRP SBP) sources. expected to be limited to Level B information that can qualitatively However, as discussed above, NMFS has behavioral harassment. No permanent or inform take estimates is also sometimes concluded that Level A harassment is temporary auditory effects, or available (e.g., previous monitoring not a reasonably likely outcome for significant impacts to marine mammal results or average group size). Below, we marine mammals exposed to noise habitat, including prey, are expected. describe the factors considered here in through use of the sources proposed for more detail and present the proposed use here, and the potential for Level A Estimated Take take estimates. harassment is not evaluated further in This section provides an estimate of this document. Please see Vineyard the number of incidental takes proposed Acoustic Thresholds Wind 1’s application for details of a for authorization through this IHA, NMFS recommends the use of quantitative exposure analysis exercise, which will inform both NMFS’s acoustic thresholds that identify the i.e., calculated Level A harassment consideration of ‘‘small numbers’’ and received level of underwater sound isopleths and estimated Level A the negligible impact determination. above which exposed marine mammals harassment exposures. Maximum Harassment is the only type of take would be reasonably expected to be estimated Level A harassment isopleths expected to result from these activities. behaviorally harassed (equated to Level were less than 5 m for all sources and Except with respect to certain activities B harassment) or to incur PTS of some hearing groups with the exception of an not pertinent here, section 3(18) of the degree (equated to Level A harassment). estimated 53 m zone calculated for high- MMPA defines ‘‘harassment’’ as any act Level B Harassment—Though frequency cetaceans during use of the of pursuit, torment, or annoyance, significantly driven by received level, Applied Acoustics AA251 Boomer, (see which (i) has the potential to injure a the onset of behavioral disturbance from Table 1 for source characteristics). marine mammal or marine mammal anthropogenic noise exposure is also Vineyard Wind 1 did not request stock in the wild (Level A harassment); informed to varying degrees by other authorization of take by Level A or (ii) has the potential to disturb a factors related to the source (e.g., harassment, and no take by Level A

VerDate Sep<11>2014 17:36 Jun 04, 2021 Jkt 253001 PO 00000 Frm 00028 Fmt 4703 Sfmt 4703 E:\FR\FM\07JNN1.SGM 07JNN1 khammond on DSKJM1Z7X2PROD with NOTICES 30278 Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Notices

harassment is proposed for or group dynamics of marine mammals all grid cells partially or fully within the authorization by NMFS. that will inform the take calculations. buffer polygon. The average monthly Density estimates for all species abundance for each species in each Ensonified Area within the project area were derived survey area was calculated as the mean NMFS has developed a user-friendly from habitat-based density modeling value of the grid cells within the buffer methodology for estimating the extent of results reported by Roberts et al. (2016, area in each month and then converted the Level B harassment isopleths 2017, 2018, 2020). The data presented to density (individuals/km2) by dividing associated with relevant HRG survey by Roberts et al. (2016, 2017, 2018, by 100 km2 (Table 1). Annual mean equipment (NMFS, 2020). This 2020) incorporates aerial and shipboard densities were calculated from monthly methodology incorporates frequency line-transect survey data from NMFS densities (Table 4). and directionality to refine estimated and other organizations and The estimated monthly densities of ensonified zones. For acoustic sources incorporates data from 8 physiographic North Atlantic right whales were based that operate with different beamwidths, and 16 dynamic oceanographic and on updated model results from Roberts the maximum beamwidth was used, and biological covariates, and controls for et al. (2020). These updated data for the lowest frequency of the source was the influence of sea state, group size, North Atlantic right whales are used when calculating the frequency- availability bias, and perception bias on provided as densities (individuals/1 dependent absorption coefficient (Table the probability of making a sighting. km2) within 5 km x 5 km grid cells (25 1). These density models were originally km2) on a monthly basis. The same GIS NMFS considers the data provided by developed for all cetacean taxa in the process described above was used to Crocker and Fratantonio (2016) to U.S. Atlantic (Roberts et al., 2016). In select the appropriate grid cells from represent the best available information subsequent years, certain models have each month and the monthly North on source levels associated with HRG been updated based on additional data Atlantic right whale density in each equipment and, therefore, recommends as well as certain methodological survey area was calculated as the mean that source levels provided by Crocker improvements. More information is value of the grid cells as described and Fratantonio (2016) be incorporated available online at https://seamap.env. above. Additional data regarding in the method described above to duke.edu/models/Duke/ average group sizes from survey effort in estimate isopleth distances to EC/. the region was considered to ensure harassment thresholds. In cases when Marine mammal density estimates in adequate take estimates are evaluated. the source level for a specific type of the survey area (animals/km2) were HRG equipment is not provided in obtained using the most recent model Take Calculation and Estimation Crocker and Fratantonio (2016), NMFS results for all taxa (Roberts et al., 2016, Here we describe how the information recommends that either the source 2017, 2018, 2020). We note the provided above is brought together to levels provided by the manufacturer be availability of a more recent model produce a quantitative take estimate. In used, or, in instances where source version for the North Atlantic right order to estimate the number of marine levels provided by the manufacturer are whale. However, this latest update mammals predicted to be exposed to unavailable or unreliable, a proxy from resulted in changed predictions only for sound levels that would result in Crocker and Fratantonio (2016) be used Cape Cod Bay and, therefore, would not harassment, radial distances to instead. Table 1 shows the HRG result in changes to the take estimate predicted isopleths corresponding to equipment types that may be used presented herein. More information is harassment thresholds are calculated, as during the proposed surveys and the available online at: https:// described above. Those distances are source levels associated with those HRG seamap.env.duke.edu/models/Duke/EC/ _ _ _ _ _ then used to calculate the area(s) around equipment types. EC North Atlantic right whale the HRG survey equipment predicted to Results of modeling using the history.html. The updated models be ensonified to sound levels that methodology described above indicated incorporate additional sighting data, exceed harassment thresholds. The area that, of the HRG survey equipment including sightings from NOAA’s estimated to be ensonified to relevant planned for use by Vineyard Wind 1 Atlantic Marine Assessment Program for thresholds in a single day (zone of that has the potential to result in Level Protected Species (AMAPPS) surveys. influence (ZOI)) is then calculated, B harassment of marine mammals, the Roberts et al. (2016, 2017, 2018, 2020) based on areas predicted to be Applied Acoustics AA251 Boomer provide abundance estimates for species ensonified around the HRG survey or species guilds within 10 km x 10 km would produce the largest Level B equipment (i.e., 178 m) and the grid cells (100 km2; except North harassment isopleth (178 m; see Table 7 estimated trackline distance traveled per Atlantic right whale—see discussion of Vineyard Wind 1’s application). The day by the survey vessel (i.e., 80 km). below) on a monthly or annual basis, estimated Level B harassment isopleth Based on the maximum estimated depending on the species. associated with the GeoMarine Geo distance to the Level B harassment Spark 2000 (400 tip) system planned for For the exposure analysis, density data from Roberts et al. (2016, 2017, threshold of 178 m (Applied Acoustics use is 141 m. Although Vineyard Wind AA251 Boomer) and the maximum 1 does not expect to use the AA251 2018, 2020) were mapped using a geographic information system (GIS). estimated daily track line distance of 80 Boomer source on all planned survey km, the ZOI is estimated to be 28.58 km2 days, it proposes to assume, for Vineyard Wind 1 calculated densities within a 50 km buffer polygon around during Vineyard Wind 1’s planned HRG purposes of analysis, that the boomer surveys. As described above, this is a would be used on all survey days. This the wind development area perimeter. The 50 km limit was derived from conservative estimate as it assumes the is a conservative approach, as the actual HRG source that results in the greatest sources used on individual survey days studies demonstrating that received levels, distance from the source, and distance to the Level B harassment may produce smaller harassment isopleth would be operated at all times distances. behavioral context are known to influence marine mammals’ probability during all vessel days. Marine Mammal Occurrence of behavioral response (Dunlop et al. ZOI = (Distance/day × 2r) + pr2 In this section we provide the 2017). The monthly density was Where r is the linear distance from the information about the presence, density, determined by calculating the mean of source to the harassment isopleth.

VerDate Sep<11>2014 17:36 Jun 04, 2021 Jkt 253001 PO 00000 Frm 00029 Fmt 4703 Sfmt 4703 E:\FR\FM\07JNN1.SGM 07JNN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Notices 30279

Potential daily Level B harassment vessel days plus a 10 percent buffer (i.e., Estimated Take = D × ZOI × vessel days × takes are estimated by multiplying the by 170 vessel days 1.1 percent = 192.5 Where D = average species density average annual marine mammal vessel days). The product is then (animals/km2), ZOI = maximum daily 2 densities (animals/km ), as described rounded, to generate an estimate of the ensonified area to relevant threshold, and above, by the ZOI. Estimated numbers of total number of instances of harassment vessel days = 192.5. each species taken over the duration of expected for each species over the the authorization are calculated by duration of the survey. A summary of Take by Level B harassment proposed multiplying the potential daily Level B this method is illustrated in the for authorization is shown in Table 4. harassment takes by the total number of following formula:

TABLE 4—TOTAL NUMBERS OF POTENTIAL INCIDENTAL TAKE OF MARINE MAMMALS PROPOSED FOR AUTHORIZATION AND PROPOSED TAKES AS A PERCENTAGE OF POPULATION

Estimated Proposed Annual mean takes by takes by Percent of Species of interest density Level B Level B Abundance stock (km2) harassment harassment a

Fin whale ...... 0.00149 8.22 8 6,802 0.13 Humpback whale ...... 0.00084 4.63 5 1,393 0.36 Minke whale ...... 0.00062 3.42 3 21,968 0.02 North Atlantic right whale ...... 0.00164 9.05 9 368 2.72 Sei whale ...... 0.00005 0.28 2 6,292 0.03 Sperm whale ...... 0.00006 0.33 2 4,349 0.05 Atlantic white sided dolphin ...... 0.02226 122.78 123 92,233 0.13 Bottlenose dolphin ...... 0.0403 222.29 222 62,851 0.35 Long-finned pilot whale ...... 0.00459 25.32 25 39,215 0.07 Risso’s dolphin ...... 0.00012 0.66 8 35,493 0.02 Common dolphin ...... 0.0544 300.06 3,484 172,974 2.01 Harbor porpoise ...... 0.02858 157.64 158 95,543 0.17 Gray seal b ...... 0.09784 539.67 540 27,131 1.99 Harbor seal b ...... 539.67 540 75,834 0.71 a Increases from calculated values for sei whale, sperm whale, and Risso’s dolphin are based on observed group sizes during Vineyard Wind LLC’s 2018–2020 surveys (Vineyard Wind 2018, 2020a, 2020b). b Roberts et al. (2018) only provides density estimates for seals without differentiating by species. Harbor seals and gray seals are assumed to occur equally; therefore, density values were split evenly between the two species, i.e., total estimated take for ‘‘seals’’ is 1,080.

The take numbers shown in Table 4 Proposed Mitigation expected to reduce impacts to marine are those requested by Vineyard Wind 1, In order to issue an IHA under section mammals, marine mammal species or with the exception of certain minor 101(a)(5)(D) of the MMPA, NMFS must stocks, and their habitat. This considers rounding differences. Further, Vineyard set forth the permissible methods of the nature of the potential adverse Wind 1 requested take of the pilot whale taking pursuant to the activity, and impact being mitigated (likelihood, guild, rather than just long-finned pilot other means of effecting the least scope, range). It further considers the whale, but as described previously, pilot practicable impact on the species or likelihood that the measure will be whales in the project area are expected stock and its habitat, paying particular effective if implemented (probability of to be long-finned pilot whales. attention to rookeries, mating grounds, accomplishing the mitigating result if Additionally, NMFS increased proposed and areas of similar significance, and on implemented as planned), the Level B harassment take of common the availability of the species or stock likelihood of effective implementation dolphin to 3,484 takes. This take for taking for certain subsistence uses (probability implemented as planned); and estimate reflects the daily rate of (latter not applicable for this action). (2) The practicability of the measures approximately 18.1 common dolphin NMFS regulations require applicants for for applicant implementation, which observations within the Level B incidental take authorizations to include may consider such things as cost and harassment zone per vessel day (3,332 information about the availability and feasibility (economic and technological) impact on operations. dolphin observations over 184 days) of equipment, methods, and manner of during surveys under Vineyard Wind’s Mitigation for Marine Mammals and conducting the activity or other means Their Habitat previous IHA (85 FR 42357; July 14, of effecting the least practicable adverse 2020), and an estimated 192.5 vessel impact upon the affected species or NMFS proposes the following days, as described above (18.1 takes per stocks and their habitat (50 CFR mitigation measures be implemented × day 192.5 vessel days = 3,484 takes). 216.104(a)(11)). during Vineyard Wind 1’s proposed Given the overlap in project areas, In evaluating how mitigation may or marine site characterization surveys. NMFS expects that this estimate is more may not be appropriate to ensure the Marine Mammal Exclusion Zones and appropriate than the density-based least practicable adverse impact on Harassment Zones common dolphin take estimate species or stocks and their habitat, as calculated by Vineyard Wind 1. For all well as subsistence uses where Marine mammal EZs would be other species, NMFS concurs with the applicable, we carefully consider two established around the HRG survey take numbers requested by Vineyard primary factors: equipment and monitored by protected Wind 1 and proposes to authorize them. (1) The manner in which, and the species observers (PSO): degree to which, the successful • 500 m (1,640 ft) EZ for North implementation of the measure(s) is Atlantic right whales during use of

VerDate Sep<11>2014 17:36 Jun 04, 2021 Jkt 253001 PO 00000 Frm 00030 Fmt 4703 Sfmt 4703 E:\FR\FM\07JNN1.SGM 07JNN1 khammond on DSKJM1Z7X2PROD with NOTICES 30280 Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Notices

impulsive acoustic sources (e.g., the animal has been observed exiting its delphinid genera for which shutdown is boomers and/or sparkers) and certain respective EZ or until an additional time waived), PSOs must use best non-impulsive acoustic sources period has elapsed with no further professional judgement in making the (nonparametric sub-bottom profilers); sighting (i.e, 15 minutes for small decision to call for a shutdown. and odontocetes and seals, 60 minutes for Additionally, shutdown is required if a • 100 m (328 ft) EZ for all other North Atlantic right whale, and 30 delphinid detected in the EZ belongs to marine mammals, with certain minutes for all other species). a genus other than those specified. exceptions specified below, during use Activation of survey equipment Shutdown, pre-start clearance, and of impulsive acoustic sources (e.g., through ramp-up procedures may not ramp-up procedures are not required boomers and/or sparkers). occur when visual observation of the during HRG survey operations using If a marine mammal is detected pre-clearance/exclusion zone is not only non-impulsive sources (e.g., USBL approaching or entering the EZs during expected to be effective using the and parametric sub-bottom profilers) the HRG survey, the vessel operator appropriate visual technology (i.e., other than non-parametric sub-bottom would adhere to the shutdown during inclement conditions such as profilers (e.g., CHIRPs). Pre-clearance procedures described below to heavy rain or fog). and ramp-up, but not shutdown, are minimize noise impacts on the animals. required when using non-impulsive, Shutdown Procedures These stated requirements will be non-parametric sub-bottom profilers. included in the training to be provided An immediate shutdown of the HRG Vessel Strike Avoidance to the survey team. survey equipment would be required if a marine mammal is sighted entering or Vineyard Wind 1 will ensure that Pre-Clearance of the Exclusion Zones within its respective EZ. The vessel vessel operators and crew maintain a Vineyard Wind 1 would implement a operator must comply immediately with vigilant watch for cetaceans and 60-minute pre-clearance period of the any call for shutdown by the PSO. Any pinnipeds and slow down or stop their EZs prior to the initiation of ramp-up of disagreement between the PSO and vessels to avoid striking these species. HRG equipment. This pre-clearance vessel operator should be discussed Survey vessel crew members duration was proposed by Vineyard only after shutdown has occurred. responsible for navigation duties will Wind 1. During this period, the EZ will Subsequent restart of the survey receive site-specific training on marine be monitored by the PSO(s), using the equipment can be initiated if the animal mammals sighting/reporting and vessel appropriate visual technology. Ramp-up has been observed exiting its respective strike avoidance measures. Vessel strike may not be initiated if any marine EZ or until an additional time period avoidance measures include the mammal(s) is within its respective EZ. has elapsed (i.e, 15 minutes for following, except under circumstances If a marine mammal is observed within delphinid cetaceans and seals, 60 when complying with these an EZ during the pre-clearance period, minutes for North Atlantic Right Whale, requirements would put the safety of the ramp-up may not begin until the and 30 minutes for all other species). vessel or crew at risk: animal(s) has been observed exiting its If a species for which authorization • Vessel operators and crews must respective EZ or until an additional time has not been granted, or, a species for maintain a vigilant watch for all period has elapsed with no further which authorization has been granted protected species and slow down, stop sighting (i.e., 15 minutes for small but the authorized number of takes have their vessel, or alter course, as odontocetes and seals, 60 minutes for been met, approaches or is observed appropriate and regardless of vessel North Atlantic right whale, and 30 within the Level B harassment zone size, to avoid striking any protected minutes for all other species). Here and (178 m impulsive), shutdown would species. A visual observer aboard the below, the 60-minute North Atlantic occur. vessel must monitor a vessel strike right whale clearance period was If the acoustic source is shut down for avoidance zone based on the proposed by Vineyard Wind 1. reasons other than mitigation (e.g., appropriate separation distance around mechanical difficulty) for less than 30 the vessel (distances stated below). Ramp-Up of Survey Equipment minutes, it may be activated again Visual observers monitoring the vessel When technically feasible, a ramp-up without ramp-up if PSOs have strike avoidance zone may be third- procedure would be used for HRG maintained constant observation and no party observers (i.e., PSOs) or crew survey equipment capable of adjusting detections of any marine mammal have members, but crew members energy levels at the start or restart of occurred within the respective EZs. If responsible for these duties must be survey activities. The ramp-up the acoustic source is shut down for a provided sufficient training to (1) procedure would be used at the period longer than 30 minutes and PSOs distinguish protected species from other beginning of HRG survey activities in have maintained constant observation, phenomena and (2) broadly to identify order to provide additional protection to then pre-clearance and ramp-up a marine mammal as a right whale, marine mammals near the survey area procedures will be initiated as described other whale (defined in this context as by allowing them to vacate the area in the previous section. sperm whales or baleen whales other prior to the commencement of survey The shutdown requirement would be than right whales), or other marine equipment operation at full power. waived for small delphinids of the mammal; A ramp-up would begin with the following genera: Delphinus, • All survey vessels, regardless of powering up of the smallest acoustic Lagenorhynchus (acutus only), and size, must observe a 10-knot speed HRG equipment at its lowest practical Tursiops. Specifically, if a delphinid restriction in specific areas designated power output appropriate for the from the specified genera is visually by NMFS for the protection of North survey. When technically feasible, the detected approaching the vessel (i.e., to Atlantic right whales from vessel strikes power would then be gradually turned bow ride) or towed equipment, including seasonal management areas up and other acoustic sources would be shutdown is not required. Furthermore, (SMAs) and dynamic management areas added. if there is uncertainty regarding (DMAs) when in effect; Ramp-up activities will be delayed if identification of a marine mammal • All vessels greater than or equal to a marine mammal(s) enters its species (i.e., whether the observed 19.8 m in overall length operating from respective EZ. Ramp-up will continue if marine mammal(s) belongs to one of the November 1 through April 30 will

VerDate Sep<11>2014 17:36 Jun 04, 2021 Jkt 253001 PO 00000 Frm 00031 Fmt 4703 Sfmt 4703 E:\FR\FM\07JNN1.SGM 07JNN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Notices 30281

operate at speeds of 10 knots or less, mitigation measure. If PAM is not used should contribute to improved except while transiting in Nantucket or is deemed non-functional at any time understanding of one or more of the Sound; during the survey, the survey will be following: • All vessels must reduce their speed shut down until PAM is restored. NMFS • Occurrence of marine mammal to 10 knots or less when mother/calf does not concur that PAM is an effective species or stocks in the area in which pairs, pods, or large assemblages of technique for detecting mysticetes in take is anticipated (e.g., presence, cetaceans are observed near a vessel; order to implement mitigation measures abundance, distribution, density). • All vessels must maintain a during HRG surveys, given masking that • Nature, scope, or context of likely minimum separation distance of 500 m would occur from vessel noise and flow marine mammal exposure to potential from right whales. If a whale is observed noise. Therefore, NMFS has not stressors/impacts (individual or but cannot be confirmed as a species included it as a requirement in this cumulative, acute or chronic), through other than a right whale, the vessel proposed IHA. better understanding of: (1) Action or operator must assume that it is a right environment (e.g., source whale and take appropriate action; Seasonal Restrictions characterization, propagation, ambient • All vessels must maintain a Vineyard Wind 1 will not operate noise); (2) affected species (e.g., life minimum separation distance of 100 m more than three concurrent HRG survey history, dive patterns); (3) co-occurrence from sperm whales and all other baleen vessels, with HRG survey equipment of marine mammal species with the whales; operating below 200 kHz, from January action; or (4) biological or behavioral • All vessels must, to the maximum through April within the lease area or context of exposure (e.g., age, calving or extent practicable, attempt to maintain a export cable corridor, not including feeding areas). minimum separation distance of 50 m coastal and bay waters. Additionally, • Individual marine mammal from all other marine mammals, with an the monitoring team will consult responses (behavioral or physiological) understanding that at times this may not NMFS’s North Atlantic right whale to acoustic stressors (acute, chronic, or be possible (e.g., for animals that reporting systems for any observed right cumulative), other stressors, or approach the vessel); whales throughout survey operations cumulative impacts from multiple • When marine mammals are sighted within or adjacent to SMAs and/or stressors. while a vessel is underway, the vessel DMAs, and will comply with 10 knot • How anticipated responses to shall take action as necessary to avoid speed restrictions in any DMA, as noted stressors impact either: (1) Long-term violating the relevant separation above. fitness and survival of individual distance (e.g., attempt to remain parallel marine mammals; or (2) populations, to the animal’s course, avoid excessive Crew Training species, or stocks. speed or abrupt changes in direction Prior to initiation of survey work, all • Effects on marine mammal habitat until the animal has left the area). If crew members will undergo (e.g., marine mammal prey species, marine mammals are sighted within the environmental training, a component of acoustic habitat, or other important relevant separation distance, the vessel which will focus on the procedures for physical components of marine must reduce speed and shift the engine sighting and protection of marine mammal habitat). to neutral, not engaging the engines mammals. • Mitigation and monitoring until animals are clear of the area. This Based on our evaluation of the effectiveness. applicant’s proposed measures, NMFS does not apply to any vessel towing gear Proposed Monitoring Measures or any vessel that is navigationally has preliminarily determined that the constrained; proposed mitigation measures provide As described above, visual monitoring • These requirements do not apply in the means effecting the least practicable would be performed by qualified and any case where compliance would impact on the affected species or stocks NMFS-approved PSOs, the resumes of create an imminent and serious threat to and their habitat, paying particular whom will be provided to NMFS for a person or vessel or to the extent that attention to rookeries, mating grounds, review and approval prior to the start of a vessel is restricted in its ability to and areas of similar significance. survey activities. Vineyard Wind 1 maneuver and, because of the would employ independent, dedicated, Proposed Monitoring and Reporting restriction, cannot comply; and trained PSOs, meaning that the PSOs • Members of the monitoring team In order to issue an IHA for an must (1) be employed by a third-party will consult NMFS North Atlantic right activity, section 101(a)(5)(D) of the observer provider, (2) have no tasks whale reporting system and Whale MMPA states that NMFS must set forth other than to conduct observational Alert, as able, for the presence of North requirements pertaining to the effort, collect data, and communicate Atlantic right whales throughout survey monitoring and reporting of such taking. with and instruct relevant vessel crew operations, and for the establishment of The MMPA implementing regulations at with regard to the presence of marine a DMA. If NMFS should establish a 50 CFR 216.104(a)(13) indicate that mammals and mitigation requirements DMA in the survey area during the requests for authorizations must include (including brief alerts regarding survey, the vessels will abide by speed the suggested means of accomplishing maritime hazards), and (3) have restrictions in the DMA. the necessary monitoring and reporting successfully completed an approved that will result in increased knowledge PSO training course appropriate for Passive Acoustic Monitoring of the species and of the level of taking their designated task. Vineyard Wind 1 has proposed to or impacts on populations of marine The PSOs will be responsible for employ trained passive acoustic mammals that are expected to be monitoring the waters surrounding each monitoring (PAM) operators to monitor present in the proposed action area. survey vessel to the farthest extent for acoustic detections of marine Effective reporting is critical both to permitted by sighting conditions, mammals during nighttime HRG survey compliance as well as ensuring that the including exclusion zones, during all activities. PAM operators will most value is obtained from the required HRG survey operations. PSOs will communicate nighttime detections to monitoring. visually monitor and identify marine the lead PSO on duty who will ensure Monitoring and reporting mammals, including those approaching the implementation of the appropriate requirements prescribed by NMFS or entering the established exclusion

VerDate Sep<11>2014 17:36 Jun 04, 2021 Jkt 253001 PO 00000 Frm 00032 Fmt 4703 Sfmt 4703 E:\FR\FM\07JNN1.SGM 07JNN1 khammond on DSKJM1Z7X2PROD with NOTICES 30282 Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Notices

zones during survey activities. It will be aboard any vessel associated with the vessel traffic, equipment malfunctions); the responsibility of the Lead PSO on survey would be relayed to the PSO and duty to communicate the presence of team. Data on all PSO observations • Survey activity information, such as marine mammals as well as to would be recorded based on standard type of survey equipment in operation, communicate the action(s) that are PSO collection requirements. This acoustic source power output while in necessary to ensure mitigation and would include dates, times, and operation, and any other notes of monitoring requirements are locations of survey operations; dates significance (i.e., pre-clearance survey, implemented as appropriate. and times of observations, location and ramp-up, shutdown, end of operations, During all HRG survey operations weather; details of marine mammal etc.). (e.g., any day on which use of an HRG sightings (e.g., species, numbers, If a marine mammal is sighted, the source is planned to occur), a minimum behavior); and details of any observed following information should be of one PSO must be on duty and recorded: marine mammal take that occurs (e.g., • conducting visual observations at all noted behavioral disturbances). Watch status (sighting made by PSO times on all active survey vessels when on/off effort, opportunistic, crew, HRG equipment operating at or below Proposed Reporting Measures alternate vessel/platform); 200 kHz is operating, including both • PSO who sighted the animal; Within 90 days after completion of • daytime and nighttime operations. survey activities, a final technical report Time of sighting; • Vessel location at time of sighting; Visual monitoring would begin no less will be provided to NMFS that fully • than 60 minutes prior to initiation of Water depth; documents the methods and monitoring • Direction of vessel’s travel (compass HRG survey equipment and would protocols, summarizes the data recorded direction); continue until 30 minutes after use of during monitoring, summarizes the • Direction of animal’s travel relative the acoustic source ceases. Vineyard number of marine mammals estimated to the vessel; Wind 1 states that a requirement to to have been taken during survey • Pace of the animal; employ at least 2 PSOs during all activities (by species, when known), • Estimated distance to the animal nighttime survey operations is summarizes the mitigation actions taken and its heading relative to vessel at impracticable, given the limited during surveys (including what type of initial sighting; available berths on the survey vessels mitigation and the species and number • Identification of the animal (e.g., and additional personnel required to of animals that prompted the mitigation genus/species, lowest possible conduct PAM. action, when known), and provides an taxonomic level, or unidentified); also Observations would take place from interpretation of the results and note the composition of the group if the highest available vantage point on effectiveness of all mitigation and there is a mix of species; the survey vessel. In cases where more monitoring measures. Any • Estimated number of animals (high/ than one PSO is on duty at a time PSOs recommendations made by NMFS must low/best); ° would coordinate to ensure 360 visual be addressed in the final report prior to • Estimated number of animals by coverage around the vessel from the acceptance by NMFS. PSO datasheets or cohort (adults, yearlings, juveniles, most appropriate observation posts. raw sightings data must also be calves, group composition, etc.); • PSOs may be on watch for a maximum provided with the draft and final Description (as many distinguishing of four consecutive hours followed by a monitoring report. All draft and final features as possible of each individual break of at least two hours between monitoring reports must be submitted to seen, including length, shape, color, watches and may conduct a maximum [email protected] pattern, scars or markings, shape and of 12 hours of observation per 24-hour and [email protected]. size of dorsal fin, shape of head, and period. In cases where multiple vessels The report must contain at minimum, blow characteristics); • are surveying concurrently, any the following: Detailed behavior observations (e.g., observations of marine mammals would • PSO names and affiliations; number of blows, number of surfaces, be communicated to PSOs on all survey • Dates of departures and returns to breaching, spyhopping, diving, feeding, vessels. port with port name; traveling; as explicit and detailed as PSOs must be equipped with • Dates and times (Greenwich Mean possible; note any observed changes in binoculars and have the ability to Time) of survey effort and times behavior); estimate distance and bearing to detect corresponding with PSO effort; • Animal’s closest point of approach marine mammals, particularly in • Vessel location (latitude/longitude) and/or closest distance from the center proximity to exclusion zones. when survey effort begins and ends; point of the acoustic source; and Reticulated binoculars will also be vessel location at beginning and end of • Description of any actions available to PSOs for use as appropriate visual PSO duty shifts; implemented in response to the sighting based on conditions and visibility to • Vessel heading and speed at (e.g., delays, shutdown, ramp-up, speed support the monitoring of marine beginning and end of visual PSO duty or course alteration, etc.) and time and mammals. PSOs must use night-vision shifts and upon any line change; location of the action. technology during nighttime surveys • Environmental conditions while on If a North Atlantic right whale is when the sources are active. Position visual survey (at beginning and end of observed at any time by PSOs or data would be recorded using hand-held PSO shift and whenever conditions personnel on any project vessels, during or vessel GPS units for each sighting. change significantly), including wind surveys or during vessel transit, During good conditions (e.g., daylight speed and direction, Beaufort sea state, Vineyard Wind 1 must immediately hours; Beaufort sea state (BSS) 3 or less), Beaufort wind force, swell height, report sighting information to the NMFS to the maximum extent practicable, weather conditions, cloud cover, sun North Atlantic Right Whale Sighting PSOs would conduct observations when glare, and overall visibility to the Advisory System: (866) 755–6622. North the acoustic source is not operating for horizon; Atlantic right whale sightings in any comparison of sighting rates and • Factors that may be contributing to location may also be reported to the U.S. behavior with and without use of the impaired observations during each PSO Coast Guard via channel 16. acoustic source. Any observations of shift change or as needed as In the event that personnel involved marine mammals by crew members environmental conditions change (e.g., in the survey activities covered by the

VerDate Sep<11>2014 17:36 Jun 04, 2021 Jkt 253001 PO 00000 Frm 00033 Fmt 4703 Sfmt 4703 E:\FR\FM\07JNN1.SGM 07JNN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Notices 30283

authorization discover an injured or Negligible Impact Analysis and low severity and with no lasting dead marine mammal, Vineyard Wind 1 Determination biological consequences (e.g., Southall must report the incident to the NMFS NMFS has defined negligible impact et al., 2007). Even repeated Level B Office of Protected Resources (OPR) and as an impact resulting from the harassment of some small subset of an the NMFS New England/Mid-Atlantic specified activity that cannot be overall stock is unlikely to result in any Stranding Coordinator as soon as reasonably expected to, and is not significant realized decrease in viability feasible. The report must include the reasonably likely to, adversely affect the for the affected individuals, and thus following information: species or stock through effects on would not result in any adverse impact • Time, date, and location (latitude/ annual rates of recruitment or survival to the stock as a whole. As described longitude) of the first discovery (and (50 CFR 216.103). A negligible impact above, Level A harassment is not updated location information if known finding is based on the lack of likely expected to occur given the nature of and applicable); adverse effects on annual rates of the operations, the estimated size of the • Species identification (if known) or recruitment or survival (i.e., population- Level A harassment zones, and the description of the animal(s) involved; level effects). An estimate of the number required shutdown zones for certain • Condition of the animal(s) of takes alone is not enough information activities. In addition to being temporary, the (including carcass condition if the on which to base an impact maximum expected harassment zone animal is dead); determination. In addition to around a survey vessel is 178 m. • Observed behaviors of the considering estimates of the number of Although this distance is assumed for animal(s), if alive; marine mammals that might be ‘‘taken’’ all survey activity in estimating take • If available, photographs or video through harassment, NMFS considers footage of the animal(s); and numbers proposed for authorization and other factors, such as the likely nature evaluated here, in reality much of the • General circumstances under which of any responses (e.g., intensity, the animal was discovered. survey activity would involve use of duration), the context of any responses acoustic sources with smaller acoustic In the event of a vessel strike of a (e.g., critical reproductive time or marine mammal by any vessel involved harassment zones, producing expected location, migration), as well as effects effects of particularly low severity. in the activities covered by the on habitat, and the likely effectiveness authorization, Vineyard Wind 1 must Therefore, the ensonified area of the mitigation. We also assess the surrounding each vessel is relatively report the incident to the NMFS OPR number, intensity, and context of and the NMFS New England/Mid- small compared to the overall estimated takes by evaluating this distribution of the animals in the area Atlantic Stranding Coordinator as soon information relative to population and their use of the habitat. Feeding as feasible. The report must include the status. Consistent with the 1989 behavior is not likely to be significantly following information: preamble for NMFS’s implementing impacted as prey species are mobile and • Time, date, and location (latitude/ regulations (54 FR 40338; September 29, are broadly distributed throughout the longitude) of the incident; 1989), the impacts from other past and survey area; therefore, marine mammals • Species identification (if known) or ongoing anthropogenic activities are that may be temporarily displaced description of the animal(s) involved; incorporated into this analysis via their • during survey activities are expected to Vessel’s speed during and leading impacts on the environmental baseline be able to resume foraging once they up to the incident; (e.g., as reflected in the regulatory status • have moved away from areas with Vessel’s course/heading and what of the species, population size and disturbing levels of underwater noise. operations were being conducted (if growth rate where known, ongoing Because of the temporary nature of the applicable); sources of human-caused mortality, or disturbance and the availability of • Status of all sound sources in use; ambient noise levels). • similar habitat and resources in the Description of avoidance measures/ To avoid repetition, our analysis surrounding area, the impacts to marine requirements that were in place at the applies to all the species listed in Table mammals and the food sources that they time of the strike and what additional 2, given that NMFS expects the utilize are not expected to cause measures were taken, if any, to avoid anticipated effects of the proposed significant or long-term consequences strike; survey to be similar in nature. Where for individual marine mammals or their • Environmental conditions (e.g., there are meaningful differences populations. wind speed and direction, Beaufort sea between species or stocks—as is the There are no rookeries, mating or state, cloud cover, visibility) case of the North Atlantic right whale— calving grounds known to be immediately preceding the strike; they are included as separate biologically important to marine • Estimated size and length of animal subsections below. NMFS does not mammals within the proposed survey that was struck; anticipate that serious injury or area. (Biologically important areas for • Description of the behavior of the mortality would occur as a result from feeding and migration are discussed marine mammal immediately preceding HRG surveys, even in the absence of below.) There is no designated critical and following the strike; mitigation, and no serious injury or habitat for any ESA-listed marine • If available, description of the mortality is proposed to be authorized. mammals in the proposed survey area. presence and behavior of any other As discussed in the Potential Effects of marine mammals immediately Specified Activity on Marine Mammals North Atlantic Right Whales preceding the strike; and Their Habitat section, non-auditory The status of the North Atlantic right • Estimated fate of the animal (e.g., physical effects and vessel strike are not whale population is of heightened dead, injured but alive, injured and expected to occur. NMFS expects that concern and, therefore, merits moving, blood or tissue observed in the all potential takes would be in the form additional analysis. As noted water, status unknown, disappeared); of short-term Level B behavioral previously, elevated North Atlantic right and harassment in the form of temporary whale mortalities began in June 2017 • To the extent practicable, avoidance of the area or decreased and there is an active UME. Overall, photographs or video footage of the foraging (if such activity was occurring), preliminary findings support human animal(s). reactions that are considered to be of interactions, specifically vessel strikes

VerDate Sep<11>2014 17:36 Jun 04, 2021 Jkt 253001 PO 00000 Frm 00034 Fmt 4703 Sfmt 4703 E:\FR\FM\07JNN1.SGM 07JNN1 khammond on DSKJM1Z7X2PROD with NOTICES 30284 Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Notices

and entanglements, as the cause of exacerbate or compound upon the New York. The likely population death for the majority of right whales. ongoing UME. The limited North abundance is greater than 20,000 As noted previously, the proposed Atlantic right whale Level B harassment whales, and the Level B harassment project area overlaps a migratory takes proposed for authorization are takes of minke whale proposed for corridor BIA for North Atlantic right expected to be of a short duration, and authorization are not expected to whales (March–April and November– given the number of estimated takes, exacerbate or compound upon the December). In addition to the migratory repeated exposures of the same ongoing UME. BIA, Oleson et al. (2020) identified an individual are not expected. Therefore, Elevated numbers of harbor seal and area south of Martha’s Vineyard and the takes would not be expected to gray seal mortalities were first observed Nantucket, referred to as ‘‘South of the impact individual fitness or annual rates in July 2018 and have occurred across Islands,’’ as a newer, year-round, core of recruitment or survival. Further, Maine, New Hampshire, and North Atlantic right whale foraging given the relatively small size of the Massachusetts. Based on tests habitat. The South of the Islands area ensonified area during surveys, it is conducted so far, the main pathogen overlaps with most of Vineyard Wind unlikely that North Atlantic right whale found in the seals is phocine distemper 1’s project area. prey availability would be adversely virus, although additional testing to As stated previously, the largest Level affected by HRG survey operations. identify other factors that may be B harassment isopleth for Vineyard involved in this UME are underway. Wind 1’s survey is 178 m. Therefore, Biologically Important Area for Fin Whales The Level B harassment takes of harbor even if Vineyard Wind 1 operates seal and gray seal proposed for multiple survey vessels concurrently in The proposed project area overlaps authorization are not expected to this area, the total area ensonified above with a feeding BIA for fin whales exacerbate or compound upon the the Level B harassment threshold would (March-October). The fin whale feeding ongoing UME. For harbor seals, the BIA is large (2,933 km2), and the be minimal in comparison with the population abundance is over 75,000 acoustic footprint of the proposed remaining South of the Islands feeding and annual M/SI (350) is well below survey is sufficiently small such that habitat, and habitat within the migratory PBR (2,006) (Hayes et al., 2020). The corridor BIA available to North Atlantic feeding opportunities for these whales population abundance for gray seals in right whales. Additionally, NMFS is would not be reduced appreciably. Any the United States is over 27,000, with an also requiring Vineyard Wind 1 to limit fin whales temporarily displaced from estimated abundance, including seals in the number of survey vessels operating the proposed survey area would be Canada, of approximately 450,000. In concurrently in the lease area or export expected to have sufficient remaining addition, the abundance of gray seals is cable corridor (not including coastal and feeding habitat available to them, and likely increasing in the U.S. Atlantic as bay waters) to no more than three from would not be prevented from feeding in well as in Canada (Hayes et al., 2020). January through April, when North other areas within the biologically Atlantic right whale densities are the important feeding habitat. In addition, The required mitigation measures are highest. Given the factors discussed any displacement of fin whales from the expected to reduce the number and/or above, and the temporary nature of the BIA or interruption of foraging bouts severity of proposed takes for all species surveys, right whale migration is not would be expected to be temporary in listed in Table 2, including those with expected to be impacted by the nature. Therefore, we do not expect fin active UMEs, to the level of least proposed survey, and feeding is not whales feeding within the feeding BIAs practicable adverse impact. In particular expected to be affected a degree that to be impacted by the proposed survey they would provide animals the would affect North Atlantic right whale to an extent that would affect fitness or opportunity to move away from the foraging success in the South of the reproduction. sound source throughout the survey Islands important feeding area. area before HRG survey equipment No ship strike is expected to occur Other Marine Mammal Species With reaches full energy, thus preventing during Vineyard Wind 1’s proposed Active UMEs them from being exposed to sound activities, and required vessel strike As noted previously, there are several levels that have the potential to cause avoidance measures will decrease risk active UMEs occurring in the vicinity of injury (Level A harassment) or more of ship strike, including during Vineyard Wind 1’s proposed survey severe Level B harassment. No Level A migration and feeding. HRG survey area. Elevated humpback whale harassment is anticipated, even in the operations are required to maintain a mortalities have occurred along the absence of mitigation measures, or 500 m EZ and shutdown if a North Atlantic coast from Maine through proposed for authorization. Atlantic right whale is sighted at or Florida since January 2016. Of the cases NMFS expects that takes would be in within the EZ. Regarding take by Level examined, approximately half had the form of short-term Level B B harassment, the 500 m shutdown zone evidence of human interaction (ship behavioral harassment by way of brief for right whales is conservative, strike or entanglement). Despite the startling reactions and/or temporary considering the Level B harassment UME, the relevant population of vacating of the area, or decreased isopleth for the most impactful acoustic humpback whales (the West Indies foraging (if such activity was source (i.e., boomer) is estimated to be breeding population, or DPS) remains occurring)—reactions that (at the scale 178 m. Therefore, this EZ minimizes the stable at approximately 12,000 and intensity anticipated here) are potential for behavioral harassment of individuals, and the Level B harassment considered to be of low severity, with this species. Additionally, as noted takes of humpback whale proposed for no lasting biological consequences. previously, Level A harassment take is authorization are not expected to Since both the sources and marine not expected for any species, including exacerbate or compound the ongoing mammals are mobile, animals would North Atlantic right whales, given the UME. only be exposed briefly to a small small PTS zones associated with HRG Beginning in January 2017, elevated ensonified area that might result in take. equipment types proposed for use. minke whale strandings have occurred Additionally, required mitigation The Level B harassment takes of along the Atlantic coast from Maine measures would further reduce North Atlantic right whale proposed for through South Carolina, with highest exposure to sound that could result in authorization are not expected to numbers in Massachusetts, Maine, and more severe behavioral harassment.

VerDate Sep<11>2014 17:36 Jun 04, 2021 Jkt 253001 PO 00000 Frm 00035 Fmt 4703 Sfmt 4703 E:\FR\FM\07JNN1.SGM 07JNN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Notices 30285

In summary and as described above, the MMPA for specified activities other IHA. NMFS will conclude the ESA the following factors primarily support than military readiness activities. The consultation prior to reaching a our preliminary determination that the MMPA does not define small numbers determination regarding the proposed impacts resulting from this activity are and so, in practice, where estimated issuance of the authorization. numbers are available, NMFS compares not expected to adversely affect the Proposed Authorization species or stock through effects on the number of individuals taken to the annual rates of recruitment or survival: most appropriate estimation of As a result of these preliminary • No mortality or serious injury is abundance of the relevant species or determinations, NMFS proposes to issue anticipated or proposed for stock in our determination of whether an IHA to Vineyard Wind 1 for authorization; an authorization is limited to small conducting marine site characterization • No Level A harassment (PTS) is numbers of marine mammals. When the surveys off of Massachusetts and Rhode anticipated, even in the absence of predicted number of individuals to be Island for one year from the date of mitigation measures, or proposed for taken is fewer than one third of the issuance, provided the previously authorization; species or stock abundance, the take is mentioned mitigation, monitoring, and • Foraging success is not likely to be considered to be of small numbers. reporting requirements are incorporated. significantly impacted as effects on Additionally, other qualitative factors A draft of the proposed IHA can be species that serve as prey species for may be considered in the analysis, such found at https:// marine mammals from the survey are as the temporal or spatial scale of the www.fisheries.noaa.gov/national/ expected to be minimal; activities. marine-mammal-protection/incidental- • The availability of alternate areas of Take of all species or stocks is below take-authorizations-other-energy- similar habitat value for marine one third of the estimated stock activities-renewable. mammals to temporarily vacate the abundance (in fact, take of individuals Request for Public Comments survey area during the planned survey is less than 3 percent of the abundance to avoid exposure to sounds from the for all affected stocks) as shown in Table We request comment on our analyses, activity; 4. Based on the analysis contained the proposed authorization, and any • Take is anticipated to be primarily herein of the proposed activity other aspect of this notice of proposed Level B behavioral harassment (including the proposed mitigation and IHA for the proposed marine site consisting of brief startling reactions monitoring measures) and the characterization surveys. We also and/or temporary avoidance of the anticipated take of marine mammals, request at this time comment on the survey area; NMFS preliminarily finds that small potential Renewal of this proposed IHA • While the survey area overlaps numbers of marine mammals will be as described in the paragraph below. areas noted as a migratory BIA for North taken relative to the population size of Please include with your comments any Atlantic right whales, the activities the affected species or stocks. supporting data or literature citations to would occur in such a comparatively help inform decisions on the request for small area such that any avoidance of Unmitigable Adverse Impact Analysis this IHA or a subsequent Renewal IHA. the survey area due to activities would and Determination On a case-by-case basis, NMFS may not affect migration. In addition, There are no relevant subsistence uses issue a one-time, one-year Renewal IHA mitigation measures to shutdown at 500 of the affected marine mammal stocks or following notice to the public providing m to minimize potential for Level B species implicated by this action. an additional 15 days for public behavioral harassment would limit any Therefore, NMFS has determined that comments when (1) up to another year take of the species; the total taking of affected species or of identical or nearly identical, or nearly • Similarly, due to the relatively stocks would not have an unmitigable identical, activities as described in the small footprint of the survey activities adverse impact on the availability of Description of Proposed Activities in relation to the size of the fin whale such species or stocks for taking for section of this notice is planned or (2) feeding BIA and South of the Islands subsistence purposes. the activities as described in the Description of Proposed Activities North Atlantic right whale feeding area, Endangered Species Act the survey activities would not affect section of this notice would not be foraging success of these species; and Section 7(a)(2) of the Endangered completed by the time the IHA expires • The proposed mitigation measures, Species Act of 1973 (ESA: 16 U.S.C. and a Renewal would allow for including visual monitoring and 1531 et seq.) requires that each Federal completion of the activities beyond that shutdowns, are expected to minimize agency insure that any action it described in the Dates and Duration potential impacts to marine mammals. authorizes, funds, or carries out is not section of this notice, provided all of the Based on the analysis contained likely to jeopardize the continued following conditions are met: herein of the likely effects of the existence of any endangered or • A request for renewal is received no specified activity on marine mammals threatened species or result in the later than 60 days prior to the needed and their habitat, and taking into destruction or adverse modification of Renewal IHA effective date (recognizing consideration the implementation of the designated critical habitat. To ensure that the Renewal IHA expiration date proposed monitoring and mitigation ESA compliance for the issuance of cannot extend beyond one year from measures, NMFS preliminarily finds IHAs, NMFS consults internally expiration of the initial IHA); that the total marine mammal take from whenever we propose to authorize take • The request for renewal must Vineyard Wind 1’s proposed HRG for endangered or threatened species, in include the following: survey activities will have a negligible this case with NMFS Greater Atlantic (1) An explanation that the activities impact on all affected marine mammal Regional Fisheries Office (GARFO). to be conducted under the requested species or stocks. NMFS Office of Protected Resources Renewal IHA are identical to the (OPR) is proposing to authorize take of activities analyzed under the initial Small Numbers fin whale, North Atlantic right whale, IHA, are a subset of the activities, or As noted above, only small numbers sei whale, and sperm whale, which are include changes so minor (e.g., of incidental take may be authorized listed under the ESA. OPR will consult reduction in pile size) that the changes under sections 101(a)(5)(A) and (D) of with GARFO for the issuance of this do not affect the previous analyses,

VerDate Sep<11>2014 17:36 Jun 04, 2021 Jkt 253001 PO 00000 Frm 00036 Fmt 4703 Sfmt 4703 E:\FR\FM\07JNN1.SGM 07JNN1 khammond on DSKJM1Z7X2PROD with NOTICES 30286 Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Notices

mitigation and monitoring Type of Request: Regular submission Department of Commerce collections requirements, or take estimates (with (extension of a current information currently under review by OMB. the exception of reducing the type or collection). Written comments and amount of take); and Number of Respondents: 1204. recommendations for the proposed (2) A preliminary monitoring report Average Hours Per Response: information collection should be showing the results of the required Registration of Anglers—3 minutes; submitted within 30 days of the monitoring to date and an explanation Registration of For-Hire Vessels—3 publication of this notice on the showing that the monitoring results do minutes. following website www.reginfo.gov/ not indicate impacts of a scale or nature Total Annual Burden Hours: 61. public/do/PRAMain. Find this not previously analyzed or authorized. Needs and Uses: This request is for particular information collection by Upon review of the request for extension of a currently approved selecting ‘‘Currently under 30-day Renewal, the status of the affected collection. Review—Open for Public Comments’’ or species or stocks, and any other The National Saltwater Angler by using the search function and pertinent information, NMFS Registry Program (Registry Program) was entering either the title of the collection determines that there are no more than established to implement or the OMB Control Number 0648–0578. recommendations included in the minor changes in the activities, the Sheleen Dumas, mitigation and monitoring measures review of national saltwater angling data collection programs conducted by the Department PRA Clearance Officer, Office of will remain the same and appropriate, the Chief Information Officer, Commerce and the findings in the initial IHA National Research Council (NRC) in Department. remain valid. 2005/2006, and the provisions of the Magnuson-Stevens Reauthorization Act, [FR Doc. 2021–11887 Filed 6–4–21; 8:45 am] Dated: June 1, 2021. codified at Section 401(g) of the BILLING CODE 3510–22–P Catherine Marzin, Magnuson-Stevens Fishery Acting Director, Office of Protected Resources, Conservation and Management Act DEPARTMENT OF COMMERCE National Marine Fisheries Service. (MSA), which require the Secretary of [FR Doc. 2021–11823 Filed 6–4–21; 8:45 am] Commerce to commence improvements National Oceanic and Atmospheric BILLING CODE 3510–22–P to recreational fisheries surveys, Administration including establishing a national saltwater angler and for-hire vessel Agency Information Collection DEPARTMENT OF COMMERCE registry, by January 1, 2009. A final rule Activities; Submission to the Office of that includes regulatory measures to Management and Budget (OMB) for National Oceanic and Atmospheric implement the Registry Program (RIN Review and Approval; Comment Administration 0648–AW10) was adopted and codified Request; Data Collections To Support Agency Information Collection in 50 CFR 600, Subpart P. Comprehensive Economic and Socio- Activities; Submission to the Office of The Registry Program collects Economic Evaluations of the Fisheries Management and Budget (OMB) for identification and contact information in Regions of the United States Review and Approval; Comment from those anglers and for-hire vessels Affected by Catastrophic Events who are involved in recreational fishing Request; National Saltwater Angler The Department of Commerce will Registry and State Exemption Program in the United States Exclusive Economic Zone or for anadromous fish in any submit the following information collection request to the Office of The Department of Commerce will waters, unless the anglers or vessels are Management and Budget (OMB) for submit the following information exempted from the registration review and clearance in accordance collection request to the Office of requirement. Data collected includes: with the Paperwork Reduction Act of Management and Budget (OMB) for For anglers: Name, address, date of 1995, on or after the date of publication review and clearance in accordance birth, telephone contact information and of this notice. We invite the general with the Paperwork Reduction Act of region(s) of the country in which they public and other Federal agencies to 1995, on or after the date of publication fish; for for-hire vessels: Owner and comment on proposed, and continuing of this notice. We invite the general operator name, address, date of birth, information collections, which helps us public and other Federal agencies to telephone contact information, vessel assess the impact of our information comment on proposed, and continuing name and registration/documentation collection requirements and minimize information collections, which helps us number and home port or primary the public’s reporting burden. Public assess the impact of our information operating area. This information is comments were previously requested collection requirements and minimize compiled into a national and/or series of via the Federal Register on March 2, the public’s reporting burden. Public regional registries that is being used to 2021(86 FR 12174) during a 60-day comments were previously requested support surveys of recreational anglers comment period. This notice allows for via the Federal Register on January 25, and for-hire vessels to develop estimates an additional 30 days for public 2021 (86 FR 6875) during a 60-day of recreational angling effort. comments. comment period. This notice allows for Affected Public: Individuals or an additional 30 days for public households; Business or other for-profit Agency: National Oceanic & comments. organizations. Atmospheric Administration (NOAA), Commerce. Agency: National Oceanic & Frequency: Annual. Title: Data Collections to Support Atmospheric Administration (NOAA), Respondent’s Obligation: Mandatory. Comprehensive Economic and Socio- Commerce. Legal Authority: Magnuson-Stevens Fishery Conservation and Management Economic Evaluations of the Fisheries Title: National Saltwater Angler Act (MSA). in Regions of the United States Affected Registry and State Exemption Program. This information collection request by Catastrophic Events. OMB Control Number: 0648–0578. may be viewed at www.reginfo.gov. OMB Control Number: 0648–0767. Form Number(s): None. Follow the instructions to view the Form Number(s): None.

VerDate Sep<11>2014 17:36 Jun 04, 2021 Jkt 253001 PO 00000 Frm 00037 Fmt 4703 Sfmt 4703 E:\FR\FM\07JNN1.SGM 07JNN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Notices 30287

Type of Request: Regular submission reflected in the request to change the Atmospheric Administration (NOAA), [revision of a currently approved title from ‘‘Assessment of the Social and Commerce. collection]. Economic Impact of Hurricanes and ACTION: Notice of public hearing Number of Respondents: 7,184. Other Climate Related Natural Disasters webinars. Average Hours per Response: on Commercial and Recreational Regional surveys of fishing operations: Fishing Industries in the Eastern, Gulf SUMMARY: NMFS announces the 30 minutes; Regional surveys of other Coast and Caribbean Territories of the schedule of public hearing webinars for fishing related businesses: 30 minutes; United States’’ to ‘‘Data Collections to the proposed rule for Amendment 13 to National surveys of fishing operations: Support Comprehensive Economic and the 2006 Consolidated Atlantic Highly 20 minutes; National surveys of other Socio-Economic Evaluations of the Migratory Species Fishery Management fishing related businesses: 20 minutes. Fisheries in Regions of the United States Plan (FMP) (Amendment 13). NMFS Total Annual Burden Hours: 3,200. Affected by Catastrophic Events.’’ Needs and Uses: The revised will provide information on the NMFS will improve the survey proposed management measures and information collection will allow NMFS instruments and collection methods to continue to collect information about take questions and comments from the based on lessons learned from public. The proposed measures would the impacts of and recovery from conducting and assessing the previous regional and national catastrophic make several changes to the Individual information collections. The frequency Bluefin Quota (IBQ) Program, including events and the factors that facilitated or of reporting will be from one to two impeded recovery. The impacts include distributing IBQ shares only to active times a year for each catastrophic event. vessels, implementing a cap on IBQ insured and uninsured damages/losses Affected Public: Individuals or shares that may be held by an entity, and changes in revenue, operating costs households and business or other for- and implementing a cost recovery and employment due to those events profit organizations. program. The proposed measures would NMFS will collect this information from Frequency: The frequency of reporting also discontinue the Purse Seine the owners or operators of commercial will be as needed from one to four times category and reallocate that bluefin and for hire fishing vessels and from the a year for each catastrophic event. owners or managers of other fishing Respondent’s Obligation: Voluntary. quota to other directed quota categories; related businesses. NMFS needs this Legal Authority: Magnuson-Stevens cap Harpoon category daily bluefin information to conduct the economic Fishery Conservation and Management landings; modify the recreational trophy and socio-economic evaluations of Act SEC. 315(c). bluefin areas and subquotas; modify catastrophic regional fishery disasters This information collection request regulations regarding electronic mandated by SEC. 315(c) of the may be viewed at www.reginfo.gov. monitoring of the pelagic longline Magnuson-Stevens Fishery Follow the instructions to view the fishery as well as green-stick use; and Conservation and Management Act Department of Commerce collections modify the regulation regarding permit (MSA). Those and/or subsequent currently under review by OMB. category changes. evaluations based on this information Written comments and DATES: Public hearing webinars will be will be used by: (1) The Secretary of recommendations for the proposed held on the dates listed below in Table Commerce in determining if a fisheries information collection should be 1 under SUPPLEMENTARY INFORMATION. disaster should be declared; (2) the submitted within 30 days of the FOR FURTHER INFORMATION CONTACT: Department of Commerce and NOAA in publication of this notice on the Thomas Warren, thomas.warren@ their deliberations regarding the following website www.reginfo.gov/ noaa.gov, 978–281–9260, or Carrie disbursement of the fishery disaster public/do/PRAMain. Find this Soltanoff, [email protected], relief assistance proved by Congress; (3) particular information collection by 301–427–8503. NMFS to inform agency leadership, selecting ‘‘Currently under 30-day state agencies, Congress, and Review—Open for Public Comments’’ or SUPPLEMENTARY INFORMATION: constituents about the long-term effects by using the search function and Background of catastrophic events and the factors entering either the title of the collection that facilitated or impeded recovery; or the OMB Control Number 0648–0767. Atlantic highly migratory species and (4) NMFS to improve its ability to (HMS) are managed under the dual conduct the analyses required by the Sheleen Dumas, authority of the Magnuson-Stevens MSA and other applicable law, which Department PRA Clearance Officer, Office of Fishery Management and Conservation the Chief Information Officer, Commerce Act (Magnuson-Stevens Act) and the will allow for better-informed, science- Department. based fishery management decisions Atlantic Tunas Convention Act. Under making. [FR Doc. 2021–11886 Filed 6–4–21; 8:45 am] these authorities, regulations at 50 CFR The proposed revisions would expand BILLING CODE 3510–22–P part 635 implement the 2006 the coverage of the currently approved Consolidated HMS FMP as amended information collection in two ways. DEPARTMENT OF COMMERCE (copies are available upon request). First, they would expand the types of NMFS began the process of considering catastrophic events from ‘‘hurricanes National Oceanic and Atmospheric new regulations focused on the and other climate related natural Administration management of bluefin tuna in 2019, disasters’’ to events including when it announced scoping meetings hurricanes, tsunamis, floods, freshwater [RTID 0648–XB103] and its intent to prepare environmental intrusions, severe harmful algal blooms Atlantic Highly Migratory Species; analyses under the National (e.g., red tides), extreme temperatures, Amendment 13 to the 2006 Environmental Policy Act (84 FR 23020; oil spills, and pandemics. Second, they Consolidated Atlantic Highly Migratory May 21, 2019). During 2019, NMFS would extend the geographic scope from Species Fishery Management Plan; conducted scoping meetings and the ‘‘Eastern, Gulf Coast and Caribbean Bluefin Tuna Management subsequently began developing a Draft Territories of the United States’’ to all Environmental Impact Statement (DEIS) regions and territories of the United AGENCY: National Marine Fisheries based on public and HMS Advisory States. These proposed expansions are Service (NMFS), National Oceanic and Panel input, and relevant data.

VerDate Sep<11>2014 17:36 Jun 04, 2021 Jkt 253001 PO 00000 Frm 00038 Fmt 4703 Sfmt 4703 E:\FR\FM\07JNN1.SGM 07JNN1 khammond on DSKJM1Z7X2PROD with NOTICES 30288 Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Notices

NMFS announces public hearing and environmental analyses are webinars, at the dates and times listed webinars for the Amendment 13 finalized or until other regulations are in Table 1 below. Requests for sign proposed rule and DEIS. The proposed put into place, the current regulations language interpretation or other rule and a Notice of Availability of the remain in effect. auxiliary aids should be directed to Tom DEIS published in separate Federal NMFS encourages participation by all Warren or Carrie Soltanoff, at least 7 Register documents. The proposed rule people affected by or otherwise days prior to the meeting. published on May 21, 2021 (86 FR interested in recreational and In addition to the dates and times in 27686) with a 60-day comment period, commercial HMS fishing to participate Table 1, NMFS has requested time on ending July 20, 2021. The proposed in the public hearing webinars, at which the agenda at the five Atlantic based measures are as listed in the summary. NMFS will provide information on the Fishery Management Council meetings. The specifics of the proposed proposed management measures and If added to the Council agendas, the management measures are provided in take questions and comments from the dates and times would be included in the proposed rule and DEIS and are not public. Participants are encouraged to the agenda for those individual repeated here. Until the proposed rule log on and/or call into the public meetings and are not provided here.

TABLE 1—DATES, TIMES, AND DETAILS OF THE PUBLIC HEARING WEBINARS

Date Time Details on how to join the webinar: see website

June 8, 2021 ...... 2 to 4 p.m ...... https://www.fisheries.noaa.gov/action/amendment-13-2006-consolidated-hms-fishery-management- plan-bluefin-management-measures. July 8, 2021 ...... 2 to 4 p.m ...... https://www.fisheries.noaa.gov/action/amendment-13-2006-consolidated-hms-fishery-management- plan-bluefin-management-measures. July 14, 2021 ...... 2 to 4 p.m ...... https://www.fisheries.noaa.gov/action/amendment-13-2006-consolidated-hms-fishery-management- plan-bluefin-management-measures.

The public is reminded that NMFS CONSUMER PRODUCT SAFETY Safety Commission, Division of the expects participants at the public COMMISSION Secretariat, Room 820, 4330 East-West Highway, Bethesda, MD 20814; hearing webinars to conduct themselves [Docket No. CPSC–2020–0019] appropriately. At the beginning of each telephone: 301–504–7479; email cpsc- webinar, a representative of NMFS will Notice of Availability of Regulatory [email protected]. explain the ground rules (e.g., attendees Flexibility Act Section 610 Review of FOR FURTHER INFORMATION CONTACT: will be called to give their comments in the Safety Standards for the Testing Susan Proper, Directorate for Economic the order in which they registered to and Labeling Regulations Pertaining to Analysis, Consumer Product Safety speak; each attendee will have an equal Product Certification of Children’s Commission, 4330 East-West Highway, amount of time to speak; and attendees Products, Including Reliance on Bethesda, MD 20814; telephone: (301) should not interrupt one another). The Component Part Testing 504–7628; email: [email protected]. NMFS representative will attempt to AGENCY: Consumer Product Safety SUPPLEMENTARY INFORMATION: In structure the webinar so that all Commission. November 2011, the Commission issued attending members of the public will be ACTION: Notice of availability. two regulations related to testing: 16 able to comment, if they so choose. CFR part 1107, ‘‘Testing and Labeling Attendees are expected to respect the SUMMARY: The Consumer Product Safety Pertaining to Product Certification’’ ground rules, and, if they do not, they Commission (CPSC or Commission) is (testing regulation or part 1107) (76 FR may be asked to leave the webinar. announcing the availability of a 69482, November 8, 2011), and 16 CFR Authority: 16 U.S.C. 971 et seq.; 16 U.S.C. completed rule review under section part 1109, ‘‘Conditions and 1801 et seq. 610 of the Regulatory Flexibility Act Requirements for Relying on (RFA) for the Testing and Labeling Component Part Testing or Certification, Dated: June 1, 2021. Regulations Pertaining to Product or Another Party’s Finished Product Jennifer M. Wallace, Certification of Children’s Products, Certification, to Meet Testing and Acting Director, Office of Sustainable Including Reliance on Component Part Certification Requirements’’ (component Fisheries, National Marine Fisheries Service. Testing. This regulatory review part regulation or part 1109) (76 FR [FR Doc. 2021–11833 Filed 6–4–21; 8:45 am] concludes that the testing and 69546, November 8, 2011). When parts BILLING CODE 3510–22–P component part testing regulations 1107 and 1109 were promulgated in should be maintained without change. 2011, the final regulatory flexibility ADDRESSES: The completed review is analysis found that the third party available on the CPSC website at: testing requirements in part 1107 would https://www.cpsc.gov/s3fs-public/ have a significant economic impact on Regulatory-Flexibility-Act-Review-of- a substantial number of small entities. Testing-and-Labeling-Regulations.pdf? In contrast, the final regulatory rIp6oVfT143VJ29wBQgMbQ1c_ flexibility analysis for the component R2jq39w. The completed review will part regulation in part 1109 found that also be made available through the the regulation would not likely have a Federal eRulemaking Portal at: https:// significant impact on a substantial www.regulations.gov, under Docket No. number of small entities because CPSC–2020–0019, Supporting and component part testing is not Related Materials. Copies may also be mandatory. However, OMB determined obtained from the Consumer Product that both 1107 and 1109 were

VerDate Sep<11>2014 17:36 Jun 04, 2021 Jkt 253001 PO 00000 Frm 00039 Fmt 4703 Sfmt 4703 E:\FR\FM\07JNN1.SGM 07JNN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Notices 30289

considered ‘‘major rules’’ under the staff’s briefing package, CPSC staff collection by selecting ‘‘Currently under Congressional Review Act (CRA).1 concludes that the testing and 30-day Review—Open for Public On August 24, 2020, the Commission component part testing regulations Comments’’ or by using the search published notice in the Federal Register should be retained without any changes. function. Comments submitted in (85 FR 52078) to announce that the The staff review is available on the response to this notice will be CPSC would review the testing and CPSC’s website at: https:// summarized and included in the request component part testing regulations in www.cpsc.gov/s3fs-public/Regulatory- for OMB approval of this information accordance with the regulatory review Flexibility-Act-Review-of-Testing-and- collection. They will also become a provisions of section 610 of the RFA (5 Labeling-Regulations.pdf? matter of public record. _ U.S.C. 610). The CPSC sought public rIp6oVfT143VJ29wBQgMbQ1c FOR FURTHER INFORMATION CONTACT: comment on the rule review. This R2jq39w, www.regulations.gov, and Angela Duncan, 571–372–7574, or document announces the availability of from the Commission’s Division of the whs.mc-alex.esd.mbx.dd-dod- the completed regulatory review under Secretariat at the location listed in the [email protected]. section 610 of the testing and ADDRESSES section of this notice. SUPPLEMENTARY INFORMATION: These component part testing regulations. information collections support an The purpose of a rule review under Alberta E. Mills, emergent, high-visibility Secretary of section 610 of the RFA is to determine Secretary, U.S. Consumer Product Safety Defense requirement directed in whether, consistent with the CPSC’s Commission. February 2021 to conduct evaluations of statutory obligations, these standards [FR Doc. 2021–11837 Filed 6–4–21; 8:45 am] 20 DoD installations where the military should be maintained without change, BILLING CODE 6355–01–P community is at increased or decreased rescinded, or modified to minimize any risk for destructive behaviors as significant impact of the rule on a evidenced by measures of unhealthy substantial number of small entities. DEPARTMENT OF DEFENSE command climate. Site visits will take Section 610 requires agencies to place June-August 2021, report consider five factors in reviewing rules Office of the Secretary development in August 2021, Military to minimize any significant economic [Docket ID: DoD–2021–OS–0043] Department coordination in September impact of the rule on a substantial 2021 and delivery of the report to the number of small entities including: Submission for OMB Review; (1) The continued need for the rule; Comment Request Secretary by Oct 2021. Given the (2) The nature of complaints or aggressive timelines the purpose of the AGENCY: Office of the Under Secretary of comments received concerning the rule initial high risk installation evaluations Defense for Personnel and Readiness, from the public; is to pilot an evaluation process and (3) The complexity of the rule; Department of Defense (DoD). metrics in order to develop an enduring (4) The extent to which the rule ACTION: Information collection notice. evaluation method to support future overlaps, duplicates or conflicts with evaluations (expected to be conducted SUMMARY: Consistent with the on biennial basis). DoD Office of Force other Federal rules, and, to the extent Paperwork Reduction Act of 1995 and feasible, with State and local Resiliency (OFR) will identify 20 DoD its implementing regulations, this installations to take part in the governmental rules; and document provides notice DoD is (5) The length of time since the rule assessment. At each location, a handful submitting an Information Collection has been evaluated or the degree to of DoD personnel who either have direct Request to the Office of Management which technology, economic conditions, responsibility for prevention activities and Budget (OMB) to collect or other factors have changed in the area or their superiors will participate. There information on Service members, DoD affected by the rule. 5 U.S.C. 610(b). will be three data sources: (1) Civilians, and DoD contractors in The CPSC received five written Responding to a ‘‘request for evaluating 20 high and low risk comments. The comments came from (1) information’’; (2) participating in installations as directed in Immediate a small business that sells handmade discussions during a three day site visit; Action 2 in the Secretary of Defense items; (2) a small business that sells and (3) completing a survey. Memorandum, ‘‘Immediate Actions to wooden toys and gifts; (3) a small Title; Associated Form; and OMB Counter Sexual Assault and Harassment importer of European toys; (4) the Number: High Risk Installation and the Establishment of a 90-Day American Apparel & Footwear Evaluations; OMB Control Number Independent Review Commission on Association (AAFA); and (5) the 0704–HRIE. Sexual Assault in the Military,’’ Juvenile Products Manufacturers Type of Request: New. February 26, 2021, DoD requests Association (JPMA). Staff’s briefing Number of Respondents: 4,400. emergency processing and OMB package reviews all of the comments Responses per Respondent: 1. authorization to collect the information and provides staff’s analysis applying Annual Responses: 4,400. after publication of this Notice for a the factors listed in section 610 of the Average Burden per Response: 70 period of six months. RFA to the testing and component part minutes. testing regulations. As explained in the DATES: Comments must be received by Annual Burden Hours: 5,134 hours. July 7, 2021. Affected Public: Individuals or 1 The CRA defines a ‘‘major rule’’ as one that has ADDRESSES: The Department has households. resulted in or is likely to result in (1) an annual requested emergency processing from Frequency: Biennial. effect on the economy of $100 million or more; (2) OMB for this information collection Respondent’s Obligation: Voluntary. a major increase in costs or prices for consumers, individual industries, federal, state, or local request by 30 days after publication of Request for Comments: Comments are government agencies, or geographic regions; or (3) this notice. Interested parties can access invited on: (1) Whether the proposed significant adverse effects on competition, the supporting materials and collection collection of information is necessary employment, investment, productivity, or instrument as well as submit comments for the proper performance of the innovation, or on the ability of United States-based enterprises to compete with foreign-based and recommendations to OMB at functions of DoD, including whether the enterprises in domestic and export markets. 5 www.reginfo.gov/public/do/PRAMain. information collected has practical U.S.C. 804(2). Find this particular information utility; (2) the accuracy of DoD’s

VerDate Sep<11>2014 17:36 Jun 04, 2021 Jkt 253001 PO 00000 Frm 00040 Fmt 4703 Sfmt 4703 E:\FR\FM\07JNN1.SGM 07JNN1 khammond on DSKJM1Z7X2PROD with NOTICES 30290 Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Notices

estimate of the burden (including hours interest and provides support to the the Corps. States and Federally and cost) of the proposed collection of Corps in performing its duties and recognized Native American Indian information; (3) ways to enhance the responsibilities under the Endangered tribes, as described in the Charter, are quality, utility, and clarity of the Species Act, 16 U.S.C. 1531 et seq.; Sec. eligible for Committee membership information to be collected; and (4) 601(a) of the Water Resources through an appointment process. ways to minimize the burden of the Development Act (WRDA) of 1986, Interested State and Tribal government collection of information on Public Law 99–662; Sec. 334(a) of representatives should contact the Corps respondents, including automated WRDA 1999, Public Law 106–53, and for information about the appointment collection techniques or the use of other Sec. 5018 of WRDA 2007, Public Law process. forms of information technology. 110–114. The Federal Advisory This Notice is for individuals Dated: June 2, 2021. Committee Act, 5 U.S.C. App. 2, does interested in serving as a stakeholder not apply to the MRRIC. member on the Committee. Members Aaron T. Siegel, A Charter for the MRRIC has been Alternate OSD Federal Register Liaison and their alternates must be able to developed and should be reviewed prior demonstrate that they meet the Officer, Department of Defense. to applying for a stakeholder [FR Doc. 2021–11890 Filed 6–4–21; 8:45 am] definition of ‘‘stakeholder’’ found in the representative membership position on Charter of the MRRIC. Applications are BILLING CODE 5001–06–P the Committee. The Charter, operating currently being accepted for procedures, and stakeholder application representation in the stakeholder forms are available electronically at interest categories listed below: DEPARTMENT OF DEFENSE www.MRRIC.org. a. Conservation Districts; Army Corps of Engineers Purpose and Scope of the Committee b. Environmental; 1. The primary purpose of the MRRIC c. Fish & Wildlife; Notice of Solicitation of Applications is to provide guidance to the Corps and d. Hydropower; for Stakeholder Representative U.S. Fish and Wildlife Service with e. Irrigation; Members of the Missouri River f. Local Government; respect to the Missouri River recovery Recovery Implementation Committee g. Major Tributaries; and mitigation plan currently in h. Navigation; AGENCY: U.S. Army Corps of Engineers, existence, including recommendations i. Recreation; Department of the Army, DoD. relating to changes to the j. Thermal Power; ACTION: Notice. implementation strategy from the use of k. Water Supply; adaptive management; coordination of l. Water Quality; and SUMMARY: The Commander of the the development of consistent policies, m. Waterway Industries Northwestern Division of the U.S. Army strategies, plans, programs, projects, Terms of stakeholder representative Corps of Engineers (Corps) is soliciting activities, and priorities for the Missouri members of the MRRIC are three years. applications to fill vacant stakeholder River recovery and mitigation plan. There is no limit to the number of terms representative member positions on the Information about the Missouri River a member may serve. Incumbent Missouri River Recovery Recovery Program is available at Committee members seeking Implementation Committee (MRRIC). www.MoRiverRecovery.org. reappointment do not need to re-submit 2. Other duties of MRRIC include Members are sought to fill vacancies on an application. However, renewal exchange of information regarding a committee to represent various requests are not guaranteed re-selection programs, projects, and activities of the categories of interests within the and they must submit a renewal request agencies and entities represented on the Missouri River basin. The MRRIC was letter and related materials as outlined Committee to promote the goals of the formed to advise the Corps on a study in the ‘‘Streamlined Process for Existing Missouri River recovery and mitigation of the Missouri River and its tributaries Members’’ portion of the document plan; establishment of such working and to provide guidance to the Corps Process for Filling MRRIC Stakeholder groups as the Committee determines to with respect to the Missouri River Vacancies (www.MRRIC.org). recovery and mitigation activities be necessary to assist in carrying out the currently underway. The Corps duties of the Committee, including Members and alternates of the established the MRRIC as required by duties relating to public policy and Committee will not receive any the U.S. Congress through the Water scientific issues; facilitating the compensation from the federal Resources Development Act of 2007 resolution of interagency and government for carrying out the duties (WRDA), Section 5018. intergovernmental conflicts between of the MRRIC. Travel expenses incurred by members of the Committee are not DATES: The agency must receive entities represented on the Committee associated with the Missouri River currently reimbursed by the federal completed applications and government. endorsement letters no later than July 9, recovery and mitigation plan; Application for Stakeholder 2021. coordination of scientific and other research associated with the Missouri Membership. Persons who believe that ADDRESSES: Mail completed River recovery and mitigation plan; and they are or will be affected by the applications and endorsement letters to annual preparation of a work plan and Missouri River recovery and mitigation U.S. Army Corps of Engineers, Kansas associated budget requests. activities may apply for stakeholder City District (Attn: MRRIC), 601 E 12th Administrative Support. To the extent membership on the MRRIC. Committee Street, Kansas City, MO 64106 or email authorized by law and subject to the members are obligated to avoid and completed applications to mrric@ availability of appropriations, the Corps disclose any individual ethical, legal, usace.army.mil. Please put ‘‘MRRIC’’ in provides funding and administrative financial, or other conflicts of interest the subject line. support for the Committee. they may have involving MRRIC. FOR FURTHER INFORMATION CONTACT: Lisa Committee Membership. Federal Applicants must disclose on their Rabbe, 816–389–3837. agencies with programs affecting the application if they are directly SUPPLEMENTARY INFORMATION: The Missouri River may be members of the employed by a government agency or operation of the MRRIC is in the public MRRIC through a separate process with program (the term ‘‘government’’

VerDate Sep<11>2014 17:36 Jun 04, 2021 Jkt 253001 PO 00000 Frm 00041 Fmt 4703 Sfmt 4703 E:\FR\FM\07JNN1.SGM 07JNN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Notices 30291

encompasses state, tribal, and federal organization, local government, or SUPPLEMENTARY INFORMATION: The agencies and/or programs). constituency as its preferred Department of Education (ED), in Applications for stakeholder representative. accordance with the Paperwork membership may be obtained • Demonstration of an established Reduction Act of 1995 (PRA) (44 U.S.C. electronically at www.MRRIC.org. communication network to keep 3506(c)(2)(A)), provides the general Applications may be emailed or mailed constituents informed and efficiently public and Federal agencies with an to the location listed (see ADDRESSES). In seek their input when needed. opportunity to comment on proposed, order to be considered, each application • Agreement to participate in revised, and continuing collections of must include: collaboration training as a condition of information. This helps the Department 1. The name of the applicant and the membership. assess the impact of its information primary stakeholder interest category All applicants will be notified in collection requirements and minimize that person is qualified to represent; writing as to the final decision about the public’s reporting burden. It also 2. A written statement describing the their application. helps the public understand the applicant’s area of expertise and why Certification. I hereby certify that the Department’s information collection the applicant believes he or she should establishment of the MRRIC is necessary requirements and provide the requested be appointed to represent that area of and in the public interest in connection data in the desired format. ED is expertise on the MRRIC; with the performance of duties imposed soliciting comments on the proposed 3. A written statement describing how on the Corps by the Endangered Species information collection request (ICR) that the applicant’s participation as a Act and other statutes. is described below. The Department of Stakeholder Representative will fulfill Education is especially interested in the roles and responsibilities of MRRIC; D. Peter Helmlinger, public comment addressing the 4. A written description of the Brigadier General, U.S. Army, Division following issues: (1) Is this collection applicant’s past experience(s) working Commander. necessary to the proper functions of the collaboratively with a group of [FR Doc. 2021–11829 Filed 6–4–21; 8:45 am] Department; (2) will this information be individuals representing varied interests BILLING CODE 3720–58–P processed and used in a timely manner; towards achieving a mutual goal, and (3) is the estimate of burden accurate; the outcome of the effort(s); (4) how might the Department enhance 5. A written description of the DEPARTMENT OF EDUCATION the quality, utility, and clarity of the communication network that the [Docket No. ED–2021–SCC–0053] information to be collected; and (5) how applicant plans to use to inform his or might the Department minimize the her constituents and to gather their Agency Information Collection burden of this collection on the feedback, and Activities; Submission to the Office of respondents, including through the use 6. A written endorsement letter from Management and Budget for Review of information technology. Please note an organization, local government body, and Approval; Comment Request; High that written comments received in or formal constituency, which School and Beyond 2022 (HS&B:22) response to this notice will be demonstrates that the applicant Base-Year Full-Scale Study Data considered public records. represents an interest group(s) in the Collection and First Follow-Up Field Title of Collection: High School and Missouri River basin. Test Sampling, Tracking, and Beyond 2022 (HS&B:22) Base-Year Full- To be considered, the application Recruitment Scale Study Data Collection and First must be complete and received by the Follow-up Field Test Sampling, close of business on July 9, 2021, at the AGENCY: Institute of Educational Tracking, and Recruitment. location indicated (see ADDRESSES). Sciences (IES), Department of Education OMB Control Number: 1850–0944. Applications must include an (ED). Type of Review: An extension without endorsement letter to be considered ACTION: Notice. change of a currently approved complete. Full consideration will be collection. given to all complete applications SUMMARY: In accordance with the Respondents/Affected Public: received by the specified due date. Paperwork Reduction Act of 1995, ED is Individuals and Households. Application Review Process. proposing an extension without change Total Estimated Number of Annual Committee stakeholder applications will of a currently approved collection. Responses: 128,478. be forwarded to the current members of DATES: Interested persons are invited to Total Estimated Number of Annual the MRRIC. The MRRIC will provide submit comments on or before July 7, Burden Hours: 53,930. membership recommendations to the 2021. Abstract: The High School and Corps as described in Attachment A of Beyond 2022 study (HS&B:22) will be ADDRESSES: the Process for Filling MRRIC Written comments and the sixth in a series of longitudinal Stakeholder Vacancies document recommendations for proposed studies at the high school level (www.MRRIC.org). The Corps is information collection requests should conducted by the National Center for responsible for appointing stakeholder be sent within 30 days of publication of Education Statistics (NCES), within the members. The Corps will consider this notice to follow/public/do/ Institute of Education Sciences (IES) of applications using the following criteria: PRAMain. Find this information the U.S. Department of Education. • Ability to commit the time required. collection request by selecting HS&B:22 will follow a nationally • Commitment to make a good faith ‘‘Department of Education’’ under representative sample of ninth grade (as defined in the Charter) effort to seek ‘‘Currently Under Review,’’ then check students from the start of high school in balanced solutions that address multiple ‘‘Only Show ICR for Public Comment’’ the fall of 2022 to the spring of 2026 interests and concerns. checkbox. Comments may also be sent when most will be in twelfth grade. A • Agreement to support and adhere to to [email protected]. field test was conducted in fall 2019. the approved MRRIC Charter and FOR FURTHER INFORMATION CONTACT: For The study sample will be freshened in Operating Procedures. specific questions related to collection 2026 to create a nationally • Demonstration of a formal activities, please contact Carrie Clarady, representative sample of twelfth-grade designation or endorsement by an 202–245–6347. students. A high school transcript

VerDate Sep<11>2014 17:36 Jun 04, 2021 Jkt 253001 PO 00000 Frm 00042 Fmt 4703 Sfmt 4703 E:\FR\FM\07JNN1.SGM 07JNN1 khammond on DSKJM1Z7X2PROD with NOTICES 30292 Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Notices

collection and additional follow-up data DEPARTMENT OF EDUCATION initiated innovations to improve student collections beyond high school are also achievement and attainment for high- planned. Applications for New Awards; need students; and rigorously evaluate Education Innovation and Research In preparation for the HS&B:22 Base- such innovations. The EIR program is (EIR) Program—Mid-Phase Grants designed to generate and validate Year Full-Scale study (BYFS), solutions to persistent education scheduled to take place in the fall of AGENCY: Office of Elementary and challenges and to support the expansion Secondary Education, Department of 2022, the Office of Management and of those solutions to serve substantially Education. Budget (OMB) approved (OMB# 1850– larger numbers of students. 0944 v.1–5) a request to conduct the ACTION: Notice. The central design element of the EIR HS&B:22 Base-Year Field Test (BYFT) program is its multi-tier structure that SUMMARY: The Department of Education and the BYFS sampling and state, links the amount of funding an (Department) is issuing a notice inviting school district, school, and parent applicant may receive to the quality of applications for fiscal year (FY) 2021 for recruitment activities, both of which the evidence supporting the efficacy of the EIR program—Mid-phase Grants, began in the fall of 2019. These the proposed project, with the Assistance Listing Number 84.411B activities include collecting student expectation that projects that build this (Mid-phase Grants). This notice relates rosters and selecting the BYFS sample. evidence will advance through EIR’s to the approved information collection grant tiers: ‘‘Early-phase,’’ ‘‘Mid-phase,’’ BYFT activities ended in December under OMB control number 1894–0006. 2019. and ‘‘Expansion.’’ DATES: The Department awards three types of The study initially planned to Applications Available: June 7, 2021. grants under this program: ‘‘Early- conduct its BYFS data collection in the Deadline for Notice of Intent to Apply: phase’’ grants, ‘‘Mid-phase’’ grants, and fall of 2020. Due to the COVID–19 June 28, 2021. ‘‘Expansion’’ grants. These grants differ pandemic, it was decided to postpone Deadline for Transmittal of in terms of the level of prior evidence this collection by two years. OMB Applications: July 7, 2021. of effectiveness required for provided approval to adjust the Deadline for Intergovernmental consideration for funding, the schedule in June 2020, October 2020, Review: September 7, 2021. expectations regarding the kind of and January 2021 (OMB# 1850–0944 Pre-Application Information: The evidence and information funded v.6–8). The base year full-scale data Department will post additional projects should produce, the level of collection will now take place in fall competition information for prospective scale funded projects should reach, and, 2022. This submission requests applicants on the EIR program website: consequently, the amount of funding https://oese.ed.gov/offices/office-of- approval to (1) freshen the school available to support each type of project. discretionary-grants-support-services/ sample to account for the two-year delay Mid-phase grants are supported by innovation-early-learning/education- after the sample was drawn; (2) add moderate evidence (as defined in this innovation-and-research-eir/fy-2021- survey items related to the COVID–19 notice). The Department expects that competition/. Mid-phase grants will be used to fund pandemic to the surveys; (3) track the ADDRESSES: For the addresses for implementation and a rigorous field test sample; and (4) begin sampling obtaining and submitting an evaluation of a program that has been and recruitment activities for the first application, please refer to our Common successfully implemented under an follow-up field test. For the field test Instructions for Applicants to Early-phase grant or other effort meeting follow-up, students who participated in Department of Education Discretionary similar criteria, for the purpose of the base year field test will be tracked Grant Programs, published in the measuring the program’s impact and to inform the main study, but the field Federal Register on February 13, 2019 cost-effectiveness, if possible using test follow-up data collection will occur (84 FR 3768) and available at existing administrative data. one year later with a new sample of www.govinfo.gov/content/pkg/FR-2019- This notice invites applications for twelfth grade students. 02-13/pdf/2019-02206.pdf. Mid-phase grants only. The notice Part A of this submission presents FOR FURTHER INFORMATION CONTACT: inviting applications for Expansion information on the basic design of Yvonne Crockett, U.S. Department of grants is published elsewhere in this HS&B:22. Part B discusses the statistical Education, 400 Maryland Avenue SW, issue of the Federal Register. The notice methods employed. Part C presents Room 3E344, Washington, DC 20202– inviting applications for Early-phase grants will be published in the Federal justification for the questionnaire 5900. Telephone: (202) 453–7122. Register at a later date. content. Appendix A provides the Email: [email protected]. If you use a telecommunications Background: While this notice is for communication materials to be used the Mid-phase tier only, the premise of during state, school district, school, and device for the deaf (TDD) or a text telephone (TTY), call the Federal Relay the EIR program is that new and parent BYFS recruitment and data innovative programs and practices can collection activities. Appendix B Service (FRS), toll-free, at 1–800–877– 8339. help to solve the persistent problems in provides the full-scale data collection education that prevent students, instruments. SUPPLEMENTARY INFORMATION: particularly high-need students, from Dated: June 2, 2021. Full Text of Announcement succeeding. These innovations need to Juliana Pearson, be evaluated, and, if sufficient evidence I. Funding Opportunity Description of effectiveness can be demonstrated, PRA Coordinator, Strategic Collections and Purpose of Program: The EIR program, the intent is for these innovations to be Clearance, Governance and Strategy Division, Office of Chief Data Officer, Office of established under section 4611 of the replicated and tested in new Planning, Evaluation and Policy Elementary and Secondary Education populations and settings. EIR is not Development. Act, as amended (ESEA), provides intended to provide support for practices that are already commonly [FR Doc. 2021–11860 Filed 6–4–21; 8:45 am] funding to create, develop, implement, replicate, or take to scale implemented by educators, unless BILLING CODE 4000–01–P entrepreneurial, evidence-based, field- significant adaptations of such practices

VerDate Sep<11>2014 17:36 Jun 04, 2021 Jkt 253001 PO 00000 Frm 00043 Fmt 4703 Sfmt 4703 E:\FR\FM\07JNN1.SGM 07JNN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Notices 30293

warrant testing to determine if they can period ends, assuming that the practice Pre-Kindergarten (Pre-K) through grade accelerate achievement, or greatly has positive effects on important 12 STEM education and anticipates that increase the efficiency and likelihood student outcomes. In order to support projects would expand opportunities for that they can be widely implemented in adoption or replication by other entities, high-need students. Within this absolute a variety of new populations and the evaluation of a Mid-phase project priority, the Department includes a settings effectively. should identify and codify the core competitive preference priority that As an EIR project is implemented, elements of the EIR-supported practice focuses on expanding opportunities in grantees are encouraged to learn more that the project implements, and computer science for underserved about how the practices improve examine the effectiveness of the project populations such as minorities, girls, student achievement and attainment; for any new populations or settings that and youth from rural communities and and to develop increasingly rigorous are included in the project. The low-income families, to help reduce evidence of effectiveness and new Department intends to provide grantees achievement and attainment gaps in a strategies to efficiently and cost- and their independent evaluators with manner consistent with effectively scale to new school districts, evaluation technical assistance. This nondiscrimination requirements regions, and States. We encourage evaluation technical assistance could contained in the U.S. Constitution and applicants to develop a logic model (as include grantees and their independent Federal civil rights laws. defined in this notice), theory of action, evaluators providing to the Department Absolute Priority 4—Field-Initiated or another conceptual framework that or its contractor updated comprehensive Innovations—Fostering Knowledge and includes the goals, objectives, outcomes, evaluation plans in a format as Promoting the Development of Skills and key project components (as defined requested by the technical assistance That Prepare Students To Be Informed, in this notice) of the project. provider and using such tools as the Thoughtful, and Productive Individuals All EIR applicants and grantees Department may request. Grantees will and Citizens, is intended to advance should also consider how they need to be encouraged to update this evaluation innovation, build evidence, and address develop their organizational capacity, plan at least annually to reflect any the learning and achievement of high- project financing, or business plans to changes to the evaluation, with updates need students beginning in Pre-K sustain their projects and continue consistent with the scope and objectives through grade 12. The priority promotes implementation and adaptation after of the approved application. social and emotional learning (SEL) Federal funding ends. The Department The FY 2021 Mid-phase competition skills that prepare students to be intends to provide grantees with includes four absolute priorities, one informed, thoughtful, and productive technical assistance in their competitive preference priority, and two individuals. dissemination, scaling, and invitational priorities. All Mid-phase The two invitational priorities sustainability efforts. applicants must address Absolute highlight the Administration’s EIR is designed to offer opportunities Priority 1. Mid-phase applicants are also acknowledgment of the timely and for States, districts, schools, and required to address one of the other urgent needs in Pre-K–12 education educators to develop innovations and three absolute priorities. Applicants related to addressing the impact of the scale effective practices that address addressing Absolute Priority 3 also have novel coronavirus 2019 (COVID–19) and their most pressing challenges. the option to address the competitive promoting equity. Mid-phase projects are expected to preference priority. Applicants have the Invitational Priority 1—Innovative refine and expand the use of practices option of addressing one or more of the Approaches to Addressing the Impact of with prior evidence of effectiveness in invitational priorities and may opt to do COVID–19 on Underserved Students order to improve outcomes for high- so regardless of the absolute priority and Educators is intended to encourage need students. They are also expected to they select. applicants to propose projects that focus generate important information about an Absolute Priority 1—Moderate on the needs of underserved students intervention’s effectiveness, including Evidence establishes the evidence most impacted by COVID–19. COVID– for whom and in which contexts a requirement for this tier of grants. All 19 has caused unprecedented disruption practice is most effective, as well as Mid-phase applicants must submit prior in schools across the country and drawn cost-effectiveness. Mid-phase projects evidence of effectiveness that meets the renewed attention to the ongoing are uniquely positioned to help answer moderate evidence standard. challenges for underserved students. In critical questions about the process of Absolute Priority 2—Field-Initiated response to the pandemic, educators scaling a practice to the regional or Innovations—General allows applicants have mobilized and continue to address national levels (as defined in this to propose projects that align with the the needs of all students. Researchers notice) across geographies. Mid-phase intent of the EIR program statute: To and educators are now working to grantees are encouraged to consider how create and take to scale entrepreneurial, understand and address the impact of the cost structure of a practice can evidence-based, field-initiated inconsistent access to instruction, change as the intervention scales. innovations to improve student services, and supports, and other Additionally, grantees may want to achievement and attainment. challenges. consider multiple ways to facilitate Absolute Priority 3—Field-Initiated State educational agencies (SEAs), implementation fidelity without making Innovations—Science, Technology, local educational agencies (LEAs), and scaling too onerous. Engineering, or Mathematics (STEM) is nonprofit organizations play essential Mid-phase applicants are encouraged intended to support innovations to roles in building capacity at the State to design an evaluation that has the improve student achievement and and local level that both respond to potential to meet the strong evidence (as attainment in the STEM field, consistent current crises, and also create the defined in this notice) threshold. Mid- with efforts to ensure our Nation’s systems and structures to support long- phase grantees should measure the cost economic competitiveness by improving term change. The Department is effectiveness of their practices using and expanding STEM learning and interested in projects that develop and administrative or other readily available engagement, including computer evaluate evidence-based, field-initiated data. These types of efforts are critical science (as defined in this notice). innovations for addressing the impact of to sustaining and scaling EIR-funded In Absolute Priority 3, the Department COVID–19 in ways that accelerate effective practices after the EIR grant recognizes the importance of funding learning for students and address

VerDate Sep<11>2014 17:36 Jun 04, 2021 Jkt 253001 PO 00000 Frm 00044 Fmt 4703 Sfmt 4703 E:\FR\FM\07JNN1.SGM 07JNN1 khammond on DSKJM1Z7X2PROD with NOTICES 30294 Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Notices

students’ social, emotional, physical courses, 8 percent were Black, when the application of discipline policies; and mental health, and academic needs, Black students represent 16 percent of and access to certified, experienced, and with a focus on targeting resources and high school enrollment. A similar trend effective teachers. supports to underserved students. The exists for physics courses in which 12 The Department seeks projects that EIR program statute refers to ‘‘high- percent of Black students were enrolled. develop and evaluate evidence-based, needs students.’’ In addressing the (U.S. Department of Education’s 2015– field-initiated innovations to remedy the needs of underserved students, the 16 Civil Rights Data Collect STEM inequities in our country’s education statutory requirement for serving ‘‘high- Course Taking Report, 2018). system. This type of innovation will needs students’’ can also be addressed. Additionally, during the 2015–16 better enable students the access to the Projects that include collaboration school year, African American male educational opportunities they need to with key stakeholders are particularly students comprised 8 percent of succeed in school and reach their future encouraged to understand and support students enrolled and 25 percent of goals. students’ needs by addressing historical students who received an out-of-school We particularly welcome projects that educational inequities and the impact of suspension. National data show that focus on: Eliminating inequities in the COVID–19 pandemic (namely, the African American girls are 5.5 times access to fully certified, experienced, interruption of traditional patterns of more likely and Native American girls and effective teachers; addressing education due to school closures and are 3 times more likely to be suspended inequities in access to and success in a the disproportionate social, emotional, from school than White girls (U.S. rigorous, engaging, and culturally and physical and mental health, and Department of Education’s 2015–16 linguistically responsive teaching and academic impacts on particular student Civil Rights Data Collection School learning environment that prepares groups). Examples might include re- Climate and Safety Report, 2018). students for college and career; engaging students by implementing and Research shows, however, that these including diverse stakeholders in State continuously improving student- disparities are not the result of and local education decisions; centered, technology-enabled learning differences in behavior, but rather supporting resource and discipline models, utilizing multi-tier systems of perceptions of student behavior. The equity; addressing disproportionality in support, providing trauma-informed Department is interested in projects that special education or programs for practice, leveraging embedded address these discipline disparities English learners; and improving the diagnostic or formative assessments to which contribute to missed learning quality of educational programs in personalize learning, and providing opportunities. juvenile justice facilities or supporting other evidence-based supports and Although multiple factors influence re-entry after release. educational opportunities to accelerate teacher impact on student achievement, Through these priorities, the grade-level student learning. data suggests that teacher experience Department intends to advance The Department seeks innovative and certification impact educational innovation, build evidence, and address strategies under this priority that equity. Schools with high enrollments the learning and achievement of high- support students’ success in the of students of color were four times as need students beginning in Pre-K classroom; are delivered by qualified likely to employ uncertified teachers as through grade 12. individuals (based on requirements were schools with low enrollment of Priorities: This notice includes four established by the applicant) who students of color. Students in schools absolute priorities and one competitive receive adequate training and support; with high enrollments of students of preference priority. In accordance with and are aligned with students’ learning color also have less access to 34 CFR 75.105(b)(2)(ii), Absolute experiences in their classrooms. This experienced teachers. In these schools, Priority 1 is from 34 CFR 75.226(d)(2). includes incorporating those nearly one in every six teachers is just In accordance with 34 CFR innovations and technology practices beginning his or her career, compared to 75.105(b)(2)(iv), Absolute Priority 2 is from the last year that have improved one in every 10 teachers in schools with from section 4611(a)(1)(A) of the ESEA. student’s learning experiences to low enrollment of students of color In accordance with 34 CFR supplementally support and enhance (Cardichon, et al., 2020). The 75.105(b)(2)(iv), Absolute Priorities 3 the return to in-person learning. As we Department is interested in projects that and 4 are from section 4611(a)(1)(A) of work to transform the current crisis- address disparities in teacher the ESEA and the Supplemental driven response into a long-term, certification and experience given Priorities and Definitions for sustainable, and resilient learning research indicating that fully certified Discretionary Grant Programs, ecosystem, technology will be an and experienced teachers relate to published in the Federal Register on invaluable component to meet the needs student achievement (Boyd, et al., 2006; March 2, 2018 (83 FR 9096) of variable and diverse learners, support Clotfelter, et al., 2007; Darling- (Supplemental Priorities). The teachers, and provide school and Hammond, et al., 2005; Kini & Podolsky, competitive preference priority is from district leaders with flexible models to 2016; Goe, 2007; Ladd & Sorenson, the Supplemental Priorities. We also support learning. 2017; Podolsky, et al., 2019). include two invitational priorities. Invitational Priority 2—Promoting The Department seeks to support In the Mid-phase grant competition, Equity and Adequacy in Student Access projects that propose innovative ways to Absolute Priorities 2, 3, and 4 constitute to Educational Resources and address the various inequities in this their own funding categories. The Opportunities is intended to offer country’s education system. This type of Secretary intends to award grants under applicants the option of proposing innovation will better enable educators each of these absolute priorities projects that promote equity. Improving to work toward closing achievement provided that applications of sufficient educational equity and adequacy is a gaps and helping all students succeed in quality are submitted. To ensure that priority for the Nation’s education school and reach toward their future applicants are considered for the correct system, with particular emphasis on goals. type of grant, applicants must clearly supporting underserved students. For Underserved students have less access identify the specific absolute priority example, the Department’s 2018 news to the educational opportunities they that the proposed project addresses. If release on STEM course-taking reported need to succeed, including access to an entity is interested in proposing that of students enrolled in Calculus well-rounded and rigorous coursework; separate projects (e.g., one that

VerDate Sep<11>2014 17:36 Jun 04, 2021 Jkt 253001 PO 00000 Frm 00045 Fmt 4703 Sfmt 4703 E:\FR\FM\07JNN1.SGM 07JNN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Notices 30295

addresses Absolute Priority 2 and within 14 days of the initial contact to Thoughtful, and Productive Individuals another that addresses Absolute Priority the study author(s), the study may be and Citizens. 3), separate applications must be deemed ineligible under the grant Projects that are designed to— submitted. competition. After the grant competition (1) Create, develop, implement, Absolute Priorities: For FY 2021 and closes, the WWC will, for purposes of its replicate, or take to scale any subsequent year in which we make own curation of studies, continue to entrepreneurial, evidence-based, field- awards from the list of unfunded include responses to author queries and initiated innovations to improve student applications from this competition, make updates to study reviews as achievement and attainment for high- these priorities are absolute priorities. necessary. However, no additional need students; and Under 34 CFR 75.105(c)(3), we consider information will be considered after the (2) Improve student academic only applications that meet Absolute competition closes and the initial performance and better prepare students Priority 1—Moderate Evidence, and one timeline established for response to an for employment, responsible additional absolute priority (Absolute author query passes. citizenship, and fulfilling lives, Priority 2, Absolute Priority 3, or Absolute Priority 2—Field-Initiated including by preparing children or Absolute Priority 4). Innovations—General. students to do one or more of the These priorities are: Projects that are designed to create, following: Absolute Priority 1—Moderate develop, implement, replicate, or take to (a) Develop positive personal Evidence. scale entrepreneurial, evidence-based, relationships with others. Projects supported by evidence that field-initiated innovations to improve (b) Develop determination, meets the conditions in the definition of student achievement and attainment for perseverance, and the ability to ‘‘moderate evidence.’’ high-need students. overcome obstacles. Note: An applicant must identify up to two Absolute Priority 3—Field-Initiated (c) Develop self-esteem through study citations to be reviewed against the Innovations—Promoting STEM perseverance and earned success. What Works Clearinghouse (WWC) Education, With a Particular Focus on (d) Develop problem-solving skills. Handbooks (as defined in this notice) for the Computer Science. (e) Develop self-regulation in order to purposes of meeting the definition of Projects that are designed to— work toward long-term goals. ‘‘moderate evidence.’’ The studies may have (1) Create, develop, implement, Invitational Priorities: For FY 2021 been conducted by the applicant or by a third replicate, or take to scale and any subsequent year in which we party. An applicant should clearly identify these citations in the Evidence form. An entrepreneurial, evidence-based, field- make awards from the list of unfunded applicant must ensure that all citations are initiated innovations to improve student applications from this competition, available to the Department from publicly achievement and attainment for high- these priorities are invitational available sources and provide links or other need students; and priorities. Under 34 CFR.105(c)(1) we do guidance indicating where it is available. The (2) Improve student achievement or not give an application that meets these Department may not review a study citation other educational outcomes in one or invitational priorities a competitive or that an applicant fails to clearly identify for more of the following areas: Science, absolute preference over other review. technology, engineering, math, or applications. In addition to including up to two computer science (as defined in this These priorities are: study citations, applicants should notice). Invitational Priority 1—Innovative describe in the form information such as Competitive Preference Priority: Approaches to Addressing the Impact of the following: (1) The positive student Within Absolute Priority 3, we give COVID–19 on Underserved Students outcomes they intend to replicate under competitive preference to applications and Educators. their Mid-phase grant and how the that address this competitive preference Projects that are designed to address characteristics of students and the priority. Under 34 CFR 75.105(c)(2)(i) the needs of underserved students most positive student outcomes in the study we award up to an additional five points impacted by COVID–19. citations correspond with the to an application, depending on how Invitational Priority 2—Promoting characteristics of the high-need students well the application addresses the Equity and Adequacy in Student Access to be served under the Mid-phase grant; competitive preference priority. to Educational Resources and (2) the correspondence of practice(s) the This priority is: Opportunities. applicant plans to implement with the Projects designed to improve student Projects that are designed to promote practice(s) cited in the studies; and (3) achievement or other educational equity and adequacy in access to critical the intended student outcomes that the outcomes in computer science. These resources in Pre-K–12 for underserved proposed practice(s) attempts to impact. projects must address expanding access students. If the Department determines that an to and participation in rigorous Definitions: The definitions of applicant has provided insufficient computer science coursework for ‘‘baseline,’’ ‘‘experimental study,’’ information, the applicant will not have traditionally underrepresented students ‘‘logic model,’’ ‘‘moderate evidence,’’ an opportunity to provide additional such as racial or ethnic minorities, ‘‘national level,’’ ‘‘nonprofit,’’ information. However, if the WWC women, students in communities served ‘‘performance measure,’’ ‘‘performance determines that a study does not by rural local educational agencies (as target,’’ ‘‘project component,’’ ‘‘quasi- provide enough information on key defined in this notice), children or experimental design study,’’ ‘‘regional aspects of the study design, such as students with disabilities (as defined in level,’’ ‘‘relevant outcome,’’ ‘‘strong sample attrition or equivalence of this notice), or low-income individuals evidence,’’ and ‘‘What Works intervention and comparison groups, (as defined under section 312(g) of the Clearinghouse Handbooks (WWC the WWC may submit a query to the Higher Education Act of 1965, as Handbooks)’’ are from 34 CFR 77.1. The study author(s) to gather information for amended). definitions of ‘‘children or students with use in determining a study rating. Absolute Priority 4—Field-Initiated disabilities,’’ ‘‘computer science,’’ and Authors would be asked to respond to Innovations—Fostering Knowledge and ‘‘rural local educational agency’’ are queries within 10 business days. Should Promoting the Development of Skills from the Supplemental Priorities. The the author query remain incomplete That Prepare Students To Be Informed, definitions of ‘‘local educational

VerDate Sep<11>2014 17:36 Jun 04, 2021 Jkt 253001 PO 00000 Frm 00046 Fmt 4703 Sfmt 4703 E:\FR\FM\07JNN1.SGM 07JNN1 khammond on DSKJM1Z7X2PROD with NOTICES 30296 Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Notices

agency’’ and ‘‘State educational agency’’ treatment group) or not to receive the of the proposed project (i.e., the active are from section 8101 of the ESEA. project component (the control group). ‘‘ingredients’’ that are hypothesized to Baseline means the starting point (ii) A regression discontinuity design be critical to achieving the relevant from which performance is measured study assigns the project component outcomes) and describes the theoretical and targets are set. being evaluated using a measured and operational relationships among the Children or students with disabilities variable (e.g., assigning students reading key project components and relevant means children with disabilities as below a cutoff score to tutoring or outcomes. defined in the Individuals with developmental education classes) and Moderate evidence means that there is Disabilities Education Act (IDEA) or controls for that variable in the analysis evidence of effectiveness of a key individuals defined as having a of outcomes. project component in improving a disability under Section 504 of the (iii) A single-case design study uses relevant outcome for a sample that Rehabilitation Act of 1973 (Section 504) observations of a single case (e.g., a overlaps with the populations or (or children or students who are eligible student eligible for a behavioral settings proposed to receive that under both laws). intervention) over time in the absence component, based on a relevant finding Computer science means the study of and presence of a controlled treatment from one of the following: computers and algorithmic processes manipulation to determine whether the (i) A practice guide prepared by the and includes the study of computing outcome is systematically related to the WWC using version 2.1, 3.0, 4.0, or 4.1 principles and theories, computational treatment. of the WWC Handbooks reporting a thinking, computer hardware, software Local educational agency (LEA) ‘‘strong evidence base’’ or ‘‘moderate design, coding, analytics, and computer means: evidence base’’ for the corresponding (a) In General. A public board of applications. practice guide recommendation; education or other public authority (ii) An intervention report prepared Computer science often includes legally constituted within a State for by the WWC using version 2.1, 3.0, 4.0, computer programming or coding as a either administrative control or or 4.1 of the WWC Handbooks reporting tool to create software, including direction of, or to perform a service a ‘‘positive effect’’ or ‘‘potentially applications, games, websites, and tools function for, public elementary schools positive effect’’ on a relevant outcome to manage or manipulate data; or or secondary schools in a city, county, based on a ‘‘medium to large’’ extent of development and management of township, school district, or other evidence, with no reporting of a computer hardware and the other political subdivision of a State, or of or ‘‘negative effect’’ or ‘‘potentially electronics related to sharing, securing, for a combination of school districts or negative effect’’ on a relevant outcome; and using digital information. counties that is recognized in a State as or In addition to coding, the expanding an administrative agency for its public (iii) A single experimental study or field of computer science emphasizes elementary schools or secondary quasi-experimental design study computational thinking and schools. reviewed and reported by the WWC interdisciplinary problem-solving to (b) Administrative Control and using version 2.1, 3.0, 4.0, or 4.1 of the equip students with the skills and Direction. The term includes any other WWC Handbooks, or otherwise assessed abilities necessary to apply computation public institution or agency having by the Department using version 4.1 of in our digital world. administrative control and direction of the WWC Handbook, as appropriate, Computer science does not include a public elementary school or secondary and that— using a computer for everyday activities, school. (A) Meets WWC standards with or such as browsing the internet; use of (c) Bureau of Indian Education without reservations; tools like word processing, Schools. The term includes an (B) Includes at least one statistically spreadsheets, or presentation software; elementary school or secondary school significant and positive (i.e., favorable) or using computers in the study and funded by the Bureau of Indian effect on a relevant outcome; exploration of unrelated subjects. Education but only to the extent that (C) Includes no overriding statistically Experimental study means a study including the school makes the school significant and negative effects on that is designed to compare outcomes eligible for programs for which specific relevant outcomes reported in the study between two groups of individuals eligibility is not provided to the school or in a corresponding WWC (such as students) that are otherwise in another provision of law and the intervention report prepared under equivalent except for their assignment school does not have a student version 2.1, 3.0, 4.0, or 4.1 of the WWC to either a treatment group receiving a population that is smaller than the Handbooks; and project component or a control group student population of the LEA receiving (D) Is based on a sample from more that does not. Randomized controlled assistance under the ESEA with the than one site (e.g., State, county, city, trials, regression discontinuity design smallest student population, except that school district, or postsecondary studies, and single-case design studies the school shall not be subject to the campus) and includes at least 350 are the specific types of experimental jurisdiction of any SEA (as defined in students or other individuals across studies that, depending on their design this notice) other than the Bureau of sites. Multiple studies of the same and implementation (e.g., sample Indian Education. project component that each meet attrition in randomized controlled trials (d) Educational Service Agencies. The requirements in paragraphs (iii)(A), (B), and regression discontinuity design term includes educational service and (C) of this definition may together studies), can meet What Works agencies and consortia of those satisfy this requirement. Clearinghouse (WWC) standards agencies. National level describes the level of without reservations as described in the (e) State Educational Agency. The scope or effectiveness of a process, WWC Handbooks: term includes the SEA in a State in product, strategy, or practice that is able (i) A randomized controlled trial which the SEA is the sole educational to be effective in a wide variety of employs random assignment of, for agency for all public schools. communities, including rural and urban example, students, teachers, classrooms, Logic model (also referred to as a areas, as well as with different groups or schools to receive the project theory of action) means a framework (e.g., economically disadvantaged, racial component being evaluated (the that identifies key project components and ethnic groups, migrant populations,

VerDate Sep<11>2014 17:36 Jun 04, 2021 Jkt 253001 PO 00000 Frm 00047 Fmt 4703 Sfmt 4703 E:\FR\FM\07JNN1.SGM 07JNN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Notices 30297

individuals with disabilities, English Rural and Low-Income School (RLIS) What Works Clearinghouse learners, and individuals of each program authorized under Title V, Part Handbooks (WWC Handbooks) means gender). B of the ESEA. Eligible applicants may the standards and procedures set forth Nonprofit, as applied to an agency, determine whether a particular district in the WWC Standards Handbook, organization, or institution, means that is eligible for these programs by Versions 4.0 or 4.1, and WWC it is owned and operated by one or more referring to information on the Procedures Handbook, Versions 4.0 or corporations or associations whose net Department’s website at https:// 4.1, or in the WWC Procedures and earnings do not benefit, and cannot oese.ed.gov/files/2021/04/FY2021- Standards Handbook, Version 3.0 or lawfully benefit, any private Master-Eligibility-Spreadsheet-public- Version 2.1 (all incorporated by shareholder or entity. 04052021.xlsx. reference, see § 77.2). Study findings Performance measure means any State educational agency (SEA) eligible for review under WWC quantitative indicator, statistic, or means the agency primarily responsible standards can meet WWC standards metric used to gauge program or project for the State supervision of public without reservations, meet WWC performance. elementary schools and secondary standards with reservations, or not meet Performance target means a level of schools. WWC standards. WWC practice guides performance that an applicant would Strong evidence means that there is and intervention reports include seek to meet during the course of a evidence of the effectiveness of a key findings from systematic reviews of project or as a result of a project. project component in improving a evidence as described in the WWC Project component means an activity, relevant outcome for a sample that Handbooks documentation. strategy, intervention, process, product, overlaps with the populations and practice, or policy included in a project. Note: The What Works Clearinghouse settings proposed to receive that Evidence may pertain to an individual Procedures and Standards Handbooks are component, based on a relevant finding available at https://ies.ed.gov/ncee/wwc/ project component or to a combination from one of the following: Handbooks. of project components (e.g., training (i) A practice guide prepared by the teachers on instructional practices for References English learners and follow-on coaching WWC using version 2.1, 3.0, 4.0, or 4.1 for these teachers). of the WWC Handbooks reporting a Boyd, D., Grossman, P., Lankford, H., Loeb, Quasi-experimental design study ‘‘strong evidence base’’ for the S., & Wyckoff, J. (2006). How changes in means a study using a design that corresponding practice guide entry requirements alter the teacher recommendation; workforce and affect student attempts to approximate an achievement. Education Finance and experimental study by identifying a (ii) An intervention report prepared by the WWC using version 2.1, 3.0, 4.0, Policy, 1(2), 176–216. comparison group that is similar to the Cardichon, J., Darling-Hammond, L., Yang, treatment group in important respects. or 4.1 of the WWC Handbooks reporting M., Scott, C., Shields, P.M., & Burns, D. This type of study, depending on design a ‘‘positive effect’’ on a relevant (2020). Inequitable opportunity to learn and implementation (e.g., establishment outcome based on a ‘‘medium to large’’ student access to certified and of baseline equivalence of the groups extent of evidence, with no reporting of experienced teachers. Learning Policy being compared), can meet WWC a ‘‘negative effect’’ or ‘‘potentially Institute. https:// negative effect’’ on a relevant outcome; learningpolicyinstitute.org/sites/default/ standards with reservations, but cannot files/product-files/CRDC_Teacher_ meet WWC standards without or _ (iii) A single experimental study Access REPORT.pdf. reservations, as described in the WWC Clotfelter, C.T., Ladd, H.F., & Vigdor, J.L. Handbooks. reviewed and reported by the WWC (2007). How and why do teacher Regional level describes the level of using version 2.1, 3.0, 4.0, or 4.1 of the credentials matter for student scope or effectiveness of a process, WWC Handbooks, or otherwise assessed achievement? (NBER Working Paper product, strategy, or practice that is able by the Department using version 4.1 of 12828). Cambridge, MA: National Bureau to serve a variety of communities within the WWC Handbooks, as appropriate, of Economic Research. a State or multiple States, including and that— Darling-Hammond, L., Holtzman, D., Gatlin, S.J., & Vasquez Heilig, J. (2005). Does rural and urban areas, as well as with (A) Meets WWC standards without reservations; teacher preparation matter? Evidence different groups (e.g., economically about teacher certification, Teach for disadvantaged, racial and ethnic groups, (B) Includes at least one statistically America, and teacher effectiveness. migrant populations, individuals with significant and positive (i.e., favorable) Education Policy Analysis Archives, disabilities, English learners, and effect on a relevant outcome; 13(42). DOI: https://doi.org/10.14507/ individuals of each gender). For an LEA- (C) Includes no overriding statistically epaa.v13n42.2005. based project, to be considered a significant and negative effects on Kini, T., & Podolsky, A. (2016). Does teaching regional-level project, a process, relevant outcomes reported in the study experience increase teacher effectiveness? A review of the research. product, strategy, or practice must serve or in a corresponding WWC intervention report prepared under Palo Alto, CA: Learning Policy Institute. students in more than one LEA, unless https://learningpolicyinstitute.org/ the process, product, strategy, or version 2.1, 3.0, 4.0, or 4.1 of the WWC product/does-teachingexperience- practice is implemented in a State in Handbooks; and increase-teacher-effectiveness-review- which the SEA is the sole educational (D) Is based on a sample from more research. agency for all schools. than one site (e.g., State, county, city, Goe, L. (2007). The link between teacher Relevant outcome means the student school district, or postsecondary quality and student outcomes: A outcome(s) or other outcome(s) the key campus) and includes at least 350 research synthesis. Washington, DC: project component is designed to students or other individuals across National Comprehensive Center for sites. Multiple studies of the same Teacher Quality. improve, consistent with the specific Ladd, H.F., & Sorensen, L.C. (2017). Returns goals of the program. project component that each meet to teacher experience: Student Rural local educational agency means requirements in paragraphs (iii)(A), (B), achievement and motivation in middle a local educational agency that is and (C) of this definition may together school. Education Finance and Policy, eligible under the Small Rural School satisfy the requirement in this paragraph 12(2), 241–279. Achievement (SRSA) program or the (iii)(D). Podolsky, A., Darling-Hammond, L., Doss, C.,

VerDate Sep<11>2014 17:36 Jun 04, 2021 Jkt 253001 PO 00000 Frm 00048 Fmt 4703 Sfmt 4703 E:\FR\FM\07JNN1.SGM 07JNN1 khammond on DSKJM1Z7X2PROD with NOTICES 30298 Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Notices

& Reardon, S. (2019). California’s (Early-phase, Mid-phase, and (b) A majority of the schools to be positive outliers: Districts beating the Expansion). The maximum award served by the program are designated odds. Palo Alto, CA: Learning Policy amount a grantee may receive under with a locale code of 32, 33, 41, 42, or Institute. https://learningpolicy these three competitions, taken together, 43, or a combination of such codes, as institute.org/product/positive-outliers- districts-beating-odds. is $15,000,000. If an entity is within determined by the Secretary. U.S. Department of Education’s 2015–16 funding range for multiple applications, Applicants are encouraged to retrieve Civil Rights Data Collection School the Department will award the highest locale codes from the National Center Climate and Safety Report (2018). scoring applications up to $15,000,000. for Education Statistics School District www2.ed.gov/about/offices/list/ocr/docs/ Estimated Number of Awards: 10–15. search tool (https://nces.ed.gov/ccd/ school-climate-and-safety.pdf. Note: The Department is not bound by any districtsearch/), where districts can be U.S. Department of Education 2015–16 Civil estimates in this notice. looked up individually to retrieve locale Rights Data Collection STEM Course codes, and Public School search tool Taking Report. (2018). www2.ed.gov/ Project Period: Up to 60 months. (https://nces.ed.gov/ccd/schoolsearch/), about/offices/list/ocr/docs/stem-course- Note: Under section 4611(c) of the ESEA, where individual schools can be looked taking.pdf. the Department must use at least 25 percent up to retrieve locale codes. More Program Authority: 20 U.S.C. 7261. of EIR funds for a fiscal year to make awards information on rural applicant to applicants serving rural areas, contingent eligibility is in the application package. Note: Projects will be awarded and must be on receipt of a sufficient number of operated in a manner consistent with the applications of sufficient quality. For Note: If you are a nonprofit organization, nondiscrimination requirements contained in purposes of this competition, we will under 34 CFR 75.51, you may demonstrate Federal civil rights laws. consider an applicant as rural if the applicant your nonprofit status by providing: (1) Proof Applicable Regulations: (a) The meets the qualifications for rural applicants that the Internal Revenue Service currently Education Department General as described in the Eligible Applicants recognizes the applicant as an organization to Administrative Regulations in 34 CFR section and the applicant certifies that it which contributions are tax deductible under section 501(c)(3) of the Internal Revenue parts 75, 77, 79, 81, 82, 84, 86, 97, 98, meets those qualifications through the application. Code, (2) a statement from a State taxing and 99. (b) The Office of Management body or the State attorney general certifying and Budget Guidelines to Agencies on In implementing this statutory that the organization is a nonprofit Governmentwide Debarment and provision and program requirement, the organization operating within the State and Suspension (Nonprocurement) in 2 CFR Department may fund high-quality that no part of its net earnings may lawfully part 180, as adopted and amended as applications from rural applicants out of benefit any private shareholder or individual, regulations of the Department in 2 CFR rank order in the Mid-phase (3) a certified copy of the applicant’s part 3485. (c) The Uniform competition. certificate of incorporation or similar In addition, for the FY 2021 Mid- document if it clearly establishes the Administrative Requirements, Cost nonprofit status of the applicant, or (4) any Principles, and Audit Requirements for phase competition, the Department item described above if that item applies to Federal Awards in 2 CFR part 200, as intends to award an estimated $32 a State or national parent organization, adopted and amended as regulations of million in funds for STEM projects and together with a statement by the State or the Department in 2 CFR part 3474. (d) $32 million in funds for SEL projects, parent organization that the applicant is a The Supplemental Priorities. contingent on receipt of a sufficient local nonprofit affiliate. number of applications of sufficient Note: The regulations in 34 CFR part 86 In addition, any IHE is eligible to be apply to institutions of higher education quality. a partner in an application where an (IHEs) only. III. Eligibility Information LEA, SEA, BIE, consortium of SEAs or LEAs, or a nonprofit organization is the 1. Eligible Applicants: II. Award Information lead applicant that submits the (a) An LEA; Type of Award: Discretionary grants. (b) An SEA; application. A private IHE that is a Estimated Available Funds: (c) The Bureau of Indian Education nonprofit organization can apply for an $180,000,000. (BIE); EIR grant. A nonprofit organization, These estimated available funds are (d) A consortium of SEAs or LEAs; such as a development foundation, that the total available for all three types of (e) A nonprofit organization; and is affiliated with a public IHE can apply grants under the EIR program (Early- (f) An LEA, an SEA, the BIE, or a for a grant. A public IHE that has phase, Mid-phase, and Expansion consortium described in clause (d), in 501(c)(3) status would also qualify as a grants). partnership with— nonprofit organization and could be a Contingent upon the availability of (1) A nonprofit organization; lead applicant for an EIR grant. A public funds and the quality of applications, (2) A business; IHE without 501(c)(3) status (even if that we may make additional awards in (3) An educational service agency; or entity is tax exempt under Section 115 subsequent years from the list of (4) An IHE. of the Internal Revenue Code or any unfunded applications from this To qualify as a rural applicant under other State or Federal provision), or that competition. the EIR program, an applicant must could not provide any other Estimated Average Size of Awards: meet both of the following documentation described in 34 CFR Up to $8,000,000. requirements: 75.51(b), however, would not qualify as Maximum Award: We will not make (a) The applicant is— a nonprofit organization, and therefore an award exceeding $8,000,000 for a (1) An LEA with an urban-centric could not apply for and receive an EIR project period of 60 months. The district locale code of 32, 33, 41, 42, or grant. Department intends to fund one or more 43, as determined by the Secretary; 2. Cost Sharing or Matching: Under projects under each of the EIR (2) A consortium of such LEAs; section 4611(d) of the ESEA, each grant competitions, including Expansion (3) An educational service agency or recipient must provide, from Federal, (84.411A), Mid-phase (84.411B), and a nonprofit organization in partnership State, local, or private sources, an Early-phase (84.411C). Entities may with such an LEA; or amount equal to 10 percent of funds submit applications for different (4) A grantee described in clause (1) provided under the grant, which may be projects for more than one competition or (2) in partnership with an SEA; and provided in cash or through in-kind

VerDate Sep<11>2014 17:36 Jun 04, 2021 Jkt 253001 PO 00000 Frm 00049 Fmt 4703 Sfmt 4703 E:\FR\FM\07JNN1.SGM 07JNN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Notices 30299

contributions, to carry out activities they download the intended EIR application application. We recommend that you (1) supported by the grant. Grantees must package and that they submit their limit the application narrative for a Mid- include a budget showing their applications under the intended EIR phase grant to no more than 30 pages matching contributions to the budget competition. and (2) use the following standards: amount of EIR grant funds and must b. Evaluation: The grantee must • A ‘‘page’’ is 8.5″ x 11″, on one side provide evidence of their matching conduct an independent evaluation of only, with 1″ margins at the top, bottom, contributions for the first year of the the effectiveness of its project. and both sides. grant in their grant applications. Section c. High-need students: The grantee • Double space (no more than three 4611(d) of the ESEA also authorizes the must serve high-need students. lines per vertical inch) all text in the Secretary to waive this matching IV. Application and Submission application narrative, including titles, requirement on a case-by-case basis, Information headings, footnotes, quotations, upon a showing of exceptional references, and captions, as well as all circumstances, such as: 1. Application Submission text in charts, tables, figures, and (a) The difficulty of raising matching Instructions: Applicants are required to graphs. funds for a program to serve a rural area; follow the Common Instructions for • Use a font that is either 12 point or (b) The difficulty of raising matching Applicants to Department of Education larger or no smaller than 10 pitch funds in areas with a concentration of Discretionary Grant Programs, (characters per inch). published in the Federal Register on LEAs or schools with a high percentage • Use one of the following fonts: February 13, 2019 (84 FR 3768) and of students aged 5 through 17— Times New Roman, Courier, Courier available at www.govinfo.gov/content/ (1) Who are in poverty, as counted in New, or Arial. pkg/FR-2019-02-13/pdf/2019-02206.pdf, the most recent census data approved by The recommended page limit does not which contain requirements and the Secretary; apply to the cover sheet; the budget information on how to submit an (2) Who are eligible for a free or section, including the narrative budget reduced price lunch under the Richard application. 2. Submission of Proprietary justification; the assurances and B. Russell National School Lunch Act certifications; or the one-page abstract, (42 U.S.C. 1751 et seq.); Information: Given the types of projects that may be proposed in applications for the resumes, the bibliography, or the (3) Whose families receive assistance letters of support. However, the under the State program funded under Mid-phase grants, your application may include business information that you recommended page limit does apply to part A of title IV of the Social Security all of the application narrative. Act (42 U.S.C. 601 et seq.); or consider proprietary. In 34 CFR 5.11 we 6. Notice of Intent to Apply: The (4) Who are eligible to receive medical define ‘‘business information’’ and Department will be able to review grant assistance under the Medicaid program; describe the process we use in applications more efficiently if we know and determining whether any of that (c) The difficulty of raising funds on information is proprietary and, thus, the approximate number of applicants Tribal land. protected from disclosure under that intend to apply. Therefore, we Applicants that wish to apply for a Exemption 4 of the Freedom of strongly encourage each potential waiver must include a request in their Information Act (5 U.S.C. 552, as applicant to notify us of their intent to application that describes why the amended). submit an application. Applicants may matching requirement would cause Because we plan to make successful access this form using the link available serious hardship or an inability to carry applications available to the public, you on the Notice of Intent to Apply section out project activities. Further may wish to request confidentiality of of the competition website: https:// information about applying for waivers business information. oese.ed.gov/offices/office-of- can be found in the application package. Consistent with Executive Order discretionary-grants-support-services/ However, given the importance of 12600, please designate in your innovation-early-learning/education- matching funds to the long-term success application any information that you innovation-and-research-eir/fy-2021- of the project, the Secretary expects believe is exempt from disclosure under competition/. Applicants that do not eligible entities to identify appropriate Exemption 4. In the appropriate submit a notice of intent to apply may matching funds. Appendix section of your application, still apply for funding; applicants that 3. Subgrantees: A grantee under this under ‘‘Other Attachments Form,’’ do submit a notice of intent to apply are competition may not award subgrants to please list the page number or numbers not bound to apply or bound by the entities to directly carry out project on which we can find this information. information provided. activities described in its application. For additional information please see 34 V. Application Review Information 4. Other: a. Funding Categories: An CFR 5.11(c). applicant will be considered for an 3. Intergovernmental Review: This 1. Selection Criteria: The selection award only for the type of EIR grant for competition is subject to Executive criteria for the Mid-phase competition which it applies (i.e., Mid-phase: Order 12372 and the regulations in 34 are from 34 CFR 75.210. The points Absolute Priority 2, Mid-phase: CFR part 79. Information about assigned to each criterion are indicated Absolute Priority 3, or Mid-phase: Intergovernmental Review of Federal in the parentheses next to the criterion. Absolute Priority 4). An applicant may Programs under Executive Order 12372 An applicant may earn up to a total of not submit an application for the same is in the application package for this 100 points based on the selection proposed project under more than one competition. criteria for the application. type of grant (e.g., both an Early-phase 4. Funding Restrictions: We reference A. Significance (up to 15 points). grant and Mid-phase grant). regulations outlining funding The Secretary considers the restrictions in the Applicable significance of the proposed project. In Note: Each application will be reviewed determining the significance of the under the competition it was submitted Regulations section of this notice. under in the Grants.gov system, and only 5. Recommended Page Limit: The proposed project, the Secretary applications that are successfully submitted application narrative is where you, the considers the following factors: by the established deadline will be peer applicant, address the selection criteria (1) The national significance of the reviewed. Applicants should be careful that that reviewers use to evaluate your proposed project. (5 points)

VerDate Sep<11>2014 17:36 Jun 04, 2021 Jkt 253001 PO 00000 Frm 00050 Fmt 4703 Sfmt 4703 E:\FR\FM\07JNN1.SGM 07JNN1 khammond on DSKJM1Z7X2PROD with NOTICES 30300 Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Notices

(2) The potential contribution of the milestones for accomplishing project assistance from the Department (34 CFR proposed project to increased tasks. (5 points) 100.4, 104.5, 106.4, 108.8, and 110.23). knowledge or understanding of (3) The extent to which the costs are Before making awards, we will screen educational problems, issues, or reasonable in relation to the objectives, applications submitted in accordance effective strategies. (10 points) design, and potential significance of the with the requirements in this notice to B. Strategy to Scale (up to 20 points). proposed project. (5 points) determine whether applications have The Secretary considers the E. Quality of the Project Evaluation met eligibility and other requirements. applicant’s strategy to scale the (up to 25 points). This screening process may occur at proposed project. In determining the The Secretary considers the quality of various stages of the process; applicants applicant’s capacity to scale the the evaluation to be conducted of the that are determined to be ineligible will proposed project, the Secretary proposed project. In determining the not receive a grant, regardless of peer considers the following factors: quality of the evaluation, the Secretary reviewer scores or comments. (1) The extent to which the applicant considers the following factors: Peer reviewers will read, prepare a identifies a specific strategy or strategies (1) The extent to which the methods written evaluation of, and score the that address a particular barrier or of evaluation will, if well implemented, assigned applications, using the barriers that prevented the applicant, in produce evidence about the project’s selection criteria provided in this the past, from reaching the level of scale effectiveness that would meet the What notice. that is proposed in the application. (15 Works Clearinghouse standards without 3. Risk Assessment and Specific points) reservations as described in the What Conditions: Consistent with 2 CFR (2) The mechanisms that applicant Works Clearinghouse Handbook (as 200.206, before awarding grants under will use to broadly disseminate defined in 34 CFR 77.1(c)). (15 points) this competition the Department information on its project so as to (2) The extent to which the evaluation conducts a review of the risks posed by support further development or will provide guidance about effective applicants. Under 2 CFR 200.208, the replication. (5 points) strategies suitable for replication or Secretary may impose specific C. Quality of the Project Design (up to testing in other settings. (5 points) conditions and, under 2 CFR 3474.10, in 20 points). (3) The extent to which the evaluation appropriate circumstances, high-risk The Secretary considers the quality of plan clearly articulates the key project conditions on a grant if the applicant or the design of the proposed project. In components, mediators, and outcomes, grantee is not financially stable; has a determining the quality of the design of as well as a measurable threshold for history of unsatisfactory performance; the proposed project, the Secretary acceptable implementation. (5 points) has a financial or other management considers the following factors: Note: Applicants may wish to review the system that does not meet the standards (1) The extent to which there is a following technical assistance resources on in 2 CFR part 200, subpart D; has not conceptual framework underlying the evaluation: (1) WWC Procedures and fulfilled the conditions of a prior grant; proposed research or demonstration Standards Handbooks: https://ies.ed.gov/ or is otherwise not responsible. activities and the quality of that ncee/wwc/Handbooks; (2) ‘‘Technical 4. Integrity and Performance System: framework. (5 points) Assistance Materials for Conducting Rigorous If you are selected under this (2) The extent to which the goals, Impact Evaluations’’: http://ies.ed.gov/ncee/ competition to receive an award that objectives, and outcomes to be achieved projects/evaluationTA.asp; and (3) IES/NCEE over the course of the project period Technical Methods papers: http://ies.ed.gov/ by the proposed project are clearly _ may exceed the simplified acquisition ncee/tech methods/. In addition, applicants threshold (currently $250,000), under 2 specified and measurable. (5 points) may view an optional webinar recording that (3) The extent to which the design of was hosted by the Institute of Education CFR 200.206(a)(2), we must make a the proposed project is appropriate to, Sciences. The webinar focused on more judgment about your integrity, business and will successfully address, the needs rigorous evaluation designs, discussing ethics, and record of performance under of the target population or other strategies for designing and executing Federal awards—that is, the risk posed identified needs. (10 points) experimental studies that meet WWC by you as an applicant—before we make D. Adequacy of Resources and evidence standards without reservations. an award. In doing so, we must consider Quality of the Management Plan (up to This webinar is available at: http://ies.ed.gov/ any information about you that is in the 20 points). ncee/wwc/Multimedia/18. integrity and performance system The Secretary considers the adequacy 2. Review and Selection Process: We (currently referred to as the Federal of resources and the quality of the remind potential applicants that in Awardee Performance and Integrity management plan for the proposed reviewing applications in any Information System (FAPIIS)), project. In determining the adequacy of discretionary grant competition, the accessible through the System for resources and quality of the Secretary may consider, under 34 CFR Award Management. You may review management plan for the proposed 75.217(d)(3), the past performance of the and comment on any information about project, the Secretary considers the applicant in carrying out a previous yourself that a Federal agency following factors: award, such as the applicant’s use of previously entered and that is currently (1) The applicant’s capacity (e.g., in funds, achievement of project in FAPIIS. terms of qualified personnel, financial objectives, and compliance with grant Please note that, if the total value of resources, or management capacity) to conditions. The Secretary may also your currently active grants, cooperative bring the proposed project to scale on a consider whether the applicant failed to agreements, and procurement contracts national or regional level (as defined in submit a timely performance report or from the Federal Government exceeds 34 CFR 77.1(c)) working directly, or submitted a report of unacceptable $10,000,000, the reporting requirements through partners, during the grant quality. in 2 CFR part 200, Appendix XII, period. (10 points) In addition, in making a competitive require you to report certain integrity (2) The adequacy of the management grant award, the Secretary requires information to FAPIIS semiannually. plan to achieve the objectives of the various assurances, including those Please review the requirements in 2 CFR proposed project on time and within applicable to Federal civil rights laws part 200, Appendix XII, if this grant budget, including clearly defined that prohibit discrimination in programs plus all the other Federal funds you responsibilities, timelines, and or activities receiving Federal financial receive exceed $10,000,000.

VerDate Sep<11>2014 17:36 Jun 04, 2021 Jkt 253001 PO 00000 Frm 00051 Fmt 4703 Sfmt 4703 E:\FR\FM\07JNN1.SGM 07JNN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Notices 30301

5. In General: In accordance with the terms of any licenses or other legal annual target number of high-need Office of Management and Budget’s restrictions on the use of pre-existing students as specified in the application; guidance located at 2 CFR part 200, all works. Additionally, a grantee or (3) the percentage of grantees with applicable Federal laws, and relevant subgrantee that is awarded competitive ongoing well-designed and independent Executive guidance, the Department grant funds must have a plan to evaluations that will provide evidence will review and consider applications disseminate these public grant of their effectiveness at improving for funding pursuant to this notice deliverables. This dissemination plan student outcomes in multiple contexts; inviting applications in accordance can be developed and submitted after (4) the percentage of grantees that with: your application has been reviewed and implement an evaluation that provides (a) Selecting recipients most likely to selected for funding. For additional information about the key practices and be successful in delivering results based information on the open licensing the approach of the project so as to on the program objectives through an requirements please refer to 2 CFR facilitate replication; (5) the percentage objective process of evaluating Federal 3474.20. of grantees that implement an award applications (2 CFR 200.205); Note: The evaluation report is a specific evaluation that provides information on (b) Prohibiting the purchase of certain deliverable under a Mid-phase grant that the cost-effectiveness of the key telecommunication and video grantees must make available to the public. practices to identify potential obstacles surveillance services or equipment in Additionally, EIR grantees are encouraged to and success factors to scaling; and (6) alignment with section 889 of the submit final studies resulting from research the cost per student served by the grant. National Defense Authorization Act of supported in whole or in part by EIR to the Cumulative performance measures: 2019 (Pub. L. 115–232) (2 CFR 200.216); Educational Resources Information Center (1) The percentage of grantees that reach (c) Providing a preference, to the (http://eric.ed.gov). the targeted number of students extent permitted by law, to maximize 4. Reporting: (a) If you apply for a specified in the application; (2) the use of goods, products, and materials grant under this competition, you must percentage of grantees that reach the produced in the United States (2 CFR ensure that you have in place the targeted number of high-need students 200.322); and necessary processes and systems to specified in the application; (3) the (d) Terminating agreements in whole comply with the reporting requirements percentage of grantees that implement a or in part to the greatest extent in 2 CFR part 170 should you receive completed, well-designed, well- authorized by law if an award no longer funding under the competition. This implemented and independent effectuates the program goals or agency does not apply if you have an exception evaluation that provides evidence of priorities (2 CFR 200.340). under 2 CFR 170.110(b). their effectiveness at improving student (b) At the end of your project period, outcomes at scale; (4) the percentage of VI. Award Administration Information you must submit a final performance grantees with a completed well- 1. Award Notices: If your application report, including financial information, designed, well-implemented, and is successful, we notify your U.S. as directed by the Secretary. If you independent evaluation that provides Representative and U.S. Senators and receive a multiyear award, you must information about the key elements and send you a Grant Award Notification submit an annual performance report the approach of the project so as to (GAN); or we may send you an email that provides the most current facilitate replication or testing in other containing a link to access an electronic performance and financial expenditure settings; (5) the percentage of grantees version of your GAN. We may notify information as directed by the Secretary with a completed evaluation that you informally, also. under 34 CFR 75.118. The Secretary provided information on the cost- If your application is not evaluated or may also require more frequent effectiveness of the key practices to not selected for funding, we notify you. performance reports under 34 CFR identify potential obstacles and success 2. Administrative and National Policy 75.720(c). For specific requirements on factors to scaling; and (6) the cost per Requirements: We identify reporting, please go to www.ed.gov/ student served by the grant. administrative and national policy fund/grant/apply/appforms/ Project-Specific Performance requirements in the application package appforms.html. Measures: Applicants must propose and reference these and other (c) Under 34 CFR 75.250(b), the project-specific performance measures requirements in the Applicable Secretary may provide a grantee with and performance targets (as defined in Regulations section of this notice. additional funding for data collection this notice) consistent with the We reference the regulations outlining analysis and reporting. In this case the objectives of the proposed project. the terms and conditions of an award in Secretary establishes a data collection Applications must provide the the Applicable Regulations section of period. following information as directed under this notice and include these and other 5. Performance Measures: The overall 34 CFR 75.110(b) and (c): specific conditions in the GAN. The purpose of the EIR program is to expand (1) Performance measures. How each GAN also incorporates your approved the implementation of, and investment proposed performance measure would application as part of your binding in, innovative practices that are accurately measure the performance of commitments under the grant. demonstrated to have an impact on the project and how the proposed 3. Open Licensing Requirements: improving student achievement and performance measure would be Unless an exception applies, if you are attainment for high-need students. We consistent with the performance awarded a grant under this competition, have established, for the purpose of the measures established for the program you will be required to openly license Government Performance and Results funding the competition. to the public grant deliverables created Act of 1993 (GPRA), several (2) Baseline (as defined in this notice) in whole, or in part, with Department performance measures (as defined in data. (i) Why each proposed baseline is grant funds. When the deliverable this notice) for the Mid-phase grants. valid; or (ii) if the applicant has consists of modifications to pre-existing Annual performance measures: (1) determined that there are no established works, the license extends only to those The percentage of grantees that reach baseline data for a particular modifications that can be separately their annual target number of students performance measure, an explanation of identified and only to the extent that as specified in the application; (2) the why there is no established baseline and open licensing is permitted under the percentage of grantees that reach their of how and when, during the project

VerDate Sep<11>2014 17:36 Jun 04, 2021 Jkt 253001 PO 00000 Frm 00052 Fmt 4703 Sfmt 4703 E:\FR\FM\07JNN1.SGM 07JNN1 khammond on DSKJM1Z7X2PROD with NOTICES 30302 Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Notices

period, the applicant would establish a Code of Federal Regulations at Grant Programs, published in the valid baseline for the performance www.govinfo.gov. At this site you can Federal Register on February 13, 2019 measure. view this document, as well as all other (84 FR 3768) and available at (3) Performance targets. Why each documents of this Department www.govinfo.gov/content/pkg/FR–2019– proposed performance target is published in the Federal Register, in 02–13/pdf/2019–02206.pdf. ambitious yet achievable compared to text or Portable Document Format FOR FURTHER INFORMATION CONTACT: the baseline for the performance (PDF). To use PDF you must have Yvonne Crockett, U.S. Department of measure and when, during the project Adobe Acrobat Reader, which is Education, 400 Maryland Avenue SW, period, the applicant would meet the available free at the site. Room 3E344, Washington, DC 20202– performance target(s). You may also access documents of the 5900. Telephone: (202) 453–7122. (4) Data collection and reporting. (i) Department published in the Federal Email: [email protected]. The data collection and reporting Register by using the article search If you use a telecommunications methods the applicant would use and feature at www.federalregister.gov. device for the deaf (TDD) or a text why those methods are likely to yield Specifically, through the advanced telephone (TTY), call the Federal Relay reliable, valid, and meaningful search feature at this site, you can limit Service (FRS), toll-free, at 1–800–877– performance data; and (ii) the your search to documents published by 8339. applicant’s capacity to collect and the Department. SUPPLEMENTARY INFORMATION: report reliable, valid, and meaningful performance data, as evidenced by high- Ian Rosenblum, Full Text of Announcement Delegated the authority to perform the quality data collection, analysis, and I. Funding Opportunity Description reporting in other projects or research. functions and duties of the Assistant All grantees must submit an annual Secretary, Office of Elementary and Purpose of Program: The EIR program, performance report with information Secondary Education. established under section 4611 of the that is responsive to these performance [FR Doc. 2021–11940 Filed 6–4–21; 8:45 am] Elementary and Secondary Education measures. BILLING CODE 4000–01–P Act, as amended (ESEA), provides 6. Continuation Awards: In making a funding to create, develop, implement, continuation award under 34 CFR replicate, or take to scale 75.253, the Secretary considers, among DEPARTMENT OF EDUCATION entrepreneurial, evidence-based, field- other things: Whether a grantee has initiated innovations to improve student Applications for New Awards; made substantial progress in achieving achievement and attainment for high- Education Innovation and Research the goals and objectives of the project; need students; and rigorously evaluate (EIR) Program—Expansion-Phase whether the grantee has expended funds such innovations. The EIR program is Grants in a manner that is consistent with its designed to generate and validate approved application and budget; and, AGENCY: Office of Elementary and solutions to persistent education if the Secretary has established Secondary Education, Department of challenges and to support the expansion performance measurement Education. of those solutions to serve substantially requirements, whether the grantee has ACTION: Notice. larger numbers of students. made substantial progress in achieving The central design element of the EIR the performance targets in the grantee’s SUMMARY: The Department of Education program is its multi-tier structure that approved application. (Department) is issuing a notice inviting links the amount of funding an In making a continuation award, the applications for fiscal year (FY) 2021 for applicant may receive to the quality of Secretary also considers whether the the EIR program—Expansion-phase the evidence supporting the efficacy of grantee is operating in compliance with Grants, Assistance Listing Number the proposed project, with the the assurances in its approved 84.411A (Expansion-phase Grants). This expectation that projects that build this application, including those applicable notice relates to the approved evidence will advance through EIR’s to Federal civil rights laws that prohibit information collection under OMB grant tiers: ‘‘Early-phase,’’ ‘‘Mid-phase,’’ discrimination in programs or activities control number 1894–0006. and ‘‘Expansion.’’ receiving Federal financial assistance DATES: The Department awards three types of from the Department (34 CFR 100.4, Applications Available: June 7, 2021. grants under this program: ‘‘Early- 104.5, 106.4, 108.8, and 110.23). Deadline for Notice of Intent To phase’’ grants, ‘‘Mid-phase’’ grants, and Apply: June 28, 2021. ‘‘Expansion’’ grants. These grants differ VII. Other Information Deadline for Transmittal of in terms of the level of prior evidence Accessible Format: On request to the Applications: July 7, 2021. of effectiveness required for program contact person listed under FOR Deadline for Intergovernmental consideration for funding, the FURTHER INFORMATION CONTACT, Review: September 7, 2021. expectations regarding the kind of individuals with disabilities can obtain Pre-Application Information: The evidence and information funded this document and a copy of the Department will post additional projects should produce, the level of application package in an accessible competition information for prospective scale funded projects should reach, and, format. The Department will provide the applicants on the EIR program website: consequently, the amount of funding requestor with an accessible format that https://oese.ed.gov/offices/office-of- available to support each type of project. may include Rich Text Format (RTF) or discretionary-grants-support-services/ Expansion grants are supported by text format (txt), a thumb drive, an MP3 innovation-early-learning/education- strong evidence (as defined in this file, Braille, large print, audiotape, or innovation-and-research-eir/fy-2021- notice) for at least one population and compact disc, or other accessible format. competition/. setting, and grantees are encouraged to Electronic Access to This Document: ADDRESSES: For the addresses for implement at the national level (as The official version of this document is obtaining and submitting an defined in this notice). The Department the document published in the Federal application, please refer to our Common expects that Expansion grants will Register. You may access the official Instructions for Applicants to provide funding for implementation and edition of the Federal Register and the Department of Education Discretionary a rigorous evaluation of a program that

VerDate Sep<11>2014 17:36 Jun 04, 2021 Jkt 253001 PO 00000 Frm 00053 Fmt 4703 Sfmt 4703 E:\FR\FM\07JNN1.SGM 07JNN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Notices 30303

has been found to produce sizable, scale effective practices that address Absolute Priority 1—Strong Evidence significant impacts under a Mid-phase their most pressing challenges. establishes the evidence requirement for grant or other effort meeting similar Expansion projects are expected to this tier of grants. All Expansion criteria, for the purposes of: (a) scale practices that have prior evidence applicants must submit prior evidence Determining whether such impacts can of effectiveness, in order to improve of effectiveness that meets the strong be successfully reproduced and outcomes for high-need students. They evidence standard. sustained over time; and (b) identifying are also expected to generate important Absolute Priority 2—Field-Initiated the conditions in which the program is information about an intervention’s Innovations—General allows applicants most effective. effectiveness, including for whom and to propose projects that align with the This notice invites applications for in which contexts a practice is most intent of the EIR program statute: To Expansion grants only. The notice effective, as well as cost-effectiveness. create and take to scale entrepreneurial, inviting applications for Mid-phase Expansion projects are uniquely evidence-based, field-initiated grants is published elsewhere in this positioned to help answer critical innovations to improve student issue of the Federal Register. The notice questions about the process of scaling a achievement and attainment. inviting applications for Early-phase practice to the national level (as defined The two invitational priorities grants will be published in the Federal in this notice) across geographies. highlight the Administration’s Register at a later date. Expansion grantees are encouraged to acknowledgment of the timely and Background: While this notice is for consider how the cost structure of a urgent needs in Pre-K–12 education the Expansion tier only, the premise of practice can change as the intervention related to addressing the impact of the the EIR program is that new and scales. Additionally, grantees may want novel coronavirus 2019 (COVID–19) and innovative programs and practices can to consider multiple ways to facilitate promoting equity. Invitational Priority 1—Innovative help to solve the persistent problems in implementation fidelity without making Approaches to Addressing the Impact of education that prevent students, scaling too onerous. particularly high-need students, from COVID–19 on Underserved Students Expansion applicants are encouraged succeeding. These innovations need to and Educators is intended to encourage to design an evaluation that has the be evaluated, and, if sufficient evidence proposed projects that focus on the potential to meet the strong evidence (as of effectiveness can be demonstrated, needs of underserved students most defined in this notice) threshold. the intent is for these innovations to be impacted by COVID–19. COVID–19 has replicated and tested in new Expansion grantees should measure the caused unprecedented disruption in populations and settings. EIR is not cost effectiveness of their practices schools across the country and drawn intended to provide support for using administrative or other readily renewed attention to the ongoing practices that are already commonly available data. These types of efforts are challenges for underserved students. In implemented by educators, unless critical to sustaining and scaling EIR- response to the pandemic, educators significant adaptations of such practices funded effective practices after the EIR have mobilized and continue to address warrant testing to determine if they can grant period ends, assuming that the the needs of all students. Researchers accelerate achievement, or greatly practice has positive effects on and educators are now working to increase the efficiency and likelihood important student outcomes. In order to understand and address the impact of that they can be widely implemented in support adoption or replication by other inconsistent access to instruction, a variety of new populations and entities, the evaluation of an Expansion services, and supports, and other settings effectively. project should identify and codify the challenges. As an EIR project is implemented, core elements of the EIR-supported State educational agencies (SEAs), grantees are encouraged to learn more practice that the project implements, local educational agencies (LEAs), and about how the practices improve and examine the effectiveness of the nonprofit organizations play essential student achievement and attainment; project for any new populations or roles in building capacity at the State and to develop increasingly rigorous settings that are included in the project. and local level both to respond to evidence of effectiveness and new The Department intends to provide current crises, and also create the strategies to efficiently and cost- grantees and their independent systems and structures to support long- effectively scale to new school districts, evaluators with evaluation technical term change. The Department is regions, and States. We encourage assistance. This evaluation technical interested in projects that develop and applicants to develop a logic model (as assistance could include grantees and evaluate evidence-based, field-initiated defined in this notice), theory of action, their independent evaluators providing innovations for addressing the impact of or another conceptual framework that to the Department or its contractor COVID–19 in ways that accelerate includes the goals, objectives, outcomes, updated comprehensive evaluation learning for students and address and key project components (as defined plans in a format as requested by the students’ social, emotional, physical in this notice) of the project. technical assistance provider and using and mental health, and academic needs, All EIR applicants and grantees such tools as the Department may with a focus on targeting resources and should also consider how they need to request. Grantees will be encouraged to supports to underserved students. The develop their organizational capacity, update this evaluation plan at least EIR program statute refers to ‘‘high- project financing, or business plans to annually to reflect any changes to the needs students.’’ In addressing the sustain their projects and continue evaluation, with updates consistent needs of underserved students, the implementation and adaptation after with the scope and objectives of the statutory requirement for serving ‘‘high- Federal funding ends. The Department approved application. needs students’’ can also be addressed. intends to provide grantees with The FY 2021 Expansion grant Projects that include collaboration technical assistance in their competition includes two absolute with key stakeholders are particularly dissemination, scaling, and priorities and two invitational priorities. encouraged to understand and support sustainability efforts. All Expansion applicants must address students’ needs by addressing historical EIR is designed to offer opportunities both absolute priorities. Applicants educational inequities and the impact of for States, districts, schools, and have the option of addressing one or the COVID–19 pandemic (namely, the educators to develop innovations and more of the invitational priorities. interruption of traditional patterns of

VerDate Sep<11>2014 17:36 Jun 04, 2021 Jkt 253001 PO 00000 Frm 00054 Fmt 4703 Sfmt 4703 E:\FR\FM\07JNN1.SGM 07JNN1 khammond on DSKJM1Z7X2PROD with NOTICES 30304 Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Notices

education due to school closures and are 3 times more likely to be suspended inequities in access to and success in a the disproportionate social, emotional, from school than White girls (U.S. rigorous, engaging, and culturally and physical and mental health, and Department of Education’s 2015–16 linguistically responsive teaching and academic impacts on particular student Civil Rights Data Collection School learning environment that prepares groups). Examples might include re- Climate and Safety Report, 2018). students for college and career; engaging students by implementing and Research shows, however, that these including diverse stakeholders in State continuously improving student- disparities are not the result of and local education decisions; centered, technology-enabled learning differences in behavior, but rather supporting resource and discipline models, utilizing multi-tier systems of perceptions of student behavior. The equity; addressing disproportionality in support, providing trauma-informed Department is interested in projects that special education or programs for practice, leveraging embedded address these discipline disparities English learners; and improving the diagnostic or formative assessments to given which contribute to missed quality of educational programs in personalize learning, and providing learning opportunities. juvenile justice facilities or supporting other evidence-based supports and Although multiple factors influence re-entry after release. educational opportunities to accelerate teacher impact on student achievement, Through these priorities, the grade-level student learning. data suggests that teacher experience Department intends to advance The Department seeks innovative and certification impact educational innovation, build evidence, and address strategies under this priority that equity. Schools with high enrollments the learning and achievement of high- support students’ success in the of students of color were four times as need students beginning in Pre-K classroom; are delivered by qualified likely to employ uncertified teachers as through grade 12. individuals (based on requirements were schools with low enrollment of Priorities: This notice includes two established by the applicant) who students of color. Students in schools absolute priorities. In accordance with receive adequate training and support; with high enrollments of students of 34 CFR 75.105(b)(2)(ii), Absolute and are aligned with students’ learning color also have less access to Priority 1 is from 34 CFR 75.226(d)(2). experiences in their classrooms. This experienced teachers. In these schools, In accordance with 34 CFR includes incorporating those nearly one in every six teachers is just 75.105(b)(2)(iv), Absolute Priority 2 is innovations and technology practices beginning his or her career, compared to from section 4611(a)(1)(A) of the ESEA. from the last year that have improved one in every 10 teachers in schools with We also include two invitational student’s learning experiences to low enrollment of students of color priorities. supplementally support and enhance (Cardichon, et al., 2020). The Absolute Priorities: For FY 2021 and the return to in-person learning. As we Department is interested in projects that any subsequent year in which we make work to transform the current crisis- address disparities in teacher awards from the list of unfunded driven response into a long-term, certification and experience given applications from this competition, sustainable, and resilient learning research indicating that fully certified these priorities are absolute priorities. ecosystem, technology will be an and experienced teachers relate to Under 34 CFR 75.105(c)(3), we consider invaluable component to meet the needs student achievement (Boyd, et al., 2006; only applications that meet both of variable and diverse learners, support Clotfelter, et al., 2007; Darling- Absolute Priority 1 and Absolute teachers, and provide school and Hammond, et al., 2005; Kini & Podolsky, Priority 2. district leaders with flexible models to 2016; Goe, 2007; Ladd & Sorenson, These priorities are: support learning. 2017; Podolsky, et al., 2019). Absolute Priority 1—Strong Evidence. Invitational Priority 2—Promoting The Department seeks to support Projects supported by evidence that Equity and Adequacy in Student Access projects that propose innovative ways to meets the conditions in the definition of to Educational Resources and address the various inequities in this ‘‘strong evidence.’’ Opportunities is intended to offer country’s education system. This type of Note: An applicant must identify up applicants the option of proposing innovation will better enable educators to four study citations to be reviewed projects that promote equity. Improving to work toward closing achievement against the What Works Clearinghouse educational equity and adequacy is a gaps and helping all students succeed in (WWC) Handbooks (as defined in this priority for the Nation’s education school and reach toward their future notice) for the purposes of meeting the system, with particular emphasis on goals. definition of ‘‘strong evidence.’’ The supporting underserved students. For Underserved students have less access studies may have been conducted by the example, the Department’s 2018 news to the educational opportunities they applicant or by a third party. An release on STEM course-taking reported need to succeed, including access to applicant should clearly identify these that of students enrolled in Calculus well-rounded and rigorous coursework; citations in the Evidence form. An courses, 8 percent were Black, when the application of discipline policies; applicant must ensure that all citations Black students represent 16 percent of and access to certified, experienced, and are available to the Department from high school enrollment. A similar trend effective teachers. publicly available sources and provide exists for physics courses in which 12 The Department seeks projects that links or other guidance indicating where percent of Black students were enrolled. develop and evaluate of evidence-based, it is available. The Department may not (U.S. Department of Education’s 2015– field-initiated innovations to remedy the review a study citation that an applicant 16 Civil Rights Data Collect STEM inequities in our country’s education fails to clearly identify for review. Course Taking Report, 2018). system. This type of innovation will In addition to including up to four Additionally, during the 2015–16 better enable students the access to the study citations, applicants should school year, African American male educational opportunities they need to describe in the form information such as students comprised 8 percent of succeed in school and reach toward the following: (1) The positive student students enrolled and 25 percent of their future goals. outcomes they intend to replicate under students who received an out-of-school We particularly welcome projects that their Expansion grant and how the suspension. National data show that focus on: Eliminating inequities in characteristics of students and the African American girls are 5.5 times access to fully certified, experienced, positive student outcomes in the study more likely and Native American girls and effective teachers; addressing citations correspond with the

VerDate Sep<11>2014 17:36 Jun 04, 2021 Jkt 253001 PO 00000 Frm 00055 Fmt 4703 Sfmt 4703 E:\FR\FM\07JNN1.SGM 07JNN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Notices 30305

characteristics of the high-need students resources in Pre-K–12 for underserved township, school district, or other to be served under the Expansion grant; students. political subdivision of a State, or of or (2) the correspondence of practice(s) the Definitions: The definitions of for a combination of school districts or applicant plans to implement with the ‘‘baseline,’’ ‘‘experimental study,’’ counties that is recognized in a State as practice(s) cited in the studies; and (3) ‘‘logic model,’’ ‘‘strong evidence,’’ an administrative agency for its public the intended student outcomes that the ‘‘national level,’’ ‘‘nonprofit,’’ elementary schools or secondary proposed practice(s) attempts to impact. ‘‘performance measure,’’ ‘‘performance schools. If the Department determines that an target,’’ ‘‘project component,’’ ‘‘regional (b) Administrative Control and applicant has provided insufficient level,’’ ‘‘relevant outcome,’’ and ‘‘What Direction. The term includes any other information, the applicant will not have Works Clearinghouse Handbooks (WWC public institution or agency having an opportunity to provide additional Handbook)’’ are from 34 CFR 77.1. The administrative control and direction of information. However, if the WWC definitions of ‘‘local educational a public elementary school or secondary determines that a study does not agency,’’ and ‘‘State educational school. provide enough information on key agency’’ are from section 8101 of the (c) Bureau of Indian Education aspects of the study design, such as ESEA. Schools. The term includes an sample attrition or equivalence of Baseline means the starting point elementary school or secondary school intervention and comparison groups, from which performance is measured funded by the Bureau of Indian the WWC may submit a query to the and targets are set. Education but only to the extent that study author(s) to gather information for Experimental study means a study including the school makes the school use in determining a study rating. that is designed to compare outcomes eligible for programs for which specific Authors would be asked to respond to between two groups of individuals eligibility is not provided to the school queries within 10 business days. Should (such as students) that are otherwise in another provision of law and the the author query remain incomplete equivalent except for their assignment school does not have a student within 14 days of the initial contact to to either a treatment group receiving a population that is smaller than the the study author(s), the study may be project component or a control group student population of the LEA receiving deemed ineligible under the grant that does not. Randomized controlled assistance under the ESEA with the competition. After the grant competition trials, regression discontinuity design smallest student population, except that closes, the WWC will, for purposes of its studies, and single-case design studies the school shall not be subject to the own curation of studies, continue to are the specific types of experimental jurisdiction of any SEA (as defined in include responses to author queries and studies that, depending on their design this notice) other than the Bureau of make updates to study reviews as and implementation (e.g., sample Indian Education. necessary. However, no additional attrition in randomized controlled trials (d) Educational Service Agencies. The information will be considered after the and regression discontinuity design term includes educational service competition closes and the initial studies), can meet What Works agencies and consortia of those timeline established for response to an Clearinghouse (WWC) standards agencies. (e) State Educational Agency. The author query passes. without reservations as described in the WWC Handbooks: term includes the SEA in a State in Absolute Priority 2—Field-Initiated (i) A randomized controlled trial which the SEA is the sole educational Innovations—General. employs random assignment of, for agency for all public schools. Projects designed to create, develop, example, students, teachers, classrooms, Logic model (also referred to as a implement, replicate, or take to scale or schools to receive the project theory of action) means a framework entrepreneurial, evidence-based, field- component being evaluated (the that identifies key project components initiated innovations to improve student treatment group) or not to receive the of the proposed project (i.e., the active achievement and attainment for high- project component (the control group). ‘‘ingredients’’ that are hypothesized to need students. (ii) A regression discontinuity design be critical to achieving the relevant Invitational Priorities: For FY 2021 study assigns the project component outcomes) and describes the theoretical and any subsequent year in which we being evaluated using a measured and operational relationships among the make awards from the list of unfunded variable (e.g., assigning students reading key project components and relevant applications from this competition, below a cutoff score to tutoring or outcomes. these priorities are invitational developmental education classes) and National level describes the level of priorities. Under 34 CFR.105(c)(1) we do controls for that variable in the analysis scope or effectiveness of a process, not give an application that meets these of outcomes. product, strategy, or practice that is able invitational priorities a competitive or (iii) A single-case design study uses to be effective in a wide variety of absolute preference over other observations of a single case (e.g., a communities, including rural and urban applications. student eligible for a behavioral areas, as well as with different groups These priorities are: intervention) over time in the absence (e.g., economically disadvantaged, racial Invitational Priority 1—Innovative and presence of a controlled treatment and ethnic groups, migrant populations, Approaches to Addressing the Impact of manipulation to determine whether the individuals with disabilities, English COVID–19 on Underserved Students outcome is systematically related to the learners, and individuals of each and Educators. treatment. gender). Projects that are designed to address Local educational agency (LEA) Nonprofit, as applied to an agency, the needs of underserved students most means: organization, or institution, means that impacted by COVID–19. (a) In General. A public board of it is owned and operated by one or more Invitational Priority 2—Promoting education or other public authority corporations or associations whose net Equity and Adequacy in Student Access legally constituted within a State for earnings do not benefit, and cannot to Educational Resources and either administrative control or lawfully benefit, any private Opportunities. direction of, or to perform a service shareholder or entity. Projects that are designed to promote function for, public elementary schools Performance measure means any equity and adequacy in access to critical or secondary schools in a city, county, quantitative indicator, statistic, or

VerDate Sep<11>2014 17:36 Jun 04, 2021 Jkt 253001 PO 00000 Frm 00056 Fmt 4703 Sfmt 4703 E:\FR\FM\07JNN1.SGM 07JNN1 khammond on DSKJM1Z7X2PROD with NOTICES 30306 Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Notices

metric used to gauge program or project using version 2.1, 3.0, 4.0, or 4.1 of the credentials matter for student performance. WWC Handbooks, or otherwise assessed achievement? (NBER Working Paper Performance target means a level of by the Department using version 4.1 of 12828). Cambridge, MA: National Bureau performance that an applicant would the WWC Handbook, as appropriate, of Economic Research. seek to meet during the course of a Darling-Hammond, L., Holtzman, D., Gatlin, and that— S.J., & Vasquez Heilig, J. (2005). Does project or as a result of a project. (A) Meets WWC standards without teacher preparation matter? Evidence Project component means an activity, reservations; about teacher certification, Teach for strategy, intervention, process, product, (B) Includes at least one statistically America, and teacher effectiveness. practice, or policy included in a project. significant and positive (i.e., favorable) Education Policy Analysis Archives, Evidence may pertain to an individual effect on a relevant outcome; 13(42). DOI: https://doi.org/10.14507/ project component or to a combination (C) Includes no overriding statistically epaa.v13n42.2005. of project components (e.g., training significant and negative effects on Kini, T., & Podolsky, A. (2016). Does teaching teachers on instructional practices for relevant outcomes reported in the study experience increase teacher English learners and follow-on coaching or in a corresponding WWC effectiveness? A review of the research. Palo Alto, CA: Learning Policy Institute. for these teachers). intervention report prepared under Regional level describes the level of https://learningpolicyinstitute.org/ version 2.1, 3.0, 4.0, or 4.1 of the WWC product/does-teachingexperience- scope or effectiveness of a process, Handbook; and increase-teacher-effectiveness-review- product, strategy, or practice that is able (D) Is based on a sample from more research. to serve a variety of communities within than one site (e.g., State, county, city, Goe, L. (2007). The link between teacher a State or multiple States, including school district, or postsecondary quality and student outcomes: A rural and urban areas, as well as with campus) and includes at least 350 research synthesis. Washington, DC: different groups (e.g., economically students or other individuals across National Comprehensive Center for disadvantaged, racial and ethnic groups, sites. Multiple studies of the same Teacher Quality. Ladd, H.F., & Sorensen, L.C. (2017). Returns migrant populations, individuals with project component that each meet disabilities, English learners, and to teacher experience: Student requirements in paragraphs (iii)(A), (B), achievement and motivation in middle individuals of each gender). For an LEA- and (C) of this definition may together school. Education Finance and Policy, based project, to be considered a satisfy this requirement in this 12(2), 241–279. regional-level project, a process, paragraph (iii)(d). Podolsky, A., Darling-Hammond, L., Doss, C., product, strategy, or practice must serve What Works Clearinghouse & Reardon, S. (2019). California’s students in more than one LEA, unless Handbooks (WWC Handbooks) means positive outliers: Districts beating the the process, product, strategy, or the standards and procedures set forth odds. Palo Alto, CA: Learning Policy practice is implemented in a State in in the WWC Standards Handbook, Institute. https://learningpolicy which the SEA is the sole educational institute.org/product/ positive-outliers- Versions 4.0 or 4.1, and WWC districts-beating-odds. agency for all schools. Procedures Handbook, Versions 4.0 or Relevant outcome means the student U.S. Department of Education’s 2015–16 4.1, or in the WWC Procedures and Civil Rights Data Collection School outcome(s) or other outcome(s) the key Standards Handbook, Version 3.0 or Climate and Safety Report (2018). project component is designed to Version 2.1 (all incorporated by www2.ed.gov/about/offices/list/ocr/docs/ improve, consistent with the specific reference, see § 77.2). Study findings school-climate-and-safety.pdf. goals of the program. eligible for review under WWC U.S. Department of Education 2015–16 Civil State educational agency (SEA) standards can meet WWC standards Rights Data Collection STEM Course means the agency primarily responsible without reservations, meet WWC Taking Report. (2018). www2.ed.gov/ for the State supervision of public about/offices/list/ocr/docs/stem-course- standards with reservations, or not meet taking.pdf. elementary schools and secondary WWC standards. WWC practice guides schools. and intervention reports include Program Authority: Section 4611 of Strong evidence means that there is findings from systematic reviews of the ESEA, 20 U.S.C. 7261. evidence of the effectiveness of a key evidence as described in the WWC project component in improving a Note: Projects will be awarded and must be Handbooks documentation. operated in a manner consistent with the relevant outcome for a sample that Note: The What Works Clearinghouse nondiscrimination requirements contained in overlaps with the populations and Procedures and Standards Handbooks Federal civil rights laws. settings proposed to receive that are available at https://ies.ed.gov/ncee/ component, based on a relevant finding Applicable Regulations: (a) The wwc/Handbooks. from one of the following: Education Department General (i) A practice guide prepared by the References Administrative Regulations in 34 CFR WWC using version 2.1, 3.0, 4.0, or 4.1 parts 75, 77, 79, 81, 82, 84, 86, 97, 98, Boyd, D., Grossman, P., Lankford, H., Loeb, of the WWC Handbooks reporting a and 99. (b) The Office of Management S., & Wyckoff, J. (2006). How changes in and Budget Guidelines to Agencies on ‘‘strong evidence base’’ for the entry requirements alter the teacher corresponding practice guide workforce and affect student Governmentwide Debarment and recommendation; achievement. Education Finance and Suspension (Nonprocurement) in 2 CFR (ii) An intervention report prepared Policy, 1(2), 176–216. part 180, as adopted and amended as by the WWC using version 2.1, 3.0, 4.0, Cardichon, J., Darling-Hammond, L., Yang, regulations of the Department in 2 CFR or 4.1 of the WWC Handbooks reporting M., Scott, C., Shields, P.M., & Burns, D. part 3485. (c) The Uniform a ‘‘positive effect’’ on a relevant (2020). Inequitable opportunity to learn Administrative Requirements, Cost outcome based on a ‘‘medium to large’’ student access to certified and Principles, and Audit Requirements for extent of evidence, with no reporting of experienced teachers. Learning Policy Federal Awards in 2 CFR part 200, as Institute. https:// adopted and amended as regulations of a ‘‘negative effect’’ or ‘‘potentially learningpolicyinstitute.org/sites/default/ negative effect’’ on a relevant outcome; files/product-files/CRDC_Teacher_ the Department in 2 CFR part 3474. or Access_REPORT.pdf. Note: The regulations in 34 CFR part 86 (iii) A single experimental study Clotfelter, C.T., Ladd, H.F., & Vigdor, J.L. apply to institutions of higher education reviewed and reported by the WWC (2007). How and why do teacher (IHEs) only.

VerDate Sep<11>2014 17:36 Jun 04, 2021 Jkt 253001 PO 00000 Frm 00057 Fmt 4703 Sfmt 4703 E:\FR\FM\07JNN1.SGM 07JNN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Notices 30307

II. Award Information (f) An LEA, an SEA, the BIE, or a for an EIR grant. A public IHE without consortium described in clause (d), in 501(c)(3) status (even if that entity is tax Type of Award: Discretionary grants. partnership with— exempt under Section 115 of the Internal Estimated Available Funds: (1) A nonprofit organization; Revenue Code or any other State or Federal $180,000,000. (2) A business; provision), or that could not provide any other documentation described in 34 CFR These estimated available funds are (3) An educational service agency; or the total available for all three types of 75.51(b), however, would not qualify as a (4) An IHE. nonprofit organization, and therefore could grants under the EIR program (Early- To qualify as a rural applicant under not apply for and receive an EIR grant. phase, Mid-phase, and Expansion the EIR program, an applicant must grants). meet both of the following 2. Cost Sharing or Matching: Under Contingent upon the availability of requirements: section 4611(d) of the ESEA, each grant funds and the quality of applications, (a) The applicant is— recipient must provide, from Federal, we may make additional awards in (1) An LEA with an urban-centric State, local, or private sources, an subsequent years from the list of district locale code of 32, 33, 41, 42, or amount equal to 10 percent of funds unfunded applications from this 43, as determined by the Secretary; provided under the grant, which may be competition. (2) A consortium of such LEAs; provided in cash or through in-kind contributions, to carry out activities Estimated Average Size of Awards: (3) An educational service agency or supported by the grant. Grantees must Up to $15,000,000. a nonprofit organization in partnership include a budget showing their Maximum Award: We will not make with such an LEA; or (4) A grantee described in clause (1) matching contributions to the budget an award exceeding $15,000,000 for a amount of EIR grant funds and must project period of 60 months. The or (2) in partnership with an SEA; and (b) A majority of the schools to be provide evidence of their matching Department intends to fund one or more served by the program are designated contributions for the first year of the projects under each of the EIR with a locale code of 32, 33, 41, 42, or grant in their grant applications. Section competitions, including Expansion 43, or a combination of such codes, as 4611(d) of the ESEA also authorizes the (84.411A), Mid-phase (84.411B), and determined by the Secretary. Secretary to waive this matching Early-phase (84.411C). Entities may Applicants are encouraged to retrieve requirement on a case-by-case basis, submit applications for different locale codes from the National Center upon a showing of exceptional projects for more than one competition for Education Statistics School District circumstances, such as: (Early-phase, Mid-phase, and search tool (https://nces.ed.gov/ccd/ (a) The difficulty of raising matching Expansion). The maximum award districtsearch/), where districts can be funds for a program to serve a rural area; amount a grantee may receive under looked up individually to retrieve locale (b) The difficulty of raising matching these three competitions, taken together, codes, and Public School search tool funds in areas with a concentration of is $15,000,000. If an entity is within (https://nces.ed.gov/ccd/schoolsearch/), LEAs or schools with a high percentage funding range for multiple applications, where individual schools can be looked of students aged 5 through 17— the Department will award the highest up to retrieve locale codes. More (1) Who are in poverty, as counted in scoring applications up to $15,000,000. information on rural applicant the most recent census data approved by Estimated Number of Awards: 1–4. eligibility is in the application package. the Secretary; Note: The Department is not bound by any (2) Who are eligible for a free or Note: If you are a nonprofit organization, estimates in this notice. reduced price lunch under the Richard under 34 CFR 75.51, you may demonstrate B. Russell National School Lunch Act Project Period: Up to 60 months. your nonprofit status by providing: (1) Proof (42 U.S.C. 1751 et seq.); that the Internal Revenue Service currently (3) Whose families receive assistance Note: Under section 4611(c) of the ESEA, recognizes the applicant as an organization to the Department must use at least 25 percent which contributions are tax deductible under under the State program funded under of EIR funds for a fiscal year to make awards section 501(c)(3) of the Internal Revenue part A of title IV of the Social Security to applicants serving rural areas, contingent Code, (2) a statement from a State taxing Act (42 U.S.C. 601 et seq.); or on receipt of a sufficient number of body or the State attorney general certifying (4) Who are eligible to receive medical applications of sufficient quality. For that the organization is a nonprofit assistance under the Medicaid program; purposes of this competition, we will organization operating within the State and and consider an applicant as rural if the applicant that no part of its net earnings may lawfully (c) The difficulty of raising funds on meets the qualifications for rural applicants benefit any private shareholder or individual, Tribal land. as described in the Eligible Applicants (3) a certified copy of the applicant’s section and the applicant certifies that it Applicants that wish to apply for a certificate of incorporation or similar waiver must include a request in their meets those qualifications through the document if it clearly establishes the application. application that describes why the nonprofit status of the applicant, or (4) any matching requirement would cause In implementing this statutory item described above if that item applies to a State or national parent organization, serious hardship or an inability to carry provision and program requirement, the out project activities. Further Department may fund high-quality together with a statement by the State or parent organization that the applicant is a information about applying for waivers applications from rural applicants out of local nonprofit affiliate. can be found in the application package. rank order in the Expansion In addition, any IHE is eligible to be a However, given the importance of competition. partner in an application where an LEA, matching funds to the long-term success III. Eligibility Information SEA, BIE, consortium of SEAs or LEAs, or a of the project, the Secretary expects nonprofit organization is the lead applicant eligible entities to identify appropriate 1. Eligible Applicants: that submits the application. A private IHE matching funds. that is a non-profit organization can apply for (a) An LEA; 3. Subgrantees: A grantee under this (b) An SEA; an EIR grant. A nonprofit organization, such as a development foundation, that is competition may not award subgrants to (c) The Bureau of Indian Education affiliated with a public IHE can apply for a entities to directly carry out project (BIE); grant. A public IHE that has 501(c)(3) status activities described in its application. (d) A consortium of SEAs or LEAs; would also qualify as a nonprofit 4. Other: a. Funding Categories: An (e) A nonprofit organization; and organization and could be a lead applicant applicant will be considered for an

VerDate Sep<11>2014 17:36 Jun 04, 2021 Jkt 253001 PO 00000 Frm 00058 Fmt 4703 Sfmt 4703 E:\FR\FM\07JNN1.SGM 07JNN1 khammond on DSKJM1Z7X2PROD with NOTICES 30308 Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Notices

award only for the type of EIR grant for Intergovernmental Review of Federal in the parentheses next to the criterion. which it applies. An applicant may not Programs under Executive Order 12372 An applicant may earn up to a total of submit an application for the same is in the application package for this 100 points based on the selection proposed project under more than one competition. criteria for the application. type of grant (e.g., both an Expansion 4. Funding Restrictions: We reference A. Significance (up to 15 points). grant and Mid-phase grant). regulations outlining funding The Secretary considers the significance of the proposed project. In Note: Each application will be reviewed restrictions in the Applicable under the competition it was submitted Regulations section of this notice. determining the significance of the under in the Grants.gov system, and only 5. Recommended Page Limit: The proposed project, the Secretary applications that are successfully submitted application narrative is where you, the considers the following factors: by the established deadline will be peer applicant, address the selection criteria (1) The national significance of the reviewed. Applicants should be careful that that reviewers use to evaluate your proposed project. (10 points) they download the intended EIR application application. We recommend that you (1) (2) The potential contribution of the package and that they submit their limit the application narrative for an proposed project to increased applications under the intended EIR Expansion grant to no more than 35 knowledge or understanding of competition. pages and (2) use the following educational problems, issues, or b. Evaluation: The grantee must standards: effective strategies. (5 points) conduct an independent evaluation of • A ‘‘page’’ is 8.5″ x 11″, on one side B. Strategy to Scale (up to 20 points). the effectiveness of its project. only, with 1″ margins at the top, bottom, The Secretary considers the c. High-need students: The grantee and both sides. applicant’s strategy to scale the must serve high-need students. • Double space (no more than three proposed project. In determining the lines per vertical inch) all text in the applicant’s capacity to scale the IV. Application and Submission application narrative, including titles, proposed project, the Secretary Information headings, footnotes, quotations, considers the following factors: 1. Application Submission references, and captions, as well as all (1) The extent to which the applicant Instructions: Applicants are required to text in charts, tables, figures, and identifies a specific strategy or strategies follow the Common Instructions for graphs. that address a particular barrier or Applicants to Department of Education • Use a font that is either 12 point or barriers that prevented the applicant, in Discretionary Grant Programs, larger or no smaller than 10 pitch the past, from reaching the level of scale published in the Federal Register on (characters per inch). that is proposed in the application. (15 February 13, 2019 (84 FR 3768) and • Use one of the following fonts: points) available at www.govinfo.gov/content/ Times New Roman, Courier, Courier (2) The mechanisms the applicant pkg/FR-2019-02-13/pdf/2019-02206.pdf, New, or Arial. will use to broadly disseminate which contain requirements and The recommended page limit does not information on its project so as to information on how to submit an apply to the cover sheet; the budget support further development or application. section, including the narrative budget replication. (5 points) 2. Submission of Proprietary justification; the assurances and C. Quality of the Project Design (up to Information: Given the types of projects certifications; or the one-page abstract, 20 points). The Secretary considers the quality of that may be proposed in applications for the resumes, the bibliography, or the the design of the proposed project. In Expansion grants, your application may letters of support. However, the determining the quality of the design of include business information that you recommended page limit does apply to the proposed project, the Secretary consider proprietary. In 34 CFR 5.11 we all of the application narrative. considers the following factors: define ‘‘business information’’ and 6. Notice of Intent to Apply: The (1) The extent to which there is a describe the process we use in Department will be able to review grant conceptual framework underlying the determining whether any of that applications more efficiently if we know proposed research or demonstration information is proprietary and, thus, the approximate number of applicants activities and the quality of that protected from disclosure under that intend to apply. Therefore, we framework. (5 points) Exemption 4 of the Freedom of strongly encourage each potential (2) The extent to which the goals, Information Act (5 U.S.C. 552, as applicant to notify us of their intent to objectives, and outcomes to be achieved amended). submit an application. Applicants may by the proposed project are clearly Because we plan to make successful access this form using the link available specified and measurable. (5 points) applications available to the public, you on the Notice of Intent to Apply section (3) The extent to which the design of may wish to request confidentiality of of the competition website: https:// the proposed project is appropriate to, business information. oese.ed.gov/offices/office-of- and will successfully address, the needs Consistent with Executive Order discretionary-grants-support-services/ of the target population or other 12600, please designate in your innovation-early-learning/education- identified needs. (10 points) application any information that you innovation-and-research-eir/fy-2021- D. Adequacy of Resources and believe is exempt from disclosure under competition/. Applicants that do not Quality of the Management Plan (up to Exemption 4. In the appropriate submit a notice of intent to apply may 20 points). Appendix section of your application, still apply for funding; applicants that The Secretary considers the adequacy under ‘‘Other Attachments Form,’’ do submit a notice of intent to apply are of resources and the quality of the please list the page number or numbers not bound to apply or bound by the management plan for the proposed on which we can find this information. information provided. project. In determining the adequacy of For additional information please see 34 resources and quality of the CFR 5.11(c). V. Application Review Information management plan for the proposed 3. Intergovernmental Review: This 1. Selection Criteria: The selection project, the Secretary considers the competition is subject to Executive criteria for the Expansion competition following factors: Order 12372 and the regulations in 34 are from 34 CFR 75.210. The points (1) The applicant’s capacity (e.g., in CFR part 79. Information about assigned to each criterion are indicated terms of qualified personnel, financial

VerDate Sep<11>2014 17:36 Jun 04, 2021 Jkt 253001 PO 00000 Frm 00059 Fmt 4703 Sfmt 4703 E:\FR\FM\07JNN1.SGM 07JNN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Notices 30309

resources, or management capacity) to applicant in carrying out a previous yourself that a Federal agency bring the proposed project to scale on a award, such as the applicant’s use of previously entered and that is currently national or regional level (as defined in funds, achievement of project in FAPIIS. 34 CFR 77.1(c)) working directly, or objectives, and compliance with grant Please note that, if the total value of through partners, during the grant conditions. The Secretary may also your currently active grants, cooperative period. (10 points) consider whether the applicant failed to agreements, and procurement contracts (2) The adequacy of the management submit a timely performance report or from the Federal Government exceeds plan to achieve the objectives of the submitted a report of unacceptable $10,000,000, the reporting requirements proposed project on time and within quality. in 2 CFR part 200, Appendix XII, budget, including clearly defined In addition, in making a competitive require you to report certain integrity responsibilities, timelines, and grant award, the Secretary requires information to FAPIIS semiannually. milestones for accomplishing project various assurances, including those Please review the requirements in 2 CFR tasks. (5 points) applicable to Federal civil rights laws part 200, Appendix XII, if this grant (3) The extent to which the costs are that prohibit discrimination in programs plus all the other Federal funds you reasonable in relation to the objectives, or activities receiving Federal financial receive exceed $10,000,000. design, and potential significance of the assistance from the Department (34 CFR 5. In General: In accordance with the proposed project. (5 points) 100.4, 104.5, 106.4, 108.8, and 110.23). Office of Management and Budget’s E. Quality of the Project Evaluation Before making awards, we will screen guidance located at 2 CFR part 200, all (up to 25 points). applications submitted in accordance applicable Federal laws, and relevant The Secretary considers the quality of with the requirements in this notice to Executive guidance, the Department the evaluation to be conducted of the determine whether applications have will review and consider applications proposed project. In determining the met eligibility and other requirements. for funding pursuant to this notice quality of the evaluation, the Secretary This screening process may occur at inviting applications in accordance considers the following factors: various stages of the process; applicants with: (1) The extent to which the methods that are determined to be ineligible will (a) Selecting recipients most likely to of evaluation will, if well implemented, not receive a grant, regardless of peer be successful in delivering results based produce evidence about the project’s reviewer scores or comments. on the program objectives through an effectiveness that would meet the What Peer reviewers will read, prepare a objective process of evaluating Federal Works Clearinghouse standards without written evaluation of, and score the award applications (2 CFR 200.205); reservations as described in the What assigned applications, using the (b) Prohibiting the purchase of certain Works Clearinghouse Handbook (as selection criteria provided in this telecommunication and video defined in 34 CFR 77.1(c)). (15 points) notice. surveillance services or equipment in (2) The extent to which the evaluation 3. Risk Assessment and Specific alignment with section 889 of the will provide guidance about effective Conditions: Consistent with 2 CFR National Defense Authorization Act of strategies suitable for replication or 200.206, before awarding grants under 2019 (Pub. L. 115–232) (2 CFR 200.216); testing in other settings. (5 points) this competition the Department (c) Providing a preference, to the (3) The extent to which the evaluation conducts a review of the risks posed by extent permitted by law, to maximize plan clearly articulates the key project applicants. Under 2 CFR 200.208, the use of goods, products, and materials components, mediators, and outcomes, Secretary may impose specific produced in the United States (2 CFR as well as a measurable threshold for conditions and, under 2 CFR 3474.10, in 200.322); and acceptable implementation. (5 points) appropriate circumstances, high-risk (d) Terminating agreements in whole Note: Applicants may wish to review conditions on a grant if the applicant or or in part to the greatest extent the following technical assistance grantee is not financially stable; has a authorized by law if an award no longer resources on evaluation: (1) WWC history of unsatisfactory performance; effectuates the program goals or agency Procedures and Standards Handbooks: has a financial or other management priorities (2 CFR 200.340). https://ies.ed.gov/ncee/wwc/ system that does not meet the standards Handbooks; (2) ‘‘Technical Assistance in 2 CFR part 200, subpart D; has not VI. Award Administration Information Materials for Conducting Rigorous fulfilled the conditions of a prior grant; 1. Award Notices: If your application Impact Evaluations’’: http://ies.ed.gov/ or is otherwise not responsible. is successful, we notify your U.S. ncee/projects/evaluationTA.asp; and (3) 4. Integrity and Performance System: Representative and U.S. Senators and IES/NCEE Technical Methods papers: If you are selected under this send you a Grant Award Notification http://ies.ed.gov/ncee/tech_methods/. In competition to receive an award that (GAN); or we may send you an email addition, applicants may view an over the course of the project period containing a link to access an electronic optional webinar recording that was may exceed the simplified acquisition version of your GAN. We may notify hosted by the Institute of Education threshold (currently $250,000), under 2 you informally, also. Sciences. The webinar focused on more CFR 200.206(a)(2), we must make a If your application is not evaluated or rigorous evaluation designs, discussing judgment about your integrity, business not selected for funding, we notify you. strategies for designing and executing ethics, and record of performance under 2. Administrative and National Policy experimental studies that meet WWC Federal awards—that is, the risk posed Requirements: We identify evidence standards without by you as an applicant—before we make administrative and national policy reservations. This webinar is available an award. In doing so, we must consider requirements in the application package at: http://ies.ed.gov/ncee/wwc/ any information about you that is in the and reference these and other Multimedia/18. integrity and performance system requirements in the Applicable 2. Review and Selection Process: We (currently referred to as the Federal Regulations section of this notice. remind potential applicants that in Awardee Performance and Integrity We reference the regulations outlining reviewing applications in any Information System (FAPIIS)), the terms and conditions of an award in discretionary grant competition, the accessible through the System for the Applicable Regulations section of Secretary may consider, under 34 CFR Award Management. You may review this notice and include these and other 75.217(d)(3), the past performance of the and comment on any information about specific conditions in the GAN. The

VerDate Sep<11>2014 17:36 Jun 04, 2021 Jkt 253001 PO 00000 Frm 00060 Fmt 4703 Sfmt 4703 E:\FR\FM\07JNN1.SGM 07JNN1 khammond on DSKJM1Z7X2PROD with NOTICES 30310 Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Notices

GAN also incorporates your approved the implementation of, and investment (1) Performance measures. How each application as part of your binding in, innovative practices that are proposed performance measure would commitments under the grant. demonstrated to have an impact on accurately measure the performance of 3. Open Licensing Requirements: improving student achievement and the project and how the proposed Unless an exception applies, if you are attainment for high-need students. We performance measure would be awarded a grant under this competition, have established, for the purpose of the consistent with the performance you will be required to openly license Government Performance and Results measures established for the program to the public grant deliverables created Act of 1993 (GPRA), several funding the competition. in whole, or in part, with Department performance measures (as defined in (2) Baseline (as defined in this notice) grant funds. When the deliverable this notice) for the Expansion grants. consists of modifications to pre-existing data. (i) Why each proposed baseline is Annual performance measures: (1) valid; or (ii) if the applicant has works, the license extends only to those The percentage of grantees that reach modifications that can be separately determined that there are no established their annual target number of students baseline data for a particular identified and only to the extent that as specified in the application; (2) the open licensing is permitted under the performance measure, an explanation of percentage of grantees that reach their why there is no established baseline and terms of any licenses or other legal annual target number of high-need restrictions on the use of pre-existing of how and when, during the project students as specified in the application; period, the applicant would establish a works. Additionally, a grantee or (3) the percentage of grantees with subgrantee that is awarded competitive valid baseline for the performance ongoing well-designed and independent measure. grant funds must have a plan to evaluations that will provide evidence disseminate these public grant of their effectiveness at improving (3) Performance targets. Why each deliverables. This dissemination plan student outcomes in multiple contexts; proposed performance target is can be developed and submitted after (4) the percentage of grantees that ambitious yet achievable compared to your application has been reviewed and implement an evaluation that provides the baseline for the performance selected for funding. For additional information about the key practices and measure and when, during the project information on the open licensing the approach of the project so as to period, the applicant would meet the requirements please refer to 2 CFR facilitate replication; (5) the percentage performance target(s). 3474.20. of grantees that implement an (4) Data collection and reporting. (i) Note: The evaluation report is a specific evaluation that provides information on The data collection and reporting deliverable under an Expansion grant that the cost-effectiveness of the key methods the applicant would use and grantees must make available to the public. practices to identify potential obstacles Additionally, EIR grantees are encouraged to why those methods are likely to yield submit final studies resulting from research and success factors to scaling; and (6) reliable, valid, and meaningful supported in whole or in part by EIR to the the cost per student served by the grant. performance data; and (ii) the Educational Resources Information Center Cumulative performance measures: applicant’s capacity to collect and (http://eric.ed.gov). (1) The percentage of grantees that reach report reliable, valid, and meaningful 4. Reporting: (a) If you apply for a the targeted number of students performance data, as evidenced by high- grant under this competition, you must specified in the application; (2) the quality data collection, analysis, and ensure that you have in place the percentage of grantees that reach the reporting in other projects or research. necessary processes and systems to targeted number of high-need students All grantees must submit an annual comply with the reporting requirements specified in the application; (3) the performance report with information in 2 CFR part 170 should you receive percentage of grantees that implement a that is responsive to these performance funding under the competition. This completed well-designed, well- measures. does not apply if you have an exception implemented, and independent evaluation that provides evidence of 6. Continuation Awards: In making a under 2 CFR 170.110(b). continuation award under 34 CFR (b) At the end of your project period, their effectiveness at improving student 75.253, the Secretary considers, among you must submit a final performance outcomes at scale; (4) the percentage of other things: Whether a grantee has report, including financial information, grantees with a completed well- made substantial progress in achieving as directed by the Secretary. If you designed, well-implemented, and the goals and objectives of the project; receive a multiyear award, you must independent evaluation that provides whether the grantee has expended funds submit an annual performance report information about the key elements and in a manner that is consistent with its that provides the most current the approach of the project so as to approved application and budget; and, performance and financial expenditure facilitate replication or testing in other if the Secretary has established information as directed by the Secretary settings; (5) the percentage of grantees performance measurement under 34 CFR 75.118. The Secretary with a completed evaluation that requirements, whether the grantee has may also require more frequent provided information on the cost- made substantial progress in achieving performance reports under 34 CFR effectiveness of the key practices to the performance targets in the grantee’s 75.720(c). For specific requirements on identify potential obstacles and success approved application. reporting, please go to www.ed.gov/ factors to scaling; and (6) the cost per fund/grant/apply/appforms/ student served by the grant. In making a continuation award, the appforms.html. Project-Specific Performance Secretary also considers whether the (c) Under 34 CFR 75.250(b), the Measures: Applicants must propose grantee is operating in compliance with Secretary may provide a grantee with project-specific performance measures the assurances in its approved additional funding for data collection and performance targets (as defined in application, including those applicable analysis and reporting. In this case the this notice) consistent with the to Federal civil rights laws that prohibit Secretary establishes a data collection objectives of the proposed project. discrimination in programs or activities period. Applications must provide the receiving Federal financial assistance 5. Performance Measures: The overall following information as directed under from the Department (34 CFR 100.4, purpose of the EIR program is to expand 34 CFR 75.110(b) and (c): 104.5, 106.4, 108.8, and 110.23).

VerDate Sep<11>2014 17:36 Jun 04, 2021 Jkt 253001 PO 00000 Frm 00061 Fmt 4703 Sfmt 4703 E:\FR\FM\07JNN1.SGM 07JNN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Notices 30311

VII. Other Information information collection requests should evidence base in education. Finding Accessible Format: On request to the be sent within 30 days of publication of creative ways to redeploy existing program contact person listed under FOR this notice to www.reginfo.gov/public/ teachers in the classroom may yield FURTHER INFORMATION CONTACT, do/PRAMain. Find this information academic benefits to students at little individuals with disabilities can obtain collection request by selecting cost. One such strategy is this document and a copy of the ‘‘Department of Education’’ under departmentalized instruction, where application package in an accessible ‘‘Currently Under Review,’’ then check each teacher specializes in teaching format. The Department will provide the ‘‘Only Show ICR for Public Comment’’ certain subjects to multiple classes of requestor with an accessible format that checkbox. Comments may also be sent students instead of teaching all subjects may include Rich Text Format (RTF) or to [email protected]. to a single class of students (self- text format (txt), a thumb drive, an MP3 FOR FURTHER INFORMATION CONTACT: For contained instruction). While nearly file, braille, large print, audiotape, or specific questions related to collection ubiquitous in secondary schools, compact disc, or other accessible format. activities, please contact Thomas Wei, departmentalization has only recently Electronic Access to This Document: 646–428–3892. become more popular in upper The official version of this document is SUPPLEMENTARY INFORMATION: The elementary grades. This evaluation is the document published in the Federal Department of Education (ED), in examining the implementation and Register. You may access the official accordance with the Paperwork outcomes of teachers and students as edition of the Federal Register and the Reduction Act of 1995 (PRA) (44 U.S.C. they departmentalize in fourth and fifth Code of Federal Regulations at 3506(c)(2)(A)), provides the general grades. In doing so, it will generate www.govinfo.gov. At this site you can public and Federal agencies with an valuable evidence on an improvement view this document, as well as all other opportunity to comment on proposed, strategy that low-performing elementary documents of this Department revised, and continuing collections of schools identified under ESSA may published in the Federal Register, in information. This helps the Department consider adopting. text or Portable Document Format assess the impact of its information Dated: June 2, 2021. (PDF). To use PDF you must have collection requirements and minimize Juliana Pearson, Adobe Acrobat Reader, which is the public’s reporting burden. It also PRA Coordinator, Strategic Collections and available free at the site. helps the public understand the Clearance Governance and Strategy Division, You may also access documents of the Department’s information collection Office of Chief Data Officer, Office of Department published in the Federal requirements and provide the requested Planning, Evaluation and Policy Register by using the article search data in the desired format. ED is Development. feature at www.federalregister.gov. soliciting comments on the proposed [FR Doc. 2021–11821 Filed 6–4–21; 8:45 am] Specifically, through the advanced information collection request (ICR) that BILLING CODE 4000–01–P search feature at this site, you can limit is described below. The Department of your search to documents published by Education is especially interested in the Department. public comment addressing the DEPARTMENT OF ENERGY Ian Rosenblum, following issues: (1) is this collection Delegated the Authority to Perform the necessary to the proper functions of the Renewal of a Currently Approved Functions and Duties of the Assistant Department; (2) will this information be Information Collection for the Energy Secretary, Office of Elementary and processed and used in a timely manner; Efficiency and Conservation Block Secondary Education. (3) is the estimate of burden accurate; Grant Financing Programs [FR Doc. 2021–11938 Filed 6–4–21; 8:45 am] (4) how might the Department enhance AGENCY: Office of Energy Efficiency and the quality, utility, and clarity of the BILLING CODE 4000–01–P Renewable Energy, U.S. Department of information to be collected; and (5) how Energy. might the Department minimize the DEPARTMENT OF EDUCATION burden of this collection on the ACTION: Notice and request for comments. [Docket No.: ED–2021–SCC–0050] respondents, including through the use of information technology. Please note SUMMARY: The Department of Energy that written comments received in Agency Information Collection (DOE), pursuant to the Paperwork response to this notice will be Activities; Submission to the Office of Reduction Act of 1995, intends to considered public records. Management and Budget for Review extend for three years a currently Title of Collection: Impact Evaluation and approval; Comment Request; approved collection of information with of Departmentalized Instruction in Impact Evaluation of Departmentalized the Office of Management and Budget Elementary Schools. Instruction in Elementary Schools (OMB). The information collection OMB Control Number: 1850–0942. request, Energy Efficiency and AGENCY: Institute of Educational Type of Review: An extension without Conservation Block Grant Program, was Sciences (IES), Department of Education change of a currently approved previously approved under OMB (ED) collection. Control No. 1910–5150 and its current ACTION: Notice. Respondents/Affected Public: expiration date is September 30, 2021. Individuals and Households. SUMMARY: In accordance with the Total Estimated Number of Annual The proposed collection will collect Paperwork Reduction Act of 1995, ED is Responses: 12. information on the status of Grantee proposing an extension without change Total Estimated Number of Annual activities, expenditures, and results, to of a currently approved collection. Burden Hours: 80. ensure that program funds are being DATES: Interested persons are invited to Abstract: This study is authorized by used appropriately, effectively, and submit comments on or before July 7, Section 8601 of the Every Student expeditiously. 2021. Succeeds Act (ESSA), which tasks the DATES: Comments regarding this ADDRESSES: Written comments and U.S. Department of Education with collection must be received on or before recommendations for proposed conducting evaluations to build the August 6, 2021. If you anticipate that

VerDate Sep<11>2014 17:36 Jun 04, 2021 Jkt 253001 PO 00000 Frm 00062 Fmt 4703 Sfmt 4703 E:\FR\FM\07JNN1.SGM 07JNN1 khammond on DSKJM1Z7X2PROD with NOTICES 30312 Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Notices

you will be submitting comments, but and Renewable Energy, pursuant to Description: Phoenix 820, LLC find it difficult to do so within the delegated authority from the Secretary submits Notice of Self-Certification of period of time allowed by this notice, of Energy. That document with the Exempt Wholesale Generator Status. please advise the OMB Desk Officer of original signature and date is Filed Date: 5/28/21. your intention to make a submission as maintained by DOE. For administrative Accession Number: 20210528–5402. soon as possible. The Desk Officer may purposes only, and in compliance with Comments Due: 5 p.m. ET 6/18/21. be telephoned at (202) 395–4650. requirements of the Office of the Federal Take notice that the Commission ADDRESSES: Written comments should Register, the undersigned DOE Federal received the following electric rate be sent to the DOE Desk Officer, Office Register Liaison Officer has been filings: of Information and Regulatory Affairs, authorized to sign and submit the Docket Numbers: ER10–2437–016. Office of Management and Budget, New document in electronic format for Applicants: Arizona Public Service Executive Office Building, Room 10102, publication, as an official document of Company. 735 17th Street NW, Washington, DC the Department of Energy. This Description: Notice of Change in 20503. administrative process in no way alters Status of Arizona Public Service And to the legal effect of this document upon Company. Pam Mendelson, EE–5W, U.S. publication in the Federal Register. Filed Date: 5/28/21. Department of Energy, 1000 Signed in Washington, DC, June 2, 2021. Accession Number: 20210528–5413. Independence Ave. SW, Washington, Treena V. Garrett, Comments Due: 5 p.m. ET 6/18/21. DC 20585, Email: Pam.Mendelson@ Federal Register Liaison Officer, U.S. Docket Numbers: ER20–1039–002. ee.doe.gov. Department of Energy. Applicants: GridLiance Heartland FOR FURTHER INFORMATION CONTACT: [FR Doc. 2021–11834 Filed 6–4–21; 8:45 am] LLC. Description: Compliance filing: GLH Requests for additional information or BILLING CODE 6450–01–P copies of the information collection ITA Amended Compliance Filing ER20– instrument and instructions should be 1039 to be effective 3/1/2020. directed to:, James Carlisle, U.S. DEPARTMENT OF ENERGY Filed Date: 5/28/21. Department of Energy, 1000 Accession Number: 20210528–5343. Independence Ave. SW, Washington, Federal Energy Regulatory Comments Due: 5 p.m. ET 6/18/21. DC 20585, Phone: (202) 287–1724, Fax: Commission Docket Numbers: ER20–2125–000. (412) 386–5835, Email: James.Carlisle@ Applicants: WGP Redwood Holdings, ee.doe.gov. Combined Notice of Filings #1 LLC. Description: Further Supplement to SUPPLEMENTARY INFORMATION: This Take notice that the Commission information collection request contains: the June 22, 2020 WGP Redwood received the following electric corporate Holdings, LLC tariff filing. (1) OMB No.: 1910–5150; (2) filings: Information Collection Request Title: Filed Date: 5/27/21. Docket Numbers: EC21–63–000. Energy Efficiency and Conservation Accession Number: 20210527–5268. Applicants: Effingham County Power, Block Grant Program Financing Comments Due: 5 p.m. ET 6/17/21. LLC. Programs; (3) Type of Review: Renewal Docket Numbers: ER20–2148–004. Description: Supplement to March 3, of a Currently Approved Information Applicants: Lexington Chenoa Wind 2021 Application for Authorization Collection; (4) Purpose: To collect Farm LLC. Under Section 203 of the Federal Power information on the status of Financing Description: Compliance filing: Act of Effingham County Power, LLC. Program activities, expenditures, and Compliance filing for Docket ER20–2148 Filed Date: 5/28/21. results, to ensure that program funds are to be effective 8/24/2020. being used appropriately, effectively Accession Number: 20210528–5520. Filed Date: 6/1/21. and expeditiously; (5) Annual Estimated Comments Due: 5 p.m. ET 6/4/21. Accession Number: 20210601–5046. Number of Respondents: 54; (6) Annual Docket Numbers: EC21–98–000. Comments Due: 5 p.m. ET 6/22/21. Estimated Number of Total Responses: Applicants: AP Gas & Electric (NY), Docket Numbers: ER21–2038–000. 101; (7) Annual Estimated Number of LLC. Applicants: Basin Electric Power Burden Hours: 303; (8) Annual Description: Application for Cooperative. Estimated Reporting and Recordkeeping Authorization Under Section 203 of the Description: § 205(d) Rate Filing: Cost Burden: $12,120. Respondents, Federal Power Act of AP Gas & Electric Submission of Revised Missouri Basin total responses, burden hours and the (NY), LLC. Power Project Agreements to be annual cost burden have all been Filed Date: 5/28/21. effective 12/31/9998. reduced over time because of the Accession Number: 20210528–5407. Filed Date: 5/28/21. retirement of grants, fewer programs and Comments Due: 5 p.m. ET 6/18/21. Accession Number: 20210528–5391. Comments Due: 5 p.m. ET 6/11/21. a lessened burden on reporting and Take notice that the Commission recordkeeping costs. received the following exempt Docket Numbers: ER21–2039–000. Applicants: Tri-State Generation and Statutory Authority: Title V, Subtitle wholesale generator filings: E of the Energy Independence and Transmission Association, Inc. Docket Numbers: EG21–162–000. Security Act (EISA), Public Law 110– Description: § 205(d) Rate Filing: Applicants: Phoenix 500, LLC. 140 as amended (42 U.S.C. 17151 et Certificates of Concurrence for Description: Phoenix 500, LLC seq.). Amended MBPP Agreements to be submits Notice of Self Certification of effective 12/31/9998. Signing Authority Exempt Wholesale Generator Status. Filed Date: 5/28/21. This document of the Department of Filed Date: 5/28/21. Accession Number: 20210528–5392. Energy was signed on May 27, 2021, by Accession Number: 20210528–5397. Comments Due: 5 p.m. ET 6/18/21. Anna Maria Garcia, Acting Deputy Comments Due: 5 p.m. ET 6/18/21. Docket Numbers: ER21–2040–000. Assistant Secretary for Energy Docket Numbers: EG21–163–000. Applicants: California Independent Efficiency, Office of Energy Efficiency Applicants: Phoenix 820, LLC. System Operator Corporation.

VerDate Sep<11>2014 17:36 Jun 04, 2021 Jkt 253001 PO 00000 Frm 00063 Fmt 4703 Sfmt 4703 E:\FR\FM\07JNN1.SGM 07JNN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Notices 30313

Description: Petition for Approval of Applicants: Southwest Power Pool, requirements, interventions, protests, Disposition of Penalty Assessment Inc. service, and qualifying facilities filings Proceeds and non-Refundable Description: § 205(d) Rate Filing: can be found at: http://www.ferc.gov/ Interconnection Financial Security of 3215R10 People’s Electric Cooperative docs-filing/efiling/filing-req.pdf. For the California Independent System NITSA NOA to be effective 8/1/2021. other information, call (866) 208–3676 Operator Corporation. Filed Date: 6/1/21. (toll free). For TTY, call (202) 502–8659. Filed Date: 5/28/21. Accession Number: 20210601–5193. Dated: June 1, 2021. Comments Due: 5 p.m. ET 6/22/21. Accession Number: 20210528–5488. Debbie-Anne A. Reese, Comments Due: 5 p.m. ET 6/18/21. Docket Numbers: ER21–2048–000. Deputy Secretary. Docket Numbers: ER21–2041–000. Applicants: Sac County Wind, LLC. [FR Doc. 2021–11869 Filed 6–4–21; 8:45 am] Applicants: PJM Interconnection, Description: Baseline eTariff Filing: L.L.C. Sac County Wind, LLC Application for BILLING CODE 6717–01–P Description: § 205(d) Rate Filing: MBR Authority to be effective 8/1/2021. Filed Date: 6/1/21. Original WMPA, Service Agreement No. DEPARTMENT OF ENERGY 6082; Queue No. AF1–039 to be Accession Number: 20210601–5213. effective 4/30/2021. Comments Due: 5 p.m. ET 6/22/21. Federal Energy Regulatory Filed Date: 6/1/21. Docket Numbers: ER21–2049–000. Commission Accession Number: 20210601–5014. Applicants: Pacific Gas and Electric Comments Due: 5 p.m. ET 6/22/21. Company. [Project No. 2601–068] Description: Notice of Termination of Docket Numbers: ER21–2042–000. Northbrook Carolina Hydro II, LLC, Applicants: PJM Interconnection, Service Agreement No. 7 with West Contra Costa Energy Recovery Company HydroLand Carolinas I, LLC; Notice of L.L.C. Application for Transfer of License and Description: § 205(d) Rate Filing: Incorporated of Pacific Gas and Electric Company. Soliciting Comments, Motions To Original WMPA, Service Agreement No. Intervene, and Protests 6085; Queue No. AF2–275 to be Filed Date: 6/1/21. effective 5/4/2021. Accession Number: 20210601–5221. On May 13, 2021, Northbrook Filed Date: 6/1/21. Comments Due: 5 p.m. ET 6/22/21. Carolina Hydro II, LLC (transferor) and Accession Number: 20210601–5030. Docket Numbers: ER21–2050–000. HydroLand Carolinas I, LLC (transferee) Comments Due: 5 p.m. ET 6/22/21. Applicants: Midcontinent filed jointly an application for the Docket Numbers: ER21–2043–000. Independent System Operator, Inc., transfer of license of the Bryson Applicants: PJM Interconnection, Consumers Energy Company. Hydroelectric Project No. 2601. The Description: § 205(d) Rate Filing: project is located on the Oconaluftee L.L.C. _ Description: § 205(d) Rate Filing: 2021–06–01 Consumers Energy Exit River, near the City of Bryson, in Swain Updated Effective Load Carrying Filing to be effective 12/31/9998. County, North Carolina. Filed Date: 6/1/21. Capability Construct, Effective August 1, The applicants seek Commission Accession Number: 20210601–5230. 2021 to be effective 8/1/2021. approval to transfer the license for the Comments Due: 5 p.m. ET 6/22/21. Filed Date: 6/1/21. Bryson Hydroelectric Project from the Accession Number: 20210601–5065. Take notice that the Commission transferor to the transferee. Comments Due: 5 p.m. ET 6/22/21. received the following electric securities Applicants Contact: For transferor: filings: Docket Numbers: ER21–2044–000. Mr. Kyle Kroeger, Northbrook Carolina Applicants: Southwest Power Pool, Docket Numbers: ES21–48–000. Hydro II, LLC, c/o North Sky Capital, Inc. Applicants: Northern Indiana Public LLC, 33 South Sixth Street, Suite 4646, Description: § 205(d) Rate Filing: Service Company. Minneapolis, MN 55402, Email: 1166R36 Oklahoma Municipal Power Description: Application under [email protected] and Mr. Authority NITSA NOA to be effective 8/ Section 204 of the Federal Power Act for John C. Ahlrichs, Northbrook Energy, 1/2021. Authorization to Issue Securities of LLC, 14550 N Frank Lloyd Wright Blvd., Filed Date: 6/1/21. Northern Indiana Public Service Suite 210, Scottsdale, AZ 85260, Email: Accession Number: 20210601–5127. Company LLC. [email protected] with a copy to: Comments Due: 5 p.m. ET 6/22/21. Filed Date: 5/28/21. Mr. Curt Whitaker, c/o Rath, Young and Accession Number: 20210528–5491. Pignatelli, One Capital Plaza, Box 1500, Docket Numbers: ER21–2045–000. Comments Due: 5 p.m. ET 6/18/21. Concord, NH 03302, Email: mcm@ Applicants: Tri-State Generation and The filings are accessible in the rathlaw.com. Transmission Association, Inc. Commission’s eLibrary system (https:// For transferee: Mr. Cory Lagerstrom, Description: § 205(d) Rate Filing: elibrary.ferc.gov/idmws/search/ CEO, HydroLand Carolinas I, LLC, c/o Initial Filing of Rate Schedule FERC No. fercgensearch.asp) by querying the HydroLand, Inc., 4603 Homestead 320 to be effective 5/27/2021. docket number. Drive, Prairie Village, KS 66208, Email: Filed Date: 6/1/21. Any person desiring to intervene or [email protected]. Accession Number: 20210601–5151. protest in any of the above proceedings FERC Contact: Anumzziatta Comments Due: 5 p.m. ET 6/22/21. must file in accordance with Rules 211 Purchiaroni, (202) 502–6191, Docket Numbers: ER21–2046–000. and 214 of the Commission’s [email protected]. Applicants: Equilon Enterprises LLC. Regulations (18 CFR 385.211 and Deadline for filing comments, motions Description: § 205(d) Rate Filing: 385.214) on or before 5:00 p.m. Eastern to intervene, and protests: 30 days from Revised Market-Based Rate Tariff to be time on the specified comment date. the date that the Commission issues this effective 6/2/2021. Protests may be considered, but notice. The Commission strongly Filed Date: 6/1/21. intervention is necessary to become a encourages electronic filing. Please file Accession Number: 20210601–5165. party to the proceeding. comments, motions to intervene, and Comments Due: 5 p.m. ET 6/22/21. eFiling is encouraged. More detailed protests using the Commission’s eFiling Docket Numbers: ER21–2047–000. information relating to filing system at http://www.ferc.gov/docs-

VerDate Sep<11>2014 17:36 Jun 04, 2021 Jkt 253001 PO 00000 Frm 00064 Fmt 4703 Sfmt 4703 E:\FR\FM\07JNN1.SGM 07JNN1 khammond on DSKJM1Z7X2PROD with NOTICES 30314 Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Notices

filing/efiling.asp. Commenters can Description: § 4(d) Rate Filing: Targa Filed Date: 5/28/21. submit brief comments up to 6,000 FTS Negotiated Rate to be effective 6/1/ Accession Number: 20210528–5251. characters, without prior registration, 2021. Comments Due: 5 p.m. ET 6/9/21. using the eComment system at http:// Filed Date: 5/28/21. Docket Numbers: RP21–864–000. www.ferc.gov/docs-filing/ Accession Number: 20210528–5093. Applicants: Horizon Pipeline ecomment.asp. You must include your Comments Due: 5 p.m. ET 6/9/21. Company, L.L.C. name and contact information at the end Docket Numbers: RP21–857–000. Description: § 4(d) Rate Filing: of your comments. For assistance, Applicants: Gulf South Pipeline Negotiated Rate Agreement Filing— please contact FERC Online Support at Company, LLC. Elgin Energy Center LLC to be effective [email protected], (866) Description: § 4(d) Rate Filing: Cap 6/1/2021. 208–3676 (toll free), or (202) 502–8659 Rel Neg Rate Agmt (Southern 49811 to Filed Date: 5/28/21. (TTY). FPL 54066) to be effective 6/1/2021. Accession Number: 20210528–5258. In lieu of electronic filing, you may Filed Date: 5/28/21. Comments Due: 5 p.m. ET 6/9/21. submit a paper copy. Submissions sent Accession Number: 20210528–5116. Docket Numbers: RP21–865–000. via U.S. Postal Service must be Comments Due: 5 p.m. ET 6/9/21. Applicants: MarkWest Pioneer, L.L.C. addressed to, Kimberly D. Bose, Docket Numbers: RP21–858–000. Description: § 4(d) Rate Filing: Secretary, Federal Energy Regulatory Applicants: Gulf South Pipeline Quarterly Fuel Adjustment Filing to be Commission, 888 First Street NE, Room Company, LLC. effective 7/1/2021. 1A, Washington, DC 20426. Description: § 4(d) Rate Filing: Cap Filed Date: 5/28/21. Submissions sent via any other carrier Rel Neg Rate Agmts (Atlanta Gas 8438 Accession Number: 20210528–5313. must be addressed to, Kimberly D. Bose, to various shippers eff 6–1–2021) to be Comments Due: 5 p.m. ET 6/9/21. Secretary, Federal Energy Regulatory effective 6/1/2021. The filings are accessible in the Commission, 12225 Wilkins Avenue, Filed Date: 5/28/21. Commission’s eLibrary system (https:// Rockville, Maryland 20852. The first Accession Number: 20210528–5117. elibrary.ferc.gov/idmws/search/ page of any filing should include docket Comments Due: 5 p.m. ET 6/9/21. fercgensearch.asp) by querying the number P–2601–068. Comments Docket Numbers: RP21–859–000. docket number. emailed to Commission staff are not Applicants: Kern River Gas Any person desiring to intervene or considered part of the Commission Transmission Company. protest in any of the above proceedings record. Description: § 4(d) Rate Filing: 2021 must file in accordance with Rules 211 Dated: June 1, 2021. May Negotiated Rate Amendments to be and 214 of the Commission’s Kimberly D. Bose, effective 6/1/2021. Regulations (18 CFR 385.211 and 385.214) on or before 5:00 p.m. Eastern Secretary. Filed Date: 5/28/21. time on the specified comment date. [FR Doc. 2021–11851 Filed 6–4–21; 8:45 am] Accession Number: 20210528–5140. Comments Due: 5 p.m. ET 6/9/21. Protests may be considered, but BILLING CODE 6717–01–P intervention is necessary to become a Docket Numbers: RP21–860–000. party to the proceeding. Applicants: Kern River Gas eFiling is encouraged. More detailed DEPARTMENT OF ENERGY Transmission Company. information relating to filing Description: § 4(d) Rate Filing: 2021 requirements, interventions, protests, Federal Energy Regulatory Housekeeping Original Volume 1A to be service, and qualifying facilities filings Commission effective 6/28/2021. can be found at: http://www.ferc.gov/ Filed Date: 5/28/21. docs-filing/efiling/filing-req.pdf. For Combined Notice of Filings Accession Number: 20210528–5148. other information, call (866) 208–3676 Comments Due: 5 p.m. ET 6/9/21. Take notice that the Commission has (toll free). For TTY, call (202) 502–8659. received the following Natural Gas Docket Numbers: RP21–861–000. Dated: June 1, 2021. Pipeline Rate and Refund Report filings: Applicants: Wyoming Interstate Debbie-Anne A. Reese, Docket Numbers: RP21–854–000. Company, L.L.C. Deputy Secretary. Applicants: Natural Gas Pipeline Description: § 4(d) Rate Filing: [FR Doc. 2021–11870 Filed 6–4–21; 8:45 am] Company of America. Negotiated Rate Agreement (Hartree) to Description: § 4(d) Rate Filing: be effective 6/1/2021. BILLING CODE 6717–01–P Negotiated Rate Agreement Filing— Filed Date: 5/28/21. Uniper Global to be effective 6/1/2021. Accession Number: 20210528–5172. Comments Due: 5 p.m. ET 6/9/21. DEPARTMENT OF ENERGY Filed Date: 5/28/21. Accession Number: 20210528–5008. Docket Numbers: RP21–862–000. Federal Energy Regulatory Comments Due: 5 p.m. ET 6/9/21. Applicants: Northern Natural Gas Commission Company. Docket Numbers: RP21–855–000. Description: § 4(d) Rate Filing: [Docket No. AD21–13–000] Applicants: Gulf South Pipeline 20210528 Negotiated Rate to be effective Company, LLC. 6/1/2021. Climate Change, Extreme Weather, and Description: § 4(d) Rate Filing: Filed Date: 5/28/21. Electric System Reliability; Amendment to Neg Rate Agmt (Wells Accession Number: 20210528–5212. Supplemental Notice of Technical Fargo 51758) to be effective 6/1/2021. Comments Due: 5 p.m. ET 6/9/21. Conference Filed Date: 5/28/21. Docket Numbers: RP21–863–000. As announced in the Notice of Accession Number: 20210528–5074. Applicants: Rockies Express Pipeline Technical Conference issued in this Comments Due: 5 p.m. ET 6/9/21. LLC. proceeding on March 5, 2021, Federal Docket Numbers: RP21–856–000. Description: § 4(d) Rate Filing: REX Energy Regulatory Commission Applicants: Midcontinent Express 2021–05–28 Negotiated Rate Agreement (Commission) staff will convene a Pipeline LLC. to be effective 6/1/2021. technical conference to discuss issues

VerDate Sep<11>2014 17:36 Jun 04, 2021 Jkt 253001 PO 00000 Frm 00065 Fmt 4703 Sfmt 4703 E:\FR\FM\07JNN1.SGM 07JNN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Notices 30315

surrounding the threat to electric system Rahim Amerkhail, 202–502–8266, filing/efiling.asp. Commenters can reliability posed by climate change and [email protected] for technical submit brief comments up to 6,000 extreme weather events. The conference questions or Sarah McKinley, 202–502– characters, without prior registration, will be held on Tuesday, June 1, 2021 8368, [email protected] for using the eComment system at http:// and Wednesday June 2, 2021, from logistical issues. www.ferc.gov/docs-filing/ approximately 1:00 p.m. to 6:00 p.m. Dated: May 27, 2021. ecomment.asp. You must include your Eastern Time each day. The conference Kimberly D. Bose, name and contact information at the end will be held virtually via WebEx. of your comments. For assistance, Secretary. Commissioners may attend and please contact FERC Online Support at participate. [FR Doc. 2021–11814 Filed 6–4–21; 8:45 am] [email protected], (866) We note that discussions at the BILLING CODE 6717–01–P 208–3676 (toll free), or (202) 502–8659 conference may involve issues raised in (TTY). proceedings that are currently pending In lieu of electronic filing, you may DEPARTMENT OF ENERGY before the Commission. These submit a paper copy. Submissions sent proceedings include, but are not limited Federal Energy Regulatory via U.S. Postal Service must be to: Commission addressed to, Kimberly D. Bose, California Independent System Operator Secretary, Federal Energy Regulatory Corp., Docket No. ER21–1536–000 [Project No. 2603–050] Commission, 888 First Street NE, Room California Independent System Operator 1A, Washington, DC 20426. Corp., Docket No. ER21–1551–000 Northbrook Carolina Hydro II, LLC; Submissions sent via any other carrier California Independent System Operator HydroLand Carolinas I, LLC; Notice of must be addressed to, Kimberly D. Bose, Corp., Docket No. ER21–1790–000 Application for Transfer of License and Secretary, Federal Energy Regulatory CAlifornians for Renewable Energy v. Soliciting Comments, Motions To Commission, 12225 Wilkins Avenue, California Independent System Intervene, and Protests Rockville, Maryland 20852. The first Operator Corp., Docket No. EL20–69– On May 13, 2021, Northbrook page of any filing should include docket 001 Carolina Hydro II, LLC (transferor) and number P–2603–050. Comments Central Hudson Gas & Elec. Corp., et al. HydroLand Carolinas I, LLC (transferee) emailed to Commission staff are not v. New York Independent System filed jointly an application for the considered part of the Commission Operator, Inc., Docket No. EL21–66– transfer of license of the Franklin record. 000 Hydroelectric Project No. 2603. The Complaint of Michael Mabee, Docket Dated: June 1, 2021. project is located on the Little No. EL21–54–000 Kimberly D. Bose, Duke Energy Carolinas, LLC, et al., Tennessee River, near the City of Secretary. Franklin, in Macon County, North Docket No. ER21–1579–000 [FR Doc. 2021–11848 Filed 6–4–21; 8:45 am] Carolina. George Berka v. Andrew Cuomo, et al., BILLING CODE 6717–01–P Docket No. EL21–61–000 The applicants seek Commission New York Independent System approval to transfer the license for the Operator, Inc., Docket Nos. ER21– Franklin Hydroelectric Project from the FEDERAL COMMUNICATIONS 502–002, ER21–502–003 transferor to the transferee. New York Independent System Applicants Contact: For transferor: COMMISSION Operator, Inc., Docket Nos. ER21– Mr. Kyle Kroeger, Northbrook Carolina Hydro II, LLC, c/o North Sky Capital, [OMB 3060–1013; OMB 3060–XXXX, FRS 1018–000, ER21–1018–001 30133] New York Transmission Owners, Docket LLC, 33 South Sixth Street, Suite 4646, No. ER21–1647–000 Minneapolis, MN 55402, Email: Information Collections Being NV Energy v. California Independent [email protected] and Mr. Submitted for Review and Approval to System Operator Corp., Docket No. John C. Ahlrichs, Northbrook Energy, Office of Management and Budget EL21–74–000 LLC, 14550 N Frank Lloyd Wright Blvd., PJM Interconnection, L.L.C., Docket No. Suite 210, Scottsdale, AZ 85260, Email: AGENCY: Federal Communications ER21–278–001 [email protected] with a copy to: Commission. PJM Interconnection, L.L.C., Docket Mr. Curt Whitaker, c/o Rath, Young and ACTION: Notice and request for Nos. EL19–100–000, ER20–584–000 Pignatelli, One Capital Plaza, Box 1500, comments. PJM Interconnection, L.L.C., Docket No. Concord, NH 03302, Email: mcm@ ER21–1635–000 rathlaw.com. SUMMARY: As part of its continuing effort Attached to this Supplemental Notice For transferee: Mr. Cory Lagerstrom, to reduce paperwork burdens, as is a revised agenda for the technical CEO, HydroLand Carolinas I, LLC, c/o required by the Paperwork Reduction conference, which includes the final HydroLand, Inc., 4603 Homestead Act (PRA) of 1995, the Federal conference program and expected Drive, Prairie Village, KS 66208, Email: Communications Commission (FCC or speakers. The conference will be open [email protected]. the Commission) invites the general for the public to attend virtually. FERC Contact: Anumzziatta public and other Federal Agencies to Information on the technical conference Purchiaroni, (202) 502–6191, take this opportunity to comment on the will also be posted on the Calendar of [email protected]. following information collection. Events on the Commission’s website, Deadline for filing comments, motions Pursuant to the Small Business http://www.ferc.gov, prior to the event. to intervene, and protests: 30 days from Paperwork Relief Act of 2002, the FCC The conference will be transcribed. the date that the Commission issues this seeks specific comment on how it can Transcripts of the conference will be notice. The Commission strongly further reduce the information available for a fee from Ace-Federal encourages electronic filing. Please file collection burden for small business Reporters, Inc. (202–347–3700). comments, motions to intervene, and concerns with fewer than 25 employees. For more information about this protests using the Commission’s eFiling DATES: Written comments and technical conference, please contact system at http://www.ferc.gov/docs- recommendations for the proposed

VerDate Sep<11>2014 17:36 Jun 04, 2021 Jkt 253001 PO 00000 Frm 00066 Fmt 4703 Sfmt 4703 E:\FR\FM\07JNN1.SGM 07JNN1 khammond on DSKJM1Z7X2PROD with NOTICES 30316 Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Notices

information collection should be burden estimates; (c) ways to enhance the Commission’s rules, which can help submitted on or before July 7, 2021. the quality, utility, and clarity of the to increase certainty in the application ADDRESSES: Comments should be sent to information collected; and (d) ways to filing process. While this information www.reginfo.gov/public/do/PRAMain. minimize the burden of the collection of collection represents an overall increase Find this particular information information on the respondents, in the burden hours, the information collection by selecting ‘‘Currently under including the use of automated collection serves the public interest by 30-day Review—Open for Public collection techniques or other forms of ensuring that the Commission and Comments’’ or by using the search information technology. Pursuant to the public have necessary information about function. Your comment must be Small Business Paperwork Relief Act of satellite applicants’ plans for mitigation submitted into www.reginfo.gov per the 2002, Public Law 107–198, see 44 U.S.C. of orbital debris. above instructions for it to be 3506(c)(4), the FCC seeks specific Specifically, FCC 20–54 contains the considered. In addition to submitting in comment on how it might ‘‘further new or modified information collection www.reginfo.gov also send a copy of reduce the information collection requirements listed below, applicable to your comment on the proposed burden for small business concerns with applicants seeking experimental information collection to Cathy fewer than 25 employees.’’ licenses for satellite operations under Williams, FCC, via email to PRA@ OMB Control Number: 3060–1013. part 5 of the Commission’s rules, as well fcc.gov and to [email protected]. Title: Mitigation of Orbital Debris. as to license grantees under part 97 Include in the comments the OMB Form Number: N/A. submitting notifications to the control number as shown in the Type of Review: Revision of an Commission prior to launch of a SUPPLEMENTARY INFORMATION below. existing collection. satellite amateur station: FOR FURTHER INFORMATION CONTACT: For Respondents: Business or other for- (1) Existing disclosure requirements additional information or copies of the profit entities, not-for-profit institutions. have been revised to include specific information collection, contact Cathy Number of Respondents: 46 metrics in several areas, including: Williams at (202) 418–2918. To view a respondents; 46 responses. Probability that the space stations will copy of this information collection Estimated Time per Response: 8 become a source of debris by collision request (ICR) submitted to OMB: (1) Go hours. with small debris and meteoroids that to the web page http://www.reginfo.gov/ Frequency of Response: On occasion would cause loss of control and prevent public/do/PRAMain, (2) look for the reporting requirement. disposal; probability of collision section of the web page called Obligation to Respond: Required to between any non-geostationary orbit ‘‘Currently Under Review,’’ (3) click on obtain or retain benefits. The statutory (NGSO) space station and other large the downward-pointing arrow in the authority for this information collection objects; and casualty risk associated ‘‘Select Agency’’ box below the is contained in 47 U.S.C. 151, 154(i), with any individual spacecraft that will ‘‘Currently Under Review’’ heading, (4) 301, 303, 307, 308, 309, and 310. be disposed by atmospheric re-entry. select ‘‘Federal Communications Total Annual Burden: 368 hours. (2) Where relevant, the disclosures Commission’’ from the list of agencies Annual Cost Burden: $88,550. must include the following: Use of presented in the ‘‘Select Agency’’ box, Privacy Act Impact Assessment: No separate deployment devices, distinct (5) click the ‘‘Submit’’ button to the impact(s). from the space station launch vehicle, right of the ‘‘Select Agency’’ box, (6) Nature and Extent of Confidentiality: that may become a source of orbital when the list of FCC ICRs currently In general, there is no need for debris; potential release of liquids that under review appears, look for the Title confidentiality with this collection of will persist in droplet form; and any of this ICR and then click on the ICR information. planned proximity operations and Reference Number. A copy of the FCC Needs and Uses: On April 24, 2020, debris generation that will or may result submission to OMB will be displayed. the Commission released a Report and from the proposed operations, including SUPPLEMENTARY INFORMATION: The Order, FCC 20–54, IB Docket No. 18– any planned release of debris, the risk Commission may not conduct or 313, titled ‘‘Mitigation of Orbital Debris of accidental explosions, the risk of sponsor a collection of information in the New Space Age’’ (Orbital Debris accidental collision, and measures taken unless it displays a currently valid Report and Order). In this Orbital Debris to mitigate those risks. Office of Management and Budget Report and Order, the Commission (3) The existing disclosure (OMB) control number. No person shall updated its rules related to orbital requirement to analyze potential be subject to any penalty for failing to debris mitigation, including application collision risk associated with space comply with a collection of information requirements. The new rules are station(s) orbits has been modified to subject to the PRA that does not display designed to ensure that the specify that the disclosure identify a valid OMB control number. Commission’s actions concerning radio characteristics of the space station(s)’ As part of its continuing effort to communications, including licensing orbits that may present a collision risk, reduce paperwork burdens, as required U.S. spacecraft and granting access to including any planned and/or by the Paperwork Reduction Act (PRA) the U.S. market for non-U.S. spacecraft, operational space stations in those of 1995 (44 U.S.C. 3501–3520), the FCC mitigate the growth of orbital debris, orbits, and indicate what steps, if any, invited the general public and other while at the same time not creating have been taken to coordinate with the Federal Agencies to take this undue regulatory obstacles to new other spacecraft or system, or what other opportunity to comment on the satellite ventures. The action will help measures the operator plans to use to following information collection. to ensure that Commission decisions are avoid collision. Comments are requested concerning: (a) consistent with the public interest in (4) For NGSO space stations that will Whether the proposed collection of space remaining viable for future transit through the orbits used by any information is necessary for the proper satellites and systems and the many inhabitable spacecraft, including the performance of the functions of the services that those systems provide to International Space Station, the Commission, including whether the the public. The rule revisions also disclosure must include the design and information shall have practical utility; provide additional detail to applicants operational strategies, if any, that will (b) the accuracy of the Commission’s on what information is expected under be used to minimize the risk of collision

VerDate Sep<11>2014 17:36 Jun 04, 2021 Jkt 253001 PO 00000 Frm 00067 Fmt 4703 Sfmt 4703 E:\FR\FM\07JNN1.SGM 07JNN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Notices 30317

and avoid posing any operational Estimated Time per Response: 16 things, helped to complete the reform of constraints to the inhabitable spacecraft. hours. the high-cost program begun in the (5) The disclosure must include a Frequency of Response: One-time USF/ICC Transformation Order by certification that upon receipt of a space reporting requirement. adopting additional public interest situational awareness conjunction Obligation to Respond: Required to obligations and performance warning, the operator will review and obtain or retain benefits. Statutory requirements for legacy high-cost take all possible steps to assess the authority for this information collection support recipients, whose broadband- is contained in 47 U.S.C. 154, 254 and collision risk, and will mitigate the specific public interest obligations for collision risk if necessary. As 303(r). Total Annual Burden: 1,760 hours. mobile wireless services were not appropriate, steps to assess and mitigate previously detailed. The public interest the collision risk should include, but are Total Annual Cost: No cost. Nature and Extent of Confidentiality: obligations adopted in the 5G Fund not limited to: Contacting the operator Most of the information collected under Report and Order for each competitive of any active spacecraft involved in this collection will be made publicly ETC receiving legacy high-cost support such a warning; sharing ephemeris data available. However, in recognition of the for mobile wireless services require that and other appropriate operational fact that a carrier may consider the such competitive ETC (1) use an information with any such operator; and infrastructure information required to be modifying space station attitude and/or increasing percentage of its legacy submitted as part of its initial report to operations. support toward the deployment, be sensitive, such infrastructure (6) For NGSO space stations the maintenance, and operation of voice information will be treated as disclosure must describe the extent of and broadband networks that support presumptively confidential by the satellite maneuverability. 5G meeting the adopted performance Commission and the Universal Service (7) The disclosure must address requirements within its subsidized Administrative Company (USAC) and trackability of the space station(s). For service area(s), and (2) meet specific 5G withheld from public inspection, NGSO space stations the disclosure broadband service deployment coverage although USAC will provide these data must also include: (a) How the operator requirements and service deployment to the Commission and the relevant plans to identify the space station(s) milestone deadlines that take into state, territory, and Tribal governmental following deployment and whether the consideration the amount of legacy entities that have jurisdiction over a space station tracking will be active or support the carrier receives. particular service area, as applicable. To passive; (b) whether, prior to the extent that a respondent seeks to In order to gain a complete deployment the space station(s) will be have other information collected in understanding of the current service registered with the 18th Space Control response to this information collection offerings of each competitive ETC Squadron or successor entity; and (c) withheld from public inspection, the receiving legacy high-cost support for the extent to which the space station respondent may request confidential mobile wireless services, the operator plans to share information treatment pursuant to 47 CFR 0.459 of Commission adopted rules that require regarding initial deployment, the Commission’s rules. each such competitive ETC to file an ephemeris, and/or planned maneuvers Privacy Act Impact Assessment: No with the 18th Space Control Squadron initial report containing information impact(s). and certifications about (1) its current or successor entity, other entities that Needs and Uses: A request for engage in space situational awareness or mobile service offerings in each of its approval of this new information subsidized service areas and how it is space traffic management functions, collection will be submitted to the using legacy support, (2) whether it is and/or other operators. Office of Management and Budget offering mobile services in its (8) For NGSO space stations, (OMB) after this 60-day comment period subsidized service areas at rates that are additional disclosures must be provided in order to obtain the full three-year regarding spacecraft disposal, including, clearance from OMB. reasonably comparable to those charged for some space stations, a demonstration On November 18, 2011, the in urban areas, and (3) whether it has that the probability of success of the Commission released the USF/ICC availed itself of the geographic chosen disposal method is 0.9 or greater transformation Order (FCC 11–161) in flexibility granted by the Commission for any individual space station, and for which it comprehensively reformed and concerning its use of support within any multi-satellite systems, a demonstration modernized the universal service and other designated service area(s) for including additional information intercarrier compensation systems to which it or an affiliated competitive regarding efforts to achieve a higher ensure that robust, affordable voice and ETC receives legacy support. See 47 probability of success. broadband service, both fixed and CFR 54.313(p), 54.322(g), (h). The These information collection mobile, are available to Americans information and certifications provided requirements are contained in 47 CFR throughout the nation. In the USF/ICC in these initial reports will be used by 5.64 and 47 CFR 97.207. Transformation Order, the Commission, the Commission to ensure that OMB Control Number: 3060–XXXX. among other things, adopted a competitive ETCs receiving legacy high- Title: Legacy High-Cost Support requirement that all eligible cost support for mobile wireless services Recipient Initial Report of Current telecommunications carriers (ETCs) deploy 5G service by in their subsidized Service Offerings. offer broadband service in their service areas consistent with the rules Form Number: N/A. supported area that meets certain basic adopted by the Commission in the 5G Type of Review: New information performance requirements and report Fund Report and Order. collection. regularly on associated performance Respondents: Business or other for- measures as a condition of receiving Federal Communications Commission. profit entities, not-for-profit institutions, federal high-cost universal service Marlene Dortch, and state, local or tribal governments. support. Secretary, Office of the Secretary. Number of Respondents and On October 27, 2020, the Commission [FR Doc. 2021–11827 Filed 6–4–21; 8:45 am] Responses: Up to 110 respondents and adopted the 5G Fund Report and Order BILLING CODE 6712–01–P 110 responses. (FCC 20–150) in which it, among other

VerDate Sep<11>2014 17:36 Jun 04, 2021 Jkt 253001 PO 00000 Frm 00068 Fmt 4703 Sfmt 4703 E:\FR\FM\07JNN1.SGM 07JNN1 khammond on DSKJM1Z7X2PROD with NOTICES 30318 Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Notices

FEDERAL COMMUNICATIONS Title: Call Sign Reservation and DEPARTMENT OF HEALTH AND COMMISSION Authorization System, FCC Form 380. HUMAN SERVICES Form Number: FCC Form 380. [OMB 3060–0188; FRS 30456] Type of Review: Extension of a Centers for Disease Control and currently approved collection. Prevention Information Collection Being Reviewed Respondents: Business or other for- [30Day–21–20PE] by the Federal Communications profit, Not-for-profit institutions; and Commission Under Delegated State, local, or tribal government. Agency Forms Undergoing Paperwork Authority Number of Respondents and Reduction Act Review Responses: 1,600 respondents; 1,600 AGENCY: Federal Communications In accordance with the Paperwork Commission. responses. Estimated Hours per Response: 0.166– Reduction Act of 1995, the Centers for ACTION: Notice and request for 0.25 hours. Disease Control and Prevention (CDC) comments. Frequency of Response: On occasion has submitted the information reporting requirements. collection request titled Operational SUMMARY: As part of its continuing effort Total Annual Burden: 333 hours. Readiness Review 2.0 to the Office of to reduce paperwork burdens, and as Total Annual Cost: $162,000. Management and Budget (OMB) for required by the Paperwork Reduction Obligation to Respond: Required to review and approval. CDC previously Act of 1995 (PRA), the Federal obtain or retain benefits. The statutory published a ‘‘Proposed Data Collection Communications Commission (FCC or authority for this collection is contained Submitted for Public Comment and Commission) invites the general public in Sections 154(i) and 303 of the Recommendations’’ notice on June 23, and other Federal agencies to take this Communications Act of 1934, as 2020 to obtain comments from the opportunity to comment on the amended. public and affected agencies. CDC did following information collection(s). Nature and Extend of Confidentiality: not receive comments related to the Comments are requested concerning: There is need for confidentiality with previous notice. This notice serves to Whether the proposed collection of this collection of information. allow an additional 30 days for public information is necessary for the proper Privacy Impact Assessment: No and affected agency comments. performance of the functions of the impact(s). CDC will accept all comments for this Commission, including whether the Needs and Uses: The information proposed information collection project. information shall have practical utility; collection requirements contained in 47 The Office of Management and Budget the accuracy of the Commission’s CFR 73.3550 provide that all requests is particularly interested in comments burden estimate; ways to enhance the for new or modified call signs be made that: quality, utility, and clarity of the via the on-line call sign reservation and (a) Evaluate whether the proposed information collected; ways to minimize authorization. The Commission uses an collection of information is necessary the burden of the collection of on-line system, FCC Form 380, for the for the proper performance of the information on the respondents, electronic preparation and submission functions of the agency, including including the use of automated of requests for the reservation and whether the information will have collection techniques or other forms of authorization of new and modified call practical utility; information technology; and ways to signs. Access to the call sign reservation (b) Evaluate the accuracy of the further reduce the information and authorization system is made by agencies estimate of the burden of the collection burden on small business broadcast licensees and permittees, or proposed collection of information, concerns with fewer than 25 employees. by persons acting on their behalf, via the including the validity of the The FCC may not conduct or sponsor a internet’s World Wide Web. This on- methodology and assumptions used; collection of information unless it line, electronic call sign system enables (c) Enhance the quality, utility, and displays a currently valid Office of users to determine the availability and clarity of the information to be Management and Budget (OMB) control licensing status of call signs; to request collected; number. No person shall be subject to an initial, or change an existing, call (d) Minimize the burden of the any penalty for failing to comply with sign; and to determine and submit more collection of information on those who a collection of information subject to the easily the appropriate fee, if any. are to respond, including, through the PRA that does not display a valid OMB Because all elements necessary to make use of appropriate automated, control number. a valid call sign reservation are electronic, mechanical, or other DATES: Written comments should be encompassed within the on-line system, technological collection techniques or submitted on or before August 6, 2021. this system prevents users from filing other forms of information technology, If you anticipate that you will be defective or incomplete call sign e.g., permitting electronic submission of submitting comments but find it requests. The electronic system also responses; and difficult to do so within the period of provides greater certitude, as a selected (e) Assess information collection time allowed by this notice, you should call sign is effectively reserved as soon costs. advise the contacts below as soon as as the user has submitted its call sign To request additional information on possible. request. This electronic call sign the proposed project or to obtain a copy of the information collection plan and ADDRESSES: Direct all PRA comments to reservation and authorization system has significantly improved service to all instruments, call (404) 639–7570. Cathy Williams, FCC, via email to PRA@ Comments and recommendations for the fcc.gov and to [email protected]. radio and television broadcast station licensees and permittees. proposed information collection should FOR FURTHER INFORMATION CONTACT: For be sent within 30 days of publication of additional information about the Federal Communications Commission. this notice to www.reginfo.gov/public/ information collection, contact Cathy Marlene Dortch, do/PRAMain. Find this particular Williams at (202) 418–2918. Secretary, Office of the Secretary. information collection by selecting SUPPLEMENTARY INFORMATION: [FR Doc. 2021–11828 Filed 6–4–21; 8:45 am] ‘‘Currently under 30-day Review—Open OMB Control Number: 3060–0188. BILLING CODE 6712–01–P for Public Comments’’ or by using the

VerDate Sep<11>2014 17:36 Jun 04, 2021 Jkt 253001 PO 00000 Frm 00069 Fmt 4703 Sfmt 4703 E:\FR\FM\07JNN1.SGM 07JNN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Notices 30319

search function. Direct written strengthen their ability to respond to Health, and 15—Volunteer comments and/or suggestions regarding and recover from public health Management. These capabilities serve as the items contained in this notice to the emergencies. national standards for public health Attention: CDC Desk Officer, Office of The Operational Readiness Review preparedness planning. Management and Budget, 725 17th (ORR) is a rigorous, evidence-based The ORR 2.0 will have three modules: Street NW, Washington, DC 20503 or by assessment used to evaluate PHEP Descriptive, planning, and operational, fax to (202) 395–5806. Provide written recipients’ planning and operational which will allow DSLR to analyze the comments within 30 days of notice functions. The previous version of the data for the development of descriptive publication. ORR evaluated a jurisdiction’s ability to statistics and to monitor the progress of execute a large emergency response each recipient towards performance Proposed Project requiring medical countermeasure goals. The four major metropolitan areas Operational Readiness Review 2.0— (MCM) distribution and dispensing. The have additional reporting requirements Existing Information Collection in Use purpose of the new ORR 2.0 is to that are incorporated into the Without an OMB Control Number— expand measurement and evaluation to operational module. The intended Center for Preparedness and Response all 15 Public Health Emergency outcome of the ORR 2.0 is to assist CDC (CPR), Centers for Disease Control and Preparedness and Response in identifying strengths and challenges Prevention (CDC). Capabilities, which serve as national facing preparedness programs across the standards for public health nation, and to identify opportunities for Background and Brief Description preparedness planning. The capabilities improvement and further technical To help evaluate the country’s public are: 1—Community Preparedness, 2— support. health emergency preparedness and Community Recovery, 3—Emergency Information will be collected from response capacity, the Centers for Operations Coordination, 4—Emergency respondents using the new Operational Disease Control and Prevention’s Public Information and Warning, 5— Readiness Review (ORR) 2.0 platform, Division of State and Local Readiness Fatality Management, 6—Information but a backup paper option is available (DSLR) administers the Public Health Sharing, 7—Mass Care, 8—Medical for jurisdictions that require it. Emergency Preparedness (PHEP) Countermeasure Dispensing and Information collected from respondents cooperative agreement. The PHEP Administration, 9—Medical Materiel is a requirement of the PHEP program is a critical source of funding Management and Distribution, 10— Cooperative Agreement for participants for 62 state, local, and territorial Medical Surge, 11—Nonpharmaceutical to receive funding. CDC requests a jurisdictions, including four major Intervention, 12—Public Health three-year approval for this information metropolitan areas (Chicago, Los Laboratory Testing, 13—Public Health collection. The total annualized burden Angeles County, New York City, and Surveillance and Epidemiological estimate is 3,055 hours. There is no cost Washington, DC) to build and Investigation, 14—Responder Safety and to respondents other than their time.

ESTIMATED ANNUALIZED BURDEN HOURS

Number of Avg. burden Type of respondent Form name Number of responses per per response respondents respondent (in hours)

All PHEP Awardees: State, local, territorial, and metro- Descriptive Module: Jurisdictional 62 1 3 politan area jurisdictions. structure sheet. Critical contact sheet (CCS) ...... 62 1 80/60 Jurisdictional data sheet (JDS) ...... 62 1 2.5 Partner planning sheet ...... 62 1 8 Workforce development and training 62 1 1.5 All PHEP Awardees: State, local, territorial, and metro- Planning Module: Capability 1 ...... 62 1 1 politan area jurisdictions. Capability 2 ...... 62 1 1 Capability 3 ...... 62 1 2 Capability 4 ...... 62 1 1.5 Capability 5 ...... 62 1 2.5 Capability 6 ...... 62 1 1 Capability 7 ...... 62 1 2 Capability 8 ...... 62 1 3 Capability 9 ...... 62 1 195/60 Capability 10 ...... 62 1 2 Capability 11 ...... 62 1 1.5 Capability 12 ...... 62 1 1.5 Capability 13 ...... 62 1 2.5 Capability 14 ...... 62 1 1.5 Capability 15 ...... 62 1 75/60 All PHEP Awardees: State, local, territorial, and metro- Operations Module: Ops 1 ...... 62 3 20/60 politan area jurisdictions. Ops 2 ...... 62 3 15/60 Tabletop exercise (TTX) ...... 62 1 1.5 Partner role (Par1) ...... 62 1 15/60 Access and functional needs exer- 62 1 0.5 cise accommodations or actions (Par2). Joint exercise with emergency man- 62 1 6/60 agement and health care coali- tions (Par3).

VerDate Sep<11>2014 17:36 Jun 04, 2021 Jkt 253001 PO 00000 Frm 00070 Fmt 4703 Sfmt 4703 E:\FR\FM\07JNN1.SGM 07JNN1 khammond on DSKJM1Z7X2PROD with NOTICES 30320 Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Notices

ESTIMATED ANNUALIZED BURDEN HOURS—Continued

Number of Avg. burden Type of respondent Form name Number of responses per per response respondents respondent (in hours)

Vaccination of critical workforce 62 1 12/60 (functional exercise, full-scale exercise, or incident). Vaccination of critical workforce 62 1 12/60 (point of dispensing/dispensing/ vaccination clinic setup). Vaccination of critical workforce (im- 62 1 12/60 munization information system). Five-year distribution FSE OR five- 62 1 0.5 year pandemic influenza full-scale exercise. PHEP Awardees: Major Metropolitan Area Jurisdic- Facility setup drill ...... 4 1 45/60 tions. Site activation drill ...... 4 1 1 Staff notification and assembly drill 4 1 1 Dispensing throughput drill ...... 4 1 12/60 Five-year dispensing full-scale exer- 4 1 6/60 cise or incident. Five-year dispensing full-scale exer- 4 1 6/60 cise for each point of dispensing site exercised.

Jeffrey M. Zirger, Evaluation and Research, Food and A person may petition the Agency to Lead, Information Collection Review Office, Drug Administration, 10903 New determine, or the Agency may Office of Scientific Integrity, Office of Science, Hampshire Ave., Bldg. 51, Rm. 6280, determine on its own initiative, whether Centers for Disease Control and Prevention. Silver Spring, MD 20993–0002, 301– a listed drug was withdrawn from sale [FR Doc. 2021–11872 Filed 6–4–21; 8:45 am] 796–3601, [email protected]. for reasons of safety or effectiveness. BILLING CODE 4163–18–P This determination may be made at any SUPPLEMENTARY INFORMATION: In 1984, time after the drug has been withdrawn Congress enacted the Drug Price from sale, but must be made prior to DEPARTMENT OF HEALTH AND Competition and Patent Term approving an ANDA that refers to the HUMAN SERVICES Restoration Act of 1984 (Pub. L. 98–417) listed drug (§ 314.161 (21 CFR 314.161)). (the 1984 amendments), which FDA may not approve an ANDA that Food and Drug Administration authorized the approval of duplicate does not refer to a listed drug. [Docket No. FDA–2020–P–2317] versions of drug products under an QUELICIN PRESERVATIVE FREE ANDA procedure. ANDA applicants (succinylcholine chloride) Injection, 20 Determination That QUELICIN must, with certain exceptions, show that mg/mL, 50 mg/mL, and 100 mg/mL, is PRESERVATIVE FREE the drug for which they are seeking the subject of NDA 008845, held by (Succinylcholine Chloride) Injection, 20 approval contains the same active Hospira, Inc., and initially approved on Milligrams/Milliliter, 50 Milligrams/ ingredient in the same strength and May 1, 1953. QUELICIN Milliliter, and 100 Milligrams/Milliliter, dosage form as the ‘‘listed drug,’’ which PRESERVATIVE FREE is indicated as an Was Not Withdrawn From Sale for is a version of the drug that was adjunct to general anesthesia, to Reasons of Safety or Effectiveness previously approved. ANDA applicants facilitate tracheal intubation, and to do not have to repeat the extensive provide skeletal muscle relaxation AGENCY: Food and Drug Administration, clinical testing otherwise necessary to during surgery or mechanical HHS. gain approval of a new drug application ventilation. ACTION: Notice. (NDA). Baxter Healthcare Corp. submitted a citizen petition dated December 21, SUMMARY: The Food and Drug The 1984 amendments include what 2020 (Docket No. FDA–2020–P–2317), Administration (FDA or Agency) has is now section 505(j)(7) of the Federal under 21 CFR 10.30, requesting that the determined that QUELICIN Food, Drug, and Cosmetic Act (21 U.S.C. Agency determine whether QUELICIN PRESERVATIVE FREE (succinylcholine 355(j)(7)), which requires FDA to PRESERVATIVE FREE (succinylcholine chloride) Injection, 20 milligrams (mg)/ publish a list of all approved drugs. chloride) Injection, 20 mg/mL, 50 mg/ milliliter (mL), 50 mg/mL, and 100 mg/ FDA publishes this list as part of the mL, and 100 mg/mL, was withdrawn mL, was not withdrawn from sale for ‘‘Approved Drug Products With from sale for reasons of safety or reasons of safety or effectiveness. This Therapeutic Equivalence Evaluations,’’ effectiveness. determination will allow FDA to which is known generally as the After considering the citizen petition approve abbreviated new drug ‘‘Orange Book.’’ Under FDA regulations, and reviewing Agency records and applications (ANDAs) for QUELICIN drugs are removed from the list if the based on the information we have at this PRESERVATIVE FREE (succinylcholine Agency withdraws or suspends time, FDA has determined under chloride) Injection, 20 mg/mL, 50 mg/ approval of the drug’s NDA or ANDA § 314.161 that QUELICIN mL, and 100 mg/mL, if all other legal for reasons of safety or effectiveness or PRESERVATIVE FREE (succinylcholine and regulatory requirements are met. if FDA determines that the listed drug chloride) Injection, 20 mg/mL, 50 mg/ FOR FURTHER INFORMATION CONTACT: was withdrawn from sale for reasons of mL, and 100 mg/mL, was not Nikki Mueller, Center for Drug safety or effectiveness (21 CFR 314.162). withdrawn for reasons of safety or

VerDate Sep<11>2014 17:36 Jun 04, 2021 Jkt 253001 PO 00000 Frm 00071 Fmt 4703 Sfmt 4703 E:\FR\FM\07JNN1.SGM 07JNN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Notices 30321

effectiveness. The petitioner has determined that ATROVENT FDA may not approve an ANDA that identified no data or other information (ipratropium bromide) metered spray, does not refer to a listed drug. suggesting that QUELICIN 0.021 micrograms (mcg)/spray and 0.042 ATROVENT (ipratropium bromide) PRESERVATIVE FREE (succinylcholine mcg/spray, were not withdrawn from metered spray, 0.021 mcg/spray, is the chloride) Injection, 20 mg/mL, 50 mg/ sale for reasons of safety or subject of NDA 020393 and ATROVENT mL, and 100 mg/mL, was withdrawn for effectiveness. This determination means (ipratropium bromide) metered spray, reasons of safety or effectiveness. We that FDA will not begin procedures to 0.042 mcg/spray, is the subject of NDA have carefully reviewed our files for withdraw approval of abbreviated new 020394, both held by Boehringer records concerning the withdrawal of drug applications (ANDAs) that refer to Ingelheim Pharmaceuticals, Inc., and QUELICIN PRESERVATIVE FREE these drug products, and it will allow initially approved on October 20, 1995. (succinylcholine chloride) Injection, 20 FDA to continue to approve ANDAs that ATROVENT is indicated for the mg/mL, 50 mg/mL, and 100 mg/mL, refer to the products as long as they symptomatic relief of rhinorrhea from sale. We have also independently meet relevant legal and regulatory associated with allergic and nonallergic evaluated relevant literature and data requirements. perennial rhinitis in adults and children for possible postmarketing adverse age 6 years and older. events. We have reviewed the available FOR FURTHER INFORMATION CONTACT: In letters dated December 22, 2017, evidence and determined that this drug Stacy Kane, Center for Drug Evaluation Boehringer Ingelheim Pharmaceuticals, product was not withdrawn from sale and Research, Food and Drug Inc., requested withdrawal of NDA for reasons of safety or effectiveness. Administration, 10903 New Hampshire 020393 and NDA 020394 for Accordingly, the Agency will Ave., Bldg. 51, Rm. 6236, Silver Spring, ATROVENT (ipratropium bromide). In continue to list QUELICIN MD 20993–0002, 301–796–8363, the Federal Register of July 12, 2018 (83 PRESERVATIVE FREE (succinylcholine [email protected]. FR 32305), FDA announced that it was chloride) Injection, 20 mg/mL, 50 mg/ SUPPLEMENTARY INFORMATION: In 1984, withdrawing approval of NDA 020393 mL, and 100 mg/mL, in the Congress enacted the Drug Price and NDA 020394, effective August 13, ‘‘Discontinued Drug Product List’’ Competition and Patent Term 2018. section of the Orange Book. The Restoration Act of 1984 (Pub. L. 98–417) Lachman Consulting Services, Inc., ‘‘Discontinued Drug Product List’’ (the 1984 amendments), which submitted a citizen petition dated delineates, among other items, drug authorized the approval of duplicate November 5, 2020 (Docket No. FDA– products that have been discontinued versions of drug products under an 2020–P–2174), under 21 CFR 10.30, from marketing for reasons other than ANDA procedure. ANDA applicants requesting that the Agency determine safety or effectiveness. ANDAs that refer must, with certain exceptions, show that whether ATROVENT (ipratropium to QUELICIN PRESERVATIVE FREE the drug for which they are seeking bromide) metered spray, 0.021 mcg/ (succinylcholine chloride) Injection, 20 approval contains the same active spray and 0.042 mcg/spray, were mg/mL, 50 mg/mL, and 100 mg/mL, ingredient in the same strength and withdrawn from sale for reasons of safety or effectiveness. may be approved by the Agency as long dosage form as the ‘‘listed drug,’’ which After considering the citizen petition as they meet all other legal and is a version of the drug that was and reviewing Agency records and regulatory requirements for the approval previously approved. ANDA applicants of ANDAs. If FDA determines that based on the information we have at this do not have to repeat the extensive time, FDA has determined under labeling for this drug product should be clinical testing otherwise necessary to revised to meet current standards, the § 314.161 that ATROVENT (ipratropium gain approval of a new drug application bromide) metered spray, 0.021 mcg/ Agency will advise ANDA applicants to (NDA). submit such labeling. spray and 0.042 mcg/spray, were not The 1984 amendments include what withdrawn for reasons of safety or Dated: May 27, 2021. is now section 505(j)(7) of the Federal effectiveness. The petitioner has Lauren K. Roth, Food, Drug, and Cosmetic Act (21 U.S.C. identified no data or other information Acting Principal Associate Commissioner for 355(j)(7)), which requires FDA to suggesting that ATROVENT Policy. publish a list of all approved drugs. (ipratropium bromide) metered spray, [FR Doc. 2021–11802 Filed 6–4–21; 8:45 am] FDA publishes this list as part of the 0.021 mcg/spray and 0.042 mcg/spray, BILLING CODE 4164–01–P ‘‘Approved Drug Products With were withdrawn for reasons of safety or Therapeutic Equivalence Evaluations,’’ effectiveness. We have carefully which is known generally as the reviewed our files for records DEPARTMENT OF HEALTH AND ‘‘Orange Book.’’ Under FDA regulations, concerning the withdrawal of HUMAN SERVICES drugs are removed from the list if the ATROVENT (ipratropium bromide) Agency withdraws or suspends Food and Drug Administration metered spray, 0.021 mcg/spray and approval of the drug’s NDA or ANDA 0.042 mcg/spray, from sale. We have [Docket No. FDA–2020–P–2174] for reasons of safety or effectiveness or also independently evaluated relevant if FDA determines that the listed drug literature and data for possible Determination That ATROVENT was withdrawn from sale for reasons of postmarketing adverse events. We have (Ipratropium Bromide) Metered Spray, safety or effectiveness (21 CFR 314.162). found no information that would 0.021 Micrograms/Spray and 0.042 A person may petition the Agency to indicate that these drug products were Micrograms/Spray, Were Not determine, or the Agency may withdrawn from sale for reasons of Withdrawn From Sale for Reasons of determine on its own initiative, whether safety or effectiveness. Safety or Effectiveness a listed drug was withdrawn from sale Accordingly, the Agency will AGENCY: Food and Drug Administration, for reasons of safety or effectiveness. continue to list ATROVENT HHS. This determination may be made at any (ipratropium bromide) metered spray, ACTION: Notice. time after the drug has been withdrawn 0.021 mcg/spray and 0.042 mcg/spray, from sale, but must be made prior to in the ‘‘Discontinued Drug Product List’’ SUMMARY: The Food and Drug approving an ANDA that refers to the section of the Orange Book. The Administration (FDA or Agency) has listed drug (§ 314.161 (21 CFR 314.161)). ‘‘Discontinued Drug Product List’’

VerDate Sep<11>2014 17:36 Jun 04, 2021 Jkt 253001 PO 00000 Frm 00072 Fmt 4703 Sfmt 4703 E:\FR\FM\07JNN1.SGM 07JNN1 khammond on DSKJM1Z7X2PROD with NOTICES 30322 Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Notices

delineates, among other items, drug Dated: June 2, 2021. DEPARTMENT OF HEALTH AND products that have been discontinued Miguelina Perez, HUMAN SERVICES from marketing for reasons other than Program Analyst, Office of Federal Advisory safety or effectiveness. Committee Policy. National Institutes of Health [FR Doc. 2021–11880 Filed 6–4–21; 8:45 am] FDA will not begin procedures to National Cancer Institute; Notice of withdraw approval of approved ANDAs BILLING CODE 4140–01–P Closed Meetings that refer to these drug products. Additional ANDAs for this drug product Pursuant to section 10(d) of the DEPARTMENT OF HEALTH AND may also be approved by the Agency as Federal Advisory Committee Act, as HUMAN SERVICES long as they meet all other legal and amended, notice is hereby given of the regulatory requirements for the approval following meetings. of ANDAs. If FDA determines that National Institutes of Health The meetings will be closed to the labeling for these drug products should National Institute of Diabetes and be revised to meet current standards, the public in accordance with the Digestive and Kidney Diseases; Notice provisions set forth in sections Agency will advise ANDA applicants to of Closed Meeting submit such labeling. 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and Dated: May 27, 2021. Pursuant to section 10(d) of the the discussions could disclose Lauren K. Roth, Federal Advisory Committee Act, as confidential trade secrets or commercial Acting Principal Associate Commissioner for amended, notice is hereby given of the property such as patentable material, Policy. following meeting. and personal information concerning [FR Doc. 2021–11800 Filed 6–4–21; 8:45 am] The meeting will be closed to the individuals associated with the grant BILLING CODE 4164–01–P public in accordance with the applications, the disclosure of which provisions set forth in sections would constitute a clearly unwarranted 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., invasion of personal privacy. DEPARTMENT OF HEALTH AND as amended. The grant applications and HUMAN SERVICES Name of Committee: National Cancer the discussions could disclose Institute Special Emphasis Panel; PLCO confidential trade secrets or commercial National Institutes of Health Biospecimens Resource U01 SEP. property such as patentable material, Date: July 1, 2021. National Institute on Aging; Notice of and personal information concerning Time: 10:00 a.m. to 2:00 p.m. Agenda: To review and evaluate grant Closed Meeting individuals associated with the grant applications, the disclosure of which applications. would constitute a clearly unwarranted Place: National Cancer Institute at Shady Pursuant to section 10(d) of the Grove, 9609 Medical Center Drive, Room Federal Advisory Committee Act, as invasion of personal privacy. 7W102, Rockville, Maryland 20850 amended, notice is hereby given of the Name of Committee: National Institute of (Telephone Conference Call). following meeting. Diabetes and Digestive and Kidney Diseases Contact Person: Shakeel Ahmad, Ph.D., The meeting will be closed to the Special Emphasis Panel; NIDDK F99/K99 Branch Chief, Research Technology and Special Emphasis Panel. Contract Review Branch, Division of public in accordance with the Date: June 23, 2021. Extramural Activities, National Cancer provisions set forth in sections Time: 12:00 p.m. to 2:00 p.m. Institute, NIH, 9609 Medical Center Drive, 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Agenda: To review and evaluate grant Room 7W102, Rockville, Maryland 20850, as amended. The grant applications and applications. 240–276–6442, [email protected]. the discussions could disclose Place: National Institutes of Health, Two Name of Committee: National Cancer confidential trade secrets or commercial Democracy Plaza, 6707 Democracy Institute Special Emphasis Panel; property such as patentable material, Boulevard, Bethesda, MD 20892 (Virtual Collaborative Research at the NIH Clinical and personal information concerning Meeting). Center (U01). individuals associated with the grant Contact Person: Peter J. Kozel, Ph.D., Date: July 1, 2021. applications, the disclosure of which Scientific Review Officer, Review Branch, Time: 11:00 a.m. to 3:00 p.m. DEA, NIDDK, National Institutes of Health, Agenda: To review and evaluate grant would constitute a clearly unwarranted applications. invasion of personal privacy. 6707 Democracy Boulevard, Room 7119, Bethesda, MD 20892–5452, 301–594–7271, Place: National Cancer Institute at Shady Name of Committee: National Institute on [email protected]. Grove, 9609 Medical Center Drive, Room Aging Special Emphasis Panel; Multi- This notice is being published less than 15 7W240, Rockville, Maryland 20850 Component Application. days prior to the meeting due to the timing (Telephone Conference Call). Contact Person: Hasan Siddiqui, Ph.D., Date: July 21, 2021. limitations imposed by the review and Scientific Review Officer, Special Review Time: 12:45 p.m. to 5:15 p.m. funding cycle. Agenda: To review and evaluate grant Branch, Division of Extramural Activities, applications. (Catalogue of Federal Domestic Assistance National Cancer Institute, NIH, 9609, Medical Place: National Institute on Aging, Program Nos. 93.847, Diabetes, Center Drive, Room 7W240, Rockville, Gateway Building, 7201 Wisconsin Avenue, Endocrinology and Metabolic Research; Maryland 20850, 240–276–5122, Bethesda, MD 20892 (Video Meeting). 93.848, Digestive Diseases and Nutrition [email protected]. Research; 93.849, Kidney Diseases, Urology Contact Person: Dario Dieguez, Jr., Ph.D., (Catalogue of Federal Domestic Assistance Scientific Review Officer, Scientific Review and Hematology Research, National Institutes Program Nos. 93.392, Cancer Construction; Branch, National Institute on Aging, National of Health, HHS) 93.393, Cancer Cause and Prevention Institutes of Health, Gateway Building, Suite Dated: June 2, 2021. Research; 93.394, Cancer Detection and 2W200, 7201 Wisconsin Avenue, Bethesda, Miguelina Perez, Diagnosis Research; 93.395, Cancer MD 20892, 301.827.3101, dario.dieguez@ Treatment Research; 93.396, Cancer Biology Program Analyst, Office of Federal Advisory nih.gov. Research; 93.397, Cancer Centers Support; Committee Policy. (Catalogue of Federal Domestic Assistance 93.398, Cancer Research Manpower; 93.399, Program Nos. 93.866, Aging Research, [FR Doc. 2021–11881 Filed 6–4–21; 8:45 am] Cancer Control, National Institutes of Health, National Institutes of Health, HHS) BILLING CODE 4140–01–P HHS)

VerDate Sep<11>2014 17:36 Jun 04, 2021 Jkt 253001 PO 00000 Frm 00073 Fmt 4703 Sfmt 4703 E:\FR\FM\07JNN1.SGM 07JNN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Notices 30323

Dated: June 2, 2021. existing BNSF Railway Bridge across the the in-place structure. The new Melanie J. Pantoja, Missouri River between the cities of structure will provide a significant Program Analyst, Office of Federal Advisory Bismarck and Mandan, ND, or improvement in operational reliability Committee Policy. constructing a bridge adjacent to the and safety, and will provide enhanced [FR Doc. 2021–11843 Filed 6–4–21; 8:45 am] existing bridge. The applicant proposes structural redundancy thereby making it BILLING CODE 4140–01–P to remove the existing structure, which less susceptible to damage. As the is eligible for listing on the National current structure is over 130 years old, Register of Historic Places. The Coast it requires substantial inspection and DEPARTMENT OF HEALTH AND Guard is analyzing proposed maintenance, which are disruptive to HUMAN SERVICES alternatives, through the NEPA and rail service. The new structure will be NHPA processes, to construct the new a single-track bridge but have the National Institutes of Health bridge while retaining the existing capability to carry a second track in the bridge. The Coast Guard is making the future when and if volumes necessitate Center for Scientific Review; Amended draft EIS available for public review and that addition. Notice of Meeting requests public comments. The BNSF Bismarck Bridge was Notice is hereby given of a change in Additionally, the Coast Guard intends to constructed with similar methods in the the meeting of the Center for Scientific host a virtual public meeting to provide same era as the Brooklyn Bridge. It is an Review Special Emphasis Panel, June additional information to the public and iconic landmark that predates official 22, 2021, 10:00 a.m. to June 22, 2021, to solicit comments on potential issues North Dakota statehood by 6 years. The 08:00 p.m., National Institutes of Health, and concerns. bridge is eligible for listing in the Rockledge II, 6701 Rockledge Drive, DATES: Substantive and relevant National Register of Historic Places for Bethesda, MD 20892 which was comments must be submitted to the its association with broad patterns of published in the Federal Register on online docket via https:// railroad, commercial and military history of the United States. Because of May 18, 2021, 86 FR 26931. www.regulations.gov/ on or before July Lawrence Kagemann, Ph.D., 22, 2021. these attributes, certain interest groups [email protected], (301) 480– ADDRESSES: You may submit substantive have expressed a desire to preserve the 6849, will be the new Contact person, and relevant comments identified by existing bridge. The federal bridge statutes, including replacing Inna Gorshkova as Scientific docket number USCG–2019–0882 using the General Bridge Act of 1946 (33 Review Officer. The meeting date and the Federal eRulemaking Portal at U.S.C. 525 et seq.), require that the location remain the same. The meeting https://www.regulations.gov/. See the location and plans of bridges in or over is closed to the public. ‘‘Public Participation and Request for Comments’’ portion of the navigable waters of the United States be approved by the Secretary of Homeland David W. Freeman, SUPPLEMENTARY INFORMATION section for Program Analyst, Office of Federal Advisory further instructions on submitting Security, who has delegated that Committee Policy. comments. responsibility to the Coast Guard. The [FR Doc. 2021–11879 Filed 6–4–21; 8:45 am] Missouri River is a navigable water of FOR FURTHER INFORMATION CONTACT: Rob BILLING CODE 4140–01–P the United States as defined in 33 CFR McCaskey, Coast Guard District Eight 2.36(a). The Coast Guard’s primary Project Officer, 314–269–2381. responsibility regarding BNSF’s SUPPLEMENTARY INFORMATION: DEPARTMENT OF HOMELAND proposed railroad bridge is to ensure the SECURITY I. Background and Purpose structure does not unreasonably obstruct navigation. In exercising these Coast Guard BNSF Railway Company owns and bridge authorities, the Coast Guard operates the existing bridge that crosses considers navigational and [Docket Number USCG–2019–0882] the Missouri River between the cities of environmental impacts, which include Mandan, and Bismarck, North Dakota. historic and tribal effects. BNSF Railway Bridge Across the With bridge components over 130 years Missouri River Between Bismarck and The Coast Guard is the lead federal old, the in-place structure is agency for this project and, as such, is Mandan, North Dakota; Draft approaching the end of its useful service Environmental Impact Statement responsible for the review of its life. The structure has a history of potential effects on the human AGENCY: Coast Guard, DHS. exposure to ice jams and its environment, including historic ACTION: Notice of availability of draft substructure configuration renders it properties and tribal impacts, pursuant Environmental Impact Statement, potentially susceptible to scour events to NEPA and NHPA. The Coast Guard request for comments, and which remove sediment from around is, therefore, required by law to ensure announcement of virtual public the bridge abutments and piers. potential environmental effects are meeting. Although currently stable, the structure carefully evaluated in each bridge has experienced structural issues at both permitting decision. SUMMARY: The United States Coast approaches in the past, resulting in The four alternatives considered for Guard, as the lead federal agency, unanticipated substructure movements. the proposed project include different announces the availability of a draft Since the bridge’s original construction span lengths and different distances Environmental Impact Statement (EIS), in 1882, the east hill slope has begun to from the current bridge. Specifically, the in accordance with the National move which resulted in the slope alternatives include: Environmental Policy Act of 1969 moving the pier west towards the river. • Building a new bridge with 200-foot (NEPA), Council on Environmental Multiple remediation efforts to correct spans and piers 92.5 feet upstream of Quality (CEQ) NEPA implementing the pier damage and slope movement the existing bridge (alternative regulations, and the National Historic took place from the early 1900s to the considered keeping the existing bridge Preservation Act (NHPA), evaluating the mid-1950s. The purpose of the project is and removing the existing bridge). potential environmental consequences to construct a new, independent bridge • Building a new bridge with 400-foot of permitting the replacement of the across the Missouri River upstream of spans and piers 92.5 feet upstream of

VerDate Sep<11>2014 17:36 Jun 04, 2021 Jkt 253001 PO 00000 Frm 00074 Fmt 4703 Sfmt 4703 E:\FR\FM\07JNN1.SGM 07JNN1 khammond on DSKJM1Z7X2PROD with NOTICES 30324 Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Notices

the existing bridge (alternative %20Documents/5pw/Office%20of DHS’s eRulemaking System of Records considered keeping the existing bridge %20Bridge%20Programs/BPAG notice (85 FR 14226, March 11, 2020). and removing the existing bridge). %20COMDTPUB%20P16591%203D_ • Building a new bridge with 200-foot Sequential%20Clearance IV. Virtual Public Meeting spans and piers 42.5 feet upstream of %20Final(July2016).pdf), as well as Due to the ongoing COVID–19 those impacts associated with the existing bridge (alternative pandemic, the Coast Guard intends to considered keeping the existing bridge floodplain rise, impacts to the Bismarck hold a virtual public meeting to receive and removing the existing bridge). Water Reservoir and the Missouri River oral and written comments on this draft • Building a new bridge with 200-foot Natural Area. spans and piers 20 feet upstream of the On January 15, 2021, a Programmatic EIS. The meeting will be held on June existing bridge and removing the Agreement in accordance with Section 30, 2021 from 6:00–9:00 p.m. (Central), existing bridge (BNSF Preferred Design). 106 of the NHPA was signed to address and can be accessed online at https:// The alternatives were developed to the adverse effect on the historic bridge. ch2m-pge.my.webex.com/ch2m-pge.my/ meet the purpose and need of the To date, the Coast Guard has held 16 j.php?MTID=m45e9e9fb750989 project, which is to provide BNSF consultation meetings with stakeholders eb89f8bf260630b06c. Attendees may Railway with a new bridge that can to develop the Final Programmatic also join by phone. The call-in number accommodate two tracks at a future date Agreement. The Coast Guard is is 1–510–338–9438 (USA toll) and the should a second track become needed. currently working with consulting access code is 182 625 0321. The There are specific constraints in the area parties to develop a Memorandum of meeting is expected to last that must be taken into consideration as Agreement, which will act as an approximately 3 hours. designs are evaluated. For example, the implementation plan for the The virtual meeting is open to the bridge is close to the Missouri River Programmatic Agreement. The public. Those who plan to attend the Natural Area, which is a federally Programmatic Agreement is available in meeting and wish to present substantive funded park managed by the North the appendix of the draft EIS. and relevant comments may request to Dakota Parks and Recreation We request your substantive and do so through the online docket at Department in cooperation with the relevant comments on environmental http://www.regulations.gov, and will be North Dakota Department of concerns that you may have related to Transportation, Morton County Parks, the draft EIS. Your comments will be called in order of requests received. and the City of Mandan. The Missouri considered in preparing a final Attendees who have not previously River Natural Area is the home to many environmental document. made a request to present comments species, including bald eagles, fox, deer will follow those who have already III. Public Participation and Comments and owls. Likewise, the bridge is in submitted a request, as time permits. If close proximity to the Bismarck We encourage you to submit a large number of persons wish to speak, Reservoir, which is a major source of substantive and relevant comments (or the presiding officer may be required to drinking water for residents of the area related material) on the draft limit the time allotted to each speaker. and is located in an area with a history Environmental Impact Statement. We It is requested that one member from a of significant slope stability issues. will consider all substantive and group speak on behalf of that group in As part of this evaluation process, the relevant submissions and may adjust order to allow more views to be Coast Guard solicits substantive and our final action based on your presented. The public meeting may end relevant comments from the public, and comments. If you submit a comment, early if all present wishing to speak any Federal, State, and local agencies please include the docket number for have done so. with expertise in, and authority over, this notice, indicate the specific section A transcript of the meeting will be particular resources that may be of this document to which each made available for public review impacted by a project. Additionally, the comment applies, and provide a reason approximately 30 days after the Coast Guard seeks input from any tribes for each suggestion or recommendation. that may be affected or otherwise have We encourage you to submit meeting. All substantive and relevant expertise or equities in the project. comments through the Federal comments will be incorporated into the Agencies that have already participated eRulemaking Portal at http:// official case record. in the environmental review of this www.regulations.gov/. If your material Information on Service for Individuals Project include the U.S. Army Corps of cannot be submitted using http:// With Disabilities: For information on Engineers (USACE), the U.S. Fish and www.regulations.gov/, contact the services for individuals with disabilities Wildlife Service (USFWS), the U.S. person in the FOR FURTHER INFORMATION or to request special assistance during Federal Emergency Management Agency CONTACT section of this document for the public meeting contact Mr. Rob (FEMA), the North Dakota State Historic alternate instructions. The draft EIS and McCaskey at the telephone number Preservation Office (SHPO) and the public comments will be available in under the FOR FURTHER INFORMATION Advisory Council on Historic our online docket at http:// CONTACT section of this notice. Preservation (ACHP). www.regulations.gov/ and can be viewed by following that website’s This notice is issued under the II. Discussion instructions. authority of 5 U.S.C. 552 (a) and 40 CFR The Coast Guard developed a draft We accept anonymous comments. All 1506.6. EIS that addresses impacts associated substantive and relevant comments Dated: June 1, 2021. with the alternatives mentioned in received will be posted without change Brian L. Dunn, Section I above. These impacts include to http://www.regulations.gov/ and will those environmental control laws listed include any personal information you Chief, U.S. Coast Guard, Office of Bridge in the Coast Guard’s Bridge Permit have provided. For more information Programs. Application Guide (available at https:// about privacy and submissions to the [FR Doc. 2021–11801 Filed 6–4–21; 8:45 am] www.dco.uscg.mil/Portals/9/DCO docket in response to this document, see BILLING CODE P

VerDate Sep<11>2014 17:36 Jun 04, 2021 Jkt 253001 PO 00000 Frm 00075 Fmt 4703 Sfmt 4703 E:\FR\FM\07JNN1.SGM 07JNN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Notices 30325

DEPARTMENT OF HOMELAND accordance with 5 CFR 1320.8. Written merchandise an allowance in duties SECURITY comments and suggestions from the may be made if an application, on public and affected agencies should Customs Form 4315, or its electronic U.S. Customs and Border Protection address one or more of the following equivalent, is filed within 96 hours after [1651–0007] four points: (1) Whether the proposed the unlading of the merchandise and collection of information is necessary before any of the shipment involved has Application for Allowance in Duties for the proper performance of the been removed from the pier, and only functions of the agency, including on such of the merchandise as is found AGENCY: U.S. Customs and Border whether the information will have by the port director to be entirely Protection (CBP), Department of practical utility; (2) the accuracy of the without commercial value by reason of Homeland Security. agency’s estimate of the burden of the damage or deterioration. If an ACTION: 60-Day notice and request for proposed collection of information, application is withdrawn, the comments; extension of an existing including the validity of the merchandise involved shall thereafter collection of information. methodology and assumptions used; (3) be released upon presentation of an suggestions to enhance the quality, SUMMARY: The Department of Homeland appropriate permit. utility, and clarity of the information to Security, U.S. Customs and Border be collected; and (4) suggestions to 19 CFR 158.13—Allowance for Protection will be submitting the minimize the burden of the collection of moisture and impurities. An application following information collection request information on those who are to for an allowance in duties is made by to the Office of Management and Budget respond, including through the use of the importer on Customs Form 4315, or (OMB) for review and approval in appropriate automated, electronic, its electronic equivalent, for all accordance with the Paperwork mechanical, or other technological detectable moisture and impurities Reduction Act of 1995 (PRA). The collection techniques or other forms of present in or upon imported petroleum information collection is published in information technology, e.g., permitting or petroleum products. For products, the Federal Register to obtain comments electronic submission of responses. The other than petroleum or petroleum from the public and affected agencies. comments that are submitted will be products, with excessive moisture or DATES: Comments are encouraged and summarized and included in the request other impurities not usually found in or must be submitted (no later than August for approval. All comments will become upon such or similar merchandise an 6, 2021) to be assured of consideration. a matter of public record. application for an allowance in duties ADDRESSES: Written comments and/or shall be made by the importer on suggestions regarding the item(s) Overview of This Information Customs Form 4315, or its electronic contained in this notice must include Collection equivalent. If the port director is the OMB Control Number 1651–0007 in Title: Application for Allowance in satisfied after any necessary the subject line and the agency name. Duties. investigation that the merchandise Please use the following method to OMB Number: 1651–0007. contains moisture or impurities, the submit comments: Form Number: CBP Form 4315. Center director will make allowance for Email. Submit comments to: CBP_ Current Actions: Extension. the amount thereof in the liquidation of [email protected]. Type of Review: Extension (without the entry. Due to COVID–19-related restrictions, change). 19 CFR 158.23—Filing of application CBP has temporarily suspended its Affected Public: Businesses. and evidence by importer. Within 30 ability to receive public comments by Abstract: CBP Form 4315, days from the date of his discovery of mail. ‘‘Application for Allowance in Duties,’’ is submitted to CBP in instances of the loss, theft, injury, or destruction, the FOR FURTHER INFORMATION CONTACT: claims of damaged or defective importer shall file an application on Requests for additional PRA information imported merchandise on which an Customs Form 4315, or its electronic should be directed to Seth Renkema, allowance in duty is made in the equivalent and within 90 days from the Chief, Economic Impact Analysis liquidation of the entry. The date of discovery shall file any evidence Branch, U.S. Customs and Border information on this form is used to required by § 158.26 or § 158.27. Protection, Office of Trade, Regulations substantiate an importer’s claim for Type of Information Collection: CBP and Rulings, 90 K Street NE, 10th Floor, such duty allowances. CBP Form 4315 Form 4315. Washington, DC 20229–1177, is authorized by 19 U.S.C. 1506 and Telephone number 202–325–0056 or via provided for by 19 CFR 158.11, 158.13, Estimated Number of Respondents: _ email CBP [email protected]. Please and 158.23. This form is accessible at: 12,000. note that the contact information https://www.cbp.gov/sites/default/files/ Estimated Number of Annual provided here is solely for questions assets/documents/2020-Mar/CBP%20 Responses per Respondent: 1. regarding this notice. Individuals Form%204315.pdf. Estimated Number of Total Annual seeking information about other CBP This collection of information applies Responses: 12,000. programs should contact the CBP to the importing and trade community National Customer Service Center at who are familiar with import Estimated Time per Response: 0.1333 877–227–5511, (TTY) 1–800–877–8339, procedures and with the CBP hours. or CBP website at regulations. Estimated Total Annual Burden https://www.cbp.gov/. 19 CFR 158.11—Merchandise Hours: 1,600. SUPPLEMENTARY INFORMATION: CBP completely worthless at time of Dated: June 1, 2021. invites the general public and other importation. The allowance in duties Federal agencies to comment on the may be made to nonperishable Seth D. Renkema, proposed and/or continuing information merchandise if found without Branch Chief, Economic Impact Analysis collections pursuant to the Paperwork commercial value at the time the Branch, U.S. Customs and Border Protection. Reduction Act of 1995 (44 U.S.C. 3501 importation by reason of damage or [FR Doc. 2021–11799 Filed 6–4–21; 8:45 am] et seq.). This process is conducted in deterioration. For perishable BILLING CODE P

VerDate Sep<11>2014 17:36 Jun 04, 2021 Jkt 253001 PO 00000 Frm 00076 Fmt 4703 Sfmt 4703 E:\FR\FM\07JNN1.SGM 07JNN1 khammond on DSKJM1Z7X2PROD with NOTICES 30326 Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Notices

DEPARTMENT OF HOMELAND to the Office of Management and Budget who are to respond, including through SECURITY for review and clearance. the use of appropriate automated, electronic, mechanical, or other Collection of Information Federal Emergency Management technological collection techniques or Agency Title: National Fire Academy Long- other forms of information technology, Term Evaluation Form for Supervisors [Docket ID: FEMA–2021–0010; OMB No. e.g., permitting electronic submission of 1660–0039] and National Fire Academy Long-Term responses. Evaluation Form for Students/Trainees. Millicent L. Brown, Agency Information Collection Type of Information Collection: Activities: Submission for OMB Extension, without change, of a Senior Manager, Records Management currently approved information Branch, Office of the Chief Administrative Review; Comment Request; National Officer, Mission Support, Federal Emergency Fire Academy Long-Term Evaluation collection. OMB Number: 1660–0039. Management Agency, Department of Form for Supervisors and National Fire Homeland Security. Form Titles and Numbers: FEMA Academy Long-Term Evaluation Form [FR Doc. 2021–11838 Filed 6–4–21; 8:45 am] for Students/Trainees Form 078–0–2, National Fire Academy Long-Term Evaluation Form for BILLING CODE 9111–45–P AGENCY: Federal Emergency Supervisors; FEMA Form 078–0–2A, Management Agency, Department of National Fire Academy Long-Term DEPARTMENT OF HOMELAND Homeland Security. Evaluation Form for Students/Trainees. SECURITY ACTION: 30-Day notice of renewal and Abstract: The National Fire Academy request for comments. Long-Term Evaluation Forms will be Federal Emergency Management used to evaluate all National Fire Agency SUMMARY: The Federal Emergency Academy (NFA) on-campus resident Management Agency (FEMA) will training courses. Course graduates and [Docket ID FEMA–2021–0011] submit the information collection their supervisors will be asked to RIN 1660–AB08 abstracted below to the Office of evaluate the impact of the training on Management and Budget for review and both individual job performance and the Request for Information on FEMA clearance in accordance with the performance of the fire and emergency Programs, Regulations, and Policies; requirements of the Paperwork response department where the student Public Meetings; Extension of Reduction Act of 1995. The submission works. The data provided by students Comment Period will describe the nature of the and supervisors is used to update information collection, the categories of existing NFA course materials and to AGENCY: Federal Emergency respondents, the estimated burden (i.e., develop new courses that reflect the Management Agency, Department of the time, effort and resources used by emerging issues and needs of the Homeland Security. respondents to respond) and cost, and Nation’s fire service. ACTION: Announcement of public the actual data collection instruments Affected Public: State, local or Tribal meetings; extension of comment period. FEMA will use. governments. SUMMARY: The Federal Emergency DATES: Estimated Number of Respondents: Comments must be submitted on Management Agency (FEMA) is or before July 7, 2021. 3,000. Estimated Number of Responses: extending the public comment period ADDRESSES: Written comments and for its request for information published recommendations for the proposed 3,000. Estimated Total Annual Burden April 22, 2021, and will hold two public information collection should be sent meetings remotely via web conference within 30 days of publication of this Hours: 405. Estimated Total Annual Respondent to solicit feedback on the request for notice to www.reginfo.gov/public/do/ information. The request for information PRAMain. Find this particular Cost: $20,741. Estimated Respondents’ Operation seeks input from the public on specific information collection by selecting FEMA programs, regulations, ‘‘Currently under 30-day Review—Open and Maintenance Costs: $0. Estimated Respondents’ Capital and collections of information, and policies for Public Comments’’ or by using the Start-Up Costs: $0. for the agency to consider modifying, search function. Estimated Total Annual Cost to the streamlining, expanding, or repealing in FOR FURTHER INFORMATION CONTACT: Federal Government: $46,643. light of recent Executive orders. Requests for additional information or DATES: The comment period for the copies of the information collection Comments request for information published at 86 should be made to Director, Information Comments may be submitted as FR 21325 (Apr. 22, 2021) is extended. Management Division, 500 C Street SW, indicated in the ADDRESSES caption Written comments may be submitted Washington, DC 20472, email address above. Comments are solicited to (a) until 11:59 p.m. Eastern Time (ET) on FEMA-Information-Collections- evaluate whether the proposed data Wednesday, July 21, 2021. [email protected] or Dawn collection is necessary for the proper FEMA will hold meetings on Long, Statistician, FEMA, National Fire performance of the agency, including Tuesday, June 15, 2021, from 2 p.m. to Academy at (301) 447–1488. whether the information shall have 3:30 p.m. ET, and Wednesday, June 16, SUPPLEMENTARY INFORMATION: This practical utility; (b) evaluate the 2021, from 3:30 p.m. to 5 p.m. ET. The proposed information collection accuracy of the agency’s estimate of the public meeting on June 15 will be for a previously published in the Federal burden of the proposed collection of general audience, and the meeting on Register on March 15, 2021, at 86 FR information, including the validity of June 16 will be focused on issues 14335 with a 60-day public comment the methodology and assumptions used; specific to Indian Tribal governments. period. No comments were received. (c) enhance the quality, utility, and Depending on the number of speakers, The purpose of this notice is to notify clarity of the information to be the meetings may end before the time the public that FEMA will submit the collected; and (d) minimize the burden indicated, following the last call for information collection abstracted below of the collection of information on those comments.

VerDate Sep<11>2014 17:36 Jun 04, 2021 Jkt 253001 PO 00000 Frm 00077 Fmt 4703 Sfmt 4703 E:\FR\FM\07JNN1.SGM 07JNN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Notices 30327

ADDRESSES: The public meetings will be and up-to-date requirements that 4. (2 min.) Closing Remarks held via web conference. Members of effectively achieve FEMA’s mission in a Deanne Criswell, the public may register to attend the manner that furthers the goals of meetings online at the following links: advancing equity for all, including those Administrator, Federal Emergency Management Agency. For the June 15 meeting: https:// in underserved communities; bolstering attendee.gotowebinar.com/register/ resilience from the impacts of climate [FR Doc. 2021–11932 Filed 6–4–21; 8:45 am] 8344630664422138128. change, particularly for those BILLING CODE 9111–19–P For the June 16 Tribal meeting: disproportionately impacted by climate https://attendee.gotowebinar.com/ change; and environmental justice. DEPARTMENT OF HOMELAND register/4077004924087852814. Specifically, FEMA seeks this input SECURITY If you would like to speak at a pursuant to the processes required by meeting, please indicate that on the Executive Orders 13985, 13990, and registration form. For the June 16 Federal Emergency Management 14008 that require agencies to assess Agency meeting, FEMA will be prioritizing existing programs and policies to comments from representatives and determine if: (1) Agency programs and [Docket ID: FEMA–2021–0005; OMB No. members of Indian Tribal governments. policies perpetuate systemic barriers to 1660–0130] If there is time remaining in a meeting opportunities and benefits for people of after all registered speakers have Agency Information Collection color and other underserved groups; (2) Activities: Submission for OMB finished, FEMA will invite comments additional agency actions are required from others in attendance. Review; Comment Request; Generic to bolster resilience to climate change; Clearance for the Collection of Reasonable accommodations are and (3) agency programs, policies, and available for people with disabilities. To Qualitative Feedback on Agency activities address the disproportionately Service Delivery request a reasonable accommodation, high and adverse climate-related contact the person listed in the FOR impacts on disadvantaged communities. AGENCY: Federal Emergency FURTHER INFORMATION CONTACT section Consistent with Executive Order 13563 Management Agency, Department of below as soon as possible. Last minute and Executive Order 13707, FEMA Homeland Security. requests will be accepted but may not be further seeks this input to ensure that it ACTION: 30-Day notice and request for possible to fulfill. is implementing its programs in a comments. Written comments on the request for manner that builds disaster readiness information must be submitted via the and closes national capability gaps SUMMARY: The Federal Emergency Federal eRulemaking Portal at https:// through data-driven approaches and Management Agency (FEMA) will www.regulations.gov. Search for FEMA– risk-informed preparedness and submit the information collection 2021–0011–0001 and follow the mitigation investments as well as in abstracted below to the Office of instructions for submitting comments. delivering the Agency’s response and Management and Budget for review and All written comments received, recovery mission sets. clearance in accordance with the including any personal information The purpose of the request for requirements of the Paperwork provided, may be posted without information is to seek general feedback Reduction Act of 1995. The submission alteration at https:// on FEMA’s programs. Individuals will describe the nature of the www.regulations.gov. All comments on cannot apply for FEMA assistance by information collection, the categories of the request for information made during submitting a comment in the Federal respondents, the estimated burden (i.e., the meetings will be posted to the Register. If you are an individual who the time, effort and resources used by rulemaking docket on https:// has been impacted by a disaster and you respondents to respond) and cost, and www.regulations.gov. are seeking assistance from FEMA, the actual data collection instruments For access to the docket and to read FEMA will use. comments received by FEMA, go to please visit https://www.fema.gov/ DATES: Comments must be submitted on https://www.regulations.gov and search assistance/individual or call the FEMA or before July 7, 2021. for Docket ID FEMA–2021–0011. Helpline (1–800–621–3362/TTY (800) 462–7585) to apply or receive ADDRESSES: Written comments and FOR FURTHER INFORMATION CONTACT: information on a pending request. recommendations for the proposed Kristen Shedd, Acting Deputy Chief FEMA is holding public meetings and information collection should be sent Counsel, General Law, via email at extending the comment period to ensure within 30 days of publication of this [email protected] or via all interested parties have sufficient notice to www.reginfo.gov/public/do/ phone at (202) 646–4105. opportunity to provide comments on PRAMain. Find this particular SUPPLEMENTARY INFORMATION: On April FEMA’s programs. FEMA will carefully information collection by selecting 22, 2021, FEMA published a Request for consider all relevant comments received ‘‘Currently under 30-day Review—Open Information on FEMA Programs, 1 during the meetings, and during the rest for Public Comments’’ or by using the Regulations, and Policies. FEMA is of the comment period. All comments or search function. seeking public input on specific FEMA remarks provided on the request for FOR FURTHER INFORMATION CONTACT: programs, regulations, collections of information during the meeting will be information, and policies for the agency Requests for additional information or recorded and posted to the rulemaking copies of the information collection to consider modifying, streamlining, docket on https://www.regulations.gov. expanding, or repealing in light of should be made to Director, Information recent Executive orders. These efforts Meeting Agendas Management Division, 500 C Street SW, aim to help FEMA ensure that its Washington, DC 20472, email address The agenda for both meetings is as FEMA-Information-Collections- programs, regulations, and policies follows: contain necessary, properly tailored, [email protected] or Millicent 1. (3 min.) Introduction to Technology Brown, Sr. Manager, FEMA Office of the 2. (10 min.) Welcome Remarks by FEMA 1 86 FR 21325. Commenters may reference the Chief Administrative Officer, Request for Information for a general description of Leadership Information Management Division, at FEMA’s programs. 3. (75 min.) Public Comment (202) 304–2291 for further information.

VerDate Sep<11>2014 17:36 Jun 04, 2021 Jkt 253001 PO 00000 Frm 00078 Fmt 4703 Sfmt 4703 E:\FR\FM\07JNN1.SGM 07JNN1 khammond on DSKJM1Z7X2PROD with NOTICES 30328 Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Notices

SUPPLEMENTARY INFORMATION: This eligible for submission for other generic (OMB) for the information collection proposed information collection mechanisms that are designed to yield described below. In accordance with the previously published in the Federal quantitative results. Paperwork Reduction Act, HUD is Register on March 19, 2021 at 86 FR Affected Public: Individuals or requesting comment from all interested 14938 with a 60 day public comment Households. parties on the proposed collection of period. No comments were received. Estimated Number of Respondents: information. The purpose of this notice The purpose of this notice is to notify 1,075,000. is to allow for 60 days of public the public that FEMA will submit the Estimated Number of Responses: comment. information collection abstracted below 1,075,000. DATES: Comments Due Date: August 6, to the Office of Management and Budget Estimated Total Annual Burden 2021. for review and clearance. Hours: 268,783. Estimated Total Annual Respondent ADDRESSES: Interested persons are Collection of Information Cost: $10,622,304. invited to submit comments regarding Title: Generic Clearance for the Estimated Respondents’ Operation this proposal. Comments should refer to Collection of Qualitative Feedback on and Maintenance Costs: None. the proposal by name and/or OMB Agency Service Delivery. Estimated Respondents’ Capital and Control Number and should be sent to: Type of Information Collection: Start-Up Costs: None. Colette Pollard, Reports Management Extension, without change, of a Estimated Total Annual Cost to the Officer, Department of Housing and currently approved information Federal Government: $2,180,168. Urban Development, 451 7th Street SW, collection. Comments Room 4176, Washington, DC 20410– OMB Number: 1660–0130. 5000; telephone 202–402–3400 (this is Comments may be submitted as Form Titles and Numbers: None. not a toll-free number) or email at indicated in the ADDRESSES caption Abstract: The information collection [email protected] for a copy of above. Comments are solicited to (a) activity will garner qualitative customer the proposed forms or other available evaluate whether the proposed data and stakeholder feedback in an efficient, information. Persons with hearing or collection is necessary for the proper timely manner, in accordance with the speech impairments may access this performance of the agency, including Administration’s commitment to number through TTY by calling the whether the information shall have improving service delivery. This Federal Relay Service at (800) 877–8339 practical utility; (b) evaluate the feedback will provide insights into (this is a toll-free number). customer or stakeholder perceptions, accuracy of the agency’s estimate of the experiences, and expectations; provide burden of the proposed collection of FOR FURTHER INFORMATION CONTACT: an early warning of issues with service; information, including the validity of Dacia Rogers, Office of Policy, Programs or focus attention on areas where the methodology and assumptions used; and Legislative Initiatives, PIH, communication, training, or changes in (c) enhance the quality, utility, and Department of Housing and Urban operations might improve delivery of clarity of the information to be Development, 451 7th Street SW, (Room products or services. These collections collected; and (d) minimize the burden 3180), Washington, DC 20410; will allow for ongoing, collaborative, of the collection of information on those telephone 202–402–4109, (this is not a and actionable communications who are to respond, including through toll-free number). Persons with hearing between the Agency and its customers the use of appropriate automated, or speech impairments may access this and stakeholders. It will also allow electronic, mechanical, or other number via TTY by calling the Federal feedback to contribute directly to the technological collection techniques or Relay Service at (800) 877–8339 (this is improvement of program management. other forms of information technology, a toll-free number). Copies of available Feedback collected under this generic e.g., permitting electronic submission of documents submitted to OMB may be clearance will provide useful responses. obtained from Ms. Rogers. information, but it will not yield data SUPPLEMENTARY INFORMATION: This Millicent L. Brown, that can be generalized to the overall notice informs the public that HUD is population. This type of generic Senior Manager, Records Management seeking approval from OMB for the Branch Office of the Chief Administrative information collection described in clearance for qualitative information Officer, Mission Support, Federal Emergency will not be used for quantitative Management Agency, Department of Section A. information collections that are Homeland Security. A. Overview of Information Collection designed to yield reliably actionable [FR Doc. 2021–11839 Filed 6–4–21; 8:45 am] Title of Information Collection: results, such as monitoring trends over BILLING CODE 9111–19–P time or documenting program Choice Neighborhoods. performance. Such data uses require OMB Approval Number: 2577–0269. Type of Request: Revision of currently more rigorous designs that address: The DEPARTMENT OF HOUSING AND approved collection. target population to which URBAN DEVELOPMENT generalizations will be made, the Form Number: SF–424, SF–424B, SF– sampling frame, the sample design [Docket No. FR–7040–N–08] 424D, SF–LLL, HUD 2880, HUD 53150, (including stratification and clustering), HUD 53152, HUD 53232, HUD 53151, the precision requirements or power 60-Day Notice of Proposed Information HUD 53154, HUD–53156, HUD–53233, calculations that justify the proposed Collection: Choice Neighborhoods; HUD–53234, HUD–53238, HUD–53231, sample size, the expected response rate, OMB Control No.: 2577–0269 HUD–53235, HUD–53237, HUD–53236, methods for assessing potential non- AGENCY: Office of the Assistant HUD–53239, HUD–2530, HUD–2991, response bias, the protocols for data Secretary for Public and Indian HUD–2995, HUD–53421, HUD–53230, collection, and any testing procedures Housing, HUD. HUD–52515, HUD–50163, HUD–50153. that were or will be undertaken prior to ACTION: Notice. Description of the need for the fielding the study. Depending on the information and proposed use: The degree of influence the results are likely SUMMARY: HUD is seeking approval from information collection is required to to have, such collections may still be the Office of Management and Budget administer the Choice Neighborhoods

VerDate Sep<11>2014 17:36 Jun 04, 2021 Jkt 253001 PO 00000 Frm 00079 Fmt 4703 Sfmt 4703 E:\FR\FM\07JNN1.SGM 07JNN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Notices 30329

program, including applying for funds DEPARTMENT OF THE INTERIOR Copper River Meridian, Alaska and grantee reporting. Tongass National Forest Respondents (i.e., affected public): Bureau of Land Management Potential applicants and grantees T. 39 S., Rs. 65 and 66 E., more particularly described as follows: (which would include local [212LLAK941200.L1440000.ET0000;AKAA– BEGINNING at Corner No. 2, U.S. Survey No. governments, tribal entities, public 95542] housing authorities, nonprofits, and for- 1536, Alaska. THENCE, along the record courses of PLO profit developers that apply jointly with Notice of Application for Withdrawal 829, N 18° 30′ W, a distance of 160 chains; a public entity). and Opportunity for Public Meeting for THENCE, N 55° 00′ E, a distance of 100 Estimated Number of Respondents: the Mendenhall Glacier Recreation chains, to the POINT OF BEGINNING of 264 annually. Area, Alaska the Mendenhall Withdrawal; Estimated Number of Responses: 440 THENCE, N 26° 00′ E, a distance of 110 annually. AGENCY: Bureau of Land Management, chains; Frequency of Response: Frequency of THENCE, N 78° 30′ E, a distance of 260 Interior. response varies depending on what chains; information is being provided (e.g., once ACTION: Notice. THENCE, S 8° 30′ E, a distance of 133 chains; per year for applications and four times THENCE, S 33° 00′ W, a distance of 90 chains; per year for grantee reporting). SUMMARY: The U.S. Forest Service THENCE, S 77° 00′ W, a distance of 101 ± Burden Hours per Response: Burden (USFS) filed an application with the hours per response varies depending on chains, to the boundary of PLO 829; Bureau of Land Management (BLM) THENCE, along said boundary on the what information is being provided requesting that the Secretary of the following courses, N 20° 00′ W, a distance (e.g., Choice Neighborhoods Interior withdraw 4,560 acres of of 24 ± chains; Implementation grant application: National Forest System land for the THENCE, N 45° 00′ W, a distance of 80 68.17; Choice Neighborhoods Planning Mendenhall Glacier Recreation Area. chains; grant application: 35.42; Choice The USFS requests the withdrawal as THENCE, West, a distance of 110 chains, to Neighborhoods information collections the receding Mendenhall Glacier leaves the POINT OF BEGINNING of the unrelated to the NOFA, including Mendenhall Withdrawal, containing 4,560 additional lands unprotected by the ± acres. grantee reporting and program existing withdrawal created by Public management: 14.58). Land Order (PLO) No. 829. This Notice The use of a rights-of-way, Total Estimated Burdens: Total segregates these lands for up to two interagency agreement, or cooperative burden hours is estimated to be 4,431. years from location and entry under agreement would not provide adequate Total burden cost is estimated to be protection for the existing and planned $199,393. United States mining laws and leasing under the mineral leasing laws, subject development over a large area from B. Solicitation of Public Comment to valid existing rights. The land will impacts related to location and development of mining claims or This notice is soliciting comments remain open to other uses at the discretion of the Authorized Officer. mineral leasing activities. from members of the public and affected The land for this withdrawal adjoins parties concerning the collection of DATES: Comments and requests for a PLO 829, dated May 10, 1952, for the information described in Section A on public meeting must be received by Tongass National Forest Mendenhall the following: September 7, 2021. Lake Scenic and Winter Sports Area. (1) Whether the proposed collection Water is critical to this withdrawal for of information is necessary for the ADDRESSES: All comments and meeting both recreation and visual purposes. proper performance of the functions of requests should be mailed to the BLM The Mendenhall Glacier and the agency, including whether the Alaska State Office, 222 West Seventh Mendenhall Lake are the focal point and information will have practical utility; Avenue, No. 13, Anchorage, Alaska basis for the USFS recreation (2) The accuracy of the agency’s 99513–7504. The BLM will not consider development and facilities at this site. estimate of the burden of the proposed comments received via telephone calls. The USFS is requesting the Secretary to collection of information; (3) Ways to enhance the quality, FOR FURTHER INFORMATION CONTACT: include in the withdrawal area both the utility, and clarity of the information to Chelsea Kreiner, BLM Alaska State glacier and lake which is coming into be collected; and Office, 907–271–4205, email ckreiner@ exposure with the retreating glacier. (4) Ways to minimize the burden of blm.gov. Persons who use a All persons who wish to submit the collection of information on those telecommunications device for the deaf comments, suggestions, or objections in who are to respond; including through (TDD) may call the Federal Relay connection with the proposed the use of appropriate automated Service (FRS) at 1–800–877–8339 to withdrawal may present their views in collection techniques or other forms of contact the above individual. The FRS writing to the BLM. Records relating to information technology, e.g., permitting is available 24 hours a day, 7 days a the application may be examined by electronic submission of responses. week, to leave a message or question contacting the BLM Alaska State Office HUD encourages interested parties to with the above individual. You will at the address above. submit comment in response to these receive a reply during normal business The Notice is hereby given that an questions. hours. opportunity for a public meeting is in connection with this withdrawal. All Authority: Section 3507 of the Paperwork SUPPLEMENTARY INFORMATION: On April persons who desire a public meeting for Reduction Act of 1995, 44 U.S.C. 3507. 8, 2019, the USFS filed an application the purpose of being heard on the Date: May 20, 2021. for the Secretary of the Interior to withdrawal must submit a written Laura Miller-Pittman, withdraw the following National Forest request to the BLM Alaska State Director Chief, Office of Policy, Programs and System land from location and entry within 90 days from the date of Legislative Initiatives. under the United States mining laws publication of this Notice. Upon [FR Doc. 2021–11871 Filed 6–4–21; 8:45 am] and leasing under the mineral leasing determination by the authorized officer BILLING CODE 4210–67–P laws, subject to valid existing rights: that a public meeting will be held, a

VerDate Sep<11>2014 17:36 Jun 04, 2021 Jkt 253001 PO 00000 Frm 00080 Fmt 4703 Sfmt 4703 E:\FR\FM\07JNN1.SGM 07JNN1 khammond on DSKJM1Z7X2PROD with NOTICES 30330 Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Notices

notice of the time and place will be DEPARTMENT OF THE INTERIOR public review, we cannot guarantee we published in the Federal Register and at will be able to do so. least one local newspaper before the Bureau of Reclamation FOR FURTHER INFORMATION CONTACT: scheduled date of the meeting. [DOI–2020–0010; RR81300000, 212R5065C6, Regina Magno, Associate Privacy Comments, including name and street RX.59189825.2008813] Officer, Bureau of Reclamation, P.O. address of respondents, will be available Box 25007, Denver, CO 80225, privacy@ for public review at the BLM Alaska Privacy Act of 1974; System of usbr.gov or (303) 445–3326. State Office at the address in the Records SUPPLEMENTARY INFORMATION: Pursuant ADDRESSES section above during regular AGENCY: Bureau of Reclamation, to the provisions of the Privacy Act of business hours, 08:00 a.m. to 4:00 p.m., Interior. 1974, as amended, 5 U.S.C. 552a, Monday through Friday, except Federal ACTION: Rescindment of a system of Reclamation is rescinding the system of holidays. records notice. records notice, INTERIOR/WBR–45, Before including your address, phone Equipment, Supply, and Service number, email address, or other SUMMARY: The Department of the Contracts, from its inventory. This personal identifying information in your Interior (DOI) is issuing a public notice system was used for the administration comment, you should be aware that of its intent to rescind one Bureau of of contracts for equipment, supplies, your entire comment including your Reclamation (Reclamation) Privacy Act materials, and services. During a review personal identifying information may be system of records notice, INTERIOR/ of Reclamation’s system of records made publicly available at any time. WBR–45, Equipment, Supply, and notices, it was determined that this While you can ask us in your comment Service Contracts. This system was system is no longer needed since the to withhold your personal identifying superseded by two Department-wide records are covered by published system of records notices; however, it information from public review, we Department-wide system of records was never formally rescinded. This cannot guarantee that we will be able to notices, INTERIOR/DOI–86, Accounts rescindment will eliminate an do so. For a period of two years from the Receivable: FBMS, 73 FR 43772 (July unnecessary duplicate notice and 28, 2008), and INTERIOR/DOI–87, date of publication of this Notice in the promote the overall streamlining and Federal Register, the land specified Acquisition of Goods and Services: management of DOI Privacy Act systems FBMS, 73 FR 43766 (July 28, 2008). above will be segregated from location of records. and entry under United States mining Therefore, Reclamation is rescinding DATES: These changes take effect on laws and leasing under the mineral this system of records notice to avoid June 7, 2021. leasing laws, subject to valid existing duplication of existing system of records notices in accordance with the Office of rights, unless the application is denied ADDRESSES: You may send comments Management and Budget Circular A– or canceled, or the withdrawal is identified by docket number [DOI– 108, Federal Agency Responsibilities for approved prior to that date. 2020–0010] by any of the following methods: Review, Reporting, and Publication Although the land will be segregated • Federal eRulemaking Portal: http:// under the Privacy Act. from location and entry under United www.regulations.gov. Follow the Rescinding the INTERIOR/WBR–45 States mining laws and leasing under instructions for sending comments. notice will have no adverse impacts on the mineral leasing laws, subject to • Email: [email protected]. individuals as the records are covered valid existing rights, the land will Include docket number [DOI–2020– by and maintained under existing continue to be managed in accordance 0010] in the subject line of the message. published DOI system of records with the various acts that govern • U.S. Mail or Hand-Delivery: Teri notices. This rescindment will promote occupancy and use of National Forest Barnett, Departmental Privacy Officer, the overall streamlining and System lands. The authorized officer U.S. Department of the Interior, 1849 C management of DOI Privacy Act systems may, at his or her discretion, permit Street NW, Room 7112, Washington, DC of records. This notice hereby rescinds temporary uses of the land during this 20240. the INTERIOR/WBR–45, Equipment, period of segregation that do not Instructions: All submissions received Supply, and Service Contracts, system interfere with the use of the land must include the agency name and of records notice as identified below. intended by the USFS. docket number [DOI–2020–0010]. All The withdrawal application will be comments received will be posted SYSTEM NAME AND NUMBER: without change to http:// processed in accordance with the www.regulations.gov, including any INTERIOR/WBR–45, Equipment, regulations set-forth in 43 CFR part personal information provided. Supply, and Service Contracts. 2300. Docket: For access to the docket to HISTORY: Authority: 43 CFR 2310.3–1. read background documents or comments received, go to http:// Chad Padgett, INTERIOR/WBR–45, Equipment, www.regulations.gov. Supply, and Service Contracts, 64 FR State Director. You should be aware your entire 43714 (August 11, 1999); modification [FR Doc. 2021–11791 Filed 6–4–21; 8:45 am] comment including your personal published at 73 FR 20949 (April 17, BILLING CODE 4310–JA–P identifying information, such as your 2008). address, phone number, email address, or any other personal identifying Teri Barnett, information in your comment, may be Departmental Privacy Officer, Department of made publicly available at any time. the Interior. While you may request to withhold your [FR Doc. 2021–11805 Filed 6–4–21; 8:45 am] personal identifying information from BILLING CODE 4332–90–P

VerDate Sep<11>2014 17:36 Jun 04, 2021 Jkt 253001 PO 00000 Frm 00081 Fmt 4703 Sfmt 4703 E:\FR\FM\07JNN1.SGM 07JNN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Notices 30331

INTERNATIONAL TRADE DN 3550; the Commission is soliciting investigation would affect the public COMMISSION comments on any public interest issues health and welfare in the United States, raised by the complaint or competitive conditions in the United [Investigation Nos. 701–TA–437 and 731– complainant’s filing pursuant to the TA–1060–1061 (Third Review)] States economy, the production of like Commission’s Rules of Practice and or directly competitive articles in the Carbazole Violet Pigment 23 From Procedure. United States, or United States China and India FOR FURTHER INFORMATION CONTACT: Lisa consumers. R. Barton, Secretary to the Commission, In particular, the Commission is Determinations U.S. International Trade Commission, interested in comments that: 1 On the basis of the record developed 500 E Street SW, Washington, DC (i) Explain how the articles in the subject five-year reviews, the 20436, telephone (202) 205–2000. The potentially subject to the requested United States International Trade public version of the complaint can be remedial orders are used in the United Commission (‘‘Commission’’) accessed on the Commission’s States; determines, pursuant to the Tariff Act of Electronic Document Information 1930 (‘‘the Act’’), that revocation of the System (EDIS) at https://edis.usitc.gov. (ii) identify any public health, safety, countervailing duty order on carbazole For help accessing EDIS, please email or welfare concerns in the United States violet pigment 23 from India and the [email protected]. relating to the requested remedial antidumping duty orders on carbazole General information concerning the orders; violet pigment 23 from China and India Commission may also be obtained by (iii) identify like or directly would be likely to lead to continuation accessing its internet server at United competitive articles that complainant, or recurrence of material injury to an States International Trade Commission its licensees, or third parties make in the industry in the United States within a (USITC) at https://www.usitc.gov. The United States which could replace the reasonably foreseeable time. public record for this investigation may subject articles if they were to be be viewed on the Commission’s excluded; Background Electronic Document Information (iv) indicate whether complainant, The Commission instituted these System (EDIS) at https://edis.usitc.gov. complainant’s licensees, and/or third reviews on October 1, 2020 (85 FR Hearing-impaired persons are advised party suppliers have the capacity to 61977), and determined on January 4, that information on this matter can be replace the volume of articles 2021, that it would conduct expedited obtained by contacting the potentially subject to the requested reviews (86 FR 24414, May 6, 2021). Commission’s TDD terminal on (202) exclusion order and/or a cease and The Commission made these 205–1810. desist order within a commercially determinations pursuant to section SUPPLEMENTARY INFORMATION: The reasonable time; and 751(c) of the Act (19 U.S.C. 1675(c)). It Commission has received a complaint (v) explain how the requested completed and filed its determinations and a submission pursuant to § 210.8(b) in these reviews on June 1, 2021. The remedial orders would impact United of the Commission’s Rules of Practice States consumers. views of the Commission are contained and Procedure filed on behalf of Proven in USITC Publication 5201 (June 2021), Networks, LLC on June 1, 2021. The Written submissions on the public entitled Carbazole Violet Pigment 23 complaint alleges violations of section interest must be filed no later than by from China and India: Investigation 337 of the Tariff Act of 1930 (19 U.S.C. close of business, eight calendar days Nos. 701–TA–437 and 731–TA–1060– 1337) in the importation into the United after the date of publication of this 1061 (Third Review). States, the sale for importation, and the notice in the Federal Register. There By order of the Commission. sale within the United States after will be further opportunities for Issued: June 1, 2021. importation of certain networking comment on the public interest after the issuance of any final initial Lisa Barton, devices, computers, and components thereof. The complainant names as determination in this investigation. Any Secretary to the Commission. written submissions on other issues [FR Doc. 2021–11795 Filed 6–4–21; 8:45 am] respondents: Arista Networks, Inc. of Santa Clara, CA; Aruba Networks, Inc. must also be filed by no later than the BILLING CODE 7020–02–P of Palo Alto, CA; Cisco Systems, Inc. of close of business, eight calendar days San Jose, CA; Dell Technologies Inc. of after publication of this notice in the Round Rock, TX; F5 Networks, Inc. of Federal Register. Complainant may file INTERNATIONAL TRADE replies to any written submissions no COMMISSION Seattle, WA; Juniper Networks, Inc. of Sunnyvale, CA; and Palo Alto Networks, later than three calendar days after the Notice of Receipt of Complaint; Inc. of Santa Clara, CA. The date on which any initial submissions Solicitation of Comments Relating to complainant requests that the were due. No other submissions will be the Public Interest Commission issue a limited exclusion accepted, unless requested by the order, cease and desist orders, and Commission. Any submissions and AGENCY: U.S. International Trade impose a bond upon respondent alleged replies filed in response to this Notice Commission. infringing articles during the 60-day are limited to five (5) pages in length, ACTION: Notice. Presidential review period pursuant to inclusive of attachments. Persons filing written submissions SUMMARY: Notice is hereby given that 19 U.S.C. 1337(j). Proposed respondents, other must file the original document the U.S. International Trade interested parties, and members of the electronically on or before the deadlines Commission has received a complaint public are invited to file comments on stated above. Submissions should refer entitled Certain Networking Devices, any public interest issues raised by the to the docket number (‘‘Docket No. Computers, and Components Thereof, complaint or § 210.8(b) filing. 3550’’) in a prominent place on the cover page and/or the first page. (See 1 The record is defined in § 207.2(f) of the Comments should address whether Commission’s Rules of Practice and Procedure (19 issuance of the relief specifically Handbook for Electronic Filing CFR 207.2(f)). requested by the complainant in this Procedures, Electronic Filing

VerDate Sep<11>2014 17:36 Jun 04, 2021 Jkt 253001 PO 00000 Frm 00082 Fmt 4703 Sfmt 4703 E:\FR\FM\07JNN1.SGM 07JNN1 khammond on DSKJM1Z7X2PROD with NOTICES 30332 Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Notices

Procedures 1). Please note the INTERNATIONAL TRADE DATES: The OMB will consider all Secretary’s Office will accept only COMMISSION written comments that agency receives electronic filings during this time. on or before July 7, 2021. [Investigation No. 731–TA–149 (Fifth Filings must be made through the ADDRESSES: Written comments and Review)] Commission’s Electronic Document recommendations for the proposed Information System (EDIS, https:// Barium Chloride From China information collection should be sent edis.usitc.gov). No in-person paper- within 30 days of publication of this based filings or paper copies of any Determinations notice to www.reginfo.gov/public/do/ electronic filings will be accepted until On the basis of the record 1 developed PRAMain. Find this particular further notice. Persons with questions in the subject five-year review, the information collection by selecting regarding filing should contact the United States International Trade ‘‘Currently under 30-day Review—Open Secretary at [email protected]. Commission (‘‘Commission’’) for Public Comments’’ or by using the search function. Any person desiring to submit a determines, pursuant to the Tariff Act of 1930 (‘‘the Act’’), that revocation of the Comments are invited on: (1) Whether document to the Commission in the collection of information is confidence must request confidential antidumping duty order on barium chloride from China would be likely to necessary for the proper performance of treatment. All such requests should be lead to continuation or recurrence of the functions of the Department, directed to the Secretary to the material injury to an industry in the including whether the information will Commission and must include a full United States within a reasonably have practical utility; (2) if the statement of the reasons why the foreseeable time. information will be processed and used Commission should grant such in a timely manner; (3) the accuracy of treatment. See 19 CFR 201.6. Documents Background the agency’s estimates of the burden and for which confidential treatment by the The Commission instituted this cost of the collection of information, Commission is properly sought will be review on October 1, 2020 (85 FR including the validity of the treated accordingly. All information, 61984) and determined on January 4, methodology and assumptions used; (4) including confidential business 2021 that it would conduct an expedited ways to enhance the quality, utility and information and documents for which review (86 FR 24412, May 6, 2021). clarity of the information collection; and confidential treatment is properly The Commission made this (5) ways to minimize the burden of the sought, submitted to the Commission for determination pursuant to section collection of information on those who purposes of this Investigation may be 751(c) of the Act (19 U.S.C. 1675(c)). It are to respond, including the use of disclosed to and used: (i) By the completed and filed its determination automated collection techniques or other forms of information technology. Commission, its employees and Offices, for this review on June 1, 2021. The and contract personnel (a) for views of the Commission are contained FOR FURTHER INFORMATION CONTACT: developing or maintaining the records in USITC Publication 5203 (June 2021), Mara Blumenthal by telephone at 202– 693–8538, or by email at DOL_PRA_ of this or a related proceeding, or (b) in entitled Barium Chloride from China: [email protected]. internal investigations, audits, reviews, Investigation No. 731–TA–149 (Fifth SUPPLEMENTARY INFORMATION: and evaluations relating to the Review). The National Longitudinal Survey of Youth programs, personnel, and operations of By order of the Commission. 1997 (NLSY97) is a nationally the Commission including under 5 Issued: June 1, 2021. representative sample of persons who U.S.C. Appendix 3; or (ii) by U.S. Lisa Barton, were born in the years 1980 to 1984. government employees and contract Secretary to the Commission. 2 These respondents were ages 12–17 personnel, solely for cybersecurity [FR Doc. 2021–11794 Filed 6–4–21; 8:45 am] when the first round of annual purposes. All nonconfidential written BILLING CODE 7020–02–P interviews began in 1997. The primary submissions will be available for public objective of the survey is to study the inspection at the Office of the Secretary transition from schooling to the and on EDIS.3 DEPARTMENT OF LABOR establishment of careers and families. This action is taken under the Starting with round sixteen, the authority of section 337 of the Tariff Act Agency Information Collection NLSY97 is conducted on a biennial of 1930, as amended (19 U.S.C. 1337), Activities; Submission for OMB basis. Round twenty interviews will and of §§ 201.10 and 210.8(c) of the Review; Comment Request; National occur from September 2021 to June Commission’s Rules of Practice and Longitudinal Survey of Youth 1997 2022. For additional substantive Procedure (19 CFR 201.10, 210.8(c)). information about this ICR, see the ACTION: Notice of availability; request related notice published in the Federal By order of the Commission. for comments. Register on January 28, 2021 (86 FR Issued: June 1, 2021. SUMMARY: The Department of Labor 7421). This information collection is subject Lisa Barton, (DOL) is submitting this Bureau of Labor to the PRA. A Federal agency generally Secretary to the Commission. Statistics (BLS)-sponsored information cannot conduct or sponsor a collection [FR Doc. 2021–11816 Filed 6–4–21; 8:45 am] collection request (ICR) to the Office of of information, and the public is BILLING CODE 7020–02–P Management and Budget (OMB) for generally not required to respond to an review and approval in accordance with information collection, unless the OMB 1 the Paperwork Reduction Act of 1995 Handbook for Electronic Filing Procedures: approves it and displays a currently https://www.usitc.gov/documents/handbook_on_ (PRA). Public comments on the ICR are valid OMB Control Number. In addition, filing_procedures.pdf. invited. 2 All contract personnel will sign appropriate notwithstanding any other provisions of nondisclosure agreements. 1 The record is defined in sec. 207.2(f) of the law, no person shall generally be subject 3 Electronic Document Information System Commission’s Rules of Practice and Procedure (19 to penalty for failing to comply with a (EDIS): https://edis.usitc.gov. CFR 207.2(f)). collection of information that does not

VerDate Sep<11>2014 17:36 Jun 04, 2021 Jkt 253001 PO 00000 Frm 00083 Fmt 4703 Sfmt 4703 E:\FR\FM\07JNN1.SGM 07JNN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Notices 30333

display a valid OMB Control Number. necessary for the proper performance of Total Estimated Number of See 5 CFR 1320.5(a) and 1320.6. the functions of the Department, Respondents: 14,291. DOL seeks PRA authorization for this including whether the information will Total Estimated Number of information collection for three (3) have practical utility; (2) if the Responses: 58,880. years. OMB authorization for an ICR information will be processed and used Total Estimated Annual Time Burden: cannot be for more than three (3) years in a timely manner; (3) the accuracy of 48,639 hours. without renewal. The DOL notes that the agency’s estimates of the burden and Total Estimated Annual Other Costs information collection requirements cost of the collection of information, Burden: $0. submitted to the OMB for existing ICRs including the validity of the Authority: 44 U.S.C. 3507(a)(1)(D). receive a month-to-month extension methodology and assumptions used; (4) Dated: May 27, 2021. while they undergo review. ways to enhance the quality, utility and Mara Blumenthal, Agency: DOL–BLS. clarity of the information collection; and Senior PRA Analyst. Title of Collection: National (5) ways to minimize the burden of the [FR Doc. 2021–11807 Filed 6–4–21; 8:45 am] Longitudinal Survey of Youth 1997. collection of information on those who BILLING CODE 4510–24–P OMB Control Number: 1220–0157. are to respond, including the use of Affected Public: Individuals or automated collection techniques or Households. other forms of information technology. DEPARTMENT OF LABOR Total Estimated Number of FOR FURTHER INFORMATION CONTACT: Respondents: 6,650. Mara Blumenthal by telephone at 202– Office of the Secretary Total Estimated Number of 693–8538, or by email at DOL_PRA_ Agency Information Collection Responses: 6,783. [email protected]. Total Estimated Annual Time Burden: Activities; Submission for OMB SUPPLEMENTARY INFORMATION: The Review; Comment Request; Testing, 8,321 hours. Consumer Expenditure (CE) Surveys Total Estimated Annual Other Costs Evaluation, and Approval of Mining collect data on consumer expenditures, Products Burden: $0. demographic information, and related Authority: 44 U.S.C. 3507(a)(1)(D). data needed by the Consumer Price ACTION: Notice of availability; request Dated: May 27, 2021. Index (CPI) and other public and private for comments. Mara Blumenthal, data users. The continuing surveys SUMMARY: Senior PRA Analyst. provide a constant measurement of The Department of Labor (DOL) is submitting this Mine Safety [FR Doc. 2021–11811 Filed 6–4–21; 8:45 am] changes in consumer expenditure and Health Administration (MSHA)- BILLING CODE 4510–24–P patterns for economic analysis and to obtain data for future CPI revisions. The sponsored information collection CE Surveys have been ongoing since request (ICR) to the Office of DEPARTMENT OF LABOR 1979. For additional substantive Management and Budget (OMB) for information about this ICR, see the review and approval in accordance with Agency Information Collection related notice published in the Federal the Paperwork Reduction Act of 1995 Activities; Submission for OMB Register on February 11, 2021 (86 FR (PRA). Public comments on the ICR are Review; Comment Request; Consumer 9086). invited. Expenditure Surveys: Quarterly This information collection is subject DATES: The OMB will consider all Interview and Diary to the PRA. A Federal agency generally written comments that agency receives cannot conduct or sponsor a collection on or before July 7, 2021. ACTION: Notice of availability; request of information, and the public is ADDRESSES: Written comments and for comments. generally not required to respond to an recommendations for the proposed information collection, unless the OMB information collection should be sent SUMMARY: The Department of Labor approves it and displays a currently within 30 days of publication of this (DOL) is submitting this Bureau of Labor valid OMB Control Number. In addition, notice to www.reginfo.gov/public/do/ Statistics (BLS)-sponsored information notwithstanding any other provisions of PRAMain. Find this particular collection request (ICR) to the Office of law, no person shall generally be subject information collection by selecting Management and Budget (OMB) for to penalty for failing to comply with a ‘‘Currently under 30-day Review—Open review and approval in accordance with collection of information that does not for Public Comments’’ or by using the the Paperwork Reduction Act of 1995 display a valid OMB Control Number. search function. (PRA). Public comments on the ICR are See 5 CFR 1320.5(a) and 1320.6. Comments are invited on: (1) Whether invited. DOL seeks PRA authorization for this the collection of information is DATES: The OMB will consider all information collection for three (3) necessary for the proper performance of written comments that agency receives years. OMB authorization for an ICR the functions of the Department, on or before July 7, 2021. cannot be for more than three (3) years including whether the information will ADDRESSES: Written comments and without renewal. The DOL notes that have practical utility; (2) if the recommendations for the proposed information collection requirements information will be processed and used information collection should be sent submitted to the OMB for existing ICRs in a timely manner; (3) the accuracy of within 30 days of publication of this receive a month-to-month extension the agency’s estimates of the burden and notice to www.reginfo.gov/public/do/ while they undergo review. cost of the collection of information, PRAMain. Find this particular Agency: DOL–BLS. including the validity of the information collection by selecting Title of Collection: Consumer methodology and assumptions used; (4) ‘‘Currently under 30-day Review—Open Expenditure Surveys: Quarterly ways to enhance the quality, utility and for Public Comments’’ or by using the Interview and Diary. clarity of the information collection; and search function. OMB Control Number: 1220–0050. (5) ways to minimize the burden of the Comments are invited on: (1) Whether Affected Public: Individuals or collection of information on those who the collection of information is Households. are to respond, including the use of

VerDate Sep<11>2014 17:36 Jun 04, 2021 Jkt 253001 PO 00000 Frm 00084 Fmt 4703 Sfmt 4703 E:\FR\FM\07JNN1.SGM 07JNN1 khammond on DSKJM1Z7X2PROD with NOTICES 30334 Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Notices

automated collection techniques or Total Estimated Annual Other Costs (ORS) is a nationwide survey that the other forms of information technology. Burden: $2,938,557. Bureau of Labor Statistics (BLS) is FOR FURTHER INFORMATION CONTACT: Authority: 44 U.S.C. 3507(a)(1)(D). conducting at the request of the Social Security Administration (SSA). Three Crystal Rennie by telephone at 202– Crystal Rennie, 693–0456, or by email at DOL_PRA_ years of data collection and capture for PRA Senior Analyst. [email protected]. the ORS will start in 2021 and end in [FR Doc. 2021–11808 Filed 6–4–21; 8:45 am] SUPPLEMENTARY INFORMATION: MSHA mid-2024. Estimates produced from the regulations at 30 CFR parts 6 through 36 BILLING CODE 4510–43–P data collected by the ORS will be used contain application, testing and by the SSA to update occupational inspection procedures, and quality DEPARTMENT OF LABOR requirements data for administering the control procedures for the approval of Social Security Disability Insurance mining equipment or explosives used in Agency Information Collection (SSDI) and Supplemental Security both underground and surface coal, Activities; Submission for OMB Income (SSI) programs. For additional metal, and nonmetal mines. Except for Review; Comment Request; substantive information about this ICR, parts 6 and 7, MSHA conducts most of Occupational Requirements Survey see the related notice published in the the testing and evaluation of products Federal Register on January 28, 2021 for a fee paid by the applicant; although ACTION: Notice of availability; request (86 FR 7422). some regulations require the for comments. This information collection is subject manufacturer to pretest the product. to the PRA. A Federal agency generally Upon MSHA approval, the SUMMARY: The Department of Labor cannot conduct or sponsor a collection manufacturer must ensure that the (DOL) is submitting this Bureau of Labor product continues to conform to the Statistics (BLS)-sponsored information of information, and the public is specifications and design evaluated and collection request (ICR) to the Office of generally not required to respond to an approved by MSHA. In some instances, Management and Budget (OMB) for information collection, unless the OMB as part of the approval process, review and approval in accordance with approves it and displays a currently manufacturers are required to have a the Paperwork Reduction Act of 1995 valid OMB Control Number. In addition, quality control or assurance plan. For (PRA). Public comments on the ICR are notwithstanding any other provisions of additional substantive information invited. law, no person shall generally be subject about this ICR, see the related notice DATES: The OMB will consider all to penalty for failing to comply with a published in the Federal Register on written comments that agency receives collection of information that does not December 7, 2020 (85 FR 78872). on or before July 7, 2021. display a valid OMB Control Number. See 5 CFR 1320.5(a) and 1320.6. This information collection is subject ADDRESSES: Written comments and to the PRA. A Federal agency generally recommendations for the proposed DOL seeks PRA authorization for this cannot conduct or sponsor a collection information collection should be sent information collection for three (3) of information, and the public is within 30 days of publication of this years. OMB authorization for an ICR generally not required to respond to an notice to www.reginfo.gov/public/do/ cannot be for more than three (3) years information collection, unless the OMB PRAMain. Find this particular without renewal. The DOL notes that approves it and displays a currently information collection by selecting information collection requirements valid OMB Control Number. In addition, ‘‘Currently under 30-day Review—Open submitted to the OMB for existing ICRs notwithstanding any other provisions of for Public Comments’’ or by using the receive a month-to-month extension law, no person shall generally be subject search function. while they undergo review. to penalty for failing to comply with a Comments are invited on: (1) Whether Agency: DOL–BLS. collection of information that does not the collection of information is display a valid OMB Control Number. necessary for the proper performance of Title of Collection: Occupational See 5 CFR 1320.5(a) and 1320.6. the functions of the Department, Requirements Survey. DOL seeks PRA authorization for this including whether the information will OMB Control Number: 1220–0189. information collection for three (3) have practical utility; (2) if the Affected Public: State, Local, and years. OMB authorization for an ICR information will be processed and used Tribal Governments; Private Sector— cannot be for more than three (3) years in a timely manner; (3) the accuracy of Businesses or other for-profits. without renewal. The DOL notes that the agency’s estimates of the burden and information collection requirements cost of the collection of information, Total Estimated Number of submitted to the OMB for existing ICRs including the validity of the Respondents: 9,601. receive a month-to-month extension methodology and assumptions used; (4) Total Estimated Number of while they undergo review. ways to enhance the quality, utility and Agency: DOL–MSHA. Responses: 9,601. clarity of the information collection; and Title of Collection: Testing, (5) ways to minimize the burden of the Total Estimated Annual Time Burden: Evaluation, And Approval of Mining collection of information on those who 12,268 hours. Products. are to respond, including the use of Total Estimated Annual Other Costs OMB Control Number: 1219–0066. automated collection techniques or Burden: $0. Affected Public: Private Sector, other forms of information technology. Businesses or other for-profits. Authority: 44 U.S.C. 3507(a)(1)(D). FOR FURTHER INFORMATION CONTACT: Total Estimated Number of Dated: May 27, 2021. Respondents: 92. Mara Blumenthal by telephone at 202– _ _ Mara Blumenthal, Total Estimated Number of 693–8538, or by email at DOL PRA Responses: 315. [email protected]. Senior PRA Analyst. Total Estimated Annual Time Burden: SUPPLEMENTARY INFORMATION: The [FR Doc. 2021–11809 Filed 6–4–21; 8:45 am] 3,424 hours. Occupational Requirements Survey BILLING CODE 4510–24–P

VerDate Sep<11>2014 17:36 Jun 04, 2021 Jkt 253001 PO 00000 Frm 00085 Fmt 4703 Sfmt 4703 E:\FR\FM\07JNN1.SGM 07JNN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Notices 30335

DEPARTMENT OF LABOR minimized, collection instruments are functions of the agency, including clearly understood, and the impact of whether the information will have Office of the Workers’ Compensation collection requirements can be properly practical utility. Programs assessed. • Evaluate the accuracy of the The OWCP uses this collection to agency’s estimate of the burden of the Agency Information Collection obtain information from a Federal proposed collection of information, Activities; Comment Request; Request Employees’ Compensation Act (FECA) including the validity of the for Information on Earnings, Dual claimant receiving workers’ methodology and assumptions used. Benefits, Dependents and Third Party compensation benefits over an extended • Enhance the quality, utility, and Settlement, CA–1032 period. The OWCP uses the response to clarity of the information to be determine whether the claimant is AGENCY: Division of Federal Employees’, collected; and entitled to continue receiving benefits • Longshore and Harbor Workers’ Minimize the burden of the and whether the benefit amount should Compensation—FECA, Office of the collection of information on those who be adjusted. The collection is necessary Workers’ Compensation Programs, are to respond, including through the to help verify that the beneficiary Department of Labor. use of appropriate automated, receives the correct compensation. electronic, mechanical, or other ACTION: Notice. Information requested on the CA–1032 technological collection techniques or SUMMARY: The Department of Labor is obtained from each claimant receiving other forms of information technology, (DOL) is soliciting comments continuing compensation on the e.g., permitting electronic submission of concerning a revision for the authority periodic disability roll. The form responses. to conduct the information collection requests information on the claimant’s Agency: DOL—Office of Workers’ request (ICR) titled, ‘‘[Request for earnings, dependents, third party Compensation Programs. Information on Earnings, Dual Benefits, settlements, and other Federal benefits Type of Review: [Revision]. Dependents and Third Party Settlement, received. Questions in the form in Part Title of Collection: [Request for D (2) Other Benefits or Payments CA–1032].’’ This comment request is Information on Earnings, Dual Benefits, pertaining to Social Security Benefits part of continuing Departmental efforts Dependents and Third Party were slightly revised for better clarity to reduce paperwork and respondent Settlement]. for the respondent. burden in accordance with the Form: [CA–1032]. The FECA authorizes this information OMB Control Number: [1240–0016]. Paperwork Reduction Act of 1995 collection. See 5 U.S.C. 8124 and 8149. (PRA). Affected Public: [Individual or This information collection is subject to Household]. DATES: Consideration will be given to all the PRA. A Federal agency generally Estimated Number of Respondents: written comments received by August 6, cannot conduct or sponsor a collection [37,056]. 2021. of information, and the public is Frequency: [Annually]. ADDRESSES: A copy of this ICR with generally not required to respond to an Total Estimated Annual Responses: applicable supporting documentation; information collection, unless the OMB [37,056]. including a description of the likely under the PRA approves it and displays Estimated Average Time per respondents, proposed frequency of a currently valid OMB Control Number. Response: [20 minutes]. response, and estimated total burden The current information collection Estimated Total Annual Burden may be obtained free by contacting expires November 30, 2023. In addition, Hours: [12,352] hours. Anjanette Suggs by telephone at 202– notwithstanding any other provisions of Total Estimated Annual Other Cost 354–9660 or by email at law, no person shall generally be subject Burden: $[294,472] [email protected]. to penalty for failing to comply with a Authority: 44 U.S.C. 3506(c)(2)(A). Submit written comments about, or collection of information that does not Anjanette Suggs, requests for a copy of, this ICR by mail display a valid Control Number. See 5 or courier to the U.S. Department of CFR 1320.5(a) and 1320.6. Agency Clearance Officer. Labor, Office of Workers’ Compensation Interested parties are encouraged to [FR Doc. 2021–11815 Filed 6–4–21; 8:45 am] Programs, Room S3323, and 200 provide comments to the contact shown BILLING CODE 4510–CH–P Constitution Avenue NW, Washington, in the ADDRESSES section. Written DC 20210; by email: suggs.anjanette@ comments will receive consideration, dol.gov. and be summarized and included in the NATIONAL AERONAUTICS AND request for OMB approval of the final SPACE ADMINISTRATION FOR FURTHER INFORMATION CONTACT: ICR. In order to help ensure appropriate [NOTICE: [21–033]] Anjanette Suggs by telephone at 202– consideration, comments should 354–9660 or by email at mention [1240–0016]. [email protected]. Name of Information Collection: Submitted comments will also be a Generic Clearance for the Collection of SUPPLEMENTARY INFORMATION: The DOL, matter of public record for this ICR and Qualitative Feedback on Agency as part of continuing efforts to reduce posted on the internet, without Service Delivery paperwork and respondent burden, redaction. The DOL encourages conducts a pre-clearance consultation commenters not to include personally AGENCY: National Aeronautics and program to provide the general public identifiable information, confidential Space Administration (NASA). and Federal agencies an opportunity to business data, or other sensitive ACTION: Notice of information collection. comment on proposed and/or statements/information in any continuing collections of information comments. SUMMARY: The National Aeronautics and before submitting them to the OMB for The DOL is particularly interested in Space Administration, as part of its final approval. This program helps to comments that: continuing effort to reduce paperwork ensure requested data can be provided • Evaluate whether the proposed and respondent burden, invites the in the desired format, reporting burden collection of information is necessary general public and other Federal (time and financial resources) is for the proper performance of the agencies to take this opportunity to

VerDate Sep<11>2014 17:36 Jun 04, 2021 Jkt 253001 PO 00000 Frm 00086 Fmt 4703 Sfmt 4703 E:\FR\FM\07JNN1.SGM 07JNN1 khammond on DSKJM1Z7X2PROD with NOTICES 30336 Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Notices

comment on proposed and/or generic clearance if it meets the and other matters that are commonly continuing information collections. following conditions: considered private. The collections are voluntary; DATES: Comments are due by July 7, III. Data 2021. The collections are low-burden for Title: Generic Clearance for the ADDRESSES: Written comments and respondents (based on considerations of total burden hours, total number of Collection of Qualitative Feedback on recommendations for this information Agency Service Delivery. collection should be sent within 30 days respondents, or burden-hours per respondent) and are low-cost for both OMB Number: 2700–0153. of publication of this notice to Type of Review: Extension of approval www.reginfo.gov/public/do/PRAMain. the respondents and the Federal Government; for a collection of information. Find this information collection by Affected Public: Federal Government; selecting ‘‘Currently under 60-day The collections are non-controversial and do not raise issues of concern to Individuals and Households; Businesses Review—Open for Public Comments’’ or and Organization; State, Local, or Tribal by using the search function. other Federal agencies; Any collection is targeted to the Government. FOR FURTHER INFORMATION CONTACT: Estimated Annual Number of solicitation of opinions from Requests for additional information or Activities: 40. respondents who have experience with copies of the information collection Estimated Number of Respondents the program or may have experience instrument(s) and instructions should per Activity: 2,000. with the program in the near future; be directed to Claire Little, NASA Annual Responses: 80,000. Clearance Officer, NASA Headquarters, Information gathered will only be Estimated Time per Response: 5 300 E Street SW, JF0000, Washington, used internally for general service minutes. DC 20546 or email claire.a.little@ improvement and program management Estimated Total Annual Burden nasa.gov. purposes and is not intended for release Hours: 6,667. outside of the Agency; SUPPLEMENTARY INFORMATION: Estimated Total Annual Cost: Information gathered will not be used $200,000. I. Abstract for the purpose of substantially IV. Request for Comments The proposed information collection informing influential policy decisions; activity provides a means to garner and Comments are invited on: (1) Whether qualitative customer and stakeholder Information gathered will yield the proposed collection of information feedback in an efficient, timely manner, qualitative information; the collections is necessary for the proper performance in accordance with the Administration’s will not be designed or expected to of the functions of NASA, including commitment to improving service yield statistically reliable results or used whether the information collected has delivery. By qualitative feedback we as though the results are generalizable to practical utility; (2) the accuracy of mean information that provides useful the population of study. NASA’s estimate of the burden insights on perceptions and opinions, Feedback collected under this generic (including hours and cost) of the but are not statistical surveys that yield clearance provides useful information, proposed collection of information; (3) quantitative results that can be but it does not yield data that can be ways to enhance the quality, utility, and generalized to the population of study. generalized to the overall population. clarity of the information to be This feedback will provide insights into This type of generic clearance for collected; and (4) ways to minimize the customer or stakeholder perceptions, qualitative information will not be used burden of the collection of information experiences, and expectations; provide for quantitative information collections on respondents, including automated an early warning of issues with service; that are designed to yield reliably collection techniques or the use of other or focus attention on areas where actionable results, such as monitoring forms of information technology. communication, training or changes in trends over time or documenting Comments submitted in response to operations might improve delivery of program performance. Such data uses this notice will be summarized and products or services. These collections require more rigorous designs that included in the request for OMB will allow for ongoing, collaborative and address: The target population to which approval of this information collection. actionable communications between the generalizations will be made; the They will also become a matter of Agency and its customers and sampling frame; the sample design public record. stakeholders. It will also allow feedback (including stratification and clustering); the precision requirements or power Lori Parker, to contribute directly to the NASA PRA Clearance Officer. improvement of program management. calculations that justify the proposed The solicitation of feedback will target sample size; the expected response rate; [FR Doc. 2021–11793 Filed 6–4–21; 8:45 am] areas such as: Timeliness; methods for assessing potential non- BILLING CODE 7510–13–P appropriateness; accuracy of response bias; the protocols for data information; courtesy; efficiency of collection; and any testing procedures service delivery; and resolution of that were or will be undertaken prior to NEIGHBORHOOD REINVESTMENT issues with service delivery. Responses fielding the study. Depending on the CORPORATION will be assessed to plan and inform degree of influence the results are likely Sunshine Act Meetings efforts to improve or maintain the to have, such collections may still be eligible for submission for other generic quality of service offered to the public. TIME AND DATE: mechanisms that are designed to yield 2 p.m., Thursday, June If this information is not collected, vital 17, 2021. feedback from customers and quantitative results. PLACE: Via Conference Call. stakeholders on the Agency’s services As a general matter, information will be unavailable. collections will not result in any new STATUS: Parts of this meeting will be system of records containing privacy open to the public. The rest of the II. Methods of Collection information and will not ask questions meeting will be closed to the public. The Agency will only submit a of a sensitive nature, such as sexual MATTERS TO BE CONSIDERED: Annual collection for approval under this behavior and attitudes, religious beliefs, Board of Directors meeting.

VerDate Sep<11>2014 17:36 Jun 04, 2021 Jkt 253001 PO 00000 Frm 00087 Fmt 4703 Sfmt 4703 E:\FR\FM\07JNN1.SGM 07JNN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Notices 30337

The General Counsel of the Week of June 7, 2021 need a reasonable accommodation to Corporation has certified that in his participate in these public meetings or Tuesday, June 8, 2021 opinion, one or more of the exemptions need this meeting notice or the set forth in 5 U.S.C. 552 (b)(2) and (4) 10 a.m. Briefing on Human Capital and transcript or other information from the permit closure of the following Equal Employment Opportunity public meetings in another format (e.g., portion(s) of this meeting: (Public Meeting); (Contact: Anne braille, large print), please notify Anne • Executive Session DeFrancisco: 610–337–5078) Silk, NRC Disability Program Specialist, Additional Information: Due to Agenda at 301–287–0745, by videophone at COVID–19, there will be no physical 240–428–3217, or by email at I. Call to Order public attendance. The public is invited [email protected]. Determinations on II. Executive Session Discussion with to attend the Commission’s meeting live requests for reasonable accommodation General Counsel and Chief Audit by webcast at the Web address—https:// will be made on a case-by-case basis. Executive video.nrc.gov/. III. Executive Session Executive Members of the public may request to Compensation Review Thursday, June 10, 2021 receive this information electronically. IV. Executive Session: Report from CEO 10 a.m. Briefing on Results of the If you would like to be added to the V. Executive Session: Report from CFO Agency Action Review Meeting distribution, please contact the Nuclear VI. NeighborWorks CompassTM Update (Public Meeting); (Contact: Nicole Regulatory Commission, Office of the VII. Action Item Approval of Minutes Fields: 630–829–9570) Secretary, Washington, DC 20555, at VIII. Action Item Board Elections and Additional Information: Due to 301–415–1969, or by email at Appointments COVID–19, there will be no physical [email protected] or Tyesha.Bush@ IX. Action Item Revision of Bylaws for public attendance. The public is invited nrc.gov. Creation of the Chief Information to attend the Commission’s meeting live The NRC is holding the meetings Officer Position by webcast at the Web address—https:// under the authority of the Government X. Action Item Management Elections video.nrc.gov/. in the Sunshine Act, 5 U.S.C. 552b. XI. Action Item Grants to the Capital Corporations Week of June 14, 2021—Tentative Dated: June 3, 2021. XII. Action Item HPN Launchpad There are no meetings scheduled for For the Nuclear Regulatory Commission. Contract Extension the week of June 14, 2021. Wesley W. Held, XIII. Action Item LIFT 8.0 Week of June 21, 2021—Tentative Policy Coordinator, Office of the Secretary. XIV. Discussion Item Annual Ethics [FR Doc. 2021–12016 Filed 6–3–21; 4:15 pm] Review Tuesday, June 22, 2021 BILLING CODE 7590–01–P XV. Discussion Item Annual Review of 9 a.m. Briefing on Transformation at Governance Operations Guide the NRC—Midyear Review (Public XVI. Discussion Item Investment Policy Meeting); (Contact: Maria Arribas- Review Colon: 301–415–6026) SECURITIES AND EXCHANGE XVII. Management Program Background COMMISSION and Updates Additional Information: Due to XVIII. Adjournment COVID–19, there will be no physical Portions Open to the Public: public attendance. The public is invited [Release No. 34–92082; File No. SR– Everything except the Executive to attend the Commission’s meeting live PEARL–2021–25] Session. by webcast at the Web address—https:// Portions Closed to the Public: video.nrc.gov/. Self-Regulatory Organizations; MIAX Executive Session. Week of June 28, 2021—Tentative PEARL, LLC; Notice of Filing and Immediate Effectiveness of a Proposed CONTACT PERSON FOR MORE INFORMATION: There are no meetings scheduled for Rule Change To Amend Rule 531, Lakeyia Thompson, Special Assistant, the week of June 28, 2021. Reports and Market Data Products, To (202) 524–9940; [email protected]. Week of July 5, 2021—Tentative Adopt the Liquidity Taker Event Report Lakeyia Thompson, for Options Trading There are no meetings scheduled for Special Assistant. the week of July 5, 2021. [FR Doc. 2021–12020 Filed 6–3–21; 4:15 pm] June 1, 2021. BILLING CODE 7570–02–P Week of July 12, 2021—Tentative Pursuant to Section 19(b)(1) of the There are no meetings scheduled for Securities Exchange Act of 1934 the week of July 12, 2021. (‘‘Act’’),1 and Rule 19b–4 thereunder,2 NUCLEAR REGULATORY CONTACT PERSON FOR MORE INFORMATION: notice is hereby given that on May 19, COMMISSION For more information or to verify the 2021, MIAX PEARL, LLC (‘‘MIAX Pearl’’ status of meetings, contact Wesley Held or ‘‘Exchange’’) filed with the Securities [NRC–2021–0001] at 301–287–3591 or via email at and Exchange Commission [email protected]. The schedule for (‘‘Commission’’) the proposed rule Sunshine Act Meetings Commission meetings is subject to change as described in Items I and II below, which Items have been prepared TIME AND DATE: Weeks of June 7, 14, 21, change on short notice. by the Exchange. The Commission is 28, July 5, 12, 2021. The NRC Commission Meeting Schedule can be found on the internet publishing this notice to solicit PLACE: Commissioners’ Conference at: https://www.nrc.gov/public-involve/ comments on the proposed rule change Room, 11555 Rockville Pike, Rockville, public-meetings/schedule.html. from interested persons. Maryland. The NRC provides reasonable STATUS: Public. accommodation to individuals with 1 15 U.S.C. 78s(b)(1). MATTERS TO BE CONSIDERED: disabilities where appropriate. If you 2 17 CFR 240.19b–4.

VerDate Sep<11>2014 20:21 Jun 04, 2021 Jkt 253001 PO 00000 Frm 00088 Fmt 4703 Sfmt 4703 E:\FR\FM\07JNN1.SGM 07JNN1 khammond on DSKJM1Z7X2PROD with NOTICES 30338 Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Notices

I. Self-Regulatory Organization’s interactions with the Exchange. The The Exchange proposes to provide the Statement of the Terms of Substance of Exchange believes the Report will Report in response to Member demand the Proposed Rule Change provide Members with an opportunity for data concerning the timeliness of The Exchange is filing a proposal to to learn more about better opportunities their incoming orders and executions provide for the new ‘‘Liquidity Taker to access liquidity and receive better against resting orders. Members have Event Report’’. execution rates. The proposed Report periodically requested from the The text of the proposed rule change will increase transparency and Exchange’s trading operations personnel is available on the Exchange’s website at democratize information so that all information concerning the timeliness http://www.miaxoptions.com/rule- firms that subscribe to the Report have of their incoming orders and efficacy of filings/pearl at MIAX Pearl’s principal access to the same information on an their attempts to execute against resting office, and at the Commission’s Public equal basis, even for firms that do not liquidity on the Exchange’s Book. The Reference Room. have the appropriate resources to purpose of the Report is to provide generate a similar report regarding Members the necessary data in a II. Self-Regulatory Organization’s interactions with the Exchange. None of standardized format on a T+1 basis to Statement of the Purpose of, and the components of the proposed Report those that subscribe to the Report on an Statutory Basis for, the Proposed Rule include real-time market data. equal basis. Change Members generally would use a Proposed Exchange Rule 531(a) would In its filing with the Commission, the liquidity accessing order if there is a provide that the Report is a daily report Exchange included statements high probability that it will execute that provides a Member (‘‘Recipient concerning the purpose of and basis for against an order resting on the 6 Member’’) with its liquidity response the proposed rule change and discussed Exchange’s Book. The proposed Report time details for executions of an order any comments it received on the would identify by how much time an resting on the Book, where that proposed rule change. The text of these order that may have been marketable Recipient Member attempted to execute statements may be examined at the missed an execution. The proposed against such resting order within a places specified in Item IV below. The Report will provide greater visibility certain timeframe. Exchange has prepared summaries, set into the missed trading execution, forth in sections A, B, and C below, of which will allow Members to optimize Report Content their models and trading patterns to the most significant aspects of such Paragraph (a)(1) of Rule 531 would statements. yield better execution results. The proposed Report will be a describe the content of the Report and A. Self-Regulatory Organization’s Member-specific report and will help delineate which information would be 7 Statement of the Purpose of, and Members to better understand by how provided regarding the resting order, Statutory Basis for, the Proposed Rule much time a particular order missed the response that successfully executed Change executing against a specific resting against the resting order, and the response submitted by the Recipient 1. Purpose order, thus allowing that Member to determine whether it wants to invest in Member that missed executing against The Exchange proposes to amend the necessary resources and technology the resting order. It is important to note Exchange Rule 531(a) to provide for the to mitigate missed executions against that the content of the Report will be new ‘‘Liquidity Taker Event Report’’ certain resting orders on the Exchange’s specific to the Recipient Member and (the ‘‘Report’’). The proposed Report is Book. For example, Member A submits the Report will not include any identical to that previously adopted by an order that is posted to the Book and information related to any Member the Exchange’s affiliate, MIAX Emerald, then Member B enters a marketable other than the Recipient Member. The LLC (‘‘MIAX Emerald’’), and approved order to execute against Member A’s Exchange will restrict all other market by the Securities and Exchange participants, including the Recipient 3 resting order. Immediately thereafter, Commission (‘‘Commission’’). The Member C sends a marketable order to Member, from receiving another market proposed Report would only be execute against Member A’s resting participant’s data. available for options trading on the Order. Because Member B’s order is Resting Order Information. Rule Exchange. received by the Exchange before 531(a)(1)(i) would provide that the The Report is an optional product 4 Member C’s order, Member B’s order following information would be available to Members.5 Currently, the executes against Member A’s resting included in the Report regarding the Exchange provides real-time prices and order. The proposed Report would resting order: (A) The time the resting analytics in the marketplace. The provide Member C the data points order was received by the Exchange; 8 Exchange believes the additional data necessary for that firm to calculate by (B) symbol; (C) order reference number, points from the matching engine how much time they missed executing which is a unique reference number outlined below may help Members gain against Member A’s resting order. The assigned to a new order at the time of a better understanding about their Exchange proposes to provide the receipt; (D) whether the Recipient Report on a T+1 basis. As further Member is an Affiliate 9 of the Member 3 See Securities Exchange Act Release No. 91787 (May 6, 2021), 85 FR 26111 (May 12, 2021) (SR– described below, the Report will be EMERALD–2021–09) (Order Approving Proposed specific and tailored to the Member that 7 Only displayed orders will be included in the Rule Change to Adopt Exchange Rule 531(a), is subscribed to the Report and any data Report. The Exchange notes that it does not Reports, to Provide for a New ‘‘Liquidity Taker included in the Report that relates to a currently offer any non-displayed orders types on Event Report’’). Member other than the Member its options trading platform. 4 The Exchange intends to submit a separate filing 8 The time the Exchange received the resting with the Commission pursuant to Section 19(b)(1) receiving the Report will be order would be in nanoseconds and is the time the to propose fees for the Liquidity Taker Event anonymized. resting order was received by the Exchange’s Report. System. 5 The term ‘‘Member’’ means an individual or 6 The term ‘‘Book’’ means the electronic book of 9 The term ‘‘affiliate’’ of or person ‘‘affiliated organization approved to exercise the trading rights buy and sell orders and quotes maintained by the with’’ another person means a person who, directly, associated with a Trading Permit. Members are System. See Exchange Rule 100. The term ‘‘System’’ or indirectly, controls, is controlled by, or is under deemed ‘‘members’’ under the Exchange Act. See means the automated trading system used by the common control with, such other person. See Exchange Rule 100. Exchange for the trading of securities. See id. Exchange Rule 100.

VerDate Sep<11>2014 17:36 Jun 04, 2021 Jkt 253001 PO 00000 Frm 00089 Fmt 4703 Sfmt 4703 E:\FR\FM\07JNN1.SGM 07JNN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Notices 30339

that entered the resting order; 10 (E) against the first response will be fraudulent and manipulative acts and origin type (e.g., Priority Customer,11 included. practices, to promote just and equitable Market Maker 12); (F) side (buy or sell); Recipient Member’s Response principles of trade, to foster cooperation and (G) displayed price and size of the Information. Rule 531(a)(1)(iii) would and coordination with persons engaged resting order.13 provide that the following information in regulating, clearing, settling, Execution Information. Rule would be included in the Report processing information with respect to, 531(a)(1)(ii) would provide that the regarding response(s) sent by the and facilitating transactions in following information would be Recipient Member: (A) Recipient securities, to remove impediments to included in the Report regarding the Member identifier; (B) the time and perfect the mechanism of a free and execution of the resting order: (A) The difference between the time the first open market and a national market PBBO 14 at the time of execution; 15 (B) response that executes against the system, and, in general, to protect the ABBO 16 at the time of execution; 17 resting order was received by the investors and the public interest. This (C) the time first response that executes Exchange and the time of each response proposal is in keeping with those against the resting order was received by sent by the Recipient Member, principles in that it promotes increased the Exchange and the size of the regardless of whether it executed or transparency through the dissemination execution and type of the response; 18 not; 20 (C) size and type of each response of the optional Report to those (D) the time difference between the time submitted by Recipient Member; and (D) interested in subscribing to receive the the resting order was received by the response reference number, which is a data. Additionally, the Exchange Exchange and the time the first response unique reference number attached to the believes the proposed rule change is that executes against the resting order response by the Recipient Member. consistent with the Section 6(b)(5) 23 was received by the Exchange; 19 and (E) Timeframe for Data Included in Report requirement that the rules of an whether the response was entered by exchange not be designed to permit the Recipient Member. If the resting Paragraph (a)(2) of Rule 531 would unfair discrimination between order executes against multiple contra- provide that the Report would include customers, issuers, brokers, or dealers. side responses, only the PBBO and the data set forth under Rule 531(a)(1) The proposed Report is also identical to ABBO at the time of the execution described above for executions and a report previously adopted by the contra-side responses that occurred Exchange’s affiliate, MIAX Emerald, and 10 The Report will simply indicate whether the within 200 microseconds of the time the approved by the Commission.24 Recipient Member is an Affiliate of the Member that resting order was received by the Therefore, the proposed rule change entered the resting order and not include any other Exchange. information that may indicate the identity of the does not present any new or novel Member that entered the resting order. Scope of Data Included in the Report issues not previously considered by the 11 The term ‘‘Priority Customer’’ means a person Commission. or entity that (i) is not a broker or dealer in Paragraph (a)(3) of Rule 531 would The Exchange believes the proposed securities, and (ii) does not place more than 390 provide that the Report will only Report will serve to promote just and orders in listed options per day on average during include trading data related to the a calendar month for its own beneficial account(s). equitable principles of trade, remove The number of orders shall be counted in Recipient Member and, subject to the impediments to and perfect the accordance with Interpretation and Policy .01 to proposed paragraph (4) of Rule 531(a) mechanism of a free and open market Exchange Rule 100. See Exchange Rule 100. described below, will not include any and a national market system, and, in 12 The term ‘‘Market Maker’’ refers to ‘‘Lead other Member’s trading data other than general protect investors and the public Market Makers’’, ‘‘Primary Lead Market Makers’’ that listed in paragraphs (1)(i) and (ii) of and ‘‘Registered Market Makers’’ collectively. See interest because it will benefit investors Exchange Rule 100. Exchange Rule 531(a) described above. by facilitating their prompt access to the 13 The Exchange notes that the displayed price Historical Data value added information that is and size are also disseminated via the Exchange’s included in the proposed Report. The proprietary data feeds and the Options Price Paragraph (a)(4) of Rule 531 would Report will allow Members to access Reporting Authority (‘‘OPRA’’). The Exchange also specify that the Report will contain notes that the displayed price of the resting order information regarding their trading historical data from the prior trading may be different than the ultimate execution price. activity that they may utilize to evaluate day and will be available after the end This may occur when a resting order is displayed their own trading behavior and order and ranked at different prices upon entry to avoid of the trading day, generally on a T+1 interactions. a locked or crossed market. basis. 14 The term ‘‘PBBO’’ means the best bid or offer The proposed Report is designed for on the Exchange. See Exchange Rule 100. 2. Statutory Basis Members that are interested in gaining 15 Exchange Rule 531(a)(1)(ii)(A) would further The Exchange believes the proposed insight into latency in connection with provide that if the resting order executes against orders that failed to execute against an multiple contra-side responses, only the PBBO at rule change is consistent with the Act the time of the execution against the first response and the rules and regulations order resting on the Exchange’s Book by will be included. thereunder applicable to the Exchange providing those Members data to 16 The term ‘‘ABBO’’ or ‘‘Away Best Bid or Offer’’ analyze by how much time their order means the best bid(s) or offer(s) disseminated by and, in particular, the requirements of 21 may have missed an execution against a other Eligible Exchanges (defined in Exchange Rule Section 6(b) of the Act. Specifically, 1400(g)) and calculated by the Exchange based on the Exchange believes the proposed rule contra-side order resting on the Book. market information received by the Exchange from change is consistent with the Section The Exchange believes that providing OPRA. See Exchange Rule 100. 6(b)(5) 22 requirements that the rules of this optional latency data to interested 17 Exchange Rule 531(a)(1)(ii)(B) would further an exchange be designed to prevent Members is consistent with facilitating provide that if the resting order executes against transactions in securities, removing multiple contra-side responses, only the ABBO at the time of the execution against the first response 20 For purposes of calculating this duration of impediments to and perfecting the will be included. time, the Exchange will use the time the resting mechanism of a free and open market 18 The time the Exchange received the response order and the Recipient Member’s response(s) is and a national market system, and, in order would be in nanoseconds and would be the received by the Exchange’s network, both of which general, protecting investors and the time the response was received by the Exchange’s would be before the order and response(s) would network, which is before the time the response be received by the System. This time difference public interest because it provides would be received by the System. would be provided in nanoseconds. 19 The time difference would be provided in 21 15 U.S.C. 78f(b). 23 Id. nanoseconds. 22 15 U.S.C. 78f(b)(5). 24 See supra note 3.

VerDate Sep<11>2014 17:36 Jun 04, 2021 Jkt 253001 PO 00000 Frm 00090 Fmt 4703 Sfmt 4703 E:\FR\FM\07JNN1.SGM 07JNN1 khammond on DSKJM1Z7X2PROD with NOTICES 30340 Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Notices

greater visibility into the latency of Exchange, the symbol, unique reference identifier, and a response reference Members’ incoming orders. Members number assigned at the time of receipt, number which is selected by the may use this data to optimize their side (buy or sell), and the displayed Recipient Member. Each of these data models and trading patterns in an effort price and size of the resting order. points are unique to the Recipient to yield better execution results by Further, the symbol, origin type, side Member and should already be known calculating by how much time their (buy or sell), and displayed price and by Recipient Member even if not order may have missed an execution. size are also available either via OPRA included in the Report. As discussed above, the Exchange or the Exchange’s proprietary data feeds. The Exchange proposes to provide the currently fields ad hoc requests from The first bucket of information also Report on a voluntary basis and no Members for information regarding the indicates whether the Recipient Member Member will be required to subscribe to timeliness of their attempts to execute is an Affiliate of the Member that the Report. The Exchange notes that against resting options liquidity on the entered the resting order. This data field there is no rule or regulation that Exchange’s Book. The proposal is will not indicate the identity of the requires the Exchange to produce, or designed to offer this type of latency Member that entered the resting order that a Member elect to receive, the information in a systematized way and and would simply allow the Recipient Report. It is entirely a business decision standardized format to any Member that Member to better understand the of each Member to subscribe to the chooses to subscribe to the Report. As scenarios in which it may execute Report. The Exchange proposes to offer a result, the proposal will make latency against the orders of its Affiliates.26 the Report as a convenience to Members information for liquidity-seeking orders The second bucket of information to provide them with additional available in a more equalized manner contained in the Report regards the information regarding trading activity and will increase transparency, execution of the resting order and on the Exchange on a delayed basis after particularly for Recipient Members that includes the PBBO and ABBO at the the close of regular trading hours. A may not have the expertise to generate time of execution. These data points are Member that chooses to subscribe to the the same information on their own. The also available either via OPRA or the Report may discontinue receiving the proposed Report may better enable Exchange’s proprietary data feeds. The Report at any time if that Member Recipient Members to increase the fill second bucket of information will also determines that the information rates for their liquidity-seeking orders. indicate whether the response was contained in the Report is no longer At the same time, as is also discussed entered by the Recipient Member. This useful. above, the Report is designed to prevent data point is simply provided as a In summary, the proposed Report will a Recipient Member from learning other convenience. If not entered by the help to protect a free and open market Members’ sensitive trading information. Recipient Member, this data point will by providing additional data (offered on The Report would not be a real-time be left blank so as not to include any an optional basis) to the marketplace market data product, as it would identifying information about other and by providing investors with greater provide only historical trading data for Member activity. The second bucket of choices.27 Additionally, the proposal the previous trading day, generally on a information also includes the size, time would not permit unfair discrimination T+1 basis. In addition, the data in the and type of first response that executes because the proposed Report will be Report regarding incoming orders that against the resting order; as well as the available to all Exchange Members. failed to execute would be specific to time difference between the time the B. Self-Regulatory Organization’s the Recipient Member’s orders, and resting order and first response that Statement on Burden on Competition other information in the proposed executes against the resting order are Report regarding resting orders and received by the Exchange. These data The Exchange does not believe that executions would be anonymized if it points would assist the Recipient the proposed rule change will result in relates to a Member other than the Member in analyzing by how much time any burden on competition that is not Recipient Member. their order may have missed an necessary or appropriate in furtherance The Report generally contains three execution against a contra-side order of the purposes of the Act, as amended. buckets of information. The first two resting on the Book. The Exchange believes that the buckets include information about the The third bucket of information is proposed Report will enhance 28 resting order and the execution of the about the Recipient Member’s competition by providing a new resting order. This information is response(s) and the time their option for receiving market data to generally available from other public response(s) is received by the Exchange. Members. The proposed Report will also sources, such as OPRA and the This includes the time difference further enhance competition between Exchange’s proprietary data feeds, or is between the time the first response that exchanges by allowing the Exchange to similar to information included in a executes against the resting order was expand its product offerings to include report offered by another exchange. For received by the Exchange and the time a report similar to that currently offered example, OPRA provides bids, offers, of each response sent by the Recipient by the NASDAQ Stock Market LLC 29 and consolidated last sale and quotation Member, regardless of whether it (‘‘NASDAQ’’). information for options trading on all executed or not. As above, this data In this instance, the proposed rule national securities exchanges, including point would assist the Recipient change to offer the optional Report is in the Exchange. In addition, the Exchange Member in analyzing by how much time response to Member interest and offers the Top of Market (‘‘ToM’’) feed their order may have missed an requests for such information. The which provides real-time quote and last execution against a contra-side order Exchange does not believe the proposed sale information for all displayed orders resting on the Book. This bucket would Report will have an inappropriate 25 on the Book. also include the size and type of each 27 Specifically, the first bucket of response submitted by the Recipient See Sec. Indus. Fin. Mkts. Ass’n (SIFMA), information contained in the Report for Initial Decision Release No. 1015, 2016 SEC LEXIS Member, the Recipient Member 2278 (ALJ June 1, 2016) (finding the existence of the resting order includes the time the vigorous competition with respect to non-core resting order was received by the 26 The Exchange’s surveils to monitor for market data). abhorrent behavior related to internalized trades 28 Id. 25 See Section 6)a) of the Exchange’s fee schedule. and identify potential wash sales. 29 See NASDAQ Equity Section 7, Rule 146(a)(2).

VerDate Sep<11>2014 17:36 Jun 04, 2021 Jkt 253001 PO 00000 Frm 00091 Fmt 4703 Sfmt 4703 E:\FR\FM\07JNN1.SGM 07JNN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Notices 30341

burden on intra-market competition A proposed rule change filed under Electronic Comments between Recipient Members and other Rule 19b–4(f)(6) 34 normally does not • Members who do not receive the Report. become operative for 30 days after the Use the Commission’s internet As discussed above, the first two date of the filing. However, pursuant to comment form (http://www.sec.gov/ buckets of information included in the Rule 19b–4(f)(6)(iii),35 the Commission rules/sro.shtml); or Report contain information about the may designate a shorter time if such • Send an email to rule-comments@ resting order and the execution of the action is consistent with the protection sec.gov. Please include File Number SR– resting order, both of which are of investors and the public interest. The PEARL–2021–25 on the subject line. generally available to Members that Exchange has asked the Commission to choose not to receive the Report from Paper Comments waive the 30-day operative delay so that other public sources, such as OPRA and the proposed rule change may become • the Exchange’s proprietary data feeds. Send paper comments in triplicate The third bucket of information is about operative immediately. The Exchange to Secretary, Securities and Exchange the Recipient Member’s response and states that it is prepared to begin Commission, 100 F Street NE, the time their response is received by offering the Report upon the Washington, DC 20549–1090. effectiveness of this proposed rule the Exchange, information which the All submissions should refer to File change. The Exchange also argues that Recipient Member would be able to Number SR–PEARL–2021–25. This file waiver of the operative delay would obtain without receiving the Report. number should be included on the Additionally, some Members may allow the Exchange to provide a product subject line if email is used. To help the already be able to derive a substantial offering identical to that of its affiliate, Commission process and review your amount of the same data that is MIAX Emerald, as soon as practicable, comments more efficiently, please use provided by some of the components which in turn would reduce potential only one method. The Commission will based on their own executions and confusion in the near term about post all comments on the Commission’s algorithms. whether the Exchange is offering the internet website (http://www.sec.gov/ In sum, if the proposed Report is same report as its affiliate offers rules/sro.shtml). Copies of the unattractive to Members, Members will currently. For these reasons, the submission, all subsequent opt not to receive it. Accordingly, the Commission believes that waiver of the amendments, all written statements Exchange does not believe that the 30-day operative delay is consistent with respect to the proposed rule proposed change will impair the ability with the protection of investors and the of Members or competing order change that are filed with the public interest. Accordingly, the execution venues to maintain their Commission, and all written Commission hereby waives the 30-day competitive standing in the financial communications relating to the operative delay and designates the markets. proposed rule change between the proposal operative upon filing.36 C. Self-Regulatory Organization’s Commission and any person, other than At any time within 60 days of the Statement on Comments on the those that may be withheld from the filing of the proposed rule change, the Proposed Rule Change Received From public in accordance with the Members, Participants, or Others Commission summarily may provisions of 5 U.S.C. 552, will be temporarily suspend such rule change if available for website viewing and Written comments were neither it appears to the Commission that such solicited nor received. printing in the Commission’s Public action is necessary or appropriate in the Reference Room, 100 F Street NE, III. Date of Effectiveness of the public interest, for the protection of Washington, DC 20549, on official Proposed Rule Change and Timing for investors, or otherwise in furtherance of business days between the hours of Commission Action the purposes of the Act. If the 10:00 a.m. and 3:00 p.m. Copies of the The Exchange has filed the proposed Commission takes such action, the filing also will be available for rule change pursuant to Section Commission shall institute proceedings inspection and copying at the principal 19(b)(3)(A)(iii) of the Act 30 and Rule to determine whether the proposed rule office of the Exchange. All comments 19b–4(f)(6) thereunder.31 Because the change should be approved or received will be posted without change. proposed rule change does not: (i) disapproved. Persons submitting comments are Significantly affect the protection of IV. Solicitation of Comments cautioned that we do not redact or edit investors or the public interest; (ii) personal identifying information from impose any significant burden on Interested persons are invited to comment submissions. You should competition; and (iii) become operative submit written data, views, and submit only information that you wish for 30 days from the date on which it arguments concerning the foregoing, to make available publicly. All was filed, or such shorter time as the including whether the proposed rule submissions should refer to File Commission may designate, if change is consistent with the Act. Number SR–PEARL–2021–25, and consistent with the protection of Comments may be submitted by any of should be submitted on or before June investors and the public interest, the the following methods: proposed rule change has become 28, 2021. effective pursuant to Section 19(b)(3)(A) For the Commission, by the Division of 32 description and text of the proposed rule change, Trading and Markets, pursuant to delegated of the Act and Rule 19b–4(f)(6) at least five business days prior to the date of filing 33 37 thereunder. of the proposed rule change, or such shorter time authority. as designated by the Commission. The Exchange J. Matthew DeLesDernier, 30 has satisfied this requirement. 15 U.S.C. 78s(b)(3)(A)(iii). Assistant Secretary. 31 17 CFR 240.19b–4(f)(6). 34 17 CFR 240.19b–4(f)(6). [FR Doc. 2021–11798 Filed 6–4–21; 8:45 am] 32 15 U.S.C. 78s(b)(3)(A). 35 17 CFR 240.19b–4(f)(6)(iii). 33 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– 36 For purposes only of waiving the 30-day BILLING CODE 8011–01–P 4(f)(6)(iii) requires the Exchange to give the operative delay, the Commission has considered the Commission written notice of the Exchange’s intent proposed rule’s impact on efficiency, competition, 37 17 CFR 200.30–3(a)(12), (59). to file the proposed rule change, along with a brief and capital formation. See 15 U.S.C. 78c(f).

VerDate Sep<11>2014 17:36 Jun 04, 2021 Jkt 253001 PO 00000 Frm 00092 Fmt 4703 Sfmt 4703 E:\FR\FM\07JNN1.SGM 07JNN1 khammond on DSKJM1Z7X2PROD with NOTICES 30342 Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Notices

SECURITIES AND EXCHANGE SECURITIES AND EXCHANGE A. Self-Regulatory Organization’s COMMISSION COMMISSION Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Sunshine Act Meetings [Release No. 34–92078; File No. SR–CBOE– Change 2021–035] 1. Purpose TIME AND DATE: 2 p.m. on Thursday, June 10, 2021. Self-Regulatory Organizations; Cboe The purpose of this filing is to amend Exchange, Inc.; Notice of Filing and the Silexx Fees Schedule to amend the PLACE: The meeting will be held via Immediate Effectiveness of a Proposed ‘‘CAT File’’ fee.3 remote means and/or at the Rule Change To Amend the Silexx By way of background, the Silexx Commission’s headquarters, 100 F Trading Platform Fees Schedule platform consists of a ‘‘front-end’’ order Street NE, Washington, DC 20549. entry and management trading platform STATUS: This meeting will be closed to June 1, 2021. (also referred to as the ‘‘Silexx the public. Pursuant to Section 19(b)(1) of the terminal’’) for listed stocks and options Securities Exchange Act of 1934 that supports both simple and complex MATTERS TO BE CONSIDERED: 4 1 2 orders, and a ‘‘back-end’’ platform Commissioners, Counsel to the (‘‘Act’’), and Rule 19b–4 thereunder, notice is hereby given that on May 21, which provides a connection to the Commissioners, the Secretary to the infrastructure network. From the Silexx 2021, Cboe Exchange, Inc. (‘‘Exchange’’ Commission, and recording secretaries platform (i.e., the collective front-end or ‘‘Cboe Options’’) filed with the will attend the closed meeting. Certain and back-end platform), a Silexx user Securities and Exchange Commission staff members who have an interest in has the capability to send option orders the matters also may be present. (‘‘Commission’’) the proposed rule to U.S. options exchanges, send stock change as described in Items I, II, and In the event that the time, date, or orders to U.S. stock exchanges (and III below, which Items have been other trading centers), input parameters location of this meeting changes, an prepared by the Exchange. The announcement of the change, along with to control the size, timing, and other Commission is publishing this notice to variables of their trades, and also the new time, date, and/or place of the solicit comments on the proposed rule meeting will be posted on the includes access to real-time options and change from interested persons. stock market data, as well as access to Commission’s website at https:// certain historical data. The Silexx www.sec.gov. I. Self-Regulatory Organization’s Statement of the Terms of Substance of platform is designed so that a user may The General Counsel of the enter orders into the platform to send to the Proposed Rule Change Commission, or his designee, has an executing broker (including Trading certified that, in his opinion, one or Cboe Exchange, Inc. (the ‘‘Exchange’’ Permit Holders (‘‘TPHs’’)) of its choice more of the exemptions set forth in 5 or ‘‘Cboe Options’’) proposes to amend with connectivity to the platform, which U.S.C. 552b(c)(3), (5), (6), (7), (8), 9(B) the Silexx trading platform (‘‘Silexx’’ or broker will then send the orders to Cboe and (10) and 17 CFR 200.402(a)(3), the ‘‘platform’’) Fees Schedule. The text Options (if the broker is a TPH) or other (a)(5), (a)(6), (a)(7), (a)(8), (a)(9)(ii) and of the proposed rule change is provided U.S. exchanges (and trading centers) in (a)(10), permit consideration of the in Exhibit 5. accordance with the user’s instructions. scheduled matters at the closed meeting. With the exception of Silexx FLEX and The text of the proposed rule change Cboe Silexx, users cannot directly route The subject matter of the closed is also available on the Exchange’s orders through any of the current meeting will consist of the following website (http://www.cboe.com/ versions of Silexx to an exchange or topics: AboutCBOE/CBOELegalRegulatory trading center nor is the platform Institution and settlement of Home.aspx), at the Exchange’s Office of integrated into, or directly connected to, injunctive actions; the Secretary, and at the Commission’s Cboe Options’ System. The Exchange Institution and settlement of Public Reference Room. has more recently made available administrative proceedings; additional versions of the Silexx II. Self-Regulatory Organization’s platform, Silexx FLEX and Cboe Silexx, Resolution of litigation claims; and Statement of the Purpose of, and which do support the trading of FLEX Other matters relating to examinations Statutory Basis for, the Proposed Rule and non-FLEX Options, respectively, and enforcement proceedings. Change and allows authorized Users with direct At times, changes in Commission In its filing with the Commission, the access to the Exchange. The Silexx priorities require alterations in the Exchange included statements front-end and back-end platforms are a software application that are installed scheduling of meeting agenda items that concerning the purpose of and basis for locally on a user’s desktop. Silexx grants may consist of adjudicatory, the proposed rule change and discussed examination, litigation, or regulatory users licenses to use the platform, and any comments it received on the a firm or individual does not need to be matters. proposed rule change. The text of these statements may be examined at the CONTACT PERSON FOR MORE INFORMATION: 3 The Exchange initially filed the proposed fee For further information; please contact places specified in Item IV below. The changes [sic] May 1, 2021 (SR–CBOE–2021–032). Vanessa A. Countryman from the Office Exchange has prepared summaries, set On May 12, 2021, the Exchange withdrew that filing forth in sections A, B, and C below, of and SR–CBOE–2021–033. On May 21, 2021, the of the Secretary at (202) 551–5400. Exchange withdrew that filing and submitting [sic] the most significant aspects of such Dated: June 3, 2021. this filing. statements. 4 The platform also permits users to submit orders Vanessa A. Countryman, for commodity futures, commodity options and Secretary. other non-security products to be sent to designated contract markets, futures commission merchants, [FR Doc. 2021–11949 Filed 6–3–21; 11:15 am] 1 15 U.S.C. 78s(b)(1). introducing brokers or other applicable destinations BILLING CODE 8011–01–P 2 17 CFR 240.19b–4. of the users’ choice.

VerDate Sep<11>2014 17:36 Jun 04, 2021 Jkt 253001 PO 00000 Frm 00093 Fmt 4703 Sfmt 4703 E:\FR\FM\07JNN1.SGM 07JNN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Notices 30343

a TPH to license the platform. Use of users is reasonable as the Exchange Exchange believes that the proposed Silexx is completely optional. believes the CAT File fee is rule change will not impose any burden The Exchange recently adopted a fee substantially lower than the cost on intramarket competition because the for CAT Files.5 Particularly, Silexx assessed by third-party vendors for proposed rule changes apply to all makes Consolidated Audit Trail similar CAT files and is the same rate similarly situated users of Silexx (‘‘CAT’’)-formatted files available to for other similar reports (i.e., Equity uniformly. The Exchange notes that Silexx users for orders processed by the Order Reports). The Exchange notes it is CAT Files are available to all Silexx user via Silexx applications. Users may not changing the amount of the CAT users, and users have discretion to also elect to have Silexx, which is a File fee, but rather eliminating the determine which, if any, types of reports CAT Reporter Agent, submit these files current waiver for Silexx FLEX and to purchase. to CAT on their behalf. The Exchange Cboe Silexx users. The Exchange assesses a monthly fee of $250 per CAT believes the elimination of the waiver is The Exchange does not believe that Industry Member ID (‘‘IMID’’),6 payable reasonable, equitable and not unfairly the proposed rule changes will impose by the trading firm, for CAT Files. The discriminatory because all users who any burden on intermarket competition Exchange however currently waives the elect to receive CAT Files will now be that is not necessary or appropriate in CAT Files fee for Silexx FLEX and Cboe subject to the same monthly fee. furtherance of the purposes of the Act Silexx. The Exchange now wishes to Additionally, the Exchange originally because the proposed change applies eliminate the current CAT Files fee adopted the CAT Files fee waiver for only to Cboe Options and to the ability waiver and assess the monthly $250 fee Silexx FLEX and Cboe Silexx as such to receive certain reports from an to all Silexx users, including Silexx platforms at the time were still Exchange system. To the extent that the FLEX and Cboe Silexx users. The relatively new and the Exchange wished proposed changes make Cboe Options a Exchange proposes to also provide that to incentivize their use to market more attractive marketplace for market the CAT Files fee will be assessed per participants.10 The Exchange notes that participants at other exchanges, such trading firm, instead of per IMID. both platforms have now been available market participants are welcome to become Cboe Options market 2. Statutory Basis to market participants for over a year and therefore the Exchange no longer participants. The Exchange believes the proposed believes it’s necessary to continue to rule change is consistent with the provide market participants this C. Self-Regulatory Organization’s Securities Exchange Act of 1934 (the particular incentive. The Exchange also Statement on Comments on the ‘‘Act’’) and the rules and regulations believes it’s reasonable, equitable and Proposed Rule Change Received From thereunder applicable to the Exchange not unfairly discriminatory to assess the Members, Participants, or Others and, in particular, the requirements of CAT File fee per trading firm instead of The Exchange neither solicited nor Section 6(b) of the Act.7 Specifically, IMID. Particularly, the Exchange notes received comments on the proposed the Exchange believes the proposed rule it’s reasonable as trading firms with rule change. change is consistent with the Section more than one IMID would be subject to 6(b)(5) 8 requirements that the rules of less fees for CAT Files.11 Moreover, III. Date of Effectiveness of the an exchange be designed to prevent charging on a per trading firm basis is Proposed Rule Change and Timing for fraudulent and manipulative acts and consistent with how the Exchange Commission Action practices, to promote just and equitable assesses fees for other similar reports principles of trade, to foster cooperation (i.e., Equity Order Reports). The foregoing rule change has become and coordination with persons engaged Additionally, the proposed change effective pursuant to Section 19(b)(3)(A) in regulating, clearing, settling, applies to all users that elect to receive of the Act 12 and paragraph (f) of Rule processing information with respect to, CAT Files. The proposal is equitable 19b–4 13 thereunder. At any time within and facilitating transactions in and not unfairly discriminatory as it 60 days of the filing of the proposed rule securities, to remove impediments to applies to all users of Silexx FLEX and change, the Commission summarily may and perfect the mechanism of a free and Cboe Silexx uniformly. Finally, the temporarily suspend such rule change if open market and a national market Exchange notes receipt of the CAT Files it appears to the Commission that such system, and, in general, to protect is completely voluntary and not action is necessary or appropriate in the investors and the public interest. compulsory. Indeed, all users of Silexx public interest, for the protection of Additionally, the Exchange believes the are able to extract the necessary data investors, or otherwise in furtherance of proposed rule change is consistent with from Silexx to create a CAT report the purposes of the Act. If the Section 6(b)(4) of the Act,9 which themselves to comply with their Commission takes such action, the requires that Exchange rules provide for reporting obligations even if they choose Commission will institute proceedings the equitable allocation of reasonable not to purchase the optional CAT Files. to determine whether the proposed rule dues, fees, and other charges among its B. Self-Regulatory Organization’s change should be approved or Trading Permit Holders and other Statement on Burden on Competition disapproved. persons using its facilities. In particular, the Exchange believes Cboe Options does not believe that IV. Solicitation of Comments eliminating the current CAT File fee the proposed rule change will impose waiver for Silexx FLEX and Cboe Silexx any burden on competition that is not Interested persons are invited to necessary or appropriate in furtherance submit written data, views, and 5 See Securities Exchange Release No. 89285 (July of the purposes of the Act. The arguments concerning the foregoing, 10, 2020) 85 FR 43284 (July 16, 2020) (SR–CBOE– including whether the proposed rule 2020–062). 10 See Securities Exchange Release No. 89285 change is consistent with the Act. 6 CAT uses the IMID to determine the firm for (July 10, 2020) 85 FR 43284 (July 16, 2020) (SR– Comments may be submitted by any of which data is submitted and to facilitate event CBOE–2020–062). the following methods: linkages within a firm and between venues. 11 For example, if a trading firm has 2 IMIDs, that 7 15 U.S.C. 78f(b). trading firm will only be assessed $250 per month, 8 15 U.S.C. 78f(b)(5). as proposed, as compared to $500 per month under 12 15 U.S.C. 78s(b)(3)(A). 9 15 U.S.C. 78f(b)(4). the current methodology (2 × $250). 13 17 CFR 240.19b–4(f).

VerDate Sep<11>2014 17:36 Jun 04, 2021 Jkt 253001 PO 00000 Frm 00094 Fmt 4703 Sfmt 4703 E:\FR\FM\07JNN1.SGM 07JNN1 khammond on DSKJM1Z7X2PROD with NOTICES 30344 Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Notices

Electronic Comments SECURITIES AND EXCHANGE A. Self-Regulatory Organization’s Statement of the Purpose of, and • COMMISSION Use the Commission’s internet Statutory Basis for, the Proposed Rule comment form (http://www.sec.gov/ Change rules/sro.shtml); or [Release No. 34–92081; File No. SR–MIAX– 2021–21] 1. Purpose • Send an email to rule-comments@ sec.gov. Please include File Number SR– Self-Regulatory Organizations; Miami The Exchange proposes to amend CBOE–2021–035 on the subject line. International Securities Exchange, Exchange Rule 531(a) to provide for the LLC; Notice of Filing and Immediate new ‘‘Liquidity Taker Event Report’’ Paper Comments Effectiveness of a Proposed Rule (the ‘‘Report’’). The proposed Report is • Send paper comments in triplicate Change To Amend Rule 531, Reports identical to that previously adopted by to Secretary, Securities and Exchange and Market Data Products, To Adopt the Exchange’s affiliate, MIAX Emerald, Commission, 100 F Street NE, the Liquidity Taker Event Report LLC (‘‘MIAX Emerald’’), and approved by the Securities and Exchange Washington, DC 20549–1090. June 1, 2021. Commission (‘‘Commission’’).3 All submissions should refer to File Pursuant to Section 19(b)(1) of the The Report is an optional product 4 Number SR–CBOE–2021–035. This file Securities Exchange Act of 1934 available to Members.5 Currently, the number should be included on the (‘‘Act’’),1 and Rule 19b–4 thereunder,2 Exchange provides real-time prices and subject line if email is used. To help the notice is hereby given that on May 19, analytics in the marketplace. The Commission process and review your 2021, Miami International Securities Exchange believes the additional data comments more efficiently, please use Exchange, LLC (‘‘MIAX Options’’ or points from the matching engine outlined below may help Members gain only one method. The Commission will ‘‘Exchange’’) filed with the Securities a better understanding about their post all comments on the Commission’s and Exchange Commission interactions with the Exchange. The internet website (http://www.sec.gov/ (‘‘Commission’’) the proposed rule rules/sro.shtml). Copies of the Exchange believes the Report will change as described in Items I and II provide Members with an opportunity submission, all subsequent below, which Items have been prepared amendments, all written statements to learn more about better opportunities by the Exchange. The Commission is to access liquidity and receive better with respect to the proposed rule publishing this notice to solicit change that are filed with the execution rates. The proposed Report comments on the proposed rule change will increase transparency and Commission, and all written from interested persons. communications relating to the democratize information so that all proposed rule change between the I. Self-Regulatory Organization’s firms that subscribe to the Report have access to the same information on an Commission and any person, other than Statement of the Terms of Substance of equal basis, even for firms that do not those that may be withheld from the the Proposed Rule Change have the appropriate resources to public in accordance with the The Exchange is filing a proposal to generate a similar report regarding provisions of 5 U.S.C. 552, will be interactions with the Exchange. None of available for website viewing and amend Exchange Rule 531(a) to provide for the new ‘‘Liquidity Taker Event the components of the proposed Report printing in the Commission’s Public include real-time market data. Reference Room, 100 F Street NE, Report’’. Members generally would use a Washington, DC 20549 on official The text of the proposed rule change is available on the Exchange’s website at liquidity accessing order if there is a business days between the hours of high probability that it will execute http://www.miaxoptions.com/rule- 10:00 a.m. and 3:00 p.m. Copies of the against an order resting on the filings/ at MIAX Options’ principal filing also will be available for Exchange’s Book.6 The proposed Report office, and at the Commission’s Public inspection and copying at the principal would identify by how much time an office of the Exchange. All comments Reference Room. order that may have been marketable received will be posted without change. II. Self-Regulatory Organization’s missed an execution. The proposed Persons submitting comments are Statement of the Purpose of, and Report will provide greater visibility cautioned that we do not redact or edit Statutory Basis for, the Proposed Rule into the missed trading execution, personal identifying information from Change which will allow Members to optimize comment submissions. You should submit only information that you wish In its filing with the Commission, the 3 See Securities Exchange Act Release No. 91787 to make available publicly. All Exchange included statements (May 6, 2021), 85 FR 26111 (May 12, 2021) (SR– submissions should refer to File concerning the purpose of and basis for EMERALD–2021–09) (Order Approving Proposed Rule Change to Adopt Exchange Rule 531(a), Number SR–CBOE–2021–035 and the proposed rule change and discussed Reports, to Provide for a New ‘‘Liquidity Taker should be submitted on or before June any comments it received on the Event Report’’). 28, 2021. proposed rule change. The text of these 4 The Exchange intends to submit a separate filing with the Commission pursuant to Section 19(b)(1) For the Commission, by the Division of statements may be examined at the to propose fees for the Liquidity Taker Event Trading and Markets, pursuant to delegated places specified in Item IV below. The Report. authority.14 Exchange has prepared summaries, set 5 The term ‘‘Member’’ means an individual or forth in sections A, B, and C below, of organization approved to exercise the trading rights J. Matthew DeLesDernier, associated with a Trading Permit. Members are the most significant aspects of such Assistant Secretary. deemed ‘‘members’’ under the Exchange Act. See statements. Exchange Rule 100. [FR Doc. 2021–11796 Filed 6–4–21; 8:45 am] 6 The term ‘‘Book’’ means the electronic book of BILLING CODE 8011–01–P buy and sell orders and quotes maintained by the System. See Exchange Rule 100. The term ‘‘System’’ 1 15 U.S.C. 78s(b)(1). means the automated trading system used by the 14 17 CFR 200.30–3(a)(12). 2 17 CFR 240.19b–4. Exchange for the trading of securities. See id.

VerDate Sep<11>2014 17:36 Jun 04, 2021 Jkt 253001 PO 00000 Frm 00095 Fmt 4703 Sfmt 4703 E:\FR\FM\07JNN1.SGM 07JNN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Notices 30345

their models and trading patterns to provided regarding the resting order,7 MBBO 14 at the time of execution; 15 (B) yield better execution results. the response that successfully executed the ABBO 16 at the time of execution; 17 The proposed Report will be a against the resting order, and the (C) the time first response that executes Member-specific report and will help response submitted by the Recipient against the resting order was received by Members to better understand by how Member that missed executing against the Exchange and the size of the much time a particular order missed the resting order. It is important to note execution and type of the response; 18 executing against a specific resting that the content of the Report will be (D) the time difference between the time order, thus allowing that Member to specific to the Recipient Member and the resting order was received by the determine whether it wants to invest in the Report will not include any Exchange and the time the first response the necessary resources and technology information related to any Member that executes against the resting order to mitigate missed executions against other than the Recipient Member. The was received by the Exchange; 19 and (E) certain resting orders on the Exchange’s Exchange will restrict all other market whether the response was entered by Book. For example, Member A submits participants, including the Recipient the Recipient Member. If the resting an order that is posted to the Book and Member, from receiving another market order executes against multiple contra- then Member B enters a marketable participant’s data. side responses, only the MBBO and Resting Order Information. Rule order to execute against Member A’s ABBO at the time of the execution 531(a)(1)(i) would provide that the resting order. Immediately thereafter, against the first response will be following information would be Member C sends a marketable order to included. included in the Report regarding the execute against Member A’s resting Recipient Member’s Response resting order: (A) The time the resting Order. Because Member B’s order is Information. Rule 531(a)(1)(iii) would order was received by the Exchange; 8 provide that the following information received by the Exchange before (B) symbol; (C) order reference number, Member C’s order, Member B’s order would be included in the Report which is a unique reference number regarding response(s) sent by the executes against Member A’s resting assigned to a new order at the time of order. The proposed Report would Recipient Member: (A) Recipient receipt; (D) whether the Recipient Member identifier; (B) the time provide Member C the data points 9 Member is an Affiliate of the Member difference between the time the first necessary for that firm to calculate by 10 that entered the resting order; (E) response that executes against the how much time they missed executing 11 origin type (e.g., Priority Customer, resting order was received by the against Member A’s resting order. The Market Maker 12); (F) side (buy or sell); Exchange proposes to provide the Exchange and the time of each response and (G) displayed price and size of the sent by the Recipient Member, Report on a T+1 basis. As further 13 resting order. regardless of whether it executed or described below, the Report will be Execution Information. Rule not; 20 (C) size and type of each response specific and tailored to the Member that 531(a)(1)(ii) would provide that the submitted by Recipient Member; and (D) is subscribed to the Report and any data following information would be response reference number, which is a included in the Report that relates to a included in the Report regarding the unique reference number attached to the Member other than the Member execution of the resting order: (A) the receiving the Report will be response by the Recipient Member. anonymized. 7 Only displayed orders will be included in the Timeframe for Data Included in Report The Exchange proposes to provide the Report. The Exchange notes that it does not currently offer any non-displayed orders types on Paragraph (a)(2) of Rule 531 would Report in response to Member demand its options trading platform. provide that the Report would include for data concerning the timeliness of 8 The time the Exchange received the resting the data set forth under Rule 531(a)(1) their incoming orders and executions order would be in nanoseconds and is the time the resting order was received by the Exchange’s against resting orders. Members have 14 System. The term ‘‘MBBO’’ means the best bid or offer periodically requested from the on the Exchange. See Exchange Rule 100. 9 The term ‘‘affiliate’’ of or person ‘‘affiliated 15 Exchange’s trading operations personnel with’’ another person means a person who, directly, Exchange Rule 531(a)(1)(ii)(A) would further information concerning the timeliness or indirectly, controls, is controlled by, or is under provide that if the resting order executes against common control with, such other person. See multiple contra-side responses, only the EBBO [sic] of their incoming orders and efficacy of at the time of the execution against the first their attempts to execute against resting Exchange Rule 100. 10 The Report will simply indicate whether the response will be included. liquidity on the Exchange’s Book. The Recipient Member is an Affiliate of the Member that 16 The term ‘‘ABBO’’ or ‘‘Away Best Bid or Offer’’ purpose of the Report is to provide entered the resting order and not include any other means the best bid(s) or offer(s) disseminated by Members the necessary data in a information that may indicate the identity of the other Eligible Exchanges (defined in Exchange Rule 1400(g)) and calculated by the Exchange based on standardized format on a T+1 basis to Member that entered the resting order. 11 The term ‘‘Priority Customer’’ means a person market information received by the Exchange from those that subscribe to the Report on an or entity that (i) is not a broker or dealer in OPRA. See Exchange Rule 100. equal basis. securities, and (ii) does not place more than 390 17 Exchange Rule 531(a)(1)(ii)(B) would further provide that if the resting order executes against Proposed Exchange Rule 531(a) would orders in listed options per day on average during a calendar month for its own beneficial account(s). multiple contra-side responses, only the ABBO at provide that the Report is a daily report The number of orders shall be counted in the time of the execution against the first response that provides a Member (‘‘Recipient accordance with Interpretation and Policy .01 to will be included. Member’’) with its liquidity response Exchange Rule 100. See Exchange Rule 100. 18 The time the Exchange received the response time details for executions of an order 12 The term ‘‘Market Maker’’ refers to ‘‘Lead order would be in nanoseconds and would be the Market Makers’’, ‘‘Primary Lead Market Makers’’ time the response was received by the Exchange’s resting on the Book, where that and ‘‘Registered Market Makers’’ collectively. See network, which is before the time the response Recipient Member attempted to execute Exchange Rule 100. would be received by the System. against such resting order within a 13 The Exchange notes that the displayed price 19 The time difference would be provided in certain timeframe. and size are also disseminated via the Exchange’s nanoseconds. proprietary data feeds and the Options Price 20 For purposes of calculating this duration of Report Content Reporting Authority (‘‘OPRA’’). The Exchange also time, the Exchange will use the time the resting notes that the displayed price of the resting order order and the Recipient Member’s response(s) is Paragraph (a)(1) of Rule 531 would may be different than the ultimate execution price. received by the Exchange’s network, both of which This may occur when a resting order is displayed would be before the order and response(s) would describe the content of the Report and and ranked at different prices upon entry to avoid be received by the System. This time difference delineate which information would be a locked or crossed market. would be provided in nanoseconds.

VerDate Sep<11>2014 17:36 Jun 04, 2021 Jkt 253001 PO 00000 Frm 00096 Fmt 4703 Sfmt 4703 E:\FR\FM\07JNN1.SGM 07JNN1 khammond on DSKJM1Z7X2PROD with NOTICES 30346 Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Notices

described above for executions and Therefore, the proposed rule change The Report would not be a real-time contra-side responses that occurred does not present any new or novel market data product, as it would within 200 microseconds of the time the issues not previously considered by the provide only historical trading data for resting order was received by the Commission. the previous trading day, generally on a Exchange. The Exchange believes the proposed T+1 basis. In addition, the data in the Report will serve to promote just and Report regarding incoming orders that Scope of Data Included in the Report equitable principles of trade, remove failed to execute would be specific to Paragraph (a)(3) of Rule 531 would impediments to and perfect the the Recipient Member’s orders, and provide that the Report will only mechanism of a free and open market other information in the proposed include trading data related to the and a national market system, and, in Report regarding resting orders and Recipient Member and, subject to the general protect investors and the public executions would be anonymized if it proposed paragraph (4) of Rule 531(a) interest because it will benefit investors relates to a Member other than the described below, will not include any by facilitating their prompt access to the Recipient Member. other Member’s trading data other than value added information that is The Report generally contains three that listed in paragraphs (1)(i) and (ii) of included in the proposed Report. The buckets of information. The first two Exchange Rule 531(a) described above. Report will allow Members to access buckets include information about the information regarding their trading Historical Data resting order and the execution of the activity that they may utilize to evaluate resting order. This information is Paragraph (a)(4) of Rule 531 would their own trading behavior and order generally available from other public specify that the Report will contain interactions. sources, such as OPRA and the historical data from the prior trading The proposed Report is designed for Exchange’s proprietary data feeds, or is day and will be available after the end Members that are interested in gaining similar to information included in a of the trading day, generally on a T+1 insight into latency in connection with report offered by another exchange. For basis. orders that failed to execute against an example, OPRA provides bids, offers, order resting on the Exchange’s Book by 2. Statutory Basis and consolidated last sale and quotation providing those Members data to information for options trading on all The Exchange believes the proposed analyze by how much time their order national securities exchanges, including rule change is consistent with the Act may have missed an execution against a the Exchange. In addition, the Exchange and the rules and regulations contra-side order resting on the Book. offers the Top of Market (‘‘ToM’’) feed thereunder applicable to the Exchange The Exchange believes that providing which provides real-time quote and last and, in particular, the requirements of this optional latency data to interested sale information for all displayed orders 21 Section 6(b) of the Act. Specifically, Members is consistent with facilitating on the Book.25 the Exchange believes the proposed rule transactions in securities, removing Specifically, the first bucket of change is consistent with the Section impediments to and perfecting the information contained in the Report for 6(b)(5) 22 requirements that the rules of mechanism of a free and open market the resting order includes the time the an exchange be designed to prevent and a national market system, and, in resting order was received by the fraudulent and manipulative acts and general, protecting investors and the Exchange, the symbol, unique reference practices, to promote just and equitable public interest because it provides number assigned at the time of receipt, principles of trade, to foster cooperation greater visibility into the latency of side (buy or sell), and the displayed and coordination with persons engaged Members’ incoming orders. Members price and size of the resting order. in regulating, clearing, settling, may use this data to optimize their Further, the symbol, origin type, side processing information with respect to, models and trading patterns in an effort (buy or sell), and displayed price and and facilitating transactions in to yield better execution results by size are also available either via OPRA securities, to remove impediments to calculating by how much time their or the Exchange’s proprietary data feeds. and perfect the mechanism of a free and order may have missed an execution. The first bucket of information also As discussed above, the Exchange open market and a national market indicates whether the Recipient Member currently fields ad hoc requests from system, and, in general, to protect is an Affiliate of the Member that Members for information regarding the investors and the public interest. This entered the resting order. This data field timeliness of their attempts to execute proposal is in keeping with those will not indicate the identity of the against resting options liquidity on the principles in that it promotes increased Member that entered the resting order Exchange’s Book. The proposal is transparency through the dissemination and would simply allow the Recipient of the optional Report to those designed to offer this type of latency information in a systematized way and Member to better understand the interested in subscribing to receive the scenarios in which it may execute data. Additionally, the Exchange standardized format to any Member that 26 chooses to subscribe to the Report. As against the orders of its Affiliates. believes the proposed rule change is The second bucket of information 23 a result, the proposal will make latency consistent with the Section 6(b)(5) contained in the Report regards the information for liquidity-seeking orders requirement that the rules of an execution of the resting order and available in a more equalized manner exchange not be designed to permit includes the MBBO and ABBO at the and will increase transparency, unfair discrimination between time of execution. These data points are particularly for Recipient Members that customers, issuers, brokers, or dealers. also available either via OPRA or the may not have the expertise to generate The proposed Report is also identical to Exchange’s proprietary data feeds. The the same information on their own. The a report previously adopted by the second bucket of information will also proposed Report may better enable Exchange’s affiliate, MIAX Emerald, and indicate whether the response was Recipient Members to increase the fill approved by the Commission.24 entered by the Recipient Member. This rates for their liquidity-seeking orders.

21 At the same time, as is also discussed 15 U.S.C. 78f(b). 25 See Section 6)a) of the Exchange’s fee schedule. 22 15 U.S.C. 78f(b)(5). above, the Report is designed to prevent 26 The Exchange’s surveils to monitor for 23 Id. a Recipient Member from learning other abhorrent behavior related to internalized trades 24 See supra note 3. Members’ sensitive trading information. and identify potential wash sales.

VerDate Sep<11>2014 17:36 Jun 04, 2021 Jkt 253001 PO 00000 Frm 00097 Fmt 4703 Sfmt 4703 E:\FR\FM\07JNN1.SGM 07JNN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Notices 30347

data point is simply provided as a and by providing investors with greater competitive standing in the financial convenience. If not entered by the choices.27 Additionally, the proposal markets. Recipient Member, this data point will would not permit unfair discrimination C. Self-Regulatory Organization’s be left blank so as not to include any because the proposed Report will be Statement on Comments on the identifying information about other available to all Exchange Members. Proposed Rule Change Received From Member activity. The second bucket of Members, Participants, or Others information also includes the size, time B. Self-Regulatory Organization’s and type of first response that executes Statement on Burden on Competition Written comments were neither against the resting order; as well as the The Exchange does not believe that solicited nor received. time difference between the time the the proposed rule change will result in III. Date of Effectiveness of the resting order and first response that any burden on competition that is not Proposed Rule Change and Timing for executes against the resting order are necessary or appropriate in furtherance Commission Action received by the Exchange. These data of the purposes of the Act, as amended. points would assist the Recipient The Exchange believes that the The Exchange has filed the proposed rule change pursuant to Section Member in analyzing by how much time proposed Report will enhance 19(b)(3)(A)(iii) of the Act 30 and Rule their order may have missed an competition 28 by providing a new 19b–4(f)(6) thereunder.31 Because the execution against a contra-side order option for receiving market data to proposed rule change does not: (i) resting on the Book. Members. The proposed Report will also Significantly affect the protection of The third bucket of information is further enhance competition between investors or the public interest; (ii) about the Recipient Member’s exchanges by allowing the Exchange to impose any significant burden on response(s) and the time their expand its product offerings to include competition; and (iii) become operative response(s) is received by the Exchange. a report similar to that currently offered for 30 days from the date on which it This includes the time difference by the NASDAQ Stock Market LLC was filed, or such shorter time as the between the time the first response that (‘‘NASDAQ’’).29 Commission may designate, if executes against the resting order was In this instance, the proposed rule received by the Exchange and the time consistent with the protection of change to offer the optional Report is in investors and the public interest, the of each response sent by the Recipient response to Member interest and Member, regardless of whether it proposed rule change has become requests for such information. The effective pursuant to Section 19(b)(3)(A) executed or not. As above, this data Exchange does not believe the proposed point would assist the Recipient of the Act 32 and Rule 19b–4(f)(6) Report will have an inappropriate thereunder.33 Member in analyzing by how much time burden on intra-market competition their order may have missed an A proposed rule change filed under between Recipient Members and other 34 execution against a contra-side order Rule 19b–4(f)(6) normally does not Members who do not receive the Report. become operative for 30 days after the resting on the Book. This bucket would As discussed above, the first two also include the size and type of each date of the filing. However, pursuant to buckets of information included in the 35 response submitted by the Recipient Rule 19b–4(f)(6)(iii), the Commission Report contain information about the Member, the Recipient Member may designate a shorter time if such resting order and the execution of the identifier, and a response reference action is consistent with the protection resting order, both of which are number which is selected by the of investors and the public interest. The generally available to Members that Recipient Member. Each of these data Exchange has asked the Commission to choose not to receive the Report from points are unique to the Recipient waive the 30-day operative delay so that other public sources, such as OPRA and Member and should already be known the proposed rule change may become the Exchange’s proprietary data feeds. by Recipient Member even if not operative immediately. The Exchange The third bucket of information is about included in the Report. states that it is prepared to begin The Exchange proposes to provide the the Recipient Member’s response and offering the Report upon the Report on a voluntary basis and no the time their response is received by effectiveness of this proposed rule Member will be required to subscribe to the Exchange, information which the change. The Exchange also argues that the Report. The Exchange notes that Recipient Member would be able to waiver of the operative delay would there is no rule or regulation that obtain without receiving the Report. allow the Exchange to provide a product requires the Exchange to produce, or Additionally, some Members may offering identical to that of its affiliate, that a Member elect to receive, the already be able to derive a substantial MIAX Emerald, as soon as practicable, Report. It is entirely a business decision amount of the same data that is which in turn would reduce potential of each Member to subscribe to the provided by some of the components confusion in the near term about Report. The Exchange proposes to offer based on their own executions and whether the Exchange is offering the the Report as a convenience to Members algorithms. same report as its affiliate offers to provide them with additional In sum, if the proposed Report is currently. For these reasons, the information regarding trading activity unattractive to Members, Members will on the Exchange on a delayed basis after opt not to receive it. Accordingly, the 30 15 U.S.C. 78s(b)(3)(A)(iii). the close of regular trading hours. A Exchange does not believe that the 31 17 CFR 240.19b–4(f)(6). Member that chooses to subscribe to the proposed change will impair the ability 32 15 U.S.C. 78s(b)(3)(A). Report may discontinue receiving the of Members or competing order 33 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– execution venues to maintain their 4(f)(6)(iii) requires the Exchange to give the Report at any time if that Member Commission written notice of the Exchange’s intent determines that the information to file the proposed rule change, along with a brief contained in the Report is no longer 27 See Sec. Indus. Fin. Mkts. Ass’n (SIFMA), description and text of the proposed rule change, useful. Initial Decision Release No. 1015, 2016 SEC LEXIS at least five business days prior to the date of filing 2278 (ALJ June 1, 2016) (finding the existence of of the proposed rule change, or such shorter time In summary, the proposed Report will vigorous competition with respect to non-core as designated by the Commission. The Exchange help to protect a free and open market market data). has satisfied this requirement. by providing additional data (offered on 28 Id. 34 17 CFR 240.19b–4(f)(6). an optional basis) to the marketplace 29 See NASDAQ Equity Section 7, Rule 146(a)(2). 35 17 CFR 240.19b–4(f)(6)(iii).

VerDate Sep<11>2014 17:36 Jun 04, 2021 Jkt 253001 PO 00000 Frm 00098 Fmt 4703 Sfmt 4703 E:\FR\FM\07JNN1.SGM 07JNN1 khammond on DSKJM1Z7X2PROD with NOTICES 30348 Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Notices

Commission believes that waiver of the provisions of 5 U.S.C. 552, will be will receive the meeting number and 30-day operative delay is consistent available for website viewing and password. Members of the public who with the protection of investors and the printing in the Commission’s Public will participate are encouraged to dial public interest. Accordingly, the Reference Room, 100 F Street NE, into the meeting 10 minutes prior to the Commission hereby waives the 30-day Washington, DC 20549, on official start of the meeting. operative delay and designates the business days between the hours of Purpose of Meeting and Topics to be proposal operative upon filing.36 10:00 a.m. and 3:00 p.m. Copies of the Discussed: The Advisory Committee At any time within 60 days of the filing also will be available for will announce grant recipients for the filing of the proposed rule change, the inspection and copying at the principal 2021 funding opportunity for the Commission summarily may office of the Exchange. All comments Program for the Study of Eastern Europe temporarily suspend such rule change if received will be posted without change. and the Independent States of the it appears to the Commission that such Persons submitting comments are Former Soviet Union, in accordance action is necessary or appropriate in the cautioned that we do not redact or edit with the Research and Training for public interest, for the protection of personal identifying information from Eastern Europe and the Independent investors, or otherwise in furtherance of comment submissions. You should States of the Former Soviet Union Act the purposes of the Act. If the submit only information that you wish of 1983, Public Law 98–164, as Commission takes such action, the to make available publicly. All amended. The agenda will include Commission shall institute proceedings submissions should refer to File opening statements by the Committee to determine whether the proposed rule Number SR–MIAX–2021–21, and chair and Committee members. The change should be approved or should be submitted on or before June Committee will provide an overview disapproved. 28, 2021. and discussion of eligible grant proposals submitted from national IV. Solicitation of Comments For the Commission, by the Division of Trading and Markets, pursuant to delegated organizations with an interest and Interested persons are invited to authority.37 expertise in conducting research and submit written data, views, and J. Matthew DeLesDernier, training concerning the countries of arguments concerning the foregoing, Assistant Secretary. Eastern Europe and the Independent including whether the proposed rule States of the Former Soviet Union,’’ [FR Doc. 2021–11797 Filed 6–4–21; 8:45 am] change is consistent with the Act. based on the guidelines set forth in the Comments may be submitted by any of BILLING CODE 8011–01–P March 23, 2021 request for proposals the following methods: published on Grants.gov and SAMS Electronic Comments Domestic (mygrants.service-now.com). DEPARTMENT OF STATE Following Committee deliberation, • Use the Commission’s internet [Public Notice 11438] interested members of the public may comment form (http://www.sec.gov/ make oral statements concerning the rules/sro.shtml); or Notice of the Program for the Study of Title VIII program. This meeting will be • Send an email to rule-comments@ Eastern Europe and Eurasia (Title VIII) open to the public; however, attendees sec.gov. Please include File Number SR– Advisory Committee Open Virtual must register in advance. MIAX–2021–21 on the subject line. Meeting Sidni J. Dechaine, Paper Comments ACTION: Notice of an advisory committee Designated Federal Officer, Advisory • Send paper comments in triplicate open meeting. Committee for the Program for the Study Of to Secretary, Securities and Exchange Eastern Europe and the Independent States Commission, 100 F Street NE, SUMMARY: Pursuant to Section 10 of the of the Former Soviet Union, Department of State. Washington, DC 20549–1090. Federal Advisory Committee Act [FR Doc. 2021–11826 Filed 6–4–21; 8:45 am] All submissions should refer to File (FACA), notice is hereby given to BILLING CODE 4710–32–P Number SR–MIAX–2021–21. This file announce a public virtual meeting of the number should be included on the Title VIII Advisory Committee on Thursday, July 1, 2021. subject line if email is used. To help the DEPARTMENT OF STATE Commission process and review your DATES: The meeting will begin at comments more efficiently, please use approximately 1:30 p.m. Eastern [Public Notice 11437] only one method. The Commission will Daylight Time (EDT) on Thursday, July Notice of Public Meeting in Preparation post all comments on the Commission’s 1, 2021 via Google Meets and adjourn at for International Maritime Organization internet website (http://www.sec.gov/ approximately 4:00 p.m. EDT. III 7 Meeting rules/sro.shtml). Copies of the FOR FURTHER INFORMATION CONTACT: submission, all subsequent Designated Federal Officer, Ms. Sidni The Department of State will conduct amendments, all written statements Dechaine, Title VIII Program Officer, a public meeting at 11:00 a.m. on with respect to the proposed rule Department of State, Bureau of Wednesday, June 30, 2021, by way of change that are filed with the Intelligence and Research, TitleVIII@ teleconference. The primary purpose of Commission, and all written state.gov. the meeting is to prepare for the seventh communications relating to the SUPPLEMENTARY INFORMATION: All session of the International Maritime proposed rule change between the meeting participants are being asked to Organization’s (IMO) Sub-Committee on Commission and any person, other than RSVP by Tuesday, June 29, 2021 via Implementation of IMO Instruments (III those that may be withheld from the email to [email protected], subject line 7) to be held virtually from Monday, public in accordance with the ‘‘Title VIII Advisory Committee Public July 12, 2021 to Friday, July 16, 2021. Meeting 2021.’’ Upon receipt of the The agenda items to be considered at 36 For purposes only of waiving the 30-day the public meeting mirror those to be operative delay, the Commission has considered the RSVP, attendees will be registered, and proposed rule’s impact on efficiency, competition, considered at III 7, and include: and capital formation. See 15 U.S.C. 78c(f). 37 17 CFR 200.30–3(a)(12), (59). —Decisions of other IMO bodies;

VerDate Sep<11>2014 17:36 Jun 04, 2021 Jkt 253001 PO 00000 Frm 00099 Fmt 4703 Sfmt 4703 E:\FR\FM\07JNN1.SGM 07JNN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Notices 30349

—Consideration and analysis of reports SURFACE TRANSPORTATION BOARD 49 U.S.C. 10905.2 That petition will be on alleged inadequacy of port addressed in a subsequent decision. [Docket No. AB 1094X] reception facilities; Petitions to stay that do not involve environmental issues,3 formal —Lessons learned and safety issues City of Los Angeles—Abandonment expressions of intent to file an OFA identified from the analysis of marine Exemption—in Los Angeles County, under 49 CFR 1152.27(c)(2), and interim safety investigation reports; Cal. trail use/rail banking requests under 49 —Measures to harmonize port state The City of Los Angeles (the City) has CFR 1152.29 must be filed by June 17, control (PSC) activities and filed a verified notice of exemption 2021.4 Petitions to reopen or requests procedures worldwide; under 49 CFR part 1152 subpart F— for public use conditions under 49 CFR —Identified issues related to the Exempt Abandonments to abandon a 1152.28 must be filed by June 28, 2021. 2.6-mile portion of a rail line known as implementation of IMO instruments All pleadings, referring to Docket No. the San Pedro Subdivision extending from the analysis of PSC data; AB 1094X, should be filed with the from milepost 4.00 (north of Front Street Surface Transportation Board via e- —Analysis of consolidated audit and east of the Gaffey Street Lead) to the filing on the Board’s website. In summary reports; end of the line at milepost 6.60 in Los addition, a copy of each pleading must —Updated survey guidelines under the Angeles County, Cal. (the Line). The be served on the City’s representative, Harmonized System of Survey and Line traverses U.S. Postal Service Zip Allison I. Fultz, Kaplan Kirsch & Certification (HSSC); Code 90731. Rockwell, 1001 Connecticut Avenue The City has certified that: (1) No NW, Suite 800, Washington, DC 20036. —Non-exhaustive list of obligations local traffic has moved over the Line for If the verified notice contains false or under the instruments relevant to the at least two years; (2) no overhead traffic misleading information, the exemption IMO Instruments Implementation will need to be rerouted because the is void ab initio. Code (III Code); and Line is stub-ended; (3) no formal The City has filed a combined —Unified interpretation of provisions of complaint filed by a user of rail service environmental and historic report that IMO safety, security, and environment on the Line (or by a state or local addresses the potential effects, if any, of related conventions. government entity acting on behalf of the abandonment on the environment such user) regarding cessation of service —Follow-up work emanating from the and historic resources. OEA will issue a over the Line either is pending with the Draft Environmental Assessment (Draft Action Plan to address plastic litter Surface Transportation Board (Board) or EA) by June 11, 2021. The Draft EA will from ships. with any U.S. District Court or has been be available to interested persons on the —Review the model agreement for the decided in favor of a complainant Board’s website, by writing to OEA, or authorization of recognized within the two-year period; and (4) the by calling OEA at (202) 245–0305. organizations acting on behalf of the requirements of 49 CFR 1105.7 and Assistance for the hearing impaired is Administration. 1105.8 (notice of environmental and available through the Federal Relay historic reports), 49 CFR 1105.9 (Coastal Service at (800) 877–8339. Comments Please note: The IMO may, on short Zone Management Act), 49 CFR 1105.11 on environmental and historic notice, adjust the III 7 agenda to (transmittal letter), 49 CFR 1105.12 preservation matters must be filed accommodate the constraints associated (newspaper publication), and 49 CFR within 15 days after the Draft EA with the virtual meeting format. Any 1152.50(d)(1) (notice to governmental becomes available to the public. changes to the agenda will be reported agencies) have been met. Environmental, historic preservation, to those who RSVP and those in As a condition to this exemption, any public use, or interim trail use/rail attendance at the meeting. employee adversely affected by the banking conditions will be imposed, abandonment shall be protected under Those who plan to participate may where appropriate, in a subsequent Oregon Short Line Railroad— contact the meeting coordinator, Mr. decision. Abandonment Portion Goshen Branch Pursuant to the provisions of 49 CFR Christopher Gagnon, by email at Between Firth & Ammon, in Bingham & [email protected], by 1152.29(e)(2), the City shall file a notice Bonneville Counties, Idaho, 360 I.C.C. of consummation with the Board to phone at (202) 372–1231, or in writing 91 (1979). To address whether this at 2703 Martin Luther King Jr. Ave. SE, condition adequately protects affected 2 While this is not the preferred procedural Stop 7501, Washington DC 20593–7509. employees, a petition for partial approach, it will be permitted here. See Union Pac. Members of the public needing revocation under 49 U.S.C. 10502(d) R.R.—Aban. Exemption—in Adams, Weld & reasonable accommodation should must be filed. Boulder Cntys., Colo., AB 33 (Sub-No. 307X), slip advise Mr. Gagnon not later than June op. at 1 n.2 (STB served Oct. 18, 2012) (‘‘Even if Provided no formal expression of the abandonment is eligible for a class exemption, 23, 2021. Requests made after that date intent to file an offer of financial if a petitioner also seeks exemptions that must be will be considered, but might not be assistance (OFA) has been received,1 the ruled upon by the entire Board, the better practice possible to fulfill. exemption will be effective on July 7, is to file one petition for exemption seeking both the abandonment and any other requested Additional information regarding this 2021, unless stayed pending exemptions.’’). and other IMO public meetings may be reconsideration. The City 3 The Board will grant a stay if an informed found at: https://www.dco.uscg.mil/ simultaneously has filed in this decision on environmental issues (whether raised proceeding a petition for exemption by a party or by the Board’s Office of Environmental IMO. from the OFA provisions at 49 U.S.C. Analysis (OEA) in its independent investigation) cannot be made before the exemption’s effective Jeremy M. Greenwood, 10904 and the public use provisions at date. See Exemption of Out-of-Serv. Rail Lines, 5 Coast Guard Liaison Officer, Office of Ocean I.C.C.2d 377 (1989). Any request for a stay should and Polar Affairs, Department of State. 1 Persons interested in submitting an OFA must be filed as soon as possible so that the Board may first file a formal expression of intent to file an take appropriate action before the exemption’s [FR Doc. 2021–11818 Filed 6–4–21; 8:45 am] offer, indicating the type of financial assistance they effective date. BILLING CODE 4710–09–P wish to provide (i.e., subsidy or purchase) and 4 Filing fees for OFAs and trail use requests can demonstrating that they are preliminarily be found at 49 CFR 1002.2(f)(25) and (27), financially responsible. See 49 CFR 1152.27(c)(2)(i). respectively.

VerDate Sep<11>2014 17:36 Jun 04, 2021 Jkt 253001 PO 00000 Frm 00100 Fmt 4703 Sfmt 4703 E:\FR\FM\07JNN1.SGM 07JNN1 khammond on DSKJM1Z7X2PROD with NOTICES 30350 Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Notices

signify that it has exercised the SUPPLEMENTARY INFORMATION: (HTSUS) included in the annex to that authority granted and fully abandoned notice. The March 31, 2021 notice I. Proceedings in the Investigation the Line. If consummation has not been requested comments on the proposed effected by the City’s filing of a notice Italy has adopted a DST that applies action as well as on other potential of consummation by June 7, 2022, and to companies that during the previous actions in the investigation. Witnesses there are no legal or regulatory barriers calendar year, generated Ö750 million or provided testimony at public hearings to consummation, the authority to more in worldwide revenues and Ö5.5 on May 3 and May 6, 2021, and abandon will automatically expire. million or more in revenues deriving interested persons filed written Board decisions and notices are from the provision of digital services in comments. Transcripts from the available at www.stb.gov. Italy. On June 2, 2020, the U.S. Trade hearings are available on the USTR Representative initiated an investigation Decided: June 1, 2021. website at: https://ustr.gov/issue-areas/ of Italy’s DST pursuant to section enforcement/section-301-investigations/ By the Board, Scott M. Zimmerman, Acting 302(b)(1)(A) of the Trade Act of 1974, as Director, Office of Proceedings. section-301-digital-services-taxes. The amended (Trade Act). See 85 FR 34709 Kenyatta Clay, written public submissions are available (June 5, 2020) (notice of initiation). The at: https://comments.ustr.gov/s/ Clearance Clerk. notice of initiation solicited written docket?docketNumber=USTR-2021- [FR Doc. 2021–11822 Filed 6–4–21; 8:45 am] comments on, inter alia, the following 0004 and https://comments.ustr.gov/s/ BILLING CODE 4915–01–P aspects of Italy’s DST: Discrimination docket?docketNumber=USTR-2021- against U.S. companies; retroactivity; 0008. and possibly unreasonable tax policy. OFFICE OF THE UNITED STATES With respect to tax policy, USTR II. Determination of Action To Be TRADE REPRESENTATIVE solicited comments on, inter alia, Taken in the Investigation [Docket Number USTR–2021–0004] whether the DST diverged from In accordance with section 301(b) of principles reflected in the U.S. and the Trade Act, the U.S. Trade Notice of Action in the Section 301 international tax systems including Representative has determined that Investigation of Italy’s Digital Services extraterritoriality; taxing revenue not action is appropriate in this Tax income; and a purpose of penalizing investigation. Section 301(b) provides particular technology companies for that upon determining that the acts, AGENCY: Office of the United States their commercial success. Interested policies, and practices under Trade Representative (USTR). persons filed over 380 written investigation are actionable and that ACTION: Notice. submissions in response. The public action is appropriate, the U.S. Trade submissions are available on Representative shall take all appropriate SUMMARY: On January 6, 2021, the U.S. www.regulations.gov in docket number and feasible action authorized under Trade Representative announced a USTR–2020–0022. section 301(c) of the Trade Act, subject determination that Italy’s Digital Under section 303 of the Trade Act, to the specific direction, if any, of the Services Tax (DST) is unreasonable or the U.S. Trade Representative requested President regarding such action, and all discriminatory and burdens or restricts consultations with the government of other appropriate and feasible action U.S. commerce. This notice announces Italy regarding the issues involved in within the power of the President that the U.S. Trade Representative’s the investigation. Consultations were the President may direct the U.S. Trade determination to take action in the form held on November 10, 2020. Based on Representative to take under section of additional duties of 25 percent on the information obtained during the 301(b), to obtain the elimination of that products of Italy specified in Annex A investigation, USTR prepared a act, policy, or practice. Section to this notice. The U.S. Trade comprehensive report on Italy’s DST, 304(a)(2)(B) provides that the U.S. Trade Representative has further determined which is posted on the USTR website at Representative shall make the to suspend application of the additional https://ustr.gov/issue-areas/ determination of what action to take on duties for a period of up to 180 days. enforcement/section-301-investigations/ or before the date that is 12 months after DATES: section-301-digital-services-taxes. The the date on which the investigation was June 2, 2021: The U.S. Trade report includes a full description of initiated, or in this case, by June 2, Representative determined to take Italy’s DST, and supports findings that 2021. action in the form of additional duties Italy’s DST is unreasonable and Pursuant to sections 301(b) and (c) of of 25 percent on products of Italy discriminatory and burdens or restricts the Trade Act, and in accordance with specified in Annex A. U.S. commerce. On January 6, 2021, the advice of the Section 301 November 29, 2021: The end of the based on the information obtained Committee, the U.S. Trade 180-day suspension period for the during the investigation and the advice Representative has determined that additional duties. of the Section 301 Committee, the U.S. appropriate action is the imposition of FOR FURTHER INFORMATION CONTACT: For Trade Representative determined that ad valorem duties of 25 percent on questions concerning the investigation, Italy’s DST is unreasonable or products of Italy specified in Annex A please contact Benjamin Allen, Thomas discriminatory and burdens or restricts to this notice. Annex A contains a list Au, or Patrick Childress, Assistant U.S. commerce, and therefore is of 44 tariff subheadings, with an General Counsels at: (202) 395–9439, actionable under sections 301(b) and estimated trade value for calendar year (202) 395–0380, and (202) 385–9531, 304(a) of the Trade Act. See 86 FR 2477 2019 of approximately $386 million. In respectively; Robert Tanner, Director, (January 12, 2021). making this determination, the U.S. Services and Investment at (202) 395– On March 31, 2021, USTR issued a Trade Representative considered the 6125; or Michael Rogers, Director for notice proposing that appropriate action public comments submitted in the Europe and the Middle East at (202) would include additional ad valorem investigation, as well as advice of 395–2684. For specific questions on duties of up to 25 percent on products advisory committees. In determining the customs classification or of Italy to be drawn from a list of 59 level of trade covered by the additional implementation of additional duties on tariff subheadings of the Harmonized duties, the U.S. Trade Representative products, contact [email protected]. Tariff Schedule of the United States considered the value of digital

VerDate Sep<11>2014 17:36 Jun 04, 2021 Jkt 253001 PO 00000 Frm 00101 Fmt 4703 Sfmt 4703 E:\FR\FM\07JNN1.SGM 07JNN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Notices 30351

transactions covered by Italy’s DST and 12:01 a.m. eastern standard time on 9802.00.50 and 9802.00.60, the the amount of taxes assessed by Italy on November 29, 2021, only may be additional duties apply to the value of U.S. companies. Estimates indicate that admitted as ‘privileged foreign status’ as repairs, alterations or processing the value of the DST payable by U.S.- defined in 19 CFR 146.41. Such performed in Italy and as described in based company groups to Italy will be products will be subject upon entry for the applicable subheading. For heading up to approximately $140 million per consumption to any ad valorem rates of 9802.00.80, the additional duties apply year. The level of trade covered by the duty or quantitative limitations related to the value of the article less the cost action takes into account estimates of to the classification under the or value of such products of the United the amount of tariffs to be collected on applicable HTSUS subheading. States, as described in heading goods of Italy and the estimates of the The U.S. Trade Representative will 9802.00.80. amount of taxes assessed by Italy. continue to monitor the effect of the Products of Italy that are provided for Section 305(a) of the Trade Act trade action, the progress of discussions in heading 9903.90.04 and classified in provides, in pertinent part, that the U.S. in the Organisation for Economic Co- one of the subheadings enumerated in Trade Representative may delay operation and Development and G20, note 25(b) to this subchapter shall implementation of the action to be taken the progress of discussions with Italy, continue to be subject to antidumping, for up to 180 days ‘‘if the Trade and may adopt appropriate countervailing or other duties Representative determines that modifications. If a modification to the (including duties imposed by other substantial progress is being made, or action may be appropriate, the U.S. provisions of subchapter III of this that a delay is necessary or desirable Trade Representative will consider the chapter and safeguard duties set forth in . . . to obtain . . . [a] satisfactory comments received in response to the provisions of subchapter IV of this solution with respect to the acts, March 31, 2021 notice. chapter), fees, exactions and charges policies, or practices that are the subject that apply to such products, as well as Greta Peisch, of the action.’’ Pursuant to section to the additional duties imposed herein. 305(a), the U.S. Trade Representative General Counsel, Office of the United States (b) Heading 9903.90.04 shall apply to Trade Representative. has determined to suspend the all products of Italy that are classified in additional duties for up to 180 days Annex A the subheadings enumerated below: (that is, up to November 29, 2021) to 1604.31.00 allow additional time for multilateral Effective with respect to goods 1604.32.40 and bilateral discussions that could lead entered for consumption, or withdrawn to a satisfactory resolution of this from warehouse for consumption, on or 3303.00.20 matter. after 12:01 a.m. eastern standard time on 3307.90.00 In order to implement this November 29, 2021, subchapter III of 4202.29.10 determination, subchapter III of chapter chapter 99 of the Harmonized Tariff 4202.29.50 99 of the HTSUS is modified by Annex Schedule of the United States (HTSUS) 4202.29.90 A of this notice. Annex A is effective is modified: 6103.10.10 with respect to goods entered for 1. By inserting the following new U.S. 6103.31.00 consumption, or withdrawn from notes 25(a) and 25(b) to subchapter III 6103.32.00 warehouse for consumption, on or after of chapter 99 in numerical sequence: 6103.33.20 12:01 a.m. eastern standard time on ‘‘25 (a) For the purposes of heading 6103.39.80 November 29, 2021, which is 180 days 9903.90.04, products of Italy, as 6104.32.00 after the determination of action. In the specified in this note, shall be subject to 6104.33.20 event the U.S. Trade Representative additional duties as provided herein. 6110.30.10 determines that the suspension of the All products of Italy that are classified 6117.80.20 additional duties should be for less than in the subheadings enumerated in this 6117.80.87 a period of 180 days, USTR will issue note are subject to the additional duties 6203.19.10 a subsequent notice amending the imposed by heading 9903.90.04. The 6203.31.90 effective date. For informational duties imposed by heading 9903.90.04 6203.32.10 purposes, Annex B contains a list of the shall be in addition to the general duty 6203.32.20 tariff subheadings covered by the tariff rates provided for in the applicable 6203.33.10 action along with short product provisions of the tariff schedule. 6203.33.20 descriptions. In all cases, the formal Products of Italy that are classified in 6203.39.10 language in Annex A governs the tariff the subheadings enumerated in this note 6203.39.20 treatment of products covered by the and that are eligible for temporary duty 6203.39.50 action. As specified in Annex A, exemptions or reductions under 6203.39.90 products provided for in new HTSUS subchapter II to chapter 99 shall be 6204.31.10 heading 9903.90.04 will be subject to an subject to the additional duties imposed 6204.31.20 additional ad valorem duty of 25 by heading 9903.90.04, and any such 6204.32.20 percent. The additional duties provided duty exemption or reduction shall apply 6204.33.10 for in the new HTSUS heading only to the permanent general rate 6204.33.40 established by Annex A apply in prescribed in provisions of chapters 1 6204.33.50 addition to all other applicable duties, through 97 of the tariff schedule. 6204.39.20 fees, exactions, and charges. The additional duties imposed by 6204.39.30 Any product listed in Annex A, heading 9903.90.04 do not apply to 6204.39.60 except any product that is eligible for goods for which entry is properly 6204.39.80 admission under ‘domestic status’ as claimed under a provision of chapter 98 6403.59.60 defined in 19 CFR 146.43, which is of the HTSUS, except for goods entered 6403.91.60 subject to the additional duty imposed under subheadings 9802.00.40, 6403.91.90 by this determination, and is admitted 9802.00.50 and 9802.00.60 and heading 9001.40.00 into a U.S. foreign trade zone on or after 9802.00.80. For subheadings 9802.00.40, 9001.50.00

VerDate Sep<11>2014 17:36 Jun 04, 2021 Jkt 253001 PO 00000 Frm 00102 Fmt 4703 Sfmt 4703 E:\FR\FM\07JNN1.SGM 07JNN1 khammond on DSKJM1Z7X2PROD with NOTICES 30352 Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Notices

9001.90.40 sequence, with the material in the new ‘‘Article Description’’, and ‘‘Rates of 9001.90.90’’. heading inserted in the columns of the Duty 1-General’’, respectively: 2. by inserting the following new HTSUS labeled ‘‘Heading/Subheading’’, heading 9903.90.04 in numerical

Rates of duty Heading/subheading Article description 1 2 General Special

‘‘9903.90.04 ...... ‘‘Articles the product of Italy, as provided for in The duty provided in the U.S. note 25(a) to this subchapter and as pro- applicable subheading vided for in the subheadings enumerated in + 25%’’. U.S. note 25(b) to this subchapter.

Annex B any way the scope of the action. In all subheadings should be referred to U.S. Note: The product descriptions that cases, the formal language in Annex A Customs and Border Protection. In the are contained in this Annex are governs the tariff treatment of products product descriptions, the abbreviation provided for informational purposes covered by the action. Any questions ‘‘nesoi’’ means ‘‘not elsewhere specified only, and are not intended to delimit in regarding the scope of particular HTSUS or included’’.

HTSUS subheading Product description

1604.31.00 ...... Caviar. 1604.32.40 ...... Caviar substitutes prepared from fish eggs, nesoi. 3303.00.20 ...... Perfumes and toilet waters, other than floral or flower waters, not containing alcohol. 3307.90.00 ...... Depilatories and other perfumery, cosmetic or toilet preparations. nesoi. 4202.29.10 ...... Handbags w. or w/o shld. strap or w/o handle of mat. (o/t leather, shtng. of plas., tex. mat., vul. fib. or paperbd.), paper cov., of plas. 4202.29.50 ...... Handbags w. or w/o shld. strap or w/o handle of mat. (o/t leather, shtng. of plas., tex. mat., vul. fib. or paperbd.), pap.cov.,of mat. nesoi. 4202.29.90 ...... Handbags with or without shoulder straps or without handle, with outer surface of vulcanized fiber or of paperboard, not covered with paper. 6103.10.10 ...... Men’s or boys’ suits, knitted or crocheted, of wool or fine animal hair. 6103.31.00 ...... Men’s or boys’ suit-type jackets and blazers, knitted or crocheted, of wool or fine animal hair. 6103.32.00 ...... Men’s or boys’ suit-type jackets and blazers, knitted or crocheted, of cotton. 6103.33.20 ...... Men’s or boys’ suit-type jackets and blazers, knitted or crocheted, of synthetic fibers, nesoi. 6103.39.80 ...... Men’s or boys’ suit-type jackets and blazers, of textile mats, (except wool, cotton, or mmf), cont less than 70% by wt of silk, knitted/croc. 6104.32.00 ...... Women’s or girls’ suit-type jackets and blazers, knitted or crocheted, of cotton. 6104.33.20 ...... Women’s or girls’ suit-type jackets and blazers, knitted or crocheted, of synthetic fibers, nesoi. 6110.30.10 ...... Sweaters, pullovers, sweatshirts and similar articles, knitted or crocheted, of man-made fibers, cont. 25% or more by weight of leather. 6117.80.20 ...... Ties, bow ties and cravats, containing 70% or more by weight of silk or silk waste, knitted or crocheted. 6117.80.87 ...... Ties, bow ties and cravats, containing under 70% by weight of silk or silk waste, knitted or crocheted. 6203.19.10 ...... Men’s or boys’ suits, not knitted or crocheted, of cotton. 6203.31.90 ...... Men’s or boys’ suit-type jackets and blazers, of wool or fine animal hair, not knitted or crocheted. 6203.32.10 ...... Men’s or boys’ suit-type jackets and blazers, not knitted or crocheted, of cotton, containing 36 percent or more of flax fibers. 6203.32.20 ...... Men’s or boys’ suit-type jackets and blazers, not knitted or crocheted, of cotton, under 36% by weight of flax. 6203.33.10 ...... Men’s or boys’ suit-type jackets and blazers, not knitted or crocheted, of synthetic fibers, cont. 36% or more of wool or fine animal hair. 6203.33.20 ...... Men’s or boys’ suit-type jackets and blazers, not knitted or crocheted, of synthetic fibers, under 36% by weight of wool. 6203.39.10 ...... Men’s or boys’ suit-type jackets and blazers, of artificial fibers, containing 36% or more by weight of wool or fine animal hair, not k/c. 6203.39.20 ...... Men’s or boys’ suit-type jackets and blazers, not knitted or crocheted, of artificial fibers, under 36% by weight of wool. 6203.39.50 ...... Men’s or boys’ suit-type jackets and blazers, of textile materials (except wool, cotton or mmf), cont 70% or more by weight of silk, not k/c. 6203.39.90 ...... Men’s or boys’ suit-type jackets and blazers, of text materials (except wool, cotton or mmf), containing under 70% by weight of silk, not k/c. 6204.31.10 ...... Women’s or girls’ suit-type jackets & blazers, of wool or fine animal hair, not knitted or crocheted, cont. 30% or more by weight of silk/silk waste. 6204.31.20 ...... Women’s or girls’ suit-type jackets and blazers, of wool or fine animal hair, not knitted or crocheted, under 30% by weight of silk/silk waste. 6204.32.20 ...... Women’s or girls’ suit-type jackets and blazers, of cotton, not knitted or crocheted, under 36% flax. 6204.33.10 ...... Women’s or girls’ suit-type jackets and blazers, not knitted or crocheted, of synthetic fibers, cont. 30% or more of silk/ silk waste. 6204.33.40 ...... Women’s or girls’ suit-type jackets & blazers, not knitted or crocheted, of synthetic fibers, cont. 36% or more of wool or fine animal hair. 6204.33.50 ...... Women’s or girls’ suit-type jackets and blazers, not knitted or crocheted, of synthetic fibers, nesoi. 6204.39.20 ...... Women’s or girls’ suit-type jackets & blazers, not knitted or crocheted, of artificial fibers, cont. 36% or more by weight of wool or fine animal hair.

VerDate Sep<11>2014 17:36 Jun 04, 2021 Jkt 253001 PO 00000 Frm 00103 Fmt 4703 Sfmt 4703 E:\FR\FM\07JNN1.SGM 07JNN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Notices 30353

HTSUS subheading Product description

6204.39.30 ...... Women’s or girls’ suit-type jackets and blazers, not knitted or crocheted, of artificial fibers, under 36% by weight of wool or fine animal hair. 6204.39.60 ...... Women’s or girls’ suit-type jackets and blazers, not knitted/crocheted, of othertextile materials nesoi, cont. 70% + by weight of silk or silk waste. 6204.39.80 ...... Women’s or girls’ suit-type jackets and blazers, not knitted or crocheted, of textile materials nesoi. 6403.59.60 ...... Footwear w/outer soles and uppers of leather, not cov. ankle, n/welt, for men, youths and boys. 6403.91.60 ...... Footwear w/outer soles of rubber/plastics/composition leather & uppers of leather, covering the ankle, n/welt, for men, youths and boys. 6403.91.90 ...... Footwear w/outer soles of rubber/plastics/comp. leather & uppers of leather, cov. ankle, n/welt, for persons other than men/youths/boys. 9001.40.00 ...... Spectacle lenses of glass, unmounted. 9001.50.00 ...... Spectacle lenses of materials other than glass, unmounted. 9001.90.40 ...... Lenses nesoi, unmounted. 9001.90.90 ...... Optical elements nesoi, unmounted.

[FR Doc. 2021–11859 Filed 6–4–21; 8:45 am] implementation of additional duties on that Turkey’s DST is unreasonable and BILLING CODE 3290–F1–P products, contact [email protected]. discriminatory and burdens or restricts SUPPLEMENTARY INFORMATION: U.S commerce. On January 6, 2021, based on the information obtained OFFICE OF THE UNITED STATES I. Proceedings in the Investigation during the investigation and the advice TRADE REPRESENTATIVE Turkey has adopted a DST that of the Section 301 Committee, the U.S. [Docket Number USTR–2021–0006] applies to companies that during the Trade Representative determined that previous calendar year, generated Ö750 Turkey’s DST is unreasonable or Notice of Action in the Section 301 million or more in worldwide revenues discriminatory and burdens or restricts Investigation of Turkey’s Digital and TRY 20 million or more in revenues U.S. commerce, and therefore is Services Tax deriving from the provision of digital actionable under sections 301(b) and services in Turkey. On June 2, 2020, the 304(a) of the Trade Act. See 86 FR 2480 AGENCY: Office of the United States U.S. Trade Representative initiated an (January 12, 2021). Trade Representative (USTR). investigation of Turkey’s DST pursuant On March 31, 2021, USTR issued a ACTION: Notice. to section 302(b)(1)(A) of the Trade Act notice proposing that appropriate action of 1974, as amended (Trade Act). See 85 would include additional ad valorem SUMMARY: On January 6, 2021, the U.S. FR 34709 (June 5, 2020) (notice of duties of up to 25 percent on products Trade Representative announced a initiation). The notice of initiation of Turkey to be drawn from a list of 45 determination that Turkey’s Digital solicited written comments on, inter tariff subheadings of the Harmonized Services Tax (DST) is unreasonable or alia, the following aspects of Turkey’s Tariff Schedule of the United States discriminatory and burdens or restricts DST: Discrimination against U.S. (HTSUS) included in the annex to that U.S. commerce. This notice announces companies; retroactivity; and possibly notice. The March 31, 2021 notice the U.S. Trade Representative’s unreasonable tax policy. With respect to requested comments on the proposed determination to take action in the form tax policy, USTR solicited comments action as well as on other potential of additional duties of 25 percent on the on, inter alia, whether the DST diverged actions in the investigation. Witnesses products of Turkey specified in Annex from principles reflected in the U.S. and provided testimony at public hearings A to this notice. The U.S. Trade international tax systems including held on May 3 and May 7, 2021, and Representative has further determined extraterritoriality; taxing revenue not interested persons filed written to suspend application of the additional income; and a purpose of penalizing comments. Transcripts from the duties for a period of up to 180 days. particular technology companies for hearings are available on the USTR DATES: their commercial success. Interested website at: https://ustr.gov/issue-areas/ June 2, 2021: The U.S. Trade persons filed over 380 written enforcement/section-301-investigations/ Representative determined to take submissions in response. The public section-301-digital-services-taxes. The action in the form of additional duties submissions are available on written public submissions are available of 25 percent on products of Turkey www.regulations.gov in docket number at: https://comments.ustr.gov/s/ specified in Annex A. USTR–2020–0022. docket?docketNumber=USTR-2021- November 29, 2021: The end of the Under section 303 of the Trade Act, 0006 and https://comments.ustr.gov/s/ 180-day suspension period for the the U.S. Trade Representative requested docket?docketNumber=USTR-2021- additional duties. consultations with the government of 0008. FOR FURTHER INFORMATION CONTACT: For Turkey regarding the issues involved in questions concerning the investigation, the investigation. Consultations were II. Determination of Action To Be please contact Benjamin Allen, Thomas held on September 29, 2020. Based on Taken in the Investigation Au, or Patrick Childress, Assistant information obtained during the In accordance with section 301(b) of General Counsels at: (202) 395–9439, investigation, USTR prepared a the Trade Act, the U.S. Trade (202) 395–0380, and (202) 385–9531, comprehensive report on Turkey’s DST, Representative has determined that respectively; Robert Tanner, Director, which is posted on the USTR website at action is appropriate in this Services and Investment at (202) 395– https://ustr.gov/issue-areas/ investigation. Section 301(b) provides 6125; or Michael Rogers, Director for enforcement/section-301-investigations/ that upon determining that the acts, Europe and the Middle East at (202) section-301-digital-services-taxes. The policies, and practices under 395–2684. For specific questions on report includes a full description of investigation are actionable and that customs classification or Turkey’s DST, and supports findings action is appropriate, the U.S. Trade

VerDate Sep<11>2014 17:36 Jun 04, 2021 Jkt 253001 PO 00000 Frm 00104 Fmt 4703 Sfmt 4703 E:\FR\FM\07JNN1.SGM 07JNN1 khammond on DSKJM1Z7X2PROD with NOTICES 30354 Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Notices

Representative shall take all appropriate 99 of the HTSUS is modified by Annex Schedule of the United States (HTSUS) and feasible action authorized under A of this notice. Annex A is effective is modified: section 301(c) of the Trade Act, subject with respect to goods entered for 1. By inserting the following new U.S. to the specific direction, if any, of the consumption, or withdrawn from notes 27(a) and 27(b) to subchapter III President regarding such action, and all warehouse for consumption, on or after of chapter 99 in numerical sequence: other appropriate and feasible action 12:01 a.m. eastern standard time on ‘‘27 (a) For the purposes of heading within the power of the President that November 29, 2021, which is 180 days 9903.90.06, products of Turkey, as the President may direct the U.S. Trade after the determination of action. In the specified in this note, shall be subject to Representative to take under section event the U.S. Trade Representative additional duties as provided herein. 301(b), to obtain the elimination of that determines that the suspension of the All products of Turkey that are act, policy, or practice. Section additional duties should be for less than classified in the subheadings 304(a)(2)(B) provides that the U.S. Trade a period of 180 days, USTR will issue enumerated in this note are subject to Representative shall make the a subsequent notice amending the the additional duties imposed by determination of what action to take on effective date. For informational heading 9903.90.06. The duties imposed or before the date that is 12 months after purposes, Annex B contains a list of the by heading 9903.90.06 shall be in the date on which the investigation was tariff subheadings covered by the tariff addition to the general duty rates initiated, or in this case, by June 2, action along with short product provided for in the applicable 2021. Pursuant to sections 301(b) and (c) descriptions. In all cases, the formal provisions of the tariff schedule. of the Trade Act, and in accordance language in Annex A governs the tariff Products of Turkey that are classified with the advice of the Section 301 treatment of products covered by the in the subheadings enumerated in this Committee, the U.S. Trade action. As specified in Annex A, note and that are eligible for temporary Representative has determined that products provided for in new HTSUS duty exemptions or reductions under appropriate action is the imposition of heading 9903.90.06 will be subject to an subchapter II to chapter 99 shall be ad valorem duties of 25 percent on additional ad valorem duty of 25 subject to the additional duties imposed products of Turkey specified in Annex percent. The additional duties provided by heading 9903.90.06, and any such A to this notice. Annex A contains a list for in the new HTSUS heading duty exemption or reduction shall apply of 32 tariff subheadings, with an established by Annex A apply in only to the permanent general rate estimated trade value for calendar year addition to all other applicable duties, prescribed in provisions of chapters 1 2019 of approximately $310 million. In fees, exactions, and charges. through 97 of the tariff schedule. making this determination, the U.S. Any product listed in Annex A, The additional duties imposed by Trade Representative considered the except any product that is eligible for heading 9903.90.06 do not apply to public comments submitted in the admission under ‘domestic status’ as goods for which entry is properly investigation, as well as advice of defined in 19 CFR 146.43, which is claimed under a provision of chapter 98 advisory committees. In determining the subject to the additional duty imposed of the HTSUS, except for goods entered level of trade covered by the additional by this determination, and is admitted under subheadings 9802.00.40, duties, the U.S. Trade Representative into a U.S. foreign trade zone on or after 9802.00.50 and 9802.00.60 and heading considered the value of digital 12:01 a.m. eastern standard time on 9802.00.80. For subheadings 9802.00.40, transactions covered by Turkey’s DST November 29, 2021, only may be 9802.00.50 and 9802.00.60, the and the amount of taxes assessed by admitted as ‘privileged foreign status’ as additional duties apply to the value of Turkey on U.S. companies. Estimates defined in 19 CFR 146.41. Such repairs, alterations or processing indicate that the value of the DST products will be subject upon entry for performed in Turkey and as described payable by U.S.-based company groups consumption to any ad valorem rates of in the applicable subheading. For to Turkey will be up to approximately duty or quantitative limitations related heading 9802.00.80, the additional $160 million per year. The level of trade to the classification under the duties apply to the value of the article covered by the action takes into account applicable HTSUS subheading. less the cost or value of such products estimates of the amount of tariffs to be The U.S. Trade Representative will of the United States, as described in collected on goods of Turkey and the continue to monitor the effect of the heading 9802.00.80. estimates of the amount of taxes trade action, the progress of discussions Products of Turkey that are provided assessed by Turkey. in the Organisation for Economic Co- Section 305(a) of the Trade Act for in heading 9903.90.06 and classified operation and Development and G20, in one of the subheadings enumerated provides, in pertinent part, that the U.S. the progress of discussions with Turkey, Trade Representative may delay in note 27(b) to this subchapter shall and may adopt appropriate continue to be subject to antidumping, implementation of the action to be taken modifications. If a modification to the for up to 180 days ‘‘if the Trade countervailing or other duties action may be appropriate, the U.S. Representative determines . . . that a (including duties imposed by other Trade Representative will consider the delay is necessary or desirable . . . to provisions of subchapter III of this comments received in response to the obtain . . . [a] satisfactory solution with chapter and safeguard duties set forth in March 31, 2021 notice. respect to the acts, policies, or practices provisions of subchapter IV of this that are the subject of the action.’’ Greta Peisch, chapter), fees, exactions and charges that apply to such products, as well as Pursuant to section 305(a), the U.S. General Counsel, Office of the United States Trade Representative has determined to Trade Representative. to the additional duties imposed herein. suspend the additional duties for up to (b) Heading 9903.90.06 shall apply to 180 days (that is, up to November 29, Annex A all products of Turkey that are classified 2021) to allow additional time for Effective with respect to goods in the subheadings enumerated below: multilateral and bilateral discussions entered for consumption, or withdrawn 5701.10.16 that could lead to a satisfactory from warehouse for consumption, on or 5701.10.90 resolution of this matter. after 12:01 a.m. eastern standard time on 5701.90.10 In order to implement this November 29, 2021, subchapter III of 5702.31.20 determination, subchapter III of chapter chapter 99 of the Harmonized Tariff 5702.42.10

VerDate Sep<11>2014 17:36 Jun 04, 2021 Jkt 253001 PO 00000 Frm 00105 Fmt 4703 Sfmt 4703 E:\FR\FM\07JNN1.SGM 07JNN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Notices 30355

5702.92.10 6907.23.90 7116.20.05 5702.99.05 6907.30.20 7117.19.90 5702.99.15 6907.30.30 5703.20.20 6907.30.90 7117.90.90’’. 5703.90.00 6907.40.90 2. by inserting the following new 6302.22.20 6910.10.00 heading 9903.90.06 in numerical 6302.32.20 6913.10.50 6802.21.10 6913.90.50 sequence, with the material in the new 6802.21.50 7113.11.20 heading inserted in the columns of the 6802.92.00 7113.19.50 HTSUS labeled ‘‘Heading/Subheading’’, 6907.21.10 7113.20.29 ‘‘Article Description’’, and ‘‘Rates of 6907.21.90 7113.20.50 Duty 1-General’’, respectively:

Rates of duty Heading/ Article description 1 subheading 2 General Special

‘‘9903.90.06 ...... ‘‘Articles the product of Turkey, as provided for in The duty provided in the U.S. note 27(a) to this subchapter and as pro- applicable subheading vided for in the subheadings enumerated in + 25%’’. U.S. note 27(b) to this subchapter.

HTSUS subheading Product description

5701.10.16 ...... Carpets & other textile floor coverings, hand-knotted or hand-inserted, w/ov 50% by weight of the pile of fine animal hair, nesoi. 5701.10.90 ...... Carpets and other textile floor coverings, of wool or fine animal hair, not hand-hooked, not hand knotted during weaving. 5701.90.10 ...... Carpet and other textile floor covering, knotted, of text. materials (not wool/hair), pile inserted & knotted during weaving or knitting. 5702.31.20 ...... Carpets and other textile floor coverings of pile construction, woven, not tufted or flocked, not made up, of wool/fine animal hair, nesoi. 5702.42.10 ...... Wilton, velvet and like floor coverings of pile construction, woven, not tufted or flocked, made up, of man-made textile materials. 5702.92.10 ...... Hand-loomed carpet & other textile floor coverings, not of pile construction, woven, made up, of man-made textile materials. 5702.99.05 ...... Hand-loomed carpets and other textile floor coverings, not of pile construction, woven, made up, of cotton. 5702.99.15 ...... Carpets and other textile floor coverings, not of pile construction, woven, made up, of cotton, nesoi. 5703.20.20 ...... Carpets and other textile floor coverings, tufted, whether or not made up, of nylon or other polyamides, nesoi. 5703.90.00 ...... Carpets and other textile floor coverings, tufted, whether or not made up, of other textile materials nesoi. 6302.22.20 ...... Bed linen, not knitted or crocheted, printed, of manmade fibers, nesoi. 6302.32.20 ...... Bed linen, not knitted or crocheted, not printed, of manmade fibers, nesoi. 6802.21.10 ...... Worked monumental or building stone & arts. thereof, of travertine, simply cut/sawn, w/flat or even surface. 6802.21.50 ...... Worked monumental or building stone & arts. thereof, of marble or alabaster, simply cut/sawn, w/flat or even surface. 6802.92.00 ...... Worked monumental or building stone & arts. thereof, of calcareous stone, nesoi, further worked than simply cut/sawn. 6907.21.10 ...... Unglazed ceramic flags and paving, hearth or wall tiles, other than those of subheading 6907.30 and 6907.40, of H2O absorp coeff by wt <=0.5%. 6907.21.90 ...... Glazed ceramic flags and paving, hearth or wall tile, o/t subheading 6907.30 and 6907.40, of a H2O absorp coeff by wt <=0.5%, nesoi. 6907.23.90 ...... Glazed ceramic flags and paving, hearth or wall tiles, o/t subheading 6907.30 and 6907.40, of a H2O absorp coeff by wt >10%, nesoi. 6907.30.20 ...... Glazed ceramic mosaic cubes, o/t subheading 6907.40, having <=3229 cubes per m2, surf area in sq w/side <7cm. 6907.30.30 ...... Glazed ceramic mosaic cubes, o/t subheading 6907.40, having surface area <38.7cm2, surf area in sq w/side <7cm. 6907.30.90 ...... Glazed ceramic mosaic cubes nesoi, o/t subheading 6907.40. 6907.40.90 ...... Glazed finishing ceramics nesoi. 6910.10.00 ...... Porcelain or china ceramic sinks, washbasins, baths, bidets, water closet bowls, urinals & siml. sanitary fixtures. 6913.10.50 ...... Porcelain or china (o/than bone china) ornamental articles, nesoi. 6913.90.50 ...... Ceramic (o/than porcelain, china, ceramic tile or earthenware) ornamental articles, nesoi. 7113.11.20 ...... Silver articles of jewelry and parts thereof, nesoi, valued not over $18 per dozen pieces or parts. 7113.19.50 ...... Precious metal (o/than silver) articles of jewelry and parts thereof (o/t necklaces of gold, and clasps and parts thereof), whether or not plated or clad with precious metal, nesoi. 7113.20.29 ...... Base metal clad w/gold necklaces and neck chains, nesoi. 7113.20.50 ...... Base metal clad w/precious metal articles of jewelry and parts thereof (o/t necklaces of gold, and clasps and parts thereof), nesoi. 7116.20.05 ...... Jewelry articles of precious or semiprecious stones, valued not over $40 per piece.

VerDate Sep<11>2014 17:36 Jun 04, 2021 Jkt 253001 PO 00000 Frm 00106 Fmt 4703 Sfmt 4703 E:\FR\FM\07JNN1.SGM 07JNN1 khammond on DSKJM1Z7X2PROD with NOTICES 30356 Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Notices

HTSUS subheading Product description

7117.19.90 ...... Imitation jewelry (o/than cuff links and studs, toy jewelry, religious articles & rope, curb, cable, chain, etc.), of base metal (wheth. or n/plated w/prec.metal), nesoi. 7117.90.90 ...... Imitation jewelry not of base metal or plastics, nesoi, over 20 cents/dozen pcs or pts, o/t toy jewelry or of plastics.

[FR Doc. 2021–11861 Filed 6–4–21; 8:45 am] platform services, digital content sales, would include additional ad valorem BILLING CODE 3290–F1–P digital sales of a company’s own goods, duties of up to 25 percent on products data-related services, software-as-a- of India to be drawn from a list of 40 service, and several other categories of tariff subheadings of the Harmonized OFFICE OF THE UNITED STATES digital services. India’s DST only Tariff Schedule of the United States TRADE REPRESENTATIVE applies to ‘‘non-resident’’ companies. (HTSUS) included in the annex to that [Docket Number USTR–2021–0003] On June 2, 2020, the U.S. Trade notice. The March 31, 2021 notice Representative initiated an investigation requested comments on the proposed Notice of Action in the Section 301 of India’s DST pursuant to section action as well as on other potential Investigation of India’s Digital Services 302(b)(1)(A) of the Trade Act of 1974, as actions in the investigation. Witnesses Tax amended (Trade Act). See 85 FR 34709 provided testimony at public hearings (June 5, 2020) (notice of initiation). The held on May 3 and May 10, 2021, and AGENCY: Office of the United States notice of initiation solicited written interested persons filed written Trade Representative (USTR). comments on, inter alia, the following comments. Transcripts from the ACTION: Notice. aspects of India’s DST: Discrimination hearings are available on the USTR against U.S. companies; retroactivity; website at: https://ustr.gov/issue-areas/ SUMMARY: On January 6, 2021, the U.S. and possibly unreasonable tax policy. enforcement/section-301-investigations/ Trade Representative announced a With respect to tax policy, USTR section-301-digital-services-taxes. The determination that India’s Digital solicited comments on, inter alia, written public submissions are available Services Tax (DST) is unreasonable or whether the DST diverged from at: https://comments.ustr.gov/s/ discriminatory and burdens or restricts principles reflected in the U.S. and docket?docketNumber=USTR-2021- U.S. commerce. This notice announces international tax systems including 0003 and https://comments.ustr.gov/s/ the U.S. Trade Representative’s extraterritoriality; taxing revenue not docket?docketNumber=USTR-2021- determination to take action in the form income; and a purpose of penalizing 0008. of additional duties of 25 percent on the particular technology companies for II. Determination of Action To Be products of India specified in Annex A their commercial success. Interested Taken in the Investigation to this notice. The U.S. Trade persons filed over 380 written Representative has further determined submissions in response. The public In accordance with section 301(b) of to suspend application of the additional submissions are available on the Trade Act, the U.S. Trade duties for a period of up to 180 days. www.regulations.gov in docket number Representative has determined that DATES: USTR–2020–0022. action is appropriate in this June 2, 2021: The U.S. Trade Under section 303 of the Trade Act, investigation. Section 301(b) provides Representative determined to take the U.S. Trade Representative requested that upon determining that the acts, action in the form of additional duties consultations with the government of policies, and practices under of 25 percent on products of India India regarding the issues involved in investigation are actionable and that specified in Annex A. the investigation. Consultations were action is appropriate, the U.S. Trade November 29, 2021: The end of the held on November 5, 2020. Based on Representative shall take all appropriate 180-day suspension period for the information obtained during the and feasible action authorized under additional duties. investigation, USTR prepared a section 301(c) of the Trade Act, subject FOR FURTHER INFORMATION CONTACT: For comprehensive report on India’s DST, to the specific direction, if any, of the questions concerning the investigation, which is posted on the USTR website at President regarding such action, and all please contact Benjamin Allen, Thomas https://ustr.gov/issue-areas/ other appropriate and feasible action Au, or Patrick Childress, Assistant enforcement/section-301-investigations/ within the power of the President that General Counsels at: (202) 395–9439, section-301-digital-services-taxes. The the President may direct the U.S. Trade (202) 395–0380, and (202) 385–9531, report includes a full description of Representative to take under section respectively; Robert Tanner, Director, India’s DST, and supports findings that 301(b), to obtain the elimination of that Services and Investment at (202) 395– India’s DST is unreasonable and act, policy, or practice. Section 6125; or Brendan Lynch, Deputy discriminatory and burdens or restricts 304(a)(2)(B) provides that the U.S. Trade Assistant U.S. Trade Representative for U.S commerce. On January 6, 2021, Representative shall make the South and Central Asian Affairs at (202) based on the information obtained determination of what action to take on 395–2851. For specific questions on during the investigation and the advice or before the date that is 12 months after customs classification or of the Section 301 Committee, the U.S. the date on which the investigation was implementation of additional duties on Trade Representative determined that initiated, or in this case, by June 2, products, contact [email protected]. India’s DST is unreasonable or 2021. SUPPLEMENTARY INFORMATION: discriminatory and burdens or restricts Pursuant to sections 301(b) and (c) of U.S. commerce, and therefore is the Trade Act, and in accordance with I. Proceedings in the Investigation actionable under sections 301(b) and the advice of the Section 301 India has adopted a DST that imposes 304(a) of the Trade Act. See 86 FR 2478 Committee, the U.S. Trade a two percent tax on revenue generated (January 12, 2021). Representative has determined that from a broad range of digital services On March 31, 2021, USTR issued a appropriate action is the imposition of offered in India, including digital notice proposing that appropriate action ad valorem duties of 25 percent on

VerDate Sep<11>2014 17:36 Jun 04, 2021 Jkt 253001 PO 00000 Frm 00107 Fmt 4703 Sfmt 4703 E:\FR\FM\07JNN1.SGM 07JNN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Notices 30357

products of India specified in Annex A for in the new HTSUS heading only to the permanent general rate to this notice. Annex A contains a list established by Annex A apply in prescribed in provisions of chapters 1 of 26 tariff subheadings, with an addition to all other applicable duties, through 97 of the tariff schedule. estimated trade value for calendar year fees, exactions, and charges. Any The additional duties imposed by 2019 of approximately $119 million. In product listed in Annex A, except any heading 9903.90.03 do not apply to making this determination, the U.S. product that is eligible for admission goods for which entry is properly Trade Representative considered the under ‘domestic status’ as defined in 19 claimed under a provision of chapter 98 public comments submitted in the CFR 146.43, which is subject to the of the HTSUS, except for goods entered investigation, as well as advice of additional duty imposed by this under subheadings 9802.00.40, advisory committees. In determining the determination, and is admitted into a 9802.00.50 and 9802.00.60 and heading level of trade covered by the additional U.S. foreign trade zone on or after 12:01 9802.00.80. For subheadings 9802.00.40, duties, the U.S. Trade Representative a.m. eastern standard time on November 9802.00.50 and 9802.00.60, the considered the value of digital 29, 2021, only may be admitted as additional duties apply to the value of transactions covered by India’s DST and ‘privileged foreign status’ as defined in repairs, alterations or processing the amount of taxes assessed by India on 19 CFR 146.41. Such products will be performed in India and as described in U.S. companies. Estimates indicate that subject upon entry for consumption to the applicable subheading. For heading the value of the DST payable by U.S.- any ad valorem rates of duty or 9802.00.80, the additional duties apply based company groups to India will be quantitative limitations related to the to the value of the article less the cost up to approximately $55 million per classification under the applicable or value of such products of the United year. The level of trade covered by the HTSUS subheading. States, as described in heading action takes into account estimates of The U.S. Trade Representative will 9802.00.80. the amount of tariffs to be collected on continue to monitor the effect of the Products of India that are provided for goods of India and the estimates of the trade action, the progress of discussions in heading 9903.90.03 and classified in amount of taxes assessed by India. in the Organisation for Economic Co- one of the subheadings enumerated in Section 305(a) of the Trade Act operation and Development and G20, note 24(b) to this subchapter shall provides, in pertinent part, that the U.S. the progress of discussions with India, continue to be subject to antidumping, Trade Representative may delay and may adopt appropriate countervailing or other duties implementation of the action to be taken modifications. If a modification to the (including duties imposed by other for up to 180 days ‘‘if the Trade action may be appropriate, the U.S. provisions of subchapter III of this Representative determines . . . that a Trade Representative will consider the chapter and safeguard duties set forth in delay is necessary or desirable . . . to comments received in response to the provisions of subchapter IV of this obtain . . . [a] satisfactory solution with March 31, 2021 notice. chapter), fees, exactions and charges respect to the acts, policies, or practices that apply to such products, as well as Greta Peisch, that are the subject of the action.’’ to the additional duties imposed herein. Pursuant to section 305(a), the U.S. General Counsel, Office of the United States (b) Heading 9903.90.03 shall apply to Trade Representative. Trade Representative has determined to all products of India that are classified suspend the additional duties for up to Annex A in the subheadings enumerated below: 180 days (that is, up to November 29, 2021) to allow additional time for Effective with respect to goods 0306.16.00 multilateral and bilateral discussions entered for consumption, or withdrawn 0306.35.00 that could lead to a satisfactory from warehouse for consumption, on or 0306.95.00 resolution of this matter. after 12:01 a.m. eastern standard time on 1006.20.20 In order to implement this November 29, 2021, subchapter III of 4421.91.40 determination, subchapter III of chapter chapter 99 of the Harmonized Tariff 4421.91.94 99 of the HTSUS is modified by Annex Schedule of the United States (HTSUS) 4503.10.40 A of this notice. Annex A is effective is modified: 4813.10.00 with respect to goods entered for 1. By inserting the following new U.S. 4813.90.00 consumption, or withdrawn from notes 24(a) and 24(b) to subchapter III 7101.22.30 warehouse for consumption, on or after of chapter 99 in numerical sequence: 7101.22.60 12:01 a.m. eastern standard time on ‘‘24 (a) For the purposes of heading 7103.99.50 November 29, 2021, which is 180 days 9903.90.03, products of India, as 7104.90.50 after the determination of action. In the specified in this note, shall be subject to 7113.19.21 event the U.S. Trade Representative additional duties as provided herein. 7113.19.25 determines that the suspension of the All products of India that are classified 7114.20.00 additional duties should be for less than in the subheadings enumerated in this 7116.20.05 a period of 180 days, USTR will issue note are subject to the additional duties 7116.20.15 a subsequent notice amending the imposed by heading 9903.90.03. The 7410.21.30 effective date. For informational duties imposed by heading 9903.90.03 9401.69.20 purposes, Annex B contains a list of the shall be in addition to the general duty 9401.69.40 tariff subheadings covered by the tariff rates provided for in the applicable 9401.69.60 action along with short product provisions of the tariff schedule. 9401.69.80 descriptions. In all cases, the formal Products of India that are classified in 9403.50.40 language in Annex A governs the tariff the subheadings enumerated in this note 9403.50.90 treatment of products covered by the and that are eligible for temporary duty 9403.83.00’’. action. As specified in Annex A, exemptions or reductions under 2. by inserting the following new products provided for in new HTSUS subchapter II to chapter 99 shall be heading 9903.90.03 in numerical heading 9903.90.03 will be subject to an subject to the additional duties imposed sequence, with the material in the new additional ad valorem duty of 25 by heading 9903.90.03, and any such heading inserted in the columns of the percent. The additional duties provided duty exemption or reduction shall apply HTSUS labeled ‘‘Heading/Subheading’’,

VerDate Sep<11>2014 17:36 Jun 04, 2021 Jkt 253001 PO 00000 Frm 00108 Fmt 4703 Sfmt 4703 E:\FR\FM\07JNN1.SGM 07JNN1 khammond on DSKJM1Z7X2PROD with NOTICES 30358 Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Notices

‘‘Article Description’’, and ‘‘Rates of Duty 1-General’’, respectively:

Rates of duty Heading/ Article description 1 subheading 2 General Special

‘‘9903.90.03 ...... ‘‘Articles the product of India, as provided for in The duty provided in the U.S. note 24(a) to this subchapter and as pro- applicable subheading vided for in the subheadings enumerated in + 25%’’. U.S. note 24(b) to this subchapter.

HTSUS subheading Product description

0306.16.00 ...... Cold-water shrimps and prawns, cooked in shell or uncooked, dried, salted or in brine, frozen. 0306.35.00 ...... Cold water shrimps and prawns, shell-on or peeled, live, or chilled. 0306.95.00 ...... Other shrimps and prawns, shell-on or peeled. 1006.20.20 ...... Basmati rice, husked. 4421.91.40 ...... Blinds, shutters, screens and shades of bamboo, other than those with wooden frames in the center of which are fixed louver boards or slats. 4421.91.94 ...... Edge-glued lumber of bamboo. 4503.10.40 ...... Corks and stoppers of natural cork, tapered & of a thickness (or length) greater than the maximum diam., over 19 mm maximum diam., nesoi. 4813.10.00 ...... Cigarette paper in the form of booklets or tubes. 4813.90.00 ...... Cigarette paper, whether or not cut to size, nesoi. 7101.22.30 ...... Cultured pearls, worked, graded and temporarily strung for convenience of transport. 7101.22.60 ...... Cultured pearls, worked, not strung, mounted or set. 7103.99.50 ...... Precious or semiprecious stones, nesoi, worked, whether or not graded, but n/strung (ex. ungraded temporarily strung), mtd. or set. 7104.90.50 ...... Synth. or reconstruct. precious or semiprecious stones, wkd, whether or not graded, but n/strung (ex. ungraded temp. strung), mtd./set, nesoi. 7113.19.21 ...... Gold rope necklaces and neck chains. 7113.19.25 ...... Gold mixed link necklaces and neck chains. 7114.20.00 ...... Goldsmiths’ or silversmiths’ wares of base metal clad with precious metal. 7116.20.05 ...... Jewelry articles of precious or semiprecious stones, valued not over $40 per piece. 7116.20.15 ...... Jewelry articles of precious or semiprecious stones, valued over $40 per piece. 7410.21.30 ...... Refined copper foil, clad laminates, w/thickness of 0.15 mm or less, backed. 9401.69.20 ...... Seats nesoi, of bent-wood. 9401.69.40 ...... Chairs nesoi, w/teak frames, not upholstered. 9401.69.60 ...... Chairs nesoi, w/wooden frames (o/than teak), not upholstered. 9401.69.80 ...... Seats (o/than chairs) nesoi, w/wooden frames, not upholstered. 9403.50.40 ...... Furniture (o/than 9401 or 9402) of bentwood nesoi, of a kind used in the bedroom. 9403.50.90 ...... Furniture (o/than 9401 or 9402) of wood (o/than bentwood), of a kind used in the bedroom & not designed for motor vehicle use. 9403.83.00 ...... Rattan furniture and parts thereof.

[FR Doc. 2021–11858 Filed 6–4–21; 8:45 am] SUMMARY: On January 14, 2021, the U.S. June 2, 2021: The U.S. Trade BILLING CODE 3290–F1–P Trade Representative announced a Representative determined to take determination that Spain’s Digital action in the form of additional duties Services Tax (DST) is unreasonable or of 25 percent on products of Spain OFFICE OF THE UNITED STATES discriminatory and burdens or restricts specified in Annex A. TRADE REPRESENTATIVE U.S. commerce. This notice announces November 29, 2021: The end of the [Docket Number USTR–2021–0005] the U.S. Trade Representative’s 180-day suspension period for the determination to take action in the form additional duties. Notice of Action in the Section 301 of additional duties of 25 percent on the FOR FURTHER INFORMATION CONTACT: For Investigation of Spain’s Digital products of Spain specified in Annex A questions concerning the investigation, Services Tax to this notice. The U.S. Trade please contact Benjamin Allen, Thomas Representative has further determined Au, or Patrick Childress, Assistant AGENCY: Office of the United States to suspend application of the additional Trade Representative (USTR). General Counsels at: (202) 395–9439, duties for a period of up to 180 days. (202) 395–0380, and (202) 385–9531, ACTION: Notice. DATES: respectively; Robert Tanner, Director,

VerDate Sep<11>2014 17:36 Jun 04, 2021 Jkt 253001 PO 00000 Frm 00109 Fmt 4703 Sfmt 4703 E:\FR\FM\07JNN1.SGM 07JNN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Notices 30359

Services and Investment at (202) 395– U.S. commerce, and therefore is of 27 tariff subheadings, with an 6125; or Michael Rogers, Director for actionable under sections 301(b) and estimated trade value for calendar year Europe and the Middle East at (202) 304(a) of the Trade Act. See 86 FR 6407 2019 of approximately $324 million. In 395–2684. For specific questions on (January 21, 2021). making this determination, the U.S. customs classification or On March 31, 2021, USTR issued a Trade Representative considered the implementation of additional duties on notice proposing that appropriate action public comments submitted in the products, contact [email protected]. would include additional ad valorem investigation, as well as advice of SUPPLEMENTARY INFORMATION: duties of up to 25 percent on products advisory committees. In determining the of Spain to be drawn from a list of 36 level of trade covered by the additional I. Proceedings in the Investigation tariff subheadings of the Harmonized duties, the U.S. Trade Representative Spain has adopted a DST that applies Tariff Schedule of the United States considered the value of digital a three percent tax on certain digital (HTSUS) included in the annex to that transactions covered by Spain’s DST services revenues related to online notice. The March 31, 2021 notice and the amount of taxes assessed by advertising services, online requested comments on the proposed Spain on U.S. companies. Estimates intermediary services, and data action as well as on other potential indicate that the value of the DST transmission services. Companies with actions in the investigation. Witnesses payable by U.S.-based company groups worldwide revenues of Ö750 million or provided testimony at public hearings to Spain will be up to approximately more and Ö3 million in certain digital on May 3 and May 6, 2021, and $155 million per year. The level of trade services revenues are subject to the DST. interested persons filed written covered by the action takes into account On June 2, 2020, the U.S. Trade comments. Transcripts from the estimates of the amount of tariffs to be Representative initiated an investigation hearings are available on the USTR collected on goods of Spain and the website at: https://ustr.gov/issue-areas/ of Spain’s DST pursuant to section estimates of the amount of taxes enforcement/section-301-investigations/ 302(b)(1)(A) of the Trade Act of 1974, as assessed by Spain. section-301-digital-services-taxes. The Section 305(a) of the Trade Act amended (Trade Act). See 85 FR 34709 written public submissions are available provides, in pertinent part, that the U.S. (June 5, 2020) (notice of initiation). The at: https://comments.ustr.gov/s/ Trade Representative may delay notice of initiation solicited written docket?docketNumber=USTR-2021- implementation of the action to be taken comments on, inter alia, the following 0005 and https://comments.ustr.gov/s/ for up to 180 days ‘‘if the Trade aspects of Spain’s DST: Discrimination docket?docketNumber=USTR-2021- Representative determines . . . that a against U.S. companies; retroactivity; 0008. delay is necessary or desirable . . . to and possibly unreasonable tax policy. obtain . . . [a] satisfactory solution with II. Determination of Action To Be With respect to tax policy, USTR respect to the acts, policies, or practices Taken in the Investigation solicited comments on, inter alia, that are the subject of the action.’’ whether the DST diverged from In accordance with section 301(b) of Pursuant to section 305(a), the U.S. principles reflected in the U.S. and the Trade Act, the U.S. Trade Trade Representative has determined to international tax systems including Representative has determined that suspend the additional duties for up to extraterritoriality; taxing revenue not action is appropriate in this 180 days (that is, up to November 29, income; and a purpose of penalizing investigation. Section 301(b) provides 2021) to allow additional time for particular technology companies for that upon determining that the acts, multilateral and bilateral discussions their commercial success. Interested policies, and practices under that could lead to a satisfactory persons filed over 380 written investigation are actionable and that resolution of this matter. submissions in response. The public action is appropriate, the U.S. Trade In order to implement this submissions are available on Representative shall take all appropriate determination, subchapter III of chapter www.regulations.gov in docket number and feasible action authorized under 99 of the HTSUS is modified by Annex USTR–2020–0022. section 301(c) of the Trade Act, subject A of this notice. Annex A is effective Under section 303 of the Trade Act, to the specific direction, if any, of the with respect to goods entered for the U.S. Trade Representative requested President regarding such action, and all consumption, or withdrawn from consultations with the government of other appropriate and feasible action warehouse for consumption, on or after Spain regarding the issues involved in within the power of the President that 12:01 a.m. eastern standard time on the investigation. Consultations were the President may direct the U.S. Trade November 29, 2021, which is 180 days held on December 17, 2020. Based on Representative to take under section after the determination of action. In the information obtained during the 301(b), to obtain the elimination of that event the U.S. Trade Representative investigation, USTR prepared a act, policy, or practice. Section determines that the suspension of the comprehensive report on Spain’s DST, 304(a)(2)(B) provides that the U.S. Trade additional duties should be for less than which is posted on the USTR website at Representative shall make the a period of 180 days, USTR will issue https://ustr.gov/issue-areas/ determination of what action to take on a subsequent notice amending the enforcement/section-301-investigations/ or before the date that is 12 months after effective date. For informational section-301-digital-services-taxes. The the date on which the investigation was purposes, Annex B contains a list of the report includes a full description of initiated, or in this case, by June 2, tariff subheadings covered by the tariff Spain’s DST, and supports findings that 2021. action along with short product Spain’s DST is unreasonable and Pursuant to sections 301(b) and (c) of descriptions. In all cases, the formal discriminatory and burdens or restricts the Trade Act, and in accordance with language in Annex A governs the tariff U.S commerce. On January 14, 2021, the advice of the Section 301 treatment of products covered by the based on the information obtained Committee, the U.S. Trade action. As specified in Annex A, during the investigation and the advice Representative has determined that products provided for in new HTSUS of the Section 301 Committee, the U.S. appropriate action is the imposition of heading 9903.90.05 will be subject to an Trade Representative determined that ad valorem duties of 25 percent on additional ad valorem duty of 25 Spain’s DST is unreasonable or products of Spain specified in Annex A percent. The additional duties provided discriminatory and burdens or restricts to this notice. Annex A contains a list for in the new HTSUS heading

VerDate Sep<11>2014 17:36 Jun 04, 2021 Jkt 253001 PO 00000 Frm 00110 Fmt 4703 Sfmt 4703 E:\FR\FM\07JNN1.SGM 07JNN1 khammond on DSKJM1Z7X2PROD with NOTICES 30360 Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Notices

established by Annex A apply in ‘‘26 (a) For the purposes of heading (including duties imposed by other addition to all other applicable duties, 9903.90.05, products of Spain, as provisions of subchapter III of this fees, exactions, and charges. specified in this note, shall be subject to chapter and safeguard duties set forth in Any product listed in Annex A, additional duties as provided herein. provisions of subchapter IV of this except any product that is eligible for All products of Spain that are classified chapter), fees, exactions and charges admission under ‘domestic status’ as in the subheadings enumerated in this that apply to such products, as well as defined in 19 CFR 146.43, which is note are subject to the additional duties to the additional duties imposed herein. subject to the additional duty imposed imposed by heading 9903.90.05. The (b) Heading 9903.90.05 shall apply to by this determination, and is admitted duties imposed by heading 9903.90.05 all products of Spain that are classified into a U.S. foreign trade zone on or after shall be in addition to the general duty in the subheadings enumerated below: 12:01 a.m. eastern standard time on rates provided for in the applicable 0306.16.00 November 29, 2021, only may be provisions of the tariff schedule. 0306.17.00 admitted as ‘privileged foreign status’ as Products of Spain that are classified defined in 19 CFR 146.41. Such in the subheadings enumerated in this 0307.52.00 products will be subject upon entry for note and that are eligible for temporary 1605.21.05 consumption to any ad valorem rates of duty exemptions or reductions under 1605.21.10 duty or quantitative limitations related subchapter II to chapter 99 shall be 1605.55.05 to the classification under the subject to the additional duties imposed 4202.21.90 applicable HTSUS subheading. by heading 9903.90.05, and any such 4202.22.15 The U.S. Trade Representative will duty exemption or reduction shall apply 4203.30.00 continue to monitor the effect of the only to the permanent general rate 6402.99.31 trade action, the progress of discussions prescribed in provisions of chapters 1 6403.51.30 in the Organisation for Economic Co- through 97 of the tariff schedule. 6403.51.60 operation and Development and G20, The additional duties imposed by 6403.51.90 the progress of discussions with Spain, heading 9903.90.05 do not apply to 6403.59.30 and may adopt appropriate goods for which entry is properly modifications. If a modification to the claimed under a provision of chapter 98 6403.59.60 action may be appropriate, the U.S. of the HTSUS, except for goods entered 6403.59.90 Trade Representative will consider the under subheadings 9802.00.40, 6403.99.90 comments received in response to the 9802.00.50 and 9802.00.60 and heading 6404.19.39 March 31, 2021 notice. 9802.00.80. For subheadings 9802.00.40, 6404.20.40 Greta Peisch, 9802.00.50 and 9802.00.60, the 6404.20.60 General Counsel, Office of the United States additional duties apply to the value of 6405.90.90 Trade Representative. repairs, alterations or processing 6504.00.60 performed in Spain and as described in Annex A 6505.00.08 the applicable subheading. For heading 6505.00.15 Effective with respect to goods 9802.00.80, the additional duties apply 6505.00.30 entered for consumption, or withdrawn to the value of the article less the cost from warehouse for consumption, on or or value of such products of the United 7013.99.80 after 12:01 a.m. eastern standard time on States, as described in heading 7013.99.90’’. November 29, 2021, subchapter III of 9802.00.80. 2. by inserting the following new chapter 99 of the Harmonized Tariff Products of Spain that are provided heading 9903.90.05 in numerical Schedule of the United States (HTSUS) for in heading 9903.90.05 and classified sequence, with the material in the new is modified: in one of the subheadings enumerated heading inserted in the columns of the 1. By inserting the following new U.S. in note 26(b) to this subchapter shall HTSUS labeled ‘‘Heading/Subheading’’, notes 26(a) and 26(b) to subchapter III continue to be subject to antidumping, ‘‘Article Description’’, and ‘‘Rates of of chapter 99 in numerical sequence: countervailing or other duties Duty 1-General’’, respectively:

Rates of duty Heading/ Article description 1 subheading 2 General Special

‘‘9903.90.05 ...... ‘‘Articles the product of Spain, as provided for in The duty provided in the U.S. note 26(a) to this subchapter and as pro- applicable subheading vided for in the subheadings enumerated in + 25%’’. U.S. note 26(b) to this subchapter.

VerDate Sep<11>2014 17:36 Jun 04, 2021 Jkt 253001 PO 00000 Frm 00111 Fmt 4703 Sfmt 4703 E:\FR\FM\07JNN1.SGM 07JNN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Notices 30361

HTSUS subheading Product description

0306.16.00 ...... Cold-water shrimps and prawns, cooked in shell or uncooked, dried, salted or in brine, frozen. 0306.17.00 ...... Other shrimps and prawns, cooked in shell or uncooked, dried, salted or in brine, frozen. 0307.52.00 ...... Octopus, frozen. 1605.21.05 ...... Shrimp & prawns not in airtight containers: Fish meat and prepared meals. 1605.21.10 ...... Shrimp & prawns not in airtight containers: Other than fish meat and prepared meals. 1605.55.05 ...... Octopus, as containing fish meat or prepared meals. 4202.21.90 ...... Handbags, with or without shoulder strap or without handle, with outer surface of leather, composition or patent leather, nesoi, over $20 ea. 4202.22.15 ...... Handbags, with or without shoulder straps or without handle, with outer surface of sheeting of plastics. 4203.30.00 ...... Belts and bandoliers with or without buckles, of leather or of composition leather. 6402.99.31 ...... Footwear w/outer soles & uppers of rubber or plastics, nesoi, n/cov. ankle, w/ext. surf. of uppers o/90% rubber or plastics, nesoi. 6403.51.30 ...... Footwear w/outer soles and uppers of leather, nesoi, covering the ankle, welt. 6403.51.60 ...... Footwear w/outer soles and uppers of leather, nesoi, covering the ankle, n/welt, for men, youths and boys. 6403.51.90 ...... Footwear w/outer soles and uppers of leather, nesoi, covering the ankle, n/welt, for persons other than men, youths and boys. 6403.59.30 ...... Footwear w/outer soles and uppers of leather, not covering the ankle, welt, nesoi. 6403.59.60 ...... Footwear w/outer soles and uppers of leather, not cov. ankle, n/welt, for men, youths and boys. 6403.59.90 ...... Footwear w/outer soles and uppers of leather, not cov. ankle, n/welt, for persons other than men, youths and boys. 6403.99.90 ...... Footwear w/outer soles of rubber/plastics/comp. leather & uppers of leather, n/cov. ankle, for persons other than men, youths and boys, val. over $2.50/pair. 6404.19.39 ...... Footwear w/outr sole rub/plast & upp. textile, nesoi, w/open toes/heels or slip-on, >10% by wt. rub./plast not subj note 5 ch 64. 6404.20.40 ...... Footwear w/outer soles of leather/comp. leath., n/o 50% by wt. rub./plast. or rub./plast./text. & 10%+ by wt. rub./plast., val. o/$2.50/pr. 6404.20.60 ...... Footwear w/outer soles of leather/comp. leather & uppers of textile, nesoi. 6405.90.90 ...... Footwear, nesoi, w/outer soles and uppers o/than leather/comp. leather/text. not disposable. 6504.00.60 ...... Hats and headgear, plaited or assembled from strips of veg. fibers or unspun fibrous veg. materials and/or paper yarn, not sewed. 6505.00.08 ...... Hats and headgear made up from felt made from hat forms or hat bodies of 6501, except of fur felt. 6505.00.15 ...... Hats and headgear, of cotton and/or flax, knitted. 6505.00.30 ...... Hats and headgear, of wool, knitted or crocheted or made up from knitted or crocheted fabric. 7013.99.80 ...... Glassware for toilet/office/indoor decor. or similar purposes, nesoi, n/cut or engraved, valued over $3 but n/over $5 each. 7013.99.90 ...... Glassware for toilet/office/indoor decor. or similar purposes, nesoi, n/cut or engraved, valued over $5 each.

[FR Doc. 2021–11863 Filed 6–4–21; 8:45 am] A to this notice. The U.S. Trade implementation of additional duties on BILLING CODE 3290–F1–P Representative has further determined products, contact [email protected]. to suspend application of the additional SUPPLEMENTARY INFORMATION: duties for a period of up to 180 days. OFFICE OF THE UNITED STATES DATES: I. Proceedings in the Investigation TRADE REPRESENTATIVE June 2, 2021: The U.S. Trade Austria has adopted a DST that [Docket Number USTR–2021–0002] Representative determined to take imposes a 5 percent tax on gross action in the form of additional duties revenues from digital advertising Notice of Action in the Section 301 of 25 percent on products of Austria services provided in Austria. The DST Investigation of Austria’s Digital specified in Annex A. applies only to companies with annual Services Tax November 29, 2021: The end of the global revenues of Ö750 million or more, AGENCY: Office of the United States 180-day suspension period for the and annual revenues from digital Trade Representative (USTR). additional duties. advertising services in Austria of Ö25 ACTION: Notice. FOR FURTHER INFORMATION CONTACT: For million or more. On June 2, 2020, the questions concerning the investigation, U.S. Trade Representative initiated an SUMMARY: On January 14, 2021, the U.S. please contact Benjamin Allen, Thomas investigation of Austria’s DST pursuant Trade Representative announced a Au, or Patrick Childress, Assistant to section 302(b)(1)(A) of the Trade Act determination that Austria’s Digital General Counsels at: (202) 395–9439, of 1974, as amended (Trade Act). See 85 Services Tax (DST) is unreasonable or (202) 395–0380, and (202) 385–9531, FR 34709 (June 5, 2020) (notice of discriminatory and burdens or restricts respectively; Robert Tanner, Director, initiation). The notice of initiation U.S. commerce. This notice announces Services and Investment at (202) 395– solicited written comments on, inter the U.S. Trade Representative’s 6125; or Michael Rogers, Director for alia, the following aspects of Austria’s determination to take action in the form Europe and the Middle East at (202) DST: Discrimination against U.S. of additional duties of 25 percent on the 395–2684. For specific questions on companies; retroactivity; and possibly products of Austria specified in Annex customs classification or unreasonable tax policy. With respect to

VerDate Sep<11>2014 17:36 Jun 04, 2021 Jkt 253001 PO 00000 Frm 00112 Fmt 4703 Sfmt 4703 E:\FR\FM\07JNN1.SGM 07JNN1 khammond on DSKJM1Z7X2PROD with NOTICES 30362 Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Notices

tax policy, USTR solicited comments II. Determination of Action To Be obtain . . . [a] satisfactory solution with on, inter alia, whether the DST diverged Taken in the Investigation respect to the acts, policies, or practices from principles reflected in the U.S. and In accordance with section 301(b) of that are the subject of the action.’’ international tax systems including the Trade Act, the U.S. Trade Pursuant to section 305(a), the U.S. extraterritoriality; taxing revenue not Representative has determined that Trade Representative has determined to income; and a purpose of penalizing action is appropriate in this suspend the additional duties for up to particular technology companies for investigation. Section 301(b) provides 180 days (that is, up to November 29, their commercial success. Interested that upon determining that the acts, 2021) to allow additional time for persons filed over 380 written policies, and practices under multilateral and bilateral discussions submissions in response. The public investigation are actionable and that that could lead to a satisfactory submissions are available on action is appropriate, the U.S. Trade resolution of this matter. www.regulations.gov in docket number Representative shall take all appropriate In order to implement this USTR–2020–0022. and feasible action authorized under determination, subchapter III of chapter Under section 303 of the Trade Act, section 301(c) of the Trade Act, subject 99 of the HTSUS is modified by Annex the U.S. Trade Representative requested to the specific direction, if any, of the A of this notice. Annex A is effective consultations with the government of President regarding such action, and all with respect to goods entered for Austria regarding the issues involved in other appropriate and feasible action consumption, or withdrawn from the investigation. Consultations were within the power of the President that warehouse for consumption, on or after held on December 21, 2020. Based on the President may direct the U.S. Trade 12:01 a.m. eastern standard time on information obtained during the Representative to take under section November 29, 2021, which is 180 days investigation, USTR prepared a 301(b), to obtain the elimination of that after the determination of action. In the comprehensive report on Austria’s DST, act, policy, or practice. Section event the U.S. Trade Representative which is posted on the USTR website at 304(a)(2)(B) provides that the U.S. Trade determines that the suspension of the additional duties should be for less than https://ustr.gov/issue-areas/ Representative shall make the a period of 180 days, USTR will issue enforcement/section-301-investigations/ determination of what action to take on a subsequent notice amending the section-301-digital-services-taxes. The or before the date that is 12 months after effective date. For informational report includes a full description of the date on which the investigation was purposes, Annex B contains a list of the Austria’s DST, and supports findings initiated, or in this case, by June 2, tariff subheadings covered by the tariff that Austria’s DST is unreasonable and 2021. action along with short product discriminatory and burdens or restricts Pursuant to sections 301(b) and (c) of descriptions. In all cases, the formal U.S commerce. On January 14, 2021, the Trade Act, and in accordance with language in Annex A governs the tariff based on the information obtained the advice of the Section 301 treatment of products covered by the during the investigation and the advice Committee, the U.S. Trade action. As specified in Annex A, of the Section 301 Committee, the U.S. Representative has determined that appropriate action is the imposition of products provided for in new HTSUS Trade Representative determined that heading 9903.90.02 will be subject to an Austria’s DST is unreasonable or ad valorem duties of 25 percent on products of Austria specified in Annex additional ad valorem duty of 25 discriminatory and burdens or restricts percent. The additional duties provided U.S. commerce, and therefore is A to this notice. Annex A contains a list of 23 tariff subheadings, with an for in the new HTSUS heading actionable under sections 301(b) and established by Annex A apply in 304(a) of the Trade Act. See 86 FR 6406 estimated trade value for calendar year 2019 of approximately $65 million. In addition to all other applicable duties, (January 21, 2021). making this determination, the U.S. fees, exactions, and charges. Any On March 31, 2021, USTR issued a Trade Representative considered the product listed in Annex A, except any notice proposing that appropriate action public comments submitted in the product that is eligible for admission would include additional ad valorem investigation, as well as advice of under ‘domestic status’ as defined in 19 duties of up to 25 percent on products advisory committees. In determining the CFR 146.43, which is subject to the of Austria to be drawn from a list of 40 level of trade covered by the additional additional duty imposed by this tariff subheadings of the Harmonized duties, the U.S. Trade Representative determination, and is admitted into a Tariff Schedule of the United States considered the value of digital U.S. foreign trade zone on or after 12:01 (HTSUS) included in the annex to that transactions covered by Austria’s DST a.m. eastern standard time on November notice. The March 31, 2021 notice and the amount of taxes assessed by 29, 2021, only may be admitted as requested comments on the proposed Austria on U.S. companies. Estimates ‘privileged foreign status’ as defined in action as well as on other potential indicate that the value of the DST 19 CFR 146.41. Such products will be actions in the investigation. Witnesses payable by U.S.-based company groups subject upon entry for consumption to provided testimony at public hearings to Austria will be up to approximately any ad valorem rates of duty or held on May 3 and May 6, 2021, and $45 million per year. The level of trade quantitative limitations related to the interested persons filed written covered by the action takes into account classification under the applicable comments. Transcripts from the estimates of the amount of tariffs to be HTSUS subheading. hearings are available on the USTR collected on goods of Austria and the The U.S. Trade Representative will website at: https://ustr.gov/issue-areas/ estimates of the amount of taxes continue to monitor the effect of the enforcement/section-301-investigations/ assessed by Austria. trade action, the progress of discussions section-301-digital-services-taxes. The Section 305(a) of the Trade Act in the Organisation for Economic Co- written public submissions are available provides, in pertinent part, that the U.S. operation and Development and G20, at: https://comments.ustr.gov/s/ Trade Representative may delay the progress of discussions with Austria, docket?docketNumber=USTR-2021- implementation of the action to be taken and may adopt appropriate 0002 and https://comments.ustr.gov/s/ for up to 180 days ‘‘if the Trade modifications. If a modification to the docket?docketNumber=USTR-2021- Representative determines . . . that a action may be appropriate, the U.S. 0008. delay is necessary or desirable . . . to Trade Representative will consider the

VerDate Sep<11>2014 17:36 Jun 04, 2021 Jkt 253001 PO 00000 Frm 00113 Fmt 4703 Sfmt 4703 E:\FR\FM\07JNN1.SGM 07JNN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Notices 30363

comments received in response to the subchapter II to chapter 99 shall be that apply to such products, as well as March 31, 2021 notice. subject to the additional duties imposed to the additional duties imposed herein. by heading 9903.90.02, and any such (b) Heading 9903.90.02 shall apply to Greta Peisch, duty exemption or reduction shall apply all products of Austria that are classified General Counsel, Office of the United States only to the permanent general rate in the subheadings enumerated below: Trade Representative. prescribed in provisions of chapters 1 6903.20.00 Annex A through 97 of the tariff schedule. 7013.22.50 The additional duties imposed by Effective with respect to goods 7013.28.20 heading 9903.90.02 do not apply to 7013.28.50 entered for consumption, or withdrawn goods for which entry is properly from warehouse for consumption, on or 7013.28.60 claimed under a provision of chapter 98 7013.37.20 after 12:01 a.m. eastern standard time on of the HTSUS, except for goods entered 7013.37.60 November 29, 2021, subchapter III of under subheadings 9802.00.40, 7013.41.50 chapter 99 of the Harmonized Tariff 9802.00.50 and 9802.00.60 and heading 7013.49.60 Schedule of the United States (HTSUS) 9802.00.80. For subheadings 9802.00.40, 7013.91.50 is modified: 9802.00.50 and 9802.00.60, the 7019.90.10 1. By inserting the following new U.S. additional duties apply to the value of notes 23(a) and 23(b) to subchapter III repairs, alterations or processing 7019.90.50 of chapter 99 in numerical sequence: performed in Austria and as described 7403.29.01 ‘‘23 (a) For the purposes of heading in the applicable subheading. For 8418.10.00 9903.90.02, products of Austria, as heading 9802.00.80, the additional 9003.11.00 specified in this note, shall be subject to duties apply to the value of the article 9005.10.00 additional duties as provided herein. less the cost or value of such products 9005.80.40 All products of Austria that are of the United States, as described in 9005.80.60 classified in the subheadings heading 9802.00.80. 9010.60.00 enumerated in this note are subject to Products of Austria that are provided 9012.10.00 the additional duties imposed by for in heading 9903.90.02 and classified 9015.40.80 heading 9903.90.02. The duties imposed in one of the subheadings enumerated 9015.80.20 by heading 9903.90.02 shall be in in note 23(b) to this subchapter shall 9027.50.80’’. addition to the general duty rates continue to be subject to antidumping, 2. by inserting the following new provided for in the applicable countervailing or other duties heading 9903.90.02 in numerical provisions of the tariff schedule. (including duties imposed by other sequence, with the material in the new Products of Austria that are classified provisions of subchapter III of this heading inserted in the columns of the in the subheadings enumerated in this chapter and safeguard duties set forth in HTSUS labeled ‘‘Heading/Subheading’’, note and that are eligible for temporary provisions of subchapter IV of this ‘‘Article Description’’, and ‘‘Rates of duty exemptions or reductions under chapter), fees, exactions and charges Duty 1-General’’, respectively:

Rates of duty Heading/subheading Article description 1 2 General Special

‘‘9903.90.02 ...... ‘‘Articles the product of Austria, as provided for in The duty provided in the U.S. note 23(a) to this subchapter and as pro- applicable subheading vided for in the subheadings enumerated in + 25%’’. U.S. note 23(b) to this subchapter.

HTSUS subheading Product description

6903.20.00 ...... Refractory ceramic goods (o/than of siliceous fossil meals or earths), nesoi, cont. by wt. o/50% alumina or mix. or comp. of Al2O3 & SiO2. 7013.22.50 ...... Stemware drinking glasses of lead crystal, valued over $5 each. 7013.28.20 ...... Stemware, o/than of pressed and toughened glass, o/than lead crystal, valued o/$0.30 but n/over $3 each. 7013.28.50 ...... Stemware, o/than of pressed and toughened glass, o/than lead crystal, not cut or engraved, valued o/$3 but n/over $5 each. 7013.28.60 ...... Stemware, o/than of pressed and toughened glass, o/than lead crystal, not cut or engraved, valued over $5 each. 7013.37.20 ...... Drinking glasses, nesoi, o/than of pressed and toughened glass, o/than lead crystal, valued o/$0.30 but n/over $3 each. 7013.37.60 ...... Drinking glasses, nesoi, o/than of pressed and toughened glass, o/than lead crystal, not cut or engraved, valued over $5 each. 7013.41.50 ...... Glassware for table or kitchen purposes (o/than drinking glasses), of lead crystal, valued over $5 each. 7013.49.60 ...... Glassware for table or kitchen purposes (o/than drinking glasses), nesoi, n/cut or engraved, valued over $5 each. 7013.91.50 ...... Glassware for toilet/office/indoor decor. & similar purposes, of lead crystal, valued over $5 each. 7019.90.10 ...... Woven glass fiber articles (other than fabrics), nesoi.

VerDate Sep<11>2014 17:36 Jun 04, 2021 Jkt 253001 PO 00000 Frm 00114 Fmt 4703 Sfmt 4703 E:\FR\FM\07JNN1.SGM 07JNN1 khammond on DSKJM1Z7X2PROD with NOTICES 30364 Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Notices

HTSUS subheading Product description

7019.90.50 ...... Glass fibers (including glass wool), nesoi, and articles thereof, nesoi. 7403.29.01 ...... Copper alloys (o/than copper-zinc, copper-tin alloys), unwrought nesoi. 8418.10.00 ...... Combined refrigerator-freezers, fitted with separate external doors, electric or other. 9003.11.00 ...... Frames and mountings, of plastics, for spectacles, goggles or the like. 9005.10.00 ...... Binoculars. 9005.80.40 ...... Optical telescopes, including monoculars. 9005.80.60 ...... Monoculars and astronomical instruments other than binoculars and optical telescopes but not including instruments for radio-astronomy. 9010.60.00 ...... Projection screens. 9012.10.00 ...... Microscopes other than optical microscopes; diffraction apparatus. 9015.40.80 ...... Photogrammetrical surveying instruments and appliances, other than electrical. 9015.80.20 ...... Optical surveying, hydrographic, oceanographic, hydrological, meteorological or geophysical instruments and appliances, nesoi. 9027.50.80 ...... Nonelectrical instruments and apparatus using optical radiations (ultraviolet, visible, infrared), nesoi.

[FR Doc. 2021–11856 Filed 6–4–21; 8:45 am] implementation of additional duties on investigations/section-301- BILLING CODE 3290–F1–P products, contact [email protected]. digitalservices-taxes. The report SUPPLEMENTARY INFORMATION: includes a full description of the United Kingdom’s DST, and supports findings OFFICE OF THE UNITED STATES I. Proceedings in the Investigation that the United Kingdom’s DST is TRADE REPRESENTATIVE The United Kingdom has adopted a unreasonable and discriminatory and [Docket Number USTR–2021–0007] DST that applies a two percent tax on burdens or restricts U.S commerce. On the revenues of certain search engines, January 14, 2021, based on the Notice of Action in the Section 301 social media platforms and online information obtained during the Investigation of the United Kingdom’s marketplaces. The United Kingdom’s investigation and the advice of the Digital Services Tax DST applies only to companies with Section 301 Committee, the U.S. Trade digital services revenues exceeding £500 Representative determined that the AGENCY: Office of the United States United Kingdom’s DST is unreasonable Trade Representative (USTR). million and United Kingdom digital services revenues exceeding £25 or discriminatory and burdens or ACTION: Notice. million. On June 2, 2020, the U.S. Trade restricts U.S. commerce, and therefore is actionable under sections 301(b) and SUMMARY: On January 14, 2021, the U.S. Representative initiated an investigation 304(a) of the Trade Act. See 86 FR 6406 Trade Representative announced a of the United Kingdom’s DST pursuant to section 302(b)(1)(A) of the Trade Act (January 21, 2021). determination that the United On March 31, 2021, USTR issued a of 1974, as amended (Trade Act). See 85 Kingdom’s Digital Services Tax (DST) is notice proposing that appropriate action FR 34709 (June 5, 2020) (notice of unreasonable or discriminatory and would include additional ad valorem initiation). The notice of initiation burdens or restricts U.S. commerce. duties of up to 25 percent on products solicited written comments on, inter This notice announces the U.S. Trade of the United Kingdom to be drawn alia, the following aspects of the United Representative’s determination to take from a list of 69 tariff subheadings of the Kingdom’s DST: Discrimination against action in the form of additional duties Harmonized Tariff Schedule of the U.S. companies; retroactivity; and of 25 percent on the products of the United States (HTSUS) included in the United Kingdom specified in Annex A possibly unreasonable tax policy. With annex to that notice. The March 31, to this notice. The U.S. Trade respect to tax policy, USTR solicited 2021 notice requested comments on the Representative has further determined comments on, inter alia, whether the proposed action as well as on other to suspend application of the additional DST diverged from principles reflected potential actions in the investigation. duties for a period of up to 180 days. in the U.S. and international tax systems Witnesses provided testimony at public DATES: including extraterritoriality; taxing hearings on May 3 and May 6, 2021, and June 2, 2021: The U.S. Trade revenue not income; and a purpose of interested persons filed written Representative determined to take penalizing particular technology comments. Transcripts from the action in the form of additional duties companies for their commercial success. hearings are available on the USTR of 25 percent on products of the United Interested persons filed over 380 written website at: https://ustr.gov/issue-areas/ Kingdom specified in Annex A. submissions in response. The public enforcement/section-301-investigations/ November 29, 2021: The end of the submissions are available on section-301-digital-services-taxes. The 180-day suspension period for the www.regulations.gov in docket number written public submissions are available additional duties. USTR–2020–0022. at: https://comments.ustr.gov/s/ FOR FURTHER INFORMATION CONTACT: For Under section 303 of the Trade Act, docket?docketNumber=USTR-2021- questions concerning the investigation, the U.S. Trade Representative requested 0007 and https://comments.ustr.gov/s/ please contact Benjamin Allen, Thomas consultations with the government of docket?docketNumber=USTR-2021- Au, or Patrick Childress, Assistant the United Kingdom regarding the 0008. General Counsels at: (202) 395–9439, issues involved in the investigation. (202) 395–0380, and (202) 385–9531, Consultations were held on December 4, II. Determination of Action To Be respectively; Robert Tanner, Director, 2020. Based on information obtained Taken in the Investigation Services and Investment at (202) 395– during the investigation, USTR prepared In accordance with section 301(b) of 6125; or Michael Rogers, Director for a comprehensive report on the United the Trade Act, the U.S. Trade Europe and the Middle East at (202) Kingdom’s DST, which is posted on the Representative has determined that 395–2684. For specific questions on USTR website at https://ustr.gov/issue- action is appropriate in this customs classification or areas/enforcement/section-301- investigation. Section 301(b) provides

VerDate Sep<11>2014 17:36 Jun 04, 2021 Jkt 253001 PO 00000 Frm 00115 Fmt 4703 Sfmt 4703 E:\FR\FM\07JNN1.SGM 07JNN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Notices 30365

that upon determining that the acts, suspend the additional duties for up to comments received in response to the policies, and practices under 180 days (that is, up to November 29, March 31, 2021 notice. investigation are actionable and that 2021) to allow additional time for Greta Peisch, action is appropriate, the U.S. Trade multilateral and bilateral discussions Representative shall take all appropriate General Counsel, Office of the United States that could lead to a satisfactory Trade Representative. and feasible action authorized under resolution of this matter. section 301(c) of the Trade Act, subject Annex A In order to implement this to the specific direction, if any, of the Effective with respect to goods President regarding such action, and all determination, subchapter III of chapter 99 of the HTSUS is modified by Annex entered for consumption, or withdrawn other appropriate and feasible action from warehouse for consumption, on or within the power of the President that A of this notice. Annex A is an effective after 12:01 a.m. eastern standard time on the President may direct the U.S. Trade with respect to goods entered for November 29, 2021, subchapter III of Representative to take under section consumption, or withdrawn from chapter 99 of the Harmonized Tariff 301(b), to obtain the elimination of that warehouse for consumption, on or after Schedule of the United States (HTSUS) act, policy, or practice. Section 12:01 a.m. eastern standard time on is modified: 304(a)(2)(B) provides that the U.S. Trade November 29, 2021, which is 180 days 1. By inserting the following new U.S. Representative shall make the after the determination of action. In the notes 28(a) and 28(b) to subchapter III determination of what action to take on event the U.S. Trade Representative of chapter 99 in numerical sequence: or before the date that is 12 months after determines that the suspension of the ‘‘28 (a) For the purposes of heading the date on which the investigation was additional duties should be for less than 9903.90.07, products of the United initiated, or in this case, by June 2, a period of 180 days, USTR will issue Kingdom, as specified in this note, shall 2021. a subsequent notice amending the be subject to additional duties as Pursuant to sections 301(b) and (c) of effective date. For informational the Trade Act, and in accordance with provided herein. All products of the purposes, Annex B contains a list of the the advice of the Section 301 United Kingdom that are classified in tariff subheadings covered by the tariff Committee, the U.S. Trade the subheadings enumerated in this note Representative has determined that action along with short product are subject to the additional duties appropriate action is the imposition of descriptions. In all cases, the formal imposed by heading 9903.90.07. The ad valorem duties of 25 percent on language in Annex A governs the tariff duties imposed by heading 9903.90.07 products of the United Kingdom treatment of products covered by the shall be in addition to the general duty specified in Annex A to this notice. action. As specified in Annex A, rates provided for in the applicable Annex A contains a list of 67 tariff products provided for in new HTSUS provisions of the tariff schedule. subheadings, with an estimated trade heading 9903.90.07 will be subject to an Products of the United Kingdom that value for calendar year 2019 of additional ad valorem duty of 25 are classified in the subheadings approximately $887 million. In making percent. The additional duties provided enumerated in this note and that are this determination, the U.S. Trade for in the new HTSUS heading eligible for temporary duty exemptions Representative considered the public established by Annex A apply in or reductions under subchapter II to comments submitted in the addition to all other applicable duties, chapter 99 shall be subject to the additional duties imposed by heading investigation, as well as advice of fees, exactions, and charges. advisory committees. In determining the 9903.90.07, and any such duty Any product listed in Annex A, level of trade covered by the additional exemption or reduction shall apply only duties, the U.S. Trade Representative except any product that is eligible for to the permanent general rate prescribed considered the value of digital admission under ‘domestic status’ as in provisions of chapters 1 through 97 transactions covered by the United defined in 19 CFR 146.43, which is of the tariff schedule. Kingdom’s DST and the amount of taxes subject to the additional duty imposed The additional duties imposed by assessed by the United Kingdom on U.S. by this determination, and is admitted heading 9903.90.07 do not apply to companies. Estimates indicate that the into a U.S. foreign trade zone on or after goods for which entry is properly value of the DST payable by U.S.-based 12:01 a.m. eastern standard time on claimed under a provision of chapter 98 company groups to the United Kingdom November 29, 2021, only may be of the HTSUS, except for goods entered will be up to approximately $325 admitted as ‘privileged foreign status’ as under subheadings 9802.00.40, million per year. The level of trade defined in 19 CFR 146.41. Such 9802.00.50 and 9802.00.60 and heading covered by the action takes into account products will be subject upon entry for 9802.00.80. For subheadings 9802.00.40, estimates of the amount of tariffs to be consumption to any ad valorem rates of 9802.00.50 and 9802.00.60, the collected on goods of the United duty or quantitative limitations related additional duties apply to the value of Kingdom and the estimates of the to the classification under the repairs, alterations or processing amount of taxes to be assessed by the applicable HTSUS subheading. performed in the United Kingdom and United Kingdom. as described in the applicable Section 305(a) of the Trade Act The U.S. Trade Representative will subheading. For heading 9802.00.80, the provides, in pertinent part, that the U.S. continue to monitor the effect of the additional duties apply to the value of Trade Representative may delay trade action, the progress of discussions the article less the cost or value of such implementation of the action to be taken in the Organisation for Economic Co- products of the United States, as for up to 180 days ‘‘if the Trade operation and Development and G20, described in heading 9802.00.80. Representative determines . . . that a the progress of discussions with the Products of the United Kingdom that delay is necessary or desirable . . . to United Kingdom, and may adopt are provided for in heading 9903.90.07 obtain . . . [a] satisfactory solution with appropriate modifications. If a and classified in one of the subheadings respect to the acts, policies, or practices modification to the action may be enumerated in note 28(b) to this that are the subject of the action.’’ appropriate, the U.S. Trade subchapter shall continue to be subject Pursuant to section 305(a), the U.S. Representative will consider the to antidumping, countervailing or other Trade Representative has determined to duties (including duties imposed by

VerDate Sep<11>2014 17:36 Jun 04, 2021 Jkt 253001 PO 00000 Frm 00116 Fmt 4703 Sfmt 4703 E:\FR\FM\07JNN1.SGM 07JNN1 khammond on DSKJM1Z7X2PROD with NOTICES 30366 Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Notices

other provisions of subchapter III of this 3307.30.50 8415.82.01 chapter and safeguard duties set forth in 3307.49.00 8418.40.00 provisions of subchapter IV of this 3307.90.00 8418.50.00 chapter), fees, exactions and charges 4201.00.60 8418.69.01 that apply to such products, as well as 6104.43.20 8532.24.00 to the additional duties imposed herein. 6201.12.20 9001.10.00 6201.92.45 (b) Heading 9903.90.07 shall apply to 9401.71.00 all products of the United Kingdom that 6202.12.20 6202.13.40 9403.10.00 are classified in the subheadings 9403.20.00 enumerated below: 6202.92.90 6204.43.40 9403.40.90 3213.90.00 6204.44.40 9403.60.80 3303.00.10 6204.49.10 9403.89.60 3303.00.20 6205.20.20 9503.00.00 3303.00.30 6215.10.00 9504.50.00 3304.10.00 6403.59.30 9504.90.40 3304.20.00 6403.59.90 9504.90.60 3304.30.00 6403.91.30 3304.91.00 9504.90.90 6403.99.60 9508.10.00 3304.99.10 6404.20.40 9508.90.00 3304.99.50 6903.90.00 3305.10.00 6907.23.90 9603.29.80’’. 3305.20.00 6907.30.90 2. by inserting the following new 3305.30.00 6910.90.00 heading 9903.90.07 in numerical 3305.90.00 7113.11.50 sequence, with the material in the new 3306.90.00 7113.19.29 heading inserted in the columns of the 3307.10.10 7113.19.50 HTSUS labeled ‘‘Heading/Subheading’’, 3307.10.20 7116.20.50 ‘‘Article Description’’, and ‘‘Rates of 3307.30.10 7117.19.90 Duty 1-General’’, respectively:

Rates of duty Heading/subheading Article description 1 2 General Special

‘‘9903.90.07 ...... ‘‘Articles the product of the United Kingdom, as The duty provided in the provided for in U.S. note 28(a) to this sub- applicable subheading chapter and as provided for in the subheadings + 25%’’. enumerated in U.S. note 28(b) to this subchapter.

HTSUS subheading Product description

3213.90.00 ...... Artists’, students’ or signboard painters’ colors, in tablets, tubes, jars, bottles, pans or in similar packings, not in sets. 3303.00.10 ...... Floral or flower waters, not containing alcohol. 3303.00.20 ...... Perfumes and toilet waters, other than floral or flower waters, not containing alcohol. 3303.00.30 ...... Perfumes and toilet waters, containing alcohol. 3304.10.00 ...... Lip make-up preparations. 3304.20.00 ...... Eye make-up preparations. 3304.30.00 ...... Manicure or pedicure preparations. 3304.91.00 ...... Beauty or make-up powders, whether or not compressed. 3304.99.10 ...... Petroleum jelly put up for retail sale. 3304.99.50 ...... Beauty or make-up preparations & preparations for the care of the skin, excl. medicaments but incl. sunscreen or sun tan preparations, nesoi. 3305.10.00 ...... Shampoos. 3305.20.00 ...... Preparations for permanent waving or straightening the hair. 3305.30.00 ...... Hair lacquers. 3305.90.00 ...... Preparations for use on the hair, nesoi. 3306.90.00 ...... Preparations for oral or dental hygiene, including denture fixative pastes and powders, excluding dentifrices and yarn used to clean between the teeth (dental floss). 3307.10.10 ...... Pre-shave, shaving or after-shave preparations, not containing alcohol. 3307.10.20 ...... Pre-shave, shaving or after-shave preparations, containing alcohol. 3307.30.10 ...... Bath salts, whether or not perfumed.

VerDate Sep<11>2014 17:36 Jun 04, 2021 Jkt 253001 PO 00000 Frm 00117 Fmt 4703 Sfmt 4703 E:\FR\FM\07JNN1.SGM 07JNN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Notices 30367

HTSUS subheading Product description

3307.30.50 ...... Bath preparations, other than bath salts. 3307.49.00 ...... Preparations for perfuming or deodorizing rooms, including odoriferous preparations used during religious rites, nesoi. 3307.90.00 ...... Depilatories and other perfumery, cosmetic or toilet preparations. Nesoi. 4201.00.60 ...... Saddlery and harnesses for animals nesoi, (incl. traces, leads, knee pads, muzzles, saddle cloths and bags and the like), of any material. 6104.43.20 ...... Women’s or girls’ dresses, knitted or crocheted, of synthetic fibers, nesoi. 6201.12.20 ...... Men’s or boys’ overcoats, carcoats, capes, & similar coats of cotton, not knit or crocheted, not containing 15% or more by wt of down, etc. 6201.92.45 ...... Men’s or boys’ anoraks, windbreakers & sim articles nesoi, not knit/crochet, cotton, not cont. 15% or more by wt of down, etc, o/than rec perf outwear. 6202.12.20 ...... Women’s or girls’ overcoats, carcoats, etc, not knitted or crocheted, of cotton, not containing 15% or more by weight of down, etc. 6202.13.40 ...... Women’s or girls’ overcoats, carcoats, capes, cloaks and similar articles, not knitted or crocheted, of man-made fibers, nesoi. 6202.92.90 ...... Women’s/girls’ anoraks, windbreakers & similar articles, nt knit/crochet, cotton, nt cont. 15% or more by wt of down, etc, o/than rec perf outwear. 6204.43.40 ...... Women’s or girls’ dresses, not knitted or crocheted, of synthetic fibers, nesoi. 6204.44.40 ...... Women’s or girls’ dresses, not knitted or crocheted, of artificial fibers, nesoi. 6204.49.10 ...... Women’s or girls’ dresses, not knitted or crocheted, containing 70% or more by weight of silk or silk waste. 6205.20.20 ...... Men’s or boys’ shirts, not knitted or crocheted, of cotton, nesoi. 6215.10.00 ...... Ties, bow ties and cravats, not knitted or crocheted, of silk or silk waste. 6403.59.30 ...... Footwear w/outer soles and uppers of leather, not covering the ankle, welt, nesoi. 6403.59.90 ...... Footwear w/outer soles and uppers of leather, not cov. ankle, n/welt, for persons other than men, youths and boys. 6403.91.30 ...... Footwear w/outer soles of rubber/plastics/composition leather & uppers of leather, covering the ankle, welt. 6403.99.60 ...... Footwear w/outer soles of rubber/plastics/comp. leather & uppers of leather, n/cov. ankle, n/welt, for men, youths and boys, nesoi. 6404.20.40 ...... Footwear w/outer soles of leather/comp. leath., n/o 50% by wt. rub./plast. or rub./plast./text. & 10%+ by wt. rub./plast., val. o/$2.50/pr. 6903.90.00 ...... Refractory ceramic goods (o/than of siliceous fossil meals or earths), nesoi. 6907.23.90 ...... Glazed ceramic flags and paving, hearth, or wall tiles, o/t subheading 6907.30 and 6907.40, of a H2O absorp coeff by wt >10%, nesoi. 6907.30.90 ...... Glazed ceramic mosaic cubes nesoi, o/t subheading 6907.40. 6910.90.00 ...... Ceramic (o/than porcelain or china) sinks, washbasins, baths, bidets, water closet bowls, urinals & siml. sanitary fixtures. 7113.11.50 ...... Silver articles of jewelry and parts thereof, nesoi, valued over $18 per dozen pieces or parts. 7113.19.29 ...... Gold necklaces and neck chains (o/than of rope or mixed links). 7113.19.50 ...... Precious metal (o/than silver) articles of jewelry and parts thereo, whether or not plated or clad with precious metal,nesoi. 7116.20.50 ...... Precious stone articles,nesoi. 7117.19.90 ...... Imitation jewelry (o/than toy jewelry valued not over 8 cents per piece & rope, curb, cable, chain, and similar articles produced in continuous lengths), of base metal (wheth. or n/plated w/prec.metal), nesoi. 8415.82.01 ...... Air conditioning machines incorporating a refrigerating unit, nesoi. 8418.40.00 ...... Freezers of the upright type, not exceeding 900 liters capacity, electric or other. 8418.50.00 ...... Refrigerating or freezing display counters, cabinets, showcases and similar refrigerating or freezing furniture. 8418.69.01 ...... Refrigerating or freezing equipment nesoi. 8532.24.00 ...... Ceramic dielectric fixed capacitors, multilayer. 9001.10.00 ...... Optical fibers, optical fiber bundles and cables, other than those of heading 8544. 9401.71.00 ...... Seats nesoi, w/metal frame (o/than of heading 9402), upholstered. 9403.10.00 ...... Furniture (o/than 9401 or 9402) of metal nesoi, of a kind used in offices. 9403.20.00 ...... Furniture (o/than 9401 or 9402) of metal nesoi, o/than of a kind used in offices. 9403.40.90 ...... Furniture (o/than 9401 or 9402) of wood (o/than bentwood) nesoi, of a kind used in the kitchen & not designed for motor vehicl. Use. 9403.60.80 ...... Furniture (o/than 9401 or 9402) of wood (o/than bentwood) nesoi. 9403.89.60 ...... Furniture (o/than 9401 or 9402) of materials nesoi. 9503.00.00 ...... Toys, including riding toys o/than bicycles, puzzles, reduced scale models. 9504.50.00 ...... Video game consoles and machines, other than those of heading 9504.30. 9504.90.40 ...... Game machines (o/than coin- or token-operated) and parts and accessories thereof. 9504.90.60 ...... Chess, checkers, backgammon, darts and o/table and parlor games played on boards of a special design and parts thereof; poker chips and dice. 9504.90.90 ...... Articles nesoi for arcade, table or parlor games & parts & access.; automatic bowling alley equipment & parts and accessories thereof. 9508.10.00 ...... Traveling circuses and traveling menageries; parts and accessories thereof. 9508.90.00 ...... Merry-go-rounds, boat-swings, shooting galleries and other fairground amusements; traveling theaters; parts and accessories thereof. 9603.29.80 ...... Shaving brushes, hair brushes, nail brushes, eyelash and other toilet brushes for use on the person (o/than tooth brushes), valued o/40 cents each.

[FR Doc. 2021–11862 Filed 6–4–21; 8:45 am] BILLING CODE 3290–F1–P

VerDate Sep<11>2014 17:36 Jun 04, 2021 Jkt 253001 PO 00000 Frm 00118 Fmt 4703 Sfmt 4703 E:\FR\FM\07JNN1.SGM 07JNN1 khammond on DSKJM1Z7X2PROD with NOTICES 30368 Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Notices

DEPARTMENT OF TRANSPORTATION SUPPLEMENTARY INFORMATION: Public status of an inquiry, the system requires Comments Invited: You are asked to the user to have and enter the reference Federal Aviation Administration comment on any aspect of this number and email address that is used information collection, including (a) to when creating the inquiry. Once the [Docket No. FAA–2021–0466] Whether the proposed collection of system confirms that the email address information is necessary for FAA’s and reference number match with the Agency Information Collection performance; (b) the accuracy of the inquiry record that’s currently in the Activities: Requests for Comments; estimated burden; (c) ways for FAA to system, it will display inquiry status Clearance of a New Approval of enhance the quality, utility and clarity and created date of the inquiry. Information Collection: Federal of the information collection; and (d) Respondents: Anyone may use the Aviation Administration (FAA) ways that the burden could be publicly available form to submit an Unmanned Aircraft Systems (UAS) minimized without reducing the quality inquiry. The respondent may submit Support Center Case Management of the collected information. The agency any number of inquiries. System (CMS) will summarize and/or include your comments in the request for OMB’s Frequency: N/A. AGENCY: Federal Aviation clearance of this information collection. Estimated Average Burden per Administration (FAA), DOT. OMB Control Number: 2120–XXXX. Response: Less than two minutes for a ACTION: Notice and request for Title: Federal Aviation typical inquiry. comments. Administration (FAA) Unmanned Aircraft Systems (UAS) Support Center Estimated Total Annual Burden: The SUMMARY: In accordance with the Case Management System (CMS). majority of respondents submit a one- Paperwork Reduction Act of 1995, FAA Form Numbers: Customer Inquiry time inquiry. The annual burden per invites public comments about our form; Customer Inquiry Status Check respondent per inquiry is two minutes. intention to request the Office of Form. Estimate around 22,000 inquiries per Management and Budget (OMB) Type of Review: New Information year equating to 44,000 minutes of total approval for a new information Collection. burden to the public per year. collection. The Federal Aviation Background: The Federal Aviation Issued in Washington, DC. Administration (FAA) Unmanned Administration (FAA) Unmanned Thomas Baker, Aircraft Systems (UAS) Support Center Aircraft Systems (UAS) Support Center Manager, UAS Integration Office, Program Case Management System (CMS) is Case Management System (CMS) will and Data Management, AUS–410. being created to help streamline how streamline how respondents’ questions [FR Doc. 2021–11873 Filed 6–4–21; 8:45 am] stakeholders’ questions are answered in will be answered. Specifically, the UAS BILLING CODE 4910–13–P a timely manner. Specifically, the Support Center CMS Customer Inquiry Contact Customer Support form allows form allows the public and other the public and other stakeholders to ask stakeholders to ask the FAA questions, DEPARTMENT OF TRANSPORTATION the FAA questions, as well as get the as well as get the appropriate answer/ appropriate answer or information they information that is needed to operate Pipeline and Hazardous Materials need to operate their UAS or drone their UAS or drone safely. The UAS Safety Administration safely. The UAS Support Center has a Support Center will have a publicly publicly available form to submit available form to submit inquiries. This Hazardous Materials: Notice of Actions inquiries. This form would be replacing form will allow the UAS Support Center on Special Permits the current web form to be used within to collect the appropriate information the Salesforce solutions that allows UAS about the respondent’s name (i.e., first AGENCY: Pipeline and Hazardous Integration Office additional technology and last), preferred method of Materials Safety Administration to more efficient and streamline the communications (i.e., email or phone), (PHMSA), DOT. UAS Support center business process. email address, phone number, zip code ACTION: Notice of actions on special This form would allow the UAS (if needed), self-identification of type of permit applications. Integration Office to collect the flyer (i.e., recreational, commercial/ business, public safety, local appropriate information about the SUMMARY: In accordance with the stakeholder’s name, preferred method of government, educational/research, procedures governing the application communications email address, phone Eyewitness Report, I don’t know, and for, and the processing of, special number, zip code, type of flyer that other), the subject of the inquiry, and permits from the Department of would allow the Support Center inquiry/question). This information will Transportation’s Hazardous Material Analysts to more efficiently answer the allow the UAS Support Center Analysts Regulations, notice is hereby given that customer’s specific question. more information to efficiently answer the Office of Hazardous Materials Safety DATES: Written comments should be the respondent’s specific question. has received the application described The respondents public form process submitted by August 6, 2021. herein. starts with submitting an inquiry by ADDRESSES: Please send written using the public webform, shared email comments: DATES: Comments must be received on inbox, or by calling the UAS Support or before July 7, 2021. By Electronic Docket: Center Analysts. Once the public user www.regulations.gov (Enter docket submits an inquiry, they will receive an ADDRESSES: Record Center, Pipeline and number into search field) automated system email receipt that Hazardous Materials Safety By mail: Mark Hyatt, 490 L’Enfant Plaza, includes inquiry reference number, Administration, U.S. Department of Suite 2206, Washington, DC 20024 created date, ‘‘tell us about yourself,’’ Transportation, Washington, DC 20590. By fax: 202–267–8249 subject, and their inquiry/question. The Comments should refer to the FOR FURTHER INFORMATION CONTACT: public users can also use the inquiry application number and be submitted in Mark Hyatt by email at: mark.hyatt@ status public page to check their inquiry triplicate. If confirmation of receipt of faa.gov; phone: 202–267–3676. status. For a public user to check the comments is desired, include a self-

VerDate Sep<11>2014 17:36 Jun 04, 2021 Jkt 253001 PO 00000 Frm 00119 Fmt 4703 Sfmt 4703 E:\FR\FM\07JNN1.SGM 07JNN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Notices 30369

addressed stamped postcard showing 1200 New Jersey Avenue Southeast, This notice of receipt of applications the special permit number. Washington, DC 20590–0001, (202) 366– for special permit is published in FOR FURTHER INFORMATION CONTACT: 4535. accordance with part 107 of the Federal Donald Burger, Chief, Office of hazardous materials transportation law SUPPLEMENTARY INFORMATION: Copies of (49 U.S.C. 5117(b); 49 CFR 1.53(b)). Hazardous Materials Safety General the applications are available for Approvals and Permits Branch, Pipeline inspection in the Records Center, East Issued in Washington, DC, on June 2, 2021. and Hazardous Materials Safety Building, PHH–30, 1200 New Jersey Donald P. Burger, Administration, U.S. Department of Avenue Southeast, Washington DC. Chief, General Approvals and Permits Transportation, East Building, PHH–13, Branch.

Application No. Applicant Regulation(s) affected Nature of the special permits thereof

Special Permits Data—Granted

5749–M ...... Chemours Company Fc LLC .. 173.315(a) ...... To modify the special permit to authorize a new distillate trail- er. 11110–M ...... United Parcel Service Co ...... 171.8, 175.75 ...... To modify the special permit to authorize additional airlines to use the permit. 14782–M ...... Southern States, LLC ...... 173.304a ...... To modify the special permit to act as an approval and to comply with the International Maritime Dangerous Goods Code. 20301–M ...... Tesla, Inc ...... 172.101(j), 173.185(a)(1), To modify the special permit to authorize a new pressure re- 173.185(b)(3)(i), lief design and to increase cell energy. 173.185(b)(3)(ii). 20706–M ...... Southern States, LLC ...... 172.301(c), 173.304(a) ...... To modify the special permit to authorize the transportation in commerce of compressed sulfur hexafluoride gas in non- DOT specification packaging in accordance with IMDG Regulations. 20801–M ...... New Avon Company ...... 172.315(a)(2) ...... To modify the special permit to authorize cargo vessel as a mode of transportation. 21080–N ...... Visuray LLC ...... 173.222(c)(3) ...... To authorize the transportation in commerce of machinery/apparatus containing quantities of Division 2.2 gases in excess of what is authorized in 173.222. 21088–N ...... Logbatt Gmbh ...... 173.24(g) ...... To authorize the manufacture, mark, sale, and use of packagings that vent for the purpose of transporting damaged, defective, and recalled batteries. 21105–M ...... US EPA Region 5 ...... 172.102(c)(1), 173.185(f)(1), To modify the special permit to authorize the transportation of 173.185(f)(3). damaged, silicone-covered Maxell cells. 21139–N ...... KULR Technology Corporation 172.200, 172.700(a) ...... To authorize the transportation in commerce of lithium batteries with limited relief from the shipping papers and training required in 49 CFR Subparts C and H of Part 172 of the U.S. HMR when shipped in a thermal containment packaging manufactured by KULR for recycling. 21141–N ...... Pollution Control Inc ...... 172.320, 173.56(b) ...... To authorize the transportation in commerce, for the purpose of disposal only, of certain waste energetic substances classed as Division 1.1D, subject to the packaging and special provisions prescribed herein. 21168–N ...... Nexair, LLC ...... 172.203(a), 180.205(c), To authorize the transportation in commerce of certain Divi- 180.209(a), 180.209(b)(1), sion 2.1 and 2.2 hazardous materials in DOT Specification 180.209(b)(1)(iv). 3AL cylinders, cylinders manufactured under DOT–SP 12440, and ISO 7866 cylinders that are requalified every ten years rather than every five years using 100% ultra- sonic examination. 21174–N ...... LG Energy Solution, Ltd ...... 172.101(j) ...... To authorize the transportation in commerce of lithium batteries exceeding 35 kg by cargo-only aircraft. 21181–N ...... Terracycle Regulated Waste 172.102(c), 172.200, 172.300, To authorize the manufacture, marking, sale and use of non- LLC. 172.400, 173.159a(c)(2), DOT specification fiberboard boxes for the transportation in 173.185(c)(1)(iii), commerce of certain batteries without shipping papers, 173.185(c)(1)(iv), marking of the proper shipping name and identification 173.185(c)(1)(v), number or labeling, when transported for recycling or dis- 173.185(c)(3). posal. 21192–N ...... Vacco Industries...... To authorize the transportation in commerce of non-DOT specification receptacles containing certain refrigerant gases housed within a satellite. 21194–N ...... Spaceflight, Inc ...... 173.185(e)(3) ...... To authorize the transportation in commerce of prototype and low production lithium batteries contained in equipment in alternative packaging by ground transportation. 21200–N ...... National Aeronautics and 173.301(a)(1), 173.301(f)(1), To authorize the transportation in commerce of non-DOT Space Administration. 173.301(h)(3), specification cylinders containing compressed air. 173.302(a)(1), 173.302(f)(2). 21204–N ...... Aegis Resource Management 172.400 ...... To authorize the transportation in commerce of certain waste LLC. hazardous materials when utilizing alternate hazard communication.

VerDate Sep<11>2014 17:36 Jun 04, 2021 Jkt 253001 PO 00000 Frm 00120 Fmt 4703 Sfmt 4703 E:\FR\FM\07JNN1.SGM 07JNN1 khammond on DSKJM1Z7X2PROD with NOTICES 30370 Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Notices

Application No. Applicant Regulation(s) affected Nature of the special permits thereof

21211–N ...... The Home Depot Inc ...... 172.301(a)(1), 172.301(c), To authorize the transportation of hand sanitizer for donation 172.301(d). in non-bulk combination packages without certain markings. 21213–N ...... Space Exploration Tech- 172.300, 172.400, 173.302(a) To authorize the transportation in commerce of satellites con- nologies Corp. taining krypton, compressed in non-DOT specification cylinders. 21220–N ...... Fireworks Over America ...... 172.301(a)(1), 172.401(a)(2)... To authorize the transportation in commerce of fireworks classed as UN0355 by China as UN0431 within the US. 21223–N ...... Atlas Pyrovision Entertainment 173.56 ...... To authorize the transportation of pyrotechnic articles that are Group, Inc. reclassed as fireworks. 21225–N ...... Praxair Distribution, Inc ...... 173.301(f), 179.500–12 ...... To authorize the transportation in commerce of dinitrogen te- troxide in multi-unit tank cars equipped with pressure relief devices.

Special Permits Data—Denied

20705–M ...... Exhaust Center, Inc ...... 177.834(h), 178.700(c)(1) ...... To modify the special permit to authorize three new tank designs. 21143–N ...... Tradewater LLC ...... 172.700(a), 173.306(a) ...... To authorize the transportation in commerce of refrigerant gases in DOT 2Q receptacles as limited quantities by motor vehicle and rail without requiring training in accordance with Part 172 subpart H. 21170–N ...... Westwind Helicopters, Inc ...... 172.101(j) ...... To authorize the transportation in commerce of certain hazardous materials by passenger-carrying aircraft in quantities that exceed the limitation in Column (9A) of the 172.101 Table.

Special Permits Data—Withdrawn

21230–N ...... National Air Cargo Group, Inc 175.501(d) ...... To authorize the carriage of a Division 2.2 material exceeding the quantity limitations for cargo aircraft. 21236–N ...... Tesla, Inc ...... 173.185(b)(1) ...... To authorize the transportation in commerce of lithium ion cells within alternative packaging.

[FR Doc. 2021–11877 Filed 6–4–21; 8:45 am] the Office of Hazardous Materials Safety Hazardous Materials Safety General BILLING CODE 4910–60–P has received the application described Approvals and Permits Branch, Pipeline herein. Each mode of transportation for and Hazardous Materials Safety which a particular special permit is Administration, U.S. Department of DEPARTMENT OF TRANSPORTATION requested is indicated by a number in Transportation, East Building, PHH–13, the ‘‘Nature of Application’’ portion of 1200 New Jersey Avenue Southeast, Pipeline and Hazardous Materials the table below as follows: 1—Motor Safety Administration Washington, DC 20590–0001, (202) 366– vehicle, 2—Rail freight, 3—Cargo vessel, 4535. 4—Cargo aircraft only, 5—Passenger- Hazardous Materials: Notice of carrying aircraft. SUPPLEMENTARY INFORMATION: Copies of Applications for Modifications to DATES: Comments must be received on the applications are available for Special Permit or before June 22, 2021. inspection in the Records Center, East AGENCY: Pipeline and Hazardous ADDRESSES: Record Center, Pipeline and Building, PHH–30, 1200 New Jersey Materials Safety Administration Hazardous Materials Safety Avenue Southeast, Washington, DC. (PHMSA), DOT. Administration U.S. Department of This notice of receipt of applications ACTION: List of applications for Transportation Washington, DC 20590. for special permit is published in modification of special permits. Comments should refer to the accordance with part 107 of the Federal application number and be submitted in hazardous materials transportation law SUMMARY: In accordance with the triplicate. If confirmation of receipt of (49 U.S.C. 5117(b); 49 CFR 1.53(b)). procedures governing the application comments is desired, include a self- for, and the processing of, special addressed stamped postcard showing Issued in Washington, DC, on June 2, 2021. permits from the Department of the special permit number. Donald P. Burger, Transportation’s Hazardous Material FOR FURTHER INFORMATION CONTACT: Chief, General Approvals and Permits Regulations, notice is hereby given that Donald Burger, Chief, Office of Branch.

Application No. Applicant Regulation(s) affected Nature of the special permits thereof

Special Permits Data

11947–M ...... Patts Fabrication, Inc ...... 173.241, 173.242, 173.243, To modify the special permit to authorize additional hazmat to 177.834(h). be transported. (mode 1).

VerDate Sep<11>2014 17:36 Jun 04, 2021 Jkt 253001 PO 00000 Frm 00121 Fmt 4703 Sfmt 4703 E:\FR\FM\07JNN1.SGM 07JNN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Notices 30371

Application No. Applicant Regulation(s) affected Nature of the special permits thereof

12240–M ...... Spence Air Service ...... 172.101(j), 172.200, To modify the special permit to waive certain marking and 172.204(c)(3), 172.301, shipping paper requirements. (mode 5). 173.27(b)(1), 175.33, 175.75(b). 13173–M ...... Luxfer Canada Limited ...... 172.101(j), 173.302a(a)(1), To modify the special permit to authorize use the manufac- 180.205(g). ture, marking, sale, and use of non-DOT specification fully wrapped carbon-fiber reinforced aluminum lined cylinders which are manifolded and permanently mounted in a protective frame for the transportation in commerce of the materials authorized by this special permit and authorize the use of a pneumatic proof pressure test for periodic requali- fication. (modes 1, 2, 3, 4). 13220–M ...... Entegris, Inc ...... 173.302, 173.302c ...... To modify the special permit by authorizing additional carbon steels specified for the cylindrical shell of the pressure vessel. (modes 1, 2, 3). 14518–M ...... Federal Cartridge Company.... 172.301(c), 173.56(b), 173.62 To modify the special permit to authorize primers to be shipped without an EX approval. (mode 1). 16231–M ...... Thales Alenia Space ...... 172.101(j), 173.301(f), To modify the special permit to authorize additional 2.3 173.302a(a)(1), hazmat. (modes 1, 3, 4). 173.304a(a)(2). 20279–M ...... City Carbonic LLC ...... 180.207(d)(1) ...... To modify the special permit to remove specific manufacturer applicability to the manufacture of authorized cylinders. (modes 1, 2, 3, 4, 5). 21069–M ...... Catalina Composites, Inc ...... 173.302a, 178.71(l)(1) ...... To modify the special permit to authorize ISO 9712 as alternative to ISO 11515:2013 Section 9.1.1 certification. (modes 1, 2, 3, 4).

[FR Doc. 2021–11876 Filed 6–4–21; 8:45 am] Environmental Conservation (NYSDEC). Chapter 6, Sections 230.4(a)(3), 230.6(b) BILLING CODE P PHMSA found that the HMTA & (c).2 preempted the NYSDEC requirements Applicable Federal Requirements: because the requirements were not Federal Hazardous Material DEPARTMENT OF TRANSPORTATION substantively the same as requirements Transportation Law (HMTA), 49 U.S.C. in the HMR on the marking, 5101 et seq., and the Hazardous Pipeline and Hazardous Materials maintaining, repairing, or testing of a Materials Regulations (HMR), 49 CFR Safety Administration package or container that is represented, parts 171–180. [Docket No. PHMSA–98–3599; PD–19(R)] marked, certified, or sold as qualified Mode Affected: Highway. for transporting hazardous material. I. Background Hazardous Materials: The New York NYSDEC’s petition for reconsideration This proceeding was initiated in State Department of Environmental of that decision is dismissed on the February 1998, when NTTC applied to Conservation Requirements on grounds of mootness. NYSDEC has PHMSA for a determination that the Gasoline Transport Vehicles made significant revisions to its HMTA preempted certain marking and AGENCY: Pipeline and Hazardous regulations, and the revised rules do not record keeping requirements of Materials Safety Administration, appear to impose the same requirements NYSDEC. Department of Transportation (DOT). on regulated entities as the previous After NTTC filed its application, two ACTION: Dismissal of petition for version of the rules that were challenged key rulemakings occurred that delayed reconsideration of an administrative in this proceeding. It therefore does not PHMSA’s decision on NTTC’s claims. determination of preemption. appear that reconsidering PHMSA’s The rulemakings, one initiated by preemption determination regarding the PHMSA, and the other by the United SUMMARY: This proceeding was initiated now-superseded NYSDEC rules would States Environmental Protection Agency in February 1998, when the National have any practical effect. Tank Truck Carriers, Inc. (NTTC) (EPA), although not related, addressed applied to the Pipeline and Hazardous FOR FURTHER INFORMATION CONTACT: many of the issues raised in NTTC’s Materials Safety Administration 1 Vincent Lopez, Office of Chief Counsel, application. The agencies’ rulemaking (PHMSA) for a determination that the Pipeline and Hazardous Materials Safety activities spanned several years and HMTA preempted certain marking and Administration, U.S. Department of culminated in December 2009, when record keeping requirements of the New Transportation, 1200 New Jersey EPA issued a rule change and 3 York State Department of Avenue SE, Washington, DC 20590; clarification of its rules. Telephone No. 202–366–4400; 2 The NYSDEC repealed and replaced Part 230, 1 At the time of NTTC’s application, PHMSA did Facsimile No. 202–366–7041. not exist. PHMSA was created on February 20, with an effective date of February 11, 2021. The marking requirement in 6 NYCRR 230.4(a)(3), as 2005, when the Secretary of Transportation SUPPLEMENTARY INFORMATION: redelegated hazardous materials safety functions amended, was recodified in 6 NYCRR 230.6(a)(2). from the Research and Special Programs Petitioner: New York State The recordkeeping and retention requirements of 6 NYCRR 230.6(b) and (c), as amended, were Administration (RSPA) to PHMSA’s Administrator. Department of Environmental For consistency, the terms ‘‘PHMSA,’’ ‘‘the agency,’’ recodified in 6 NYCRR 230.7(a)(1) and (a)(2), and ‘‘we’’ are used throughout this decision, Conservation. respectively. 3 regardless of whether an action was taken by RSPA Local Law Affected: New York Codes, Final Rule, 73 FR 1916 (January 10, 2008); before February 20, 2005, or by PHMSA after that corrections, 73 FR 12275 (March 7, 2008); Final date. Rules and Regulations (NYCRR), Continued

VerDate Sep<11>2014 17:36 Jun 04, 2021 Jkt 253001 PO 00000 Frm 00122 Fmt 4703 Sfmt 4703 E:\FR\FM\07JNN1.SGM 07JNN1 khammond on DSKJM1Z7X2PROD with NOTICES 30372 Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Notices

Earlier in 2009, and subsequent to the transport vehicles and recordkeeping entities as the previous version of the publication of final rules in each of the and reporting requirements. rules that were challenged in this PHMSA and EPA rulemakings, but proceeding. Consequently, it would be II. Dismissal on Grounds of Mootness before EPA’s clarification of its rules, inappropriate for PHMSA to render a PHMSA issued its decision on NTTC’s NYSDEC’s legislative changes to its decision on a petition for application. On January 23, 2009, rules have rendered moot NYSDEC’s reconsideration that was filed more than PHMSA published in the Federal petition for reconsideration of PHMSA’s a decade ago, for relief from the agency’s Register its determination of NTTC’s 2009 preemption determination. preemption determination that was application in Preemption NYSDEC, in its February 12, 2020, based on a previous version of Determination No. 19(R) (PD–19(R)), 74 rulemaking proposal, required pressure- NYSDEC’s pressure-vacuum cargo tank FR 4291.4 PHMSA found that the vacuum cargo tank testing and markings testing and markings requirements HMTA preempted the following that align with DOT’s testing and when those requirements have recently NYSDEC requirements because the marking requirements. NYSDEC undergone significant revisions. It requirements were not substantively the indicated that the proposed appears that issuing a decision on the same as requirements in the HMR on the amendments would make the petition for reconsideration would have marking, maintaining, repairing, or requirements consistent on the state and no practical effect on any party. testing of a package or container that is federal level. Furthermore, NYSDEC represented, marked, certified, or sold proposed to revise the gasoline transport III. Ruling as qualified for transporting hazardous vehicle recordkeeping retention For the reasons set forth above, material: requirements from 2 years to 5 years in NYSDEC’s petition for reconsideration • 6 NYCRR 230.4(a)(3)—requirement order to align with the current version is dismissed because the issues raised in that the marking must be a minimum of the EPA’s recordkeeping requirement the petition are moot. two inches and contain ‘‘NYS DEC’’; located at 40 CFR part 63 subpart Going forward, any person directly • 6 NYCRR 230.6(b)—requirement for CCCCCC. affected by the revised NYSDEC rules maintaining a copy of the most recent The recently adopted requirements in (including a State, political subdivision pressure-vacuum test results with the 6 NYCRR Part 230, sections 230.6 and of a State, or Indian tribe) may apply to gasoline transport vehicle; and 230.7, became effective on February 11, PHMSA for a decision on whether the • 6 NYCRR 230.6(c)—requirement to 2021. These provisions contain the revised rules are preempted by the retain pressure-vacuum test and repair requirements that were at issue in this HMTA. 49 U.S.C. 5125(d); 49 CFR results for two years. proceeding for marking gasoline 107.203. Similarly, any person who Within the 20-day time period transport vehicles and recordkeeping thinks there is a practical reason for provided in 49 CFR 107.211(a), and reporting requirements. The PHMSA to revisit its preemption NYSDEC submitted a petition for provision for the marking of gasoline decision regarding the now-superseded reconsideration of PHMSA’s decision in transport vehicles states: rules may apply to PHMSA for a new PD–19(R). NYSDEC asked PHMSA to decision on that question. rescind its preemption determination (a) No owner or operator of a gasoline transport vehicle may transport gasoline or and dismiss the application by NTTC. In Issued in Washington, DC, on May 26, allow the vehicle to be filled or emptied in 2021. April 2009, PHMSA extended the New York State unless the gasoline transport Vasiliki Tsaganos, period for comments on NYSDEC’s vehicle meets: petition due to the unusually long (1) the federal Department of Acting Chief Counsel. period it took for the agency to issue Transportation (DOT) requirements for leak [FR Doc. 2021–11494 Filed 6–4–21; 8:45 am] PD–19(R). This action was followed by testing as required by 49 CFR 180.407(h) (see BILLING CODE 4910–60–P another extended period of inactivity Table 1, Section 200.9 of this Title); and until August 26, 2010, when PHMSA (2) the federal DOT requirements for test reopened the period for comments on markings as required by 49 CFR 180.415 (see DEPARTMENT OF TRANSPORTATION NYSDEC’s petition for reconsideration Table 1, Section 200.9 of this Title). to receive comments on EPA’s rule 6 NYCRR 230.6. Pipeline and Hazardous Materials changes. The matter has remained The recordkeeping and reporting Safety Administration dormant since that time based on provision states: PHMSA’s understanding that NYSDEC Hazardous Materials: Notice of (a) The owner of any gasoline transport Applications for New Special Permits was planning to revise its regulations. vehicle subject to the leak testing On February 12, 2020, NYSDEC requirements outlined in section 230.6(a) of AGENCY: Pipeline and Hazardous proposed a rulemaking to repeal and this Part shall keep: Materials Safety Administration replace 6 NYCRR Part 230 Gasoline (1) leak testing records with information as (PHMSA), DOT. Dispensing Sites and Transport prescribed by 49 CFR 180.417(b)(1) and (2) ACTION: List of applications for special (see Table 1, Section 200.9 of this Title) for Vehicles. Volume XLII, Issue 6, N.Y. permits. Reg, 8 (February 12, 2020). The adopted 5 years; and requirements in 6 NYCRR Part 230, (2) a copy of the most recent leak testing SUMMARY: In accordance with the sections 230.6 and 230.7, became results with the gasoline transport vehicle. procedures governing the application effective on February 11, 2021. These 6 NYCRR 230.7. for, and the processing of, special provisions contain revised versions of In light of the facts and circumstances permits from the Department of the requirements that were at issue in described above, it is apparent the Transportation’s Hazardous Material this proceeding for marking gasoline NYSDEC rules that PHMSA found were Regulations, notice is hereby given that preempted under the HMTA—and the Office of Hazardous Materials Safety Rule with amendments and clarifications, 76 FR subject of NYSDEC’s petition for has received the application described 4156 (January 24, 2011). reconsideration—have been herein. Each mode of transportation for 4 As published in the Federal Register, the agency’s January 23, 2009 determination in PD– significantly revised. On their face, the which a particular special permit is 19(R) indicated an incorrect docket number (99– revised rules do not appear to impose requested is indicated by a number in 3559, instead of 98–3559). the same requirements on regulated the ‘‘Nature of Application’’ portion of

VerDate Sep<11>2014 17:36 Jun 04, 2021 Jkt 253001 PO 00000 Frm 00123 Fmt 4703 Sfmt 4703 E:\FR\FM\07JNN1.SGM 07JNN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Notices 30373

the table below as follows: 1—Motor addressed stamped postcard showing inspection in the Records Center, East vehicle, 2—Rail freight, 3—Cargo vessel, the special permit number. Building, PHH–30, 1200 New Jersey 4—Cargo aircraft only, 5—Passenger- FOR FURTHER INFORMATION CONTACT: Avenue Southeast, Washington DC. carrying aircraft. Donald Burger, Chief, Office of This notice of receipt of applications DATES: Comments must be received on Hazardous Materials Safety General for special permit is published in or before July 7, 2021. Approvals and Permits Branch, Pipeline accordance with part 107 of the Federal ADDRESSES: Record Center, Pipeline and and Hazardous Materials Safety hazardous materials transportation law Administration, U.S. Department of Hazardous Materials Safety (49 U.S.C. 5117(b); 49 CFR 1.53(b)). Administration, U.S. Department of Transportation, East Building, PHH–13, Transportation, Washington, DC 20590. 1200 New Jersey Avenue Southeast, Issued in Washington, DC, on June 2, 2021. Comments should refer to the Washington, DC 20590–0001, (202) 366– Donald P. Burger, application number and be submitted in 4535. Chief, General Approvals and Permits triplicate. If confirmation of receipt of SUPPLEMENTARY INFORMATION: Copies of Branch. comments is desired, include a self- the applications are available for

Application Regulation(s) No. Applicant affected Nature of the special permits thereof

21227–N ...... Apollo Fusion, Inc ...... 173.302 ...... To authorize the transportation in commerce of Xenon in non- DOT specification cylinders. (mode 1). 21231–N ...... Patrick J. Kelly Drums, Inc ...... 173.28(b) ...... To authorize the recondition of UN specification metal drums that have minimum steel thicknesses below those now authorized in 49 CFR § 173.28(b)(4). (modes 1, 2, 3, 4, 5). 21232–N ...... Scandinavian Airlines System 175.75(c) ...... To authorize the transportation in commerce of aviation fuel Denmark-Norway-Sweden. contained in a fuel tank by passenger-carrying aircraft in quantities that exceed the limitation for materials loaded in an inaccessible manner. (mode 5). 21233–N ...... Airopack B.V ...... 178.33b–6(a) ...... To authorize the manufacture, mark, sale, and use of DOT 2S inner containers manufactured from recycled materials. (modes 1, 2, 3, 4, 5). 21234–N ...... Air Liquide Advanced Mate- 173.301 ...... To authorize the transportation in commerce of Dichlorosilane rials Inc. in non-DOT specification cylinders. (modes 1, 3). 21235–N ...... United States Dept. of Energy 173.413, 173.416 ...... To authorize the transportation in commerce of certain Class 7 materials in alternative packaging. (mode 1). 21237–N ...... Mauser USA, LLC ...... 178.503(a)(3)(ii) ...... To authorize the use of certain 1H1 plastic drums with markings that do not include the ‘‘Y’’ letter identifying that the packagings have been successfully tested to meet the Packing Group II performance standard. (modes 1, 2, 3, 4, 5). 21238–N ...... Target Stores, Inc ...... 172.315(a)(2) ...... To authorize the transportation in commerce of limited quantities of hazardous materials that are marked with a limited quantity marking having dimensions of 25 mm by 25 mm. (modes 1, 2). 21240–N ...... Volkswagen Group of America 172.101(j), 173.185(b)(1) ...... To authorize the transportation in commerce of lithium ion Chattanooga Operations, batteries exceeding 35 kg by cargo-only aircraft in alter- LLC. native packaging. (mode 4). 21241–N ...... ZF Airbag Germany Gmbh ..... 173.301(h), 173.302a(a) ...... To authorize the manufacture, mark, sale and use of non- DOT specification pressure vessels for use as components of safety systems and explosive articles. (modes 1, 2, 3, 4, 5). 21242–N ...... Myers Container, LLC ...... 178.503(a)(10) ...... To authorize the use of specification steel drums exceeding 100 L where the specification marking on the bottom of the drum indicates a different year of manufacture than the top/ side. (modes 1, 2, 3, 4, 5). 21244–N ...... Contrivance Incorporated ...... 172.203(a), 172.301(c), To authorize the repair of certain DOT 4L cylinders without 180.211(c)(2)(i). requiring pressure testing. (modes 1, 2, 3, 4, 5).

[FR Doc. 2021–11878 Filed 6–4–21; 8:45 am] SUMMARY: The Internal Revenue Service information reporting. Nominations of BILLING CODE 4910–60–P (IRS) is seeking new members to serve qualified individuals may come from on the Internal Revenue Service individuals or organizations; Advisory Council (IRSAC). Applications applications should describe and DEPARTMENT OF THE TREASURY are currently being accepted for document the proposed member’s appointments that will begin in January qualifications for IRSAC. Internal Revenue Service 2022. IRSAC members are drawn from DATES: Applications must be received substantially diverse backgrounds on or before July 9, 2021. Internal Revenue Service Advisory representing a cross-section of the Council (IRSAC); Nominations taxpaying public with substantial, ADDRESSES: Applications should be AGENCY: Internal Revenue Service, disparate experience in: Tax preparation submitted to IRS National Public Department of the Treasury. for individuals, small businesses and Liaison via email to publicliaison@ large, multi-national corporations; tax- irs.gov or electronic fax to 855–811– ACTION: Request for Nominations. exempt and government entities; and 8021. Application packages are

VerDate Sep<11>2014 17:36 Jun 04, 2021 Jkt 253001 PO 00000 Frm 00124 Fmt 4703 Sfmt 4703 E:\FR\FM\07JNN1.SGM 07JNN1 khammond on DSKJM1Z7X2PROD with NOTICES 30374 Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Notices

available on the IRS website at https:// tax issues and topics, with multi- perspectives are represented. In www.irs.gov/tax-professionals/open- lingual taxpayer communications, accordance with the Department of season-for-membership-in-the-internal- with taxpayer advocacy or contact Treasury Directive 21–03, a clearance revenue-service-advisory-council-irsac- center operations, marketing/applying process, including annual tax 1. industry benchmarks to operations, compliance checks and a practitioner FOR FURTHER INFORMATION CONTACT: with tax software industry, and/or check with the IRS Office of Anna Brown at 202–317–6564 (not a with the creation or use of diverse Professional Responsibility, will be toll-free number) or send an email to information returns used to report conducted. In addition, all applicants income, deductions, withholding, or [email protected]. deemed ‘‘Best Qualified’’ shall undergo other information for tax purposes; a Federal Bureau of Investigation SUPPLEMENTARY INFORMATION: In familiarity with IRS tax forms and fingerprint check. particular, the IRSAC is seeking publications; financial services applicants with knowledge and The IRSAC is authorized under the information technology background Federal Advisory Committee Act, Public background in some of the following with knowledge of technology areas: Law 92–463. The first Advisory Group innovations in public and private to the Commissioner of Internal Information Reporting—Service customer service sectors. provider, banking industry and/or Revenue—the Commissioner’s Advisory The IRSAC serves as an advisory body Group—was established in 1953 as a insurance industry background with to the Commissioner of Internal experience filing information returns ‘‘national policy and/or issue advisory Revenue and provides an organized committee.’’ Renamed in 1998, the Large Business & International— public forum for discussion of relevant International tax expertise; experience Internal Revenue Service Advisory tax administration issues between IRS Council (IRSAC) reflects the agency- as a certified public accountant or tax officials and representatives of the attorney working in or for a large, wide scope of its focus as an advisory public. The IRSAC proposes body to the entire agency. sophisticated organization; experience enhancements to IRS operations, working in-house at a major firm recommends administrative and policy All applicants will be sent an dealing with complex organizations changes to improve taxpayer service, acknowledgment of receipt. Small Business & Self-Employed— compliance and tax administration, Equal opportunity practices will be Knowledge or experience with virtual discusses relevant information reporting followed for all appointments to the currency/cryptocurrency and/or peer issues, addresses matters concerning IRSAC in accordance with the to peer payment applications; tax-exempt and government entities, Department of Treasury and IRS knowledge of passthrough entities and conveys the public’s perception of policies. The IRS has special interest in and/or fiduciary tax; experience with professional standards and best assuring that women and men, members online or digital businesses, audit practices for tax professionals. of all races and national origins, and representation, and/or educating on IRSAC holds approximately four, two- individuals with disabilities have an tax issues and topics day working sessions and at least one opportunity to serve on advisory Tax Exempt & Government Entities— public meeting per year. Members are committees. Therefore, the IRS extends Experience with exempt organizations not paid for their services; any travel particular encouragement to and/or employee plans expenses are reimbursed within federal nominations from such appropriately Wage & Investment—Knowledge of tax government guidelines. qualified candidates. law application/tax preparation Appointed by the Commissioner of experience, income tax issues related Internal Revenue with the concurrence Dated: May 26, 2021. to refundable credits, the audit of the Secretary of the Treasury, IRSAC John A. Lipold, process, and/or how information members will serve three-year terms to Designated Federal Official, IRSAC. returns are used and integrated for allow for a rotation in membership [FR Doc. 2021–11451 Filed 6–4–21; 8:45 am] compliance; experience educating on which ensures that different BILLING CODE 4830–01–P

VerDate Sep<11>2014 17:36 Jun 04, 2021 Jkt 253001 PO 00000 Frm 00125 Fmt 4703 Sfmt 9990 E:\FR\FM\07JNN1.SGM 07JNN1 khammond on DSKJM1Z7X2PROD with NOTICES i

Reader Aids Federal Register Vol. 86, No. 107 Monday, June 7, 2021

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING JUNE

Federal Register/Code of Federal Regulations At the end of each month the Office of the Federal Register General Information, indexes and other finding 202–741–6000 publishes separately a List of CFR Sections Affected (LSA), which aids lists parts and sections affected by documents published since Laws 741–6000 the revision date of each title. 734...... 29189 Presidential Documents 2 CFR 744...... 29190 Executive orders and proclamations 741–6000 1000...... 29483 The United States Government Manual 741–6000 16 CFR 3 CFR Other Services Proposed Rules: Proclamations: 305...... 29533 Electronic and on-line services (voice) 741–6020 10218...... 29925 Privacy Act Compilation 741–6050 10219...... 29929 17 CFR 10220...... 30131 242...... 29195 10221...... 30133 ELECTRONIC RESEARCH 10222...... 30135 18 CFR 10223...... 30137 World Wide Web 37...... 29491 10224...... 30139 38...... 29491 Full text of the daily Federal Register, CFR and other publications 10225...... 30141 154...... 29503 is located at: www.govinfo.gov. 10226...... 30143 260...... 29503 Federal Register information and research tools, including Public Executive Orders: 284...... 29503 Inspection List and electronic text are located at: 13959 (partially www.federalregister.gov. superseded and 21 CFR amended by 1308...... 29506 E-mail 14026) ...... 30145 1310...... 30169 13974 (revoked by FEDREGTOC (Daily Federal Register Table of Contents Electronic 14032) ...... 30145 Mailing List) is an open e-mail service that provides subscribers 22 CFR 14031...... 29675 with a digital form of the Federal Register Table of Contents. The 121...... 29196 14032...... 30145 digital form of the Federal Register Table of Contents includes 123...... 29196 HTML and PDF links to the full text of each document. Administrative Orders: 124...... 29196 Orders: To join or leave, go to https://public.govdelivery.com/accounts/ 126...... 29196 Order of May 28, 129...... 29196 USGPOOFR/subscriber/new, enter your email address, then 2021 ...... 29927 follow the instructions to join, leave, or manage your 306...... 30169 5 CFR subscription. 29 CFR Ch. CII ...... 29931 PENS (Public Law Electronic Notification Service) is an e-mail 1473...... 29196 service that notifies subscribers of recently enacted laws. 10 CFR To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html 30 CFR 34...... 29173 and select Join or leave the list (or change settings); then follow Ch. I ...... 29683 723...... 29509 the instructions. 1061...... 29932 724...... 29509 845...... 29509 FEDREGTOC and PENS are mailing lists only. We cannot Proposed Rules: 846...... 29509 respond to specific inquiries. 429...... 29888 Proposed Rules: Reference questions. Send questions and comments about the 430 ...... 29704, 29888, 29954, 917...... 29709 Federal Register system to: [email protected] 29964 The Federal Register staff cannot interpret specific documents or 12 CFR 31 CFR regulations. 204...... 29937 525...... 29197 1026...... 29685 33 CFR FEDERAL REGISTER PAGES AND DATE, JUNE 14 CFR 100...... 29691 29173–29482...... 1 39 ...... 29176, 29178, 29181, 117...... 29204 29483–29674...... 2 29183, 29185, 29187, 29483, 165...... 30178, 30180 29675–29928...... 3 29486, 29939, 29942, 29944, Proposed Rules: 29929–30130...... 4 30151, 30153, 30155, 30158, 100 ...... 29711, 30221, 30224 30131–30374...... 7 30162 165 ...... 29725, 29727, 30228, 71 ...... 29488, 29489, 29946, 30230 30164, 30165, 30167, 30168 73...... 29687 38 CFR 97...... 29688, 29690 5...... 30182 Proposed Rules: 39 ...... 29212, 29216, 29705, 39 CFR 29707, 30216, 30218 Proposed Rules: 71 ...... 29530, 29531, 29967, 20...... 29732 29969 111...... 29734 15 CFR 40 CFR 732...... 29189 9 ...... 30184, 30190, 30196

VerDate Sep 11 2014 20:07 Jun 04, 2021 Jkt 253001 PO 00000 Frm 00001 Fmt 4712 Sfmt 4712 E:\FR\FM\07JNCU.LOC 07JNCU khammond on DSKJM1Z7X2PROD with FR-3CU ii Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Reader Aids

30...... 29515 Proposed Rules: 45 CFR Proposed Rules: 52 ...... 29219, 29222, 29227, 51...... 29948 1225...... 30169 1180...... 30243 52 ...... 29205, 29517, 29520, 30232, 30234 29948, 29949, 30201 121...... 29541 47 CFR 174...... 29229 50 CFR 78...... 29948 64...... 29952 180...... 29229 622...... 29209 81...... 29522, 30204 73...... 29702 261...... 30237 660...... 29210 97...... 29948 Proposed Rules: 141...... 29526 42 CFR 1...... 29735 Proposed Rules: 180...... 29694, 30206 405...... 29526 2...... 29735 17...... 29432, 29975 271...... 29207 417...... 29526 27...... 29735 18...... 29364 372...... 29698 422...... 29526 64...... 29969 219...... 30080 423...... 29526 660...... 29544 721 ...... 30184, 30190, 30196, 49 CFR 30210 455...... 29526 679...... 29977 460...... 29526 107...... 29528

VerDate Sep 11 2014 20:07 Jun 04, 2021 Jkt 253001 PO 00000 Frm 00002 Fmt 4712 Sfmt 4712 E:\FR\FM\07JNCU.LOC 07JNCU khammond on DSKJM1Z7X2PROD with FR-3CU Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Reader Aids iii

listserv.gsa.gov/cgi-bin/ wa.exe?SUBED1=PUBLAWS- LIST OF PUBLIC LAWS Public Laws Electronic L&A=1 Notification Service Note: No public bills which (PENS) Note: This service is strictly have become law were for email notification of new received by the Office of the laws. The text of laws is not Federal Register for inclusion PENS is a free email available through this service. in today’s List of Public notification service of newly PENS cannot respond to Laws. enacted public laws. To specific inquiries sent to this Last List May 27, 2021 subscribe, go to https:// address.

VerDate Sep 11 2014 20:07 Jun 04, 2021 Jkt 253001 PO 00000 Frm 00003 Fmt 4712 Sfmt 4711 E:\FR\FM\07JNCU.LOC 07JNCU khammond on DSKJM1Z7X2PROD with FR-3CU